Legislation Commons^™

'Deriving' An Understanding Of The Extraterritorial Applicability Of The Commodity Exchange Act, Gabrielle Schwartz

St. John's Law Review

(Excerpt)

This Note argues that courts should return to using a holistic approach, similar to the traditional “conducts” and “effects” test previously used by courts to analyze extraterritorial securities and commodities claims, to assess claims brought under the CEA. Furthermore, this Note argues that both the Commodity Futures Trading Commission and private individuals including foreign plaintiffs, should be permitted to bring these claims to uphold Congress’s intent in establishing a regulatory regime and maintaining the integrity of the international derivatives market. Part I discusses the history of derivative regulation and how both court decisions and statutory changes have created the …

George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse

Maine Law Review

The State of Maine is blessed with a history of impressive and respected politicians. Among others, the list includes James Blaine, Margaret Chase Smith, and Edmund S. Muskie. The State now must add the name of George J. Mitchell to these ranks. A native son of Waterville, Maine, he attended Bowdoin College, Georgetown University Law Center, and eventually catapulted himself into one of the most powerful political positions in the United States government when he was elected as majority leader of the United States Senate. During his tenure as majority leader, he helped to redefine the position through his strong …

Senator George Mitchell And The Constitution, G. Calvin Mackenzie

Maine Law Review

In May of 1980, George J. Mitchell took the oath of office that all United States Senators have taken since 1868. The fourteen and one-half years of Mitchell's Senate service were a time of institutional and political tumult. For only two and one-half of those years were the Congress and the presidency controlled by the same party; only in those same two and one-half years did Mitchell serve with a President who was a member of his own party. This Article will examine a number of the most important constitutional issues that came before the Senate from 1980 through 1994. …

Transitional Justice Legislation In Taiwain Before And During The Tsai Administration, Ernest Caldwell

Washington International Law Journal

The Republic of China on Taiwan (“Taiwan”) successfully and peacefully transitioned from authoritarian, one-party rule into a constitutional democracy in the early 1990s. However, due to the island’s complex international status and fraught relationship with China, as well as a rather conservative government approach to post-authoritarian discourse on past human rights violations, there has been relatively little scholarly interest in Anglophone academia on Taiwanese transitional justice issues. This Article seeks to deepen our understanding of East Asian transitional justice by examining the influence of post-democratization local conditions on the scope and language of transitional justice legislation during two phases of …

Towards A Distinctive Trademark Law For The 21st Century, David Vaver

Articles & Book Chapters

Canada's Trade Marks Act, when passed in 1953, was probably the best then around, but 65 years later it is ready to be pensioned off. The Act's deficiencies have become more evident as new markets and interests have gained prominence. A broadly-based Committee to reconsider the reform ofall intellectual property laws, with trademark law as one component, should be struck to produce a user-friendly code fit for 21st century commerce.

Accessible Reliable Tax Advice, Emily Cauble

University of Michigan Journal of Law Reform

Unsophisticated taxpayers who lack financial resources are disadvantaged by a shortage of adequate tax advice. The IRS does not have the resources to answer all questions asked, and the IRS’s informal advice comes with no guarantee as to its accuracy and offers the taxpayer no protection when it is mistaken. Furthermore, non-IRS sources of advice have not sufficiently filled the void left by a lack of satisfactory IRS guidance. These biases against unsophisticated taxpayers have been noted by existing literature. This Article contributes to existing literature by proposing several novel reform measures to assist unsophisticated taxpayers.

First, with respect to …

Third-Party Institutional Proxy Advisors: Conflicts Of Interest And Roads To Reform, Matthew Fagan

University of Michigan Journal of Law Reform

With the rise of institutional activist investors in recent decades—including a purported 495 activist campaigns against U.S. corporations in 2016 alone—the role that third-party institutional proxy advisors play in corporate governance has greatly increased. The United States Office of Government Accountability estimates that clients of the top five proxy advisory firms account for about $41.5 trillion in equity throughout the world. For several years, discussions have developed regarding conflicts of interest faced by proxy advisors. For example, Institutional Shareholder Services, the top proxy advisory firm in the world, frequently provides advice to institutional investors on how to vote proxies while …

Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat

University of Michigan Journal of Law Reform

This Note analyzes the new HUD rule finalized in November 2016, which dramatically changed the structure of the Housing Choice Voucher program in select metropolitan areas. In August 2017, HUD suspended automatic implementation of the rule until 2020 for twenty-three of the twenty-four selected metropolitan areas, but in December 2017, a preliminary injunction was granted requiring HUD to implement the rule as of January 1, 2018. The rule as written changes the method for calculating the vouchers from using a metropolitan area-wide average to calculating a separate level for each zip code. Such a change could greatly deconcentrate poverty and …

S18rs Sgcr No. 14 (Campus Life Fees), John Green

Student Senate Enrolled Legislation

A CONCURRENT RESOLUTION

To place a referendum before the Louisiana State University student body in the Fall 2018 election to urge and request the LSU Board of Supervisors to review and reapportion the Campus Life Support Fee

Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood

Dickinson Law Review (2017-Present)

Washington’s 2012 adoption of a Limited License Legal Technician (LLLT) rule has been a topic of great interest throughout the United States and elsewhere. This Article is co-written by Steve Crossland, who is the Chair of the Washington Supreme Court’s Limited License Legal Technician Board, which is responsible for implementing the rule, and Paula Littlewood, who is the Executive Director of the Washington State Bar Association, which is the unified bar association charged, inter alia, with lawyer and LLLT regulation. This Article builds on the authors’ previous articles about Washington’s LLLT program by providing previously unpublished information about the …

The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers

Dickinson Law Review (2017-Present)

This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …

“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, Kyle Semroc

Dickinson Law Review (2017-Present)

The Pennsylvania Protection from Abuse Act (PFAA) empowers victims of domestic violence to obtain protection orders through a hearing process. Once the Protection from Abuse (PFA) process is initiated, a statewide registry system automatically generates a civil record. Currently, no statutory language governing the expungement of a PFA record exists in Pennsylvania, and courts have decided that a right to expungement exists only in limited circumstances. The courts are silent, however, on whether a protection order by consent of the parties with no admission of abuse is available for expungement.

This Comment begins by describing the procedure by which a …

S18rs Sgfb No. 1 (Turbovote), Frederick Bell

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of five thousand dollars and zero cents ($5,000.00) from the Student Government Initiatives Account to fund the TurboVote technology for twelve months beginning on the effective launch date

S18rs Sgb No. 1 (Amend Election Code), Jordan Landry

Student Senate Enrolled Legislation

A Bill

To Amend the Election Code Regarding the Addition of Reapportioned Senate Seats

S18rs Sgr No. 1 (Tops), Tyler Porche, Frederick Bell, Sarah Oliver

Student Senate Enrolled Legislation

A RESOLUTION

To strongly urge the Louisiana State Legislature to FULLY fund the Taylor Opportunity Program for Students (TOPS) during the 2018 Legislative session

S18rs Sgr No. 2 (Create Sfvac), James Mickler

Student Senate Enrolled Legislation

A RESOLUTION

To establish the Student Fee Value Assessment Committee (SFVAC) as a temporary committee of LSU Student Government

S18rs Sgb No. 2 (Amend Budget), Cassidy Riley

Student Senate Enrolled Legislation

A BILL

to amend the Student Government budget

S18rs Sgfb No. 3 (Spring Greening), Kevin Ellis

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of seven thousand dollars and zero cents ($7,000.00) from the Student Government Initiatives account to fund sustainable plants for Spring Greening Day 2018

S18rs Sgfb No. 5 (Srow), Monet Lacour

Student Senate Enrolled Legislation

A FINANCE BILL

To Allocate Nine thousand eight hundred twenty dollars and zero cents $9,820.00 from LSU Legislative Contingency to Help Fund LSU Ambassadors to attend the Southern Regional Orientation Workshop (SROW) on March 15-18, 2018

S18rs Sgr No. 3 (Fin 1060), Erica Borne, David Trepagnier

Student Senate Enrolled Legislation

A RESOLUTION

To Urge and Request the College of Business to expand the course offerings for Finance 1060