Legislation Commons^™

We Have Lost Our Minds, Teneille Ruth Brown

Pace Law Review

This Article examines the paradoxical treatment of autonomy in American healthcare law. While autonomy has become the dominant principle in medical ethics and neoliberal market philosophies, pregnant people have been systematically denied this same autonomy through increasingly restrictive abortion statutes. Using the rhetoric of “informed consent,” abortion-restrictive statutes ironically pervert the animating principles behind the doctrine—rendering it almost meaning- less. I argue that this contradiction stems from the dehumanization of pregnant people who seek abortions, particularly through the denial of their capacity to have individual, complex mental states and feelings. Drawing on moral psychology, the Article demonstrates how pregnant people …

A Long Road Ahead: Examining The Constitutionality Of New York City’S Congestion Pricing Plan, Emily Dulberg

Brooklyn Law Review

New York City attempted to implement New York’s first congestion pricing scheme, the Central Business District Tolling Program (CBDTP). The CBDTP was paused by Governor Kathy Hochul amidst concerns that the scheme will have negative impacts on families who have not financially recovered from the pandemic. The CBDTP sought to charge drivers a fee each time they entered the Central Business District (CBD), an area below 60th Street in Manhattan. The purpose of this plan was to raise funds for the Metropolitan Transit Authority (MTA) to improve mass transit while simultaneously decreasing pollution and traffic congestion in New York City. …

The Sec As An Entrepreneurial Enforcer, James J. Park

Northwestern University Law Review

The truth of disclosures by public companies is policed by both private plaintiffs and the Securities and Exchange Commission (SEC). The courts and many commentators have viewed the SEC as a more responsible enforcer than private litigants. Entrepreneurial enforcers with a profit motive have an incentive to advance questionable legal theories to expand the reach of Rule 10b-5, the primary federal prohibition of securities fraud. In contrast, the conventional view is that a public enforcer will bring straightforward cases against public companies. This Article argues that this perception is dated, and that the SEC has become more entrepreneurial in its …

Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie

Northwestern University Law Review

This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …

The Impact Of Incidental Doubt On The Continuation Of The Descriptive Attribute That Establishes The Ruling According To The Maliki School – An Applied Foundational Study, Khlouq D. Agha, Shibli A. Obeidat, Rogayah S. Alqaraleh, Ibrahim A. Abualadas

An-Najah University Journal for Research - B (Humanities)

Objective: This study aims to elucidate the impact of incidental doubt on the descriptive attribute that establishes a ruling in its continuation (Istiṣḥāb) according to Maliki Stream. This necessitated conducting an applied foundational study of this type of continuation (Istiṣḥāb), by addressing the primary question: Does incidental doubt regarding the descriptive attribute that establishes a ruling have the strength to annul the continuation (Istiṣḥāb) of that attribute and change the established ruling in Maliki jurisprudence? Methedology: The researchers in this study relied on inductive and descriptive-analytical methodologies. Results: The study concluded with several findings, most notably that the continuation (Istiṣḥāb) …

Democracy On The Brink, Down But Not Defeated, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

This essay assesses the current state of governance and is premised on the notion that distrust, anger, and discontent in our legal system represent a threat to the whole of the regulatory state and voting, the preeminent engines of democracy. The decline in trust in government is attributable in meaningful part to the prevalence of lies and false narratives that, if believed, will undermine government at every level. While various recent actions of Congress and certain Supreme Court cases have the potential to further dilute confidence in governance, they are not the focal point of this essay. It is disinformation …

Gut Check: Why Obesity Is Not A Disability Under Tennessee Law And How The Legislature Can Address The Obesity Epidemic, Jennifer Vallor

Tennessee Journal of Law and Policy

No abstract provided.

Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon

Tennessee Journal of Law and Policy

No abstract provided.

Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter

Tennessee Journal of Law and Policy

No abstract provided.

Selected Indiana Government Statistical Agencies And Their Data, Bert Chapman

Libraries Faculty and Staff Presentations

Provides coverage of Indiana state government agencies statistics and selected Tippecanoe County, Indiana local government statistical publications. Presentation describes state agencies such as the Indiana Departments of Agriculture, Education, Health, Local Government Finance, and State Budget Agency. Examples of historical and current data are presented.

Accommodations Wanted: Interpreting The Role Of Adverse Employment Actions In Failure-To-Accommodate Claims, Sadie Sand

University of Cincinnati Law Review

No abstract provided.

