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House Bills

Richmond Journal of Law and the Public Interest

Listing of House bills from the 2013 General Assembly

Effects Of Restaurant Tax And Price Increases: Implications For Managers, Policy Makers, And Lobbyists, Junghee Han

Theses and Dissertations--Retailing and Tourism Management

Legislation has been proposed in Kentucky that would authorize city legislative bodies to levy a tax on restaurant meals of no more than 3%, regardless of the size of the city. The bill has garnered attention from Kentucky Travel Industry Association, the Kentucky Restaurant Association, and local tourism and restaurant organizations and associations that oppose the tax. The Kentucky League of Cities, an organization that represents the interests of city governments, supports the tax. The purpose of this research was to examine how a change in the tax rate on restaurant meals would affect restaurant demand. Effects of changes in …

Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan

CMC Senior Theses

In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …

Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher

Scholarly Works

With its opinion on the constitutionality of the Affordable Care Act (ACA), the U.S. Supreme Court sparked much discussion regarding the implications of the case for other federal statutes. In particular, scholars have debated the significance of the Court's recognition of an anticoercion limit to the Spending Clause power.

When it recognized an anticoercion limit for the ACA's Medicaid expansion, the Court left considerable uncertainty as to the parameters of that limit. This essay sketches out one valuable and very plausible interpretation of the Court's new anticoercion principle. It also indicates how this new principle can address a long-standing problem …

South Carolina's 'Evolutionary Process', Ellen D. Katz

Articles

When Congress first enacted the Voting Rights Act (VRA) in 1965, public officials in South Carolina led the charge to scrap the new statute. Their brief to the Supreme Court of the United States described the VRA as an “unjustified” and “arbitrary” affront to the “Equality of Statehood” principle, and a “usurp[ation]” of the State’s legislative and executive functions. Not surprisingly, the Warren Court was unpersuaded and opted instead to endorse broad congressional power to craft “inventive” remedies to address systematic racial discrimination and to “shift the advantage of time and inertia from the perpetrators of evil to its victims.” …

Essential Health Benefits And The Affordable Care Act: Law And Process, Nicholas Bagley, Helen Levy

Law & Economics Working Papers

Beginning in 2014, the Affordable Care Act (ACA) will require private insurance plans sold in the individual and small-group markets to cover a roster of “essential health benefits.” Precisely which benefits should count as essential, however, was left to the discretion of the Department of Health and Human Services (HHS). The matter was both important and controversial. HHS nonetheless announced its policy on essential health benefits by posting on its website a 13-page bulletin stating that it would allow each state to define essential benefits for itself by choosing a “benchmark” plan modeled on existing plans in the state. On …

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

Richmond Public Interest Law Review

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 provisions intended to protect religious expression, including prayer, are necessary and can solve the problems they are intended to solve. It also identifies the crucial challenge in cases involving religious expression - namely, determining correctly whether it is the government or a private individual or group that is expressing or promoting a religious belief or practice. This determination must be made because …

The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen

Richmond Public Interest Law Review

In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …

Bill Summary Indices

Richmond Public Interest Law Review

House of Delegates bill summaries index

Keywords

Richmond Public Interest Law Review

Keywords for the bills

House Bills

Richmond Public Interest Law Review

Listing of House bills from the 2013 General Assembly

Senate Bills

Richmond Public Interest Law Review

Listing of Senate bills from the 2013 General Assembly

Resale Royalties For Visual Artists: The United States Taking Cues From Europe, Toni Mione

Cardozo Journal of International and Comparative Law

The note argues that visual artists in the U.S. are economically disadvantaged compared to authors and composers under U.S. copyright law, as their works do not generate royalties through reproduction. It advocates for federal resale rights legislation to align U.S. policy with international standards, particularly the EU Resale Right Directive, and address the disparity in artists' economic rights.

A Fresher Law: Amending The Florida Right To Farm Act To Include Urban Micro Farming As A Key Initiative To Promote Sustainability, Food Access, And Environmental Justice For Low-Income Communities, Cameryn Rivera

Florida A & M University Law Review

No abstract provided.

Crowdfunding Securities, Andrew A. Schwartz

Publications

A new federal statute authorizes the online "crowdfunding" of securities, a new idea based on the concept of "reward" crowdfunding practiced on Kickstarter and other websites. This method of selling securities had previously been banned by federal securities law but the new CROWDFUND Act overturns that prohibition.

This Article introduces the CROWDFUND Act and explains that it can be expected to have two primary effects on securities law and capital markets. First, it will liberate startup companies to use peer networks and the Internet to obtain modest amounts of capital at low cost. Second, it will help democratize the market …

Other Uses Of Legislative History, Mary Whisner

Librarians' Articles

Although we usually think of using legislative history to determine legislative intent when interpreting statutes, Ms. Whisner shows that legislative documents can be useful for other, less controversial purposes as well.

Shoes That Did Not Drop, Richard Marcus

University of Michigan Journal of Law Reform

I take "Shoes That Did Not Drop"' as my topic because I appreciate, by now, that what the Advisory Committee on Civil Rules does not do is, in some ways, as important as what it does. Similarly, the decision not to do something is equally important as, and may be more difficult than, the decision to do something. It may sometimes seem that amending the Rules is too easy. Greg Joseph once said that they are amended as often as the telephone book. Some even think that it was a mistake to create a Rules Committee.3 These reactions are overstated, …

Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix

University of Michigan Journal of Law Reform

In celebration of his twentieth year as the Reporter for the Advisory Committee on Civil Rules, I write to contribute some modest reflections on Professor Cooper's tenure as Advisory Committee Reporter. My comments are those of an academic who had the opportunity to observe the Advisory Committee for nearly a decade, but they are largely the comments of an outsider. Readers might be disappointed to find that there is no dish or inside baseball here.

The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen

Richmond Journal of Law and the Public Interest

In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …

Bill Summary Indices

Richmond Journal of Law and the Public Interest

House of Delegates bill summaries index