Legislation Commons^™

F13rs Sgr No. 6 (Paul Dietzel Condolence), Harper, Loga, Beadle

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 8 (Plus/Minus Grading), Schwartzenburg, Buvens

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 9 (Us Passport Office), Baumgardner, Schwartzenburg

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 11 (Parking Fee Research), Zerkus, Frink, Grotte

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 7 (Code Of Honor, Honor Board), Rees, Pinac, Voss, Muehleman, J Karam, Polander, Williams, Triche, Geymann, Grotte, Bourgeois

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 12 (Manship Commendation), Lancon, Zeringue, Loga

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 10 (Ps-22 Amendments), Schwartzenburg, Triche

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 13 (Fall Holiday), Voss, Grotte

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 14 (Disability Fee), Kiggans, Johnson

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 15 (Grad Orf), Alex Grashoff, Emily Smith

Student Senate Enrolled Legislation

No abstract provided.

F13rs Sgr No. 16 (Outtakes, Take 5), Lancon

Student Senate Enrolled Legislation

No abstract provided.

A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg

University of Arkansas at Little Rock Law Review

No abstract provided.

Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West

Political Science Faculty Publications

If there is any Virginia law that deserves to be called "iconic," it is Section 16 of the Virginia Bill of Rights, which combines the religious freedom provision in Virginia's first Declaration of Rights (1776) with portions of Thomas Jefferson's Statute for Religious Liberty (1785). These two documents also inspired the religion clauses of the First amendment and are world famous.

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This article consists of the following sections: Section one presents the content of the proposed amendment and explains the ways in which it is unclear, redundant, and otherwise poorly written. Section two addresses the issue of whether the …

Moment Of Clarity: A Centrist Approach To Mortgage Lending, Yusuf Yusuf

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Preemption And Textualism, Daniel J. Meltzer

Michigan Law Review

In the critically important area of preemption, the Supreme Court’s approach to statutory interpretation differs from the approach it follows elsewhere. Whether in politically salient matters, like challenges to Arizona’s immigration laws, or in more conventional cases, such as those in which state tort liability overlaps with federal regulation, the Court’s preemption decisions reflect a highly purposive approach to reading statutes, most notably through the application of “obstacle preemption” analysis. Recently, however, Justice Thomas has objected to the Court’s failure in preemption cases to respect its more textualist approach to issues of statutory interpretation, and he has urged that obstacle …

Amicus Briefs Of The National Association Of Consumer Advocates In Day V. Persels & Associates, 729 F.3d 1309 (11th Cir. 2013), Brian Wolfman

U.S. Supreme Court Briefs

These amicus briefs are likely to interest legal academics and practitioners who write, research, and practice in the areas of (1) federal courts, (2) class actions, (3) separation of powers, (4) constitutional law more generally, and (4) federal litigation.

In Day v. Persels & Associates, 729 F.3d 1309 (11th Cir. 2013), an absent class member objected to a class-action settlement. The objector argued that the settlement was unfair because, among other reasons, it provided no monetary recovery to the class members. In the district court, prior to class certification and settlement, the defendants and the named plaintiff had consented …

Issue Brief: Saving By Mitigating, University Of Louisville, New England Environmental Finance Center

Sustainable Communities Capacity Building

Natural disasters can cause loss of life, inflict damage to buildings and infrastructure, and have devastating consequences for a community’s economic, social, and environmental well-being. Hazard mitigation means reducing damages from disasters.

Local governments have the responsibility to protect the health, safety, and welfare of their citizens. Proactive mitigation policies and actions help reduce risk and create safer, more disaster-resilient communities. Mitigation is an investment in your community’s future safety, equity, and sustainability.

Retroactivity And Crack Sentencing Reform, Harold J. Krent

University of Michigan Journal of Law Reform

This Article argues that the strong presumption against retroactive application of reduced punishments articulated in the Supreme Court’s recent decision, Dorsey v. United States, is neither historically grounded nor constitutionally compelled. Although not dispositive in Dorsey, the presumption may mislead legislatures in future contexts, whether addressing marijuana decriminalization or lessened punishment for file sharing, and in no way should signal to Congress that future changes should apply prospectively only. Although the Court reached the right result in applying the reduction in punishment for crack offenses to offenders whose sentences had not been finalized, the Court relied excessively on the general …

Not The Power To Destroy: An Effects Theory Of The Tax Power, Robert D. Cooter, Neil S. Siegel

Faculty Scholarship

The Supreme Court’s “new federalism” decisions impose modest limits on the regulatory authority of Congress under the Commerce Clause. According to those decisions, the Commerce Clause empowers Congress to use penalties to regulate interstate commerce, but not to regulate noncommercial conduct. What prevents Congress from penalizing non-commercial conduct by calling a penalty a tax and invoking the Taxing Clause? The only obstacle is the distinction between a penalty and a tax for purposes of Article I, Section 8. In National Federation of Independent Business v. Sebelius (NFIB), the Court considered whether the minimum coverage provision in the Patient Protection and …

It's Time To Start Showing A Little Restraint: In Search Of A Compromise On Federal Seclusion And Restraint Legislation, Cali Cope-Kasten

University of Michigan Journal of Law Reform

In 2009, the United States House of Representatives heard testimony that hundreds of students had been injured in schools by teachers secluding or physically restraining them. Congress had never legislated on seclusion and restraint, but the alarming allegations of student injuries and deaths prompted many parents to demand a ban on the use of the techniques in schools. In the continuing debate, school officials have protested that seclusion and restraint are important tools for teachers to protect their classrooms from out-of-control students. Torn between these two extreme positions, Congress has twice attempted — but failed — to pass federal legislation …