The Legal Landscape After Roe's Reversal, Rachel Rebouché

University of Cincinnati Law Review

No abstract provided.

Rural Renting: An Empirical Portrait Of Eviction, Cassie Chambers Armstrong, Christopher J. Ryan Jr.

University of Cincinnati Law Review

In this Study, we examine eviction from the renter’s perspective. Specifically, we seek to understand what factors influence the eviction process—and the likelihood it will result in a judgment against a renter—once a property owner initiates legal proceedings. To this end, we used records from 202,572 eviction cases filed by landlords in Kentucky state courts. We employed statistical modeling to determine what impacted whether each case ultimately ended in a judgment of eviction against the renter.

Many of our findings were novel, and they were staggering. We found that, holding all else equal, those living in rural areas were at …

Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court, Nina A. Mendelson

Articles

In the last few years, the Supreme Court has been a source of seismic change. In Dobbs v. Jackson Women’s Health Organization, the Court overruled Roe v. Wade, which had protected the right to abortion for nearly fifty years. In Loper Bright Enterprises v. Raimondo, the Court abandoned so-called Chevron deference to particular categories of administrative agency interpretations, a doctrine viewed as bedrock for over forty years. Humphrey’s Executor v. United States, the 1935 ruling validating independent multi-member commissions such as the Federal Trade Commission, Securities and Exchange Commission, and Federal Communications Commission, may soon join the others on the …

Retroactive Application Of Statutes: Protection Of Reliance Interests, Gene A. Maguire

Maine Law Review

Courts commonly use the term "retroactive" in two senses. On the one hand, it refers broadly to the fact that all new laws to some extent apply to a state of affairs created by past events. The term, on the other hand, embodies a time-honored historical antipathy to laws that disrupt settled expectations. The common law upholds the principle that the citizenry should be able to make everyday decisions with reasonable certainty of the legal consequences of their actions. This principle is based on fundamental notions of fairness and justice. It is well established, however, that the legislature may enact …

Separation Of Powers Restrictions On Judicial Rulemaking: A Case Study Of Federal Rule 4, Ralph U. Whitten

Maine Law Review

Debates over the validity of Federal Rules of Civil Procedure have historically centered on the "substantive rights" restriction of the Rules Enabling Act of 1934. While Supreme Court decisions from Sibbach v. Wilson & Co. through Hanna v. Plumer and beyond have arguably deprived the restriction of any practical force, scholars have consistently favored a more rigorous interpretation of the directive that federal rules not "abridge, enlarge, or modify any substantive rights." Despite the historic impotence of the substantive rights restriction, discussions of the validity of the Federal Rules of Civil Procedure continue, even today, to center on the substantive …

The Public In Action: The Potential For Public Inquiries To Realize Deliberative Democracy A Case Study Of The Mass Casualty Commission, Grace Bryson

Dalhousie Journal of Legal Studies

Public inquiries have the potential to promote deliberative democracy. However, the current structure and procedures employed in public inquiries do not promote this goal. Rather, the procedures are based in adversarial methods that do not align with the diverse functions of public inquiries. This paper addresses these procedural shortcomings and seeks to encourage more fulsome public participation. Using the Mass Casualty Commission in Nova Scotia as a case study, this paper proposes procedural changes that could enhance the role of the public in future inquiries to lead to transformative and beneficial policy change.

Stand-Ins: Causes And Consequences Of Temporary Leadership, Anne Joseph O’Connell

BYU Law Review

Hafen Lecture, BYU Law School, September 13, 2023.

The Lymphedema Treatment Act: Past, Present, And Future, Candace Alexander, Leigh Ann Foster, Susan Gordon, Runzun Shetye

Oncology Rehabilitation in Practice

No abstract provided.

Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence

Maine Law Review

Moral and ethical dilemmas are inherent in the legislative process. Representative democracy raises a fundamental ethical conflict for lawmakers: choosing between representing constituent views or following personal convictions. Recent moral crises of elected officials have demonstrated the complex, diverse, and problematic nature of political ethics, yet the belief that these guardians of the public trust must successfully distinguish among the subtle distinctions of political ethics remains an integral tenet of American political thought. One of the most perplexing moral dilemmas a legislator faces is deciding what degree of influence can be exerted on an administrative agency to obtain a result …