Legislation Commons^™

Notice Pleading In Exile, Adam N. Steinman

Cardozo Law Review

According to the conventional wisdom, the Supreme Court's 2009 decision in Ashcroft v. Iqbal discarded notice pleading in favor of plausibility pleading. This Article-part of a symposium commemorating the Iqbal decision's tenth anniversary-highlights decisions during those ten years that have continued to endorse notice pleading despite Iqbal. It also argues that those decisions reflect the best way to read the Iqbal decision. Although Iqbal is a troubling decision in many respects, it can be implemented consistently with the notice-pleading framework that the original drafters of the Federal Rules of Civil Procedure had in mind.

The New Qui Tam: A Model For The Enforcement Of Group Rights In A Hostile Era, Myriam E. Gilles, Gary Friedman

Articles

The present Administration has made clear it has no interest in enforcing statutes designed to protect workers, consumers, voters, and others. And, as we have chronicled in prior work, the ability of private litigants to enforce these laws has been undercut by developments in the case law concerning class actions—particularly class-banning arbitration clauses. As these critical enforcement methods recede, will alternative methods of prosecuting claims arise? How might they work? Are they politically and fiscally sustainable? We focus here on a promising approach just now coming into view: qui tam legislation authorizing private citizens to bring representative claims on behalf …

Is Obamacare Really Unconstitutional?, Nicholas Bagley

Articles

On December 18, 2019, just 3 days after the close of open enrollment on the exchanges and on the same day the House of Representatives impeached President Donald Trump, a conservative appeals court handed the President a major victory in his crusade against the Affordable Care Act (ACA). Over a stern dissent, the U.S. Court of Appeals for the Fifth Circuit declared that the law’s individual mandate is unconstitutional and that the entire rest of the law might therefore be invalid.

Administrative Law: Whose Job Is It Anyway?, Allison Mather

Pepperdine Law Review

This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference and analyzes whether the current doctrine is consistent with both its initial underlying policies and the Constitution. Ultimately, judicial deference to administrative agencies raises serious separation of powers concerns and should be modified to remain faithful to the nation’s founding principles.

The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor

DePaul Journal for Social Justice

No abstract provided.

Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold

DePaul Journal for Social Justice

No abstract provided.

“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, Shea Flanagan

DePaul Journal for Social Justice

No abstract provided.

The Equal Rights Amendment In The Age Of #Metoo, Deborah Machalow

DePaul Journal for Social Justice

No abstract provided.

"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, Aaron Loudenslager

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.

Letter From The Editors

DePaul Journal for Social Justice

No abstract provided.

The Congressional Review Act (Cra): Frequently Asked Questions, United States Congressional Research Service

United States House of Representatives: Documents

Summary

The Congressional Review Act (CRA) is an oversight tool that Congress may use to overturn rules issued by federal agencies. The CRA was included as part of the Small Business Regulatory Enforcement Fairness Act (SBREFA), which was signed into law on March 29, 1996. The CRA requires agencies to report on their rulemaking activities to Congress and provides Congress with a special set of procedures under which to consider legislation to overturn those rules.

Under the CRA, before a rule can take effect, an agency must submit a report to each house of Congress and the comptroller general containing …

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees, including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy which invite witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, except …

Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle

Pace Environmental Law Review

No abstract provided.

Social Justice And Deposit Return Calculations: A Study Of Success And Failure In Commercial Law Reform, William H. Widen

St. John's Law Review

(Excerpt)

This Article proceeds as follows: Part I describes case law which uses a “penalty” interpretation for § 2-718(2) and (3). Part II describes case law in which courts do not apply a penalty. Part III offers a penalty-free interpretation for § 2-718(2) and (3) that remains true to the statutory language. These three parts make extensive use of numerical examples and explanations. Although the presentation may seem dense in parts, an appreciation of the numbers is essential to understanding both the problem and the solution.

Part IV describes the drafting history of § 2-718(2) and (3) to support the …

Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan

Washington and Lee Law Review

This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally, …

Letter To Ncbe, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.

The Budding Hemp Industry: The Effect Of Texas House Bill 1325 On Employment Drug Policies, Meina Heydari

Student Scholarship

Contemporary attitudes toward cannabis use in the United States have shifted from War on Drugsera prohibition toward decriminalization over the past two decades. As states that do not seek to decriminalize marijuana nonetheless enact legislation legalizing CBD, policy tensions arise. In 2019, Texas joined the ranks of states that legalized hemp and hemp-derived products with the passage of House Bill 1325. In light of this legislation, this Article discusses the implications of legalized cannabidiol (CBD) on employment drug policies in Texas. The benefits of CBD legalization must be weighed against the practical implications to effectively balance policies that aim to …

Bias And Misrepresentation Of Science Undermines Productive Discourse On Animal Welfare Policy: A Case Study, Kelly Jaakkola, Jason N. Bruck, Richard C. Connor, Stephen H. Montgomery, Stephanie L. King

Faculty Publications

Reliable scientific knowledge is crucial for informing legislative, regulatory, and policy decisions in a variety of areas. To that end, scientific reviews of topical issues can be invaluable tools for informing productive discourse and decision-making, assuming these reviews represent the target body of scientific knowledge as completely, accurately, and objectively as possible. Unfortunately, not all reviews live up to this standard. As a case in point, Marino et al.’s review regarding the welfare of killer whales in captivity contains methodological flaws and misrepresentations of the scientific literature, including problematic referencing, overinterpretation of the data, misleading word choice, and biased argumentation. …

An Analysis On Biometric Privacy Data Regulation: A Pivot Towards Legislation Which Supports The Individual Consumer's Privacy Rights In Spite Of Corporate Protections, Carla Llaneza

St. Thomas Law Review

This Comment will address the different ways in which biometric data has become an integral part of everyday American life, whether it be through the use of facial recognition for national security or the use of fingerprinting to access an individual’s smartphone. Part II will further discuss how biometric data privacy legislation, specifically as set out in the Biometric Illinois Privacy Act (“BIPA”), has become prominent and will analyze its effects on the legal rights of consumers to bring suit against private entities. Part III will discuss the present solutions available to consumers who fall victim to companies who distribute …