Single Subject Rules And Civil Rights: Using Legislative-Process Restrictions To Facially Challenge Constitutionally Suspect Laws,
2018
Brooklyn Law School
Single Subject Rules And Civil Rights: Using Legislative-Process Restrictions To Facially Challenge Constitutionally Suspect Laws, Annie Melton
Journal of Law and Policy
This Note argues that the single subject rule, a procedural restriction, can be used to facially challenge certain insidious laws. By giving courts an opening to review a law in its most elemental form—a deliberated-over means of adequately implementing a new, or remedying an existing, policy—the single subject rule tests it for characteristics like clarity, practicality, and predictability. The rule is rarely litigated in many states, but doing so draws attention to a fundamental philosophy of the legislative process, which is especially compelling in light of the ideological battles that are dominating statehouses across the country and giving rise to …
Text Mining Analysis Of Acquisition Reforms And Expert Views,
2018
Air Force Institute of Technology
Text Mining Analysis Of Acquisition Reforms And Expert Views, Amanda L. Mcgowin, Jonathan D. Ritschel, R. David Fass, Bradley C. Boehmke
Faculty Publications
Legislation, in the form of acquisition reforms, is historically enacted to address perceived cost, schedule, and performance problems in the defense acquisition system. Text mining is utilized to examine five major reforms and a compendium of views from 32 acquisition experts to identify commonalities and disconnects.
Endangered Deference: Separation Of Powers And Judicial Review Of Agency Interpretation,
2018
St. John's University School of Law
Endangered Deference: Separation Of Powers And Judicial Review Of Agency Interpretation, Kathryn M. Baldwin
St. John's Law Review
(Excerpt)
This Note proceeds in four parts: Part I consists of a brief history of the development of agency deference doctrine. Part II examines the decline of deference from the perspective of all three branches of government: the overuse by the executive agency that catalyzed deference’s denouement, the underuse by the United States Supreme Court and renewed separation of powers challenges, and the parallel assault from Congress under the pending SOPRA. Part III addresses the proposed de novo review standard and highlights the deficiencies in that solution, emphasizing instead the tools that Congress already employs to meaningfully check agency interpretations. …
Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services,
2018
Chicago-Kent College of Law
Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr
Chicago-Kent Law Review
No abstract provided.
An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs,
2018
University of Southern Maine, Muskie School of Public Service
An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stuart Bratesman Mpp
Disability & Aging
A citizen initiative on the November 2018 ballot (Question 1, An Act to Establish Universal Home Care for Seniors and Persons with Disabilities) would establish a "Universal Home Care Program" (UHC Program) to serve older adults and persons with a disability living in Maine. This report does not constitute either support for or opposition to the referendum but is intended as an independent assessment of how the UHC Program could be implemented if it were to be approved by Maine voters. This analysis focuses on the implications of the UHC Program within the context of the Medicaid and …
Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions,
2018
Marquette University Law School
Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions
Marquette Law Review
National policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest effect is not imprisonment, but being marked as a criminal and subjected to legal disabilities. Consequences can include loss of civil rights, loss of public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences—often applicable for life—based on convictions from any jurisdiction. …
Department Of Managed Health Care,
2018
University of San Diego
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2018
University of San Diego
Medical Board Of California, Kayla Watson, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2018
University of San Diego
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2018
University of San Diego
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2018
University of San Diego
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2018
University of San Diego
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission,
2018
University of San Diego
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2018
University of San Diego
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2018
University of San Diego
Department Of Insurance, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Punitive Preemption And The First Amendment,
2018
University of San Diego
Punitive Preemption And The First Amendment, Rachel Proctor May
San Diego Law Review
In recent years, state legislators have begun passing a new breed of “punitive” preemption laws–those that impose fines, civil and criminal sanctions, and other sanctions on local governments and their officials as a consequence of passing laws or enacting policies that are inconsistent with state laws. This represents a significant change from traditional preemption, under which a local government could enact laws based on its view of preempting state statutes and applicable state constitutional provisions and, if necessary, defend its interpretation in court. When punitive preemption prevents a local lawmaking process from taking place, the state forecloses a unique form …
The Legal Foundations Of White Supremacy,
2018
University of North Carolina at Chapel Hill
The Legal Foundations Of White Supremacy, Erika Wilson
DePaul Journal for Social Justice
No abstract provided.
Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony,
2018
University of North Carolina School of Law
Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren
DePaul Journal for Social Justice
No abstract provided.
Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness,
2018
DePaul University
Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen
DePaul Journal for Social Justice
No abstract provided.
Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017),
2018
University of Haifa
Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron
DePaul Journal for Social Justice
No abstract provided.
