Legislation Commons^™

S23rs Sgb No. 11 (Codifying So Points), Elizabeth Laurent, Chelsea Chisolm, Gabby Fontenot, Paradise Kellem, Lailah Williams

Student Senate Enrolled Legislation

To amend Title II, Chapter 1, Section 7 of the Student Government Code

Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler

Indiana Law Journal

Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …

Bailing On Cash Bail: A Proposal To Restore Indigent Defendants’ Right To Due Process And Innocence Until Proven Guilty, Cydney Clark

Washington and Lee Journal of Civil Rights and Social Justice

The practice of cash bail in the United States is changing. For the past few decades, the cash bail system is abandoning pretrial release and shifting the burden to the defendant thereby abandoning innocence until proven guilty. Bail hearings are increasingly less individualized and discriminatory because of risk assessment tools and judicial discretion without requiring justification, leading to indigent defendants facing unprecedented detainment solely for not being able to afford bail, and thus, violating due process of law. This Note focuses on two 2021 decisions: the California Supreme Court’s decision in In re Humphrey, ruling to partially maintain cash bail, …

Removing White Hoods From The Blue Line: A Legislative Solution To White Supremacy In Law Enforcement, Hope Elizabeth Barnes

Washington and Lee Journal of Civil Rights and Social Justice

On May 25, 2020, George Floyd took his final breaths. His death at the hands of multiple Minneapolis police officers was recorded by witnesses and viewed by millions. The public response to Floyd’s death was immediate and powerful. Americans were demanding change on a greater scale than ever before. The problem with policing is not Derek Chauvin, or the Minneapolis Police Department, but rather with the very institution. White supremacy is alive and well in American policing. This Note begins by examining the historic connection between white supremacist groups and law enforcement agencies. This Note then evaluates existing standards of …

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Law Faculty Publications

One of the most momentous actions taken by the United States Supreme Court in the last term was not deciding a case but granting review at the end of the term in Moore v. Harper, the North Carolina congressional redistricting case. This is the case in which the Supreme Court appears likely to adopt some version of the Independent State Legislature Doctrine (Doctrine). In this essay, I will describe the actual case and the Doctrine. But I will also be offering an alternative to the Doctrine, one that I believe achieves some of the goals that the Justices who …

If We Build It, Will They Legislate? Empirically Testing The Potential Of The Nondelegation Doctrine To Curb Congressional "Abdication", Daniel E. Walters, Elliott Ash

Faculty Scholarship

A widely held view for why the Supreme Court would be right to revive the nondelegation doctrine is that Congress has perverse incentives to abdicate its legislative role and evade accountability through the use of delegations, either expressly delineated or implied through statutory imprecision, and that enforcement of the nondelegation doctrine would correct for those incentives. We call this the Field of Dreams Theory—if we build the nondelegation doctrine, Congress will legislate. Unlike originalist arguments for the revival of the nondelegation doctrine, this theory has widespread appeal and is instrumental to the Court’s project of gaining popular acceptance of a …

Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino

Undergraduate Honors Thesis Projects

This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …

Arbitration And Federal Reform: Recalibrating The Separation Of Powers Between Congress And The Court, Larry J. Pittman

Washington and Lee Law Review

In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act (“FAA”) as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts’ caseloads, co-opted the FAA by disregarding Congress’s intent that the FAA be applicable only in federal courts. And in furtherance of its own Court-created “federal policy in favor of arbitration,” the Court created precedents that limit state regulation of arbitration agreements, including that states cannot exempt disputes from forced or mandatory arbitration agreements or otherwise regulate the …

Prosecuting The Mob: Using Rico To Create A Domestic Extremism Statute, Samuel D. Romano

Washington and Lee Law Review

In 2021, Secretary of Homeland Security Alejandro Mayorkas asserted that “[d]omestic violent extremism is the greatest terrorist-related threat” facing the United States. Although domestic extremism is often characterized as a lone wolf threat, it is frequently spurred on by white supremacist and neo-Nazi organizations that use the internet to radicalize their members and then avoid accountability by hiding behind constitutional protections—a strategy called “leaderless resistance.” This strategy results in devastating consequences. While the number of hate groups and hate crimes in the United States have risen to record highs, constitutional protections prevent domestic extremist organizations from being treated the same …

