Legislation Commons^™

Closing The Door On Housing Discrimination: Why Rhode Island Must Enact A Fair Chance In Housing Act, Jessica Galego

Roger Williams University Law Review

No abstract provided.

A Gap In The Cybertipline: Electronic Service Provider Liability And Child Safety, Brianna Evans-Sheehan

NYLS Law Review

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The online exploitation of children is a widespread problem that requires immediate action. This Note proposes that Congress …

A Preemptive Strike Against The Misinterpretation Of The 2023 Amendment To Federal Rule Of Evidence 702(D): The Importance Of Preserving The Requirement For A Showing That The Expert Has Properly Applied His Or Her Methodology, Edward J. Imwinkelried

Oklahoma Law Review

No abstract provided.

The Boundaries Of Law And Politics: Disputes Over Wisconsin's Maps For Political Districts Have A Long History, But The Last Few Years Have Brought Especially Intense Court Battles, John D. Johnson

Marquette Law Review

Wisconsin’s 2020 redistricting cycle was long, bitterly contested, and subject to dramatic reversals of fortune. Yet perhaps the most unusual feature of the whole process was how it ended in 2024: with a legislative redistricting plan passed by Republican legislators and signed by a Democratic Governor. Redistricting of the Wisconsin Legislature by divided political branches had occurred only three times prior in state history—in 1852, 1856, and 1971.

Redistricting may once have seemed a matter primarily of interest to political insiders. But the boundaries of legislative districts have great impact on politics and power, as the events of the last …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

The Rise Of Biometrics And The Erosion Of Privacy: A Case Study Of Biometric Systems In Amusement Parks, Sarah A. Yarger

Honors Undergraduate Theses

This thesis explores data privacy concerns surrounding the implementation of facial recognition technology using amusement and theme parks as a case study. With the lack of general federal guidelines, states have been left to address this rapid expansion of technology. This situation has left consumers with inconsistent protections and varied levels of liability for corporations. This thesis will explore the current gaps of legislation on legal use of facial recognition technology using amusement and theme parks as the context of focus. As this technology continues to advance and become normalized in society, the inconsistency in privacy protections amongst states suggests …

Covid And The Great Retrenchment, Samuel R. Bagenstos

Articles

The past six years have seen two dramatic shifts in federal health and benefits policy. First, during the COVID pandemic, the government dramatically expanded public benefits. These expansions had incredibly positive effects, and recipients were largely satisfied with them. But after a relatively short time, Congress rolled back nearly all of the expansion. Worse, the immediate pullback set the stage for even more significant retrenchments in the second Trump Administration. Where in 2023 the United States came closest to universal health care in its history—with a record low uninsured rate of 7.7%—the Trump Administration’s Medicaid cuts and failure to extend …

Room To Breathe: The Surprising Capaciousness Of Osh Act Preemption, Michael C. Duff

All Faculty Scholarship

This essay is part of a Saint Louis University Law Journal seminar, conducted by the Wefel Center for Employment Law, titled "Shifting Workplace Law in an Era of Federal Vacuums: Business as Usual or Polycrisis?" The symposium presumed that the federal government would be scaling back workforce regulatory enforcement dramatically in the shadow of DOGE and several other developments. The essay focuses on OSHA and more narrowly questions the extent to which the OSH Act preempts state and local efforts to regulate workplace safety and health. The essay shows that unless OSHA promulgates a full-blown “standard” – a tedious form …

Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma

Fordham Law Review

Disgorgement is the U.S. Securities and Exchange Commission’s (SEC) most powerful enforcement tool and among its most controversial. For decades, federal courts treated disgorgement in securities enforcement actions as an equitable remedy, a view that the U.S. Supreme Court confirmed in Liu v. SEC. Months after Liu, Congress passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which codified disgorgement in SEC enforcement actions. The codification of disgorgement sparked a circuit split between the U.S. Courts of Appeals for the Fifth and Second Circuits over whether Congress created a new statutory form of …

Procedural Apartheid? How Racial Harassment Cases And Their Proponents Are Subject To Separate And Unequal Due Process, Suzette M. Malveaux

Scholarly Articles

This article makes three unique contributions. First, it introduces the theoretical framework and coins the term “procedural apartheid.” Simply put, when race is invoked as the basis for misconduct, procedural protection is meted out inequitably, often to the detriment of people of color. This phenomenon is situated in the law’s larger project to preference colorblindness over race-conscious ameliorative efforts. The article invites the reader to broadly consider where separate and unequal proceduralism exists because of the centrality of race. This article deploys the term “apartheid”—not literally, but strategically—to highlight the systemic legal and racial nature of this hierarchical divide.

