Legislation Commons^™

Should I Stay Or Should I Go: The Evolution Of Emergency Arbitration Procedure Within Private International Law, Katarina Resar Krasulova

Cardozo International & Comparative Law Review

The emergency arbitration procedure is widely and ever increasingly used by parties around the world. Because of that, the main question in the past decade has shifted from whether emergency arbitration will endure, to how it is that emergency proceedings became a fixture of international arbitration despite a body of academic literature that doubted its viability. Answering this question, this Article shows that the international arbitral rules have evolved in response to parties' demands and concerns, and this evolution contributed to the procedure's popularity. The Article then discusses how emergency arbitrators, legislators, and national courts devised solutions to problems relating …

The Charter School Network (Almost) No One Wants: Mobilizing Regulation And Litigation To Serve The Public Interest, Joni Hersch, Colton Cronin

Cardozo Law Review

Publicly funded, independently operated charter schools entered the public sector three decades ago with the promise of innovating public education to better serve students in underperforming schools. Despite limited evidence of improved educational outcomes, charter schools are now an established part of the education system, with around 7,800 charter schools serving more than seven percent of public, school students.

Although charter schools have long been associated with the controversial school choice movement, a recent entrant into the charter school arena has created new and urgent concerns. Hillsdale College, through its affiliate Barney Charter School Initiative, has been making escalating inroads …

The Long Shadow Of Inevitable Disclosure, Stacey Dogan, Felicity Slater

Faculty Scholarship

A growing body of evidence has highlighted the human and economic costs associated with contractual restrictions on employee mobility. News accounts describe abusive use of non-compete clauses to prevent low wage workers from seeking better options. Economists, meanwhile, have demonstrated that innovation and economic dynamism may suffer when employers can easily prevent their employees from changing jobs. While state legislatures have attempted to address these concerns by restricting employers' use of non-compete agreements, the Federal Trade Commission recently announced a plan to prohibit them altogether. As policymakers focus attention on contractual limits on employment mobility, however, a more insidious threat …

U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.

Peraturan Kraton Yogyakarta Yang Tak Lagi Jadul (Suatu Analisis Terhadap Pembaharuan Teknik, Format Dan Muatan Dawuh Dalem Di Kraton Yogyakarta), Rozi Beni

Jurnal Hukum & Pembangunan

In the midst of the rapid development of the conception and implementation of a modern and democratic government structure, the Ngayogyakarta Hadiningrat Sultanate was able to preserve its customary laws, including regarding governance and government structure in a monarchical system regulated in the Kraton's statutory regulations. Customary law, such as Dawuh Dalem, is often considered ancient, out of date, only important for legal historians, and other skeptical views. However, in reality, customary law is still alive with various reforms. In this normative research, we discuss the renewal of the internal statutory regulations of the Yogyakarta Palace, called Dawuh Dalem. The …

The Case For An Open Bar: Why The Supreme Court Must Establish A Public Bar Membership Roll, Harry William Baumgarten

Journal of Legislation

No abstract provided.

Table Of Contents And Masthead

Journal of Legislation

No abstract provided.

Backlash: After 40 Years Of Tort Reform Noise, Let's Change The Tone, Undo The Harm, And Correct The Big Lie, Andrew F. Popper

Journal of Legislation

No abstract provided.

Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang

Journal of Legislation

No abstract provided.

Panicked Legislation, Catherine L. Carpenter

Journal of Legislation

No abstract provided.

Civil Cipa: A Defense Against The Government's Unchecked State Secrets Privilege, Morgan Cleary

Journal of Legislation

No abstract provided.

Combatting Suggestiveness In Lineups: Can Legislation Be The Answer?, Samantha Kay Krasker

Journal of Legislation

No abstract provided.

Omnibus Legislation And Separation Of Powers: Too Big To Fail?, Evan Wright

Journal of Legislation

No abstract provided.

Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, Alexander F. Krupp

Georgia Law Review

When the European Union’s (EU) General Data Protection Regulation (GDPR) passed in 2016, it represented the world’s first major comprehensive data privacy law and kicked off a conversation about how we think about the right to privacy in the modern age. The law granted a broad range of rights to EU citizens, including a right to have companies delete data they collect about you, a right not to have your personal information sold, and a range of other rights all geared towards individual autonomy over personal data. All the while, platform companies like Facebook (Meta), Apple, and Amazon have taken …

You’Re Out!: Three Strikes Against The Plra’S Three Strikes Rule, Kasey Clark

Georgia Law Review

As federal court caseloads increased in the twentieth century, concerned jurists and academics pointed their fingers at many potential culprits. One culprit in particular, however, caught the attention of Congress: suits brought by prisoners. To curtail what it believed was an influx of frivolous prisoner litigation, Congress passed the Prison Litigation Reform Act (PLRA) in 1996. One provision of the PLRA, known as the “three strikes rule,” prohibits a prisoner from proceeding in forma pauperis if three or more of the prisoner’s prior actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim …

Evaluating Congress's Constitutional Basis To Abolish Felony Disenfranchisement, James E. Lauerman