The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace, Shawn J. Lalman

Doctoral Dissertations and Master's Theses

This study provides a synopsis of the following topics: the prospective limiters levied on cyber-warfare by present–day international legislation; significant complexities and contentions brought up in the rendering & utilization of International Humanitarian Legislation against cyber-warfare; feasible repercussions of cyber-warfare on humanitarian causes. It is also to be contended and outlined in this research study that non–state actors can be held accountable for breaches of international humanitarian legislation committed using cyber–ordnance if sufficient resources and skill are made available. It details the factors that prosecutors and investigators must take into account when organizing investigations into major breaches of humanitarian legislation …

Should I Stay Or Should I Go: The Evolution Of Emergency Arbitration Procedure Within Private International Law, Katarina Resar Krasulova

Cardozo International & Comparative Law Review

The emergency arbitration procedure is widely and ever increasingly used by parties around the world. Because of that, the main question in the past decade has shifted from whether emergency arbitration will endure, to how it is that emergency proceedings became a fixture of international arbitration despite a body of academic literature that doubted its viability. Answering this question, this Article shows that the international arbitral rules have evolved in response to parties' demands and concerns, and this evolution contributed to the procedure's popularity. The Article then discusses how emergency arbitrators, legislators, and national courts devised solutions to problems relating …

The Charter School Network (Almost) No One Wants: Mobilizing Regulation And Litigation To Serve The Public Interest, Joni Hersch, Colton Cronin

Cardozo Law Review

Publicly funded, independently operated charter schools entered the public sector three decades ago with the promise of innovating public education to better serve students in underperforming schools. Despite limited evidence of improved educational outcomes, charter schools are now an established part of the education system, with around 7,800 charter schools serving more than seven percent of public, school students.

Although charter schools have long been associated with the controversial school choice movement, a recent entrant into the charter school arena has created new and urgent concerns. Hillsdale College, through its affiliate Barney Charter School Initiative, has been making escalating inroads …

The Long Shadow Of Inevitable Disclosure, Stacey Dogan, Felicity Slater

Faculty Scholarship

A growing body of evidence has highlighted the human and economic costs associated with contractual restrictions on employee mobility. News accounts describe abusive use of non-compete clauses to prevent low wage workers from seeking better options. Economists, meanwhile, have demonstrated that innovation and economic dynamism may suffer when employers can easily prevent their employees from changing jobs. While state legislatures have attempted to address these concerns by restricting employers' use of non-compete agreements, the Federal Trade Commission recently announced a plan to prohibit them altogether. As policymakers focus attention on contractual limits on employment mobility, however, a more insidious threat …

U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.

Peraturan Kraton Yogyakarta Yang Tak Lagi Jadul (Suatu Analisis Terhadap Pembaharuan Teknik, Format Dan Muatan Dawuh Dalem Di Kraton Yogyakarta), Rozi Beni

Jurnal Hukum & Pembangunan

In the midst of the rapid development of the conception and implementation of a modern and democratic government structure, the Ngayogyakarta Hadiningrat Sultanate was able to preserve its customary laws, including regarding governance and government structure in a monarchical system regulated in the Kraton's statutory regulations. Customary law, such as Dawuh Dalem, is often considered ancient, out of date, only important for legal historians, and other skeptical views. However, in reality, customary law is still alive with various reforms. In this normative research, we discuss the renewal of the internal statutory regulations of the Yogyakarta Palace, called Dawuh Dalem. The …

The Case For An Open Bar: Why The Supreme Court Must Establish A Public Bar Membership Roll, Harry William Baumgarten

Journal of Legislation

No abstract provided.

Table Of Contents And Masthead

Journal of Legislation

No abstract provided.

Backlash: After 40 Years Of Tort Reform Noise, Let's Change The Tone, Undo The Harm, And Correct The Big Lie, Andrew F. Popper

Journal of Legislation

No abstract provided.

Covid-19 Hate Crimes: Why Hate Is Rising, And What The United States Can Do About It, Dillon B. Yang

Journal of Legislation

No abstract provided.

Panicked Legislation, Catherine L. Carpenter

Journal of Legislation

No abstract provided.