Second, …

Preserving Platform Innovation With A Narrow Exception: Section 230(C)(1) Immunity For Algorithmic Recommendations, John "Jack" Di Masi

American University Business Law Review

This Comment examines Section 230(c)(1)’s immunity for online platforms that use machine-learning algorithms to recommend third party content and proposes a narrow exception for truly “bad-actor” cases. It reviews Section 230’s text, as well as its early cases, showing that Congress intended broad protection for editorial functions such as content organization. It then traces how recommendation algorithms evolved and how courts treat algorithmic sorting as a neutral tool. This Comment addresses conflicting interpretations and defends broad immunity for routine curation. This Comment argues that immunity should be stripped only after a balancing test under a three-factor “bad-actor” framework—one that evaluates …

The Growing Divide: The Video Privacy Protection Act’S Inconsistent Subscriber Standard And The Need For Reform, Andrea Pacheco

American University Business Law Review

The Video Privacy Protection Act of 1988 (“VPPA”) has been brought into the twenty-first century due to a series of class action lawsuits surrounding consumer privacy rights in an increasingly digital world. A circuit split has emerged among the federal appellate courts on the meaning of the word “subscriber” under the VPPA and whether the statute’s protections should extend to casual users of goods and services provided by videotape service providers. The outcome of this debate carries significant implications for consumer privacy and business compliance obligations due to the escalation of business practices involving the collection of consumer data and …

Examining Reproductive Equity In The Post-Roe United States, Yali Pang, Anna Grace Causey, Nakeina E. Douglas-Glenn, Research Institute For Social Equity Rise

Research Institute for Social Equity

Four years after the U.S. Supreme Court overturned Roe v. Wade, state-level variation in reproductive rights policy is associated with substantial geographic inequities in access to abortion and reproductive health care across the United States. The adoption of restrictive or protective reproductive rights policies is closely tied to legislative control, underscoring the political drivers of reproductive inequity. The evidence suggests that advancing reproductive equity will require coordinated national, state, and local response to strengthen healthcare infrastructure, reduce economic barriers, and establish durable legislative protections for reproductive rights.

Board Of Registered Nursing, Sydney Verga, Katie Gonzalez, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Implementasi Land Freezing Di Kabupaten Kutai Kartanegara Dan Penajam Paser Utara: Antara Pengendalian Pertanahan Dan Pelindungan Hak Keperdataan, Anggita Mustika Dewi, Destriananda Safa Aina, Ananda Mulia Putri Maharani

Jurnal Hukum & Pembangunan

To prevent land speculation by land mafias in the Nusantara Capital City (IKN), the government introduced a land-freezing policy aimed at restricting the transfer of land rights within the IKN area. However, in practice, this policy has been alleged to hinder land registration processes and undermine civil rights of communities within the IKN delineation zone. This study seeks to examine the regulatory framework, implementation, and impacts of the land-freezing policy on land registration and the civil rights of affected communities. Employing an empirical normative legal research method with a statute approach, this research finds that the land-freezing policy has not …

When Convenience Compromises Rights: How The European Union And Washington State Confront Facial Recognition Risks, Debora Rodriguez Lugo

FIU Law Review

As facial recognition technology (FRT) becomes increasingly embedded in policing, concerns and controversies over the lack of consent, misidentification, and mass surveillance grow. This Comment compares how the European Union (EU) and Washington State (Washington) regulate law enforcement’s use of FRT to mitigate risks to individual rights. The EU governs FRT use through a robust legal framework, including the General Data Protection Regulation (GDPR), the Law Enforcement Directive (LED), and the Artificial Intelligence Act (AI Act), which offer protections against these risks. In contrast, Washington’s pioneering statute, Wash. Rev. Code section 43.386, promotes transparency and limits the use of FRT. …

Zmiany W Przepisach Dyrektywy Mcd – Postulaty De Lege Ferenda W Zakresie Ochrony Konsumenta-Kredytobiorcy Hipotecznego, Piotr Gałązka, Weronika Tołściuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The object of this article is to assess the functioning thus far of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on consumer credit agreements relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (Mortgage Credit Directive, MCD) in the mortgage market in the European Union, in light of calls for consumer protection of mortgage credit services made by representatives of consumer organisations, lenders, supervisors of financial market institutions, and EU institutions. The Directive has generally led to an increase in the level of consumer protection acting …

A Soldierly March Towards Freedom: Treading Through The Great Climate War On The Arms Of Amendments And Fiduciary Duty, Karina Zakarian

Villanova Law Review (1956 - )

No abstract provided.

Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton

Villanova Law Review (1956 - )

No abstract provided.

Disregarding Severability, Kevin C. Walsh

Catholic University Law Review

The infirmities of severability doctrine have elicited increased attention at the Supreme Court. In his application of severability doctrine for a five-Justice majority in United States v. Arthrex, Inc., Chief Justice Roberts began to reformulate the doctrine in a way that can free the Court from the misleading mental imagery conjured by the conception of courts as “severing” provisions from a statute. Roberts's reformulation more properly depicts the relevant judicial activity to be judicial disregard of statutory rules to avoid unconstitutional applications of law rather than judicial severance of textual provisions to fix a problem that inheres in the …