Washington Law Review

In the past three years, members of Congress unsuccessfully introduced a series of federal voting rights legislation, most recently the Freedom to Vote Act. One goal of the legislation is to abolish felony disenfranchisement. Felony disenfranchisement is the practice of revoking a citizen’s right to vote due to a prior felony conviction. The Freedom to Vote Act aims to restore voting rights for every citizen who has completed their prison sentence. A ban on felony disenfranchisement would be historic, as the practice stretches back to ancient Greece and Rome. Moreover, the United States Supreme Court consistently upholds the practice by …

The Coming Copyright Judge Crisis, Saurabh Vishnubhakat, Dave Fagundes

Articles

Commentary about the Supreme Court's 2021 decision in United States v. Arthrex, Inc. has focused on the nexus between patent and administrative law. But this overlooks the decision's seismic and as-yet unappreciated implication for copyright law: Arthrex renders the Copyright Royalty Board ("CRB") unconstitutional. The CRB has suffered constitutional challenge since its 2004 inception, but these were seemingly resolved in 2011 when the D.C. Circuit held that the CRB's composition did not offend the Appointments Clause as long as Copyright Royalty Judges ("CRJs") were removable atwill. But when the Court invalidated the selection process for administrative patent judges on a …

In The Shadow Of Supply Chains: The Eu Draft Due Diligence Directive, Corporate Enslavement, And The Case For The Inclusion Of Corporate Reparations, Simone Haines

DePaul Journal for Social Justice

No abstract provided.

Illinois: A State-Of-The-Art Model For State Immigration Rulemaking, Camilla Mroczkowski

DePaul Journal for Social Justice

No abstract provided.

Outdated, Archaic, And Stereotypical: Current Medicaid Income And Asset Limits Discriminate Against Working Individuals With Disabilities, Megan Parker

DePaul Journal for Social Justice

No abstract provided.

Letter To The Readers, Brita Jelen, Kaylee De Tender

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Brita Jelen

DePaul Journal for Social Justice

No abstract provided.

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …

6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

My Body, My Choice: Should Physician-Assisted Suicide Be Legalized In The United States For Individuals With Chronic Mental Illness?, Angelika Anderson

Texas A&M Law Review

Many individuals with mental illness wish to die because the symptoms of their illness are unbearable. They shoot, suffocate, and poison themselves to make their pain go away. Because this is a statistical reality, a more certain and less violent means of death should be legalized. This Comment advocates for the legalization of physician-assisted suicide (“PAS”). As of 2022, nine states and the District of Columbia have legalized PAS for terminal illness, but this Comment argues that all fifty states should legalize PAS and not only for terminal illness, but for chronic mental illness as well. To do so, this …

Extinction Or Bust: Improving Species Recovery Under The Endangered Species Act By Amending The Funding Allocation And Recovery Planning Processes, Max Hayashi

Texas A&M Law Review

The Endangered Species Act of 1973 (“ESA”) is among the most powerful environmental statutes passed in U.S. history and serves as a blueprint for government-sanctioned conservation efforts globally. At its core, the ESA seeks to protect listed plant and animal species by prohibiting actions that harm their chances of survival. While the ESA has generally succeeded in pursuing this goal as implemented, it has also led to a host of problems that undermine its effectiveness and generated widespread discontent among conflicting, disparate stakeholders, including environmentalists, industry groups, government agencies, and private landowners. Criticisms of the ESA generally focus on several …

Redressing Sustainable Fashion Practices: Upcycling As A Defense To Trademark Infringement, Victoria Lepesant

Texas A&M Law Review

Upcycling is a fashion trend that has recently gained popularity because it is a more sustainable option for those seeking to purchase new pieces for their wardrobes. Upcycling involves deconstructing pre-owned pieces of clothing, jewelry, and accessories and using the deconstructed materials to create “new” fashion items. While this practice is popular among those looking to make environmentally conscious shopping choices, it is incompatible with our current trademark statutes and common law doctrines. Under the Lanham Act, it is considered trademark infringement to use another’s trademark when it is likely to cause confusion among consumers. In most instances, the use …

The Road To Hell Is Paved With Vague Intentions: Prosecutorial Development Of 18 U.S.C. § 666 And Its Effect On Local Officials, Theodore Richardson

Texas A&M Law Review

Over the past century, federal prosecution has expanded to cover behavior without a clear nexus to federal interests. At the same time, the powers of local governments have expanded to areas historically reserved for states. These two trajectories have created a collision course, pitting federal prosecutors against local officials in unexpected ways. Vaguely drafted laws have enabled federal prosecutors to expand their discretionary authority and reach conduct that sits well outside of traditional ideas of criminality.

Corruption is a serious issue that needs to be addressed correctly. But how corruption is addressed and who should address it are two important …

The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Who Is Manning The Ship? The Environmental And Legal Questions Facing The Emerging Commercial Space Tourism Market, Alec Fante

Villanova Environmental Law Journal (1991 - )

No abstract provided.