Legislation Commons^™

The Semicommons And Wisconsin Water Quality, David A. Strifling

Marquette Intellectual Property Law Review

From the Great Lakes to pristine northern streams, Wisconsin boasts a plentiful and valuable array of water resources. Yet water stress analyses show that this natural capital is deeply threatened in a variety of ways. The pressure results primarily from human activity, ranging from general overuse to colonization by anthropogenically introduced non-native species. Some of the greatest water quality problems, however, are caused by land use practices that lead to polluted runoff from farm fields and urban settings. The onset of climate change has the potential to further exacerbate all of this. These issues, coupled with the failure of existing …

Lcsh In The Southern Levant, Steven W. Holloway

Libraries

The article demonstrates how Library of Congress Subject Headings (LCSH) geographic headings for the Southern Levant mirror the political investment of Congress and the American public in Middle East politics over the last thirty years. The headings’ evolution as well as Library of Congress rules governing their creation is charted in detail. These LCSH headings contrast markedly with those established in other national libraries (BnF, DNB) and independent value vocabularies (TGN, GeoNames), and global opinion regarding the legal status of the occupied territories. I sketch the historical context of their formation and offer suggestions as to how libraries can “decolonize” …

Negligent Entrustment In Gun Industry Litigation: A Primer, Kate E. Britt

Law Librarian Scholarship

Deep pocket jurisprudence, where plaintiffs name corporations as codefendants of less wealthy individual tortfeasors, is not uncommon in tort litigation. When the plaintiffs are victims of gun violence and the corporate defendants are firearms manufacturers, however, these suits are particularly controversial. Instead of aiming to make the victims whole, these suits are opposed (or supported) as attempts to regulate the firearms industry on a widespread basis. This article explores some of the resources available to understand the recent history of suits against firearms manufacturers.

Swing And A Miss: Why Congress Is Missing The Mark On Their Latest Proposed Legislation, 51 J. Marshall L. Rev. 613 (2018), Daniel Sparks

UIC Law Review

No abstract provided.

"Declinations With Disgorgement" In Fcpa Enforcement, Karen Woody

University of Michigan Journal of Law Reform

This Article addresses the recent pretrial diversion scheme undertaken by the Department of Justice in conjunction with its Foreign Corrupt Practices Act Pilot Program—specifically, “declinations with disgorgement.” Pursuant to the Pilot Program, the Department of Justice declined to prosecute or even continue an investigation, provided the company disgorge its alleged ill-gotten gains. This Article dissects both the purpose of, and terminology used in, declinations with disgorgement and argues that this novel and creative pretrial diversion is a dangerous conflation of legal remedial theories and terms. A criminal disposition cannot be a declination with attendant penalties because either illegal activity occurred …

Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold

Cardozo Law Review de•novo

This Note argues for a federal classification of music videos as noncommercial, artistic speech under the First Amendment. As an artistic expression of a singer, music videos are no longer the promotional mini-movies they once were; they are now utilized widely by artists to express their artistic preferences—including the communication of social, political, and cultural doctrine.

Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this …

Interpreting Canada's Medical Assistance In Dying Legislation, Jocelyn Downie, Jennifer A. Chandler

Reports & Public Policy Documents

When the Canadian medical assistance in dying (MAiD) legislation came into force in June 2016, it was widely noted that the meaning of some of its key terms and phrases was unclear. For example, questions were immediately raised about the meaning of “incurable illness, disease, or disability,” “advanced state of irreversible decline in capability,” and “natural death has become reasonably foreseeable.” Interpretation challenges are not uncommon with new legislation. However, in the context of something as significant as access to MAiD and potential criminal liability for getting the meaning of the legislation wrong, these challenges must be confronted by those …

Dreamers Deferred: The Broken Promise Of Immigration Reform In The Obama Years, Kristina M. Campbell

Journal Articles

No abstract provided.

Restoring A Willingness To Act: Identifying And Remedying The Harm To Authorized Employees Ignored Under Hoffman Plastics, Rita Trivedi

University of Michigan Journal of Law Reform

Part I of this Article provides a background for both the NLRA and the IRCA. It examines the goals and remedies of both statutes as well as the impact of the Supreme Court’s Hoffman decision on available remedies.

Part II addresses the currently-skewed remedial incentives. It considers why employers are tempted to hire unauthorized workers and commit unfair labor practices that are then inadequately remedied, which creates a situation that adversely effects the rights of authorized employees.

Part III more closely analyzes this consequential harm. This Part identifies the erosions on the NLRA’s collective nature and the impact on authorized …

Keeping Man's Best Friend His Best Friend: Why Minors Should Not Witness Animal Abuse And Legislation That Can Prevent This Exposure, Kaleah M. Ault

Valparaiso University Law Review

No abstract provided.

Chapter 86: Nevada Finally Outlaws Bestiality, Emily Malhiot

University of the Pacific Law Review

No abstract provided.

The Next Reapportionment Revolution, Ashira Ostrow

Indiana Law Journal

In the 1960s, the Supreme Court famously imposed the one-person, one-vote requirement on federal, state, and local legislatures. The doctrine rapidly resolved the problem of malapportioned districts. Within just a few years, legislatures across the nation were reapportioned to equalize the population between districts. Sadly, however, the national commitment to equal-population districts has led directly to the current crisis of political gerrymandering. The boundaries of equal-population districts must be redrawn every ten years to maintain population equality. Even with rigid adherence to population requirements, district boundaries are easily manipulated to secure incumbent seats and advance partisan interests. Redistricting is rightly …

The Limits On Congress's Power To Do Nothing: A Preliminary Inquiry, William P. Marshall

Indiana Law Journal

As Part I of this Essay will show, arguments for limiting Congress’s authority to do nothing are not readily found in history, text, or constitutional structure. Part I concludes, however, that the need for establishing some constitutional limits on congressional inaction is nevertheless compelling because of the seriousness of the dangers involved. Accordingly, Part II goes on to advance an approach that would limit Congress’s power to do nothing in certain circumstances. Specifically, Part II proposes an approach that would limit Congress’s power to do nothing based on the type of power that Congress is (or is not) exercising. Congress …

Chapter 830: Cleaning Products Are Coming Clean, Elizabeth “Libby” Grotewohl

University of the Pacific Law Review

No abstract provided.

Bank Robbery In The Bizarro World, Kimberly Barnes

University of the Pacific Law Review

No abstract provided.

Ab 45: Addressing California’S Teacher Shortage With Affordable Housing, Dylan De Wit

University of the Pacific Law Review

No abstract provided.

Ab 1578: The End Of Marijuana Prohibition As We Know It?, Trevor Wong

University of the Pacific Law Review

No abstract provided.

Reversing The Ice Age: Immigration Reform In California, Megan Mccauley

University of the Pacific Law Review

No abstract provided.

Chapter 789: Banning The Box: The Solution To High Ex-Offender Unemployment?, Michael Hopkins

University of the Pacific Law Review

No abstract provided.