Legislation Commons^™

Cle Working Paper No.2/2021--Defending Nature Against Rodenticides, Marie Turcott

Centre for Law and the Environment

Anticoagulant rodenticides (i.e., rat poisons) are highly toxic compounds that have been recognized for decades to have devastating effects on wildlife species and the wider ecosystem. In this paper, I argue that the continued use of anticoagulant rodenticides is entirely inconsistent with the provincial and federal governments' obligations to citizens and the environment under their respective pesticide legislation, and that the governments' failure to fulfill these obligations is due in part to the refusal to acknowledge rights of nature. I provide an overview of the current statutory and regulatory framework for pesticides in Canada and examine the practical effects of …

Establishing A Conditional Driver's Permit In Texas, Texas A&M University School Of Law Community Development Clinic, Madeline Marguerite Byers, Olivia Countryman, Taylor Garner, Crystal Hernandez, Luz E. Herrera, Lisa Mares

Legal Clinics

This report recommends expanding access to state-issued driver permits for Texans who are unable to obtain a driver license due to state requirements imposed pursuant to federal law. Many Texans, especially some of our most vulnerable residents, have difficulty meeting heightened identification requirements under federal law, and consequently drive without state authorization and auto insurance. This report also highlights the benefits of establishing a new driver’s permit and why it should be accessible by Texans who are natural disaster victims, experiencing homelessness, family violence survivors, and immigrants with no lawful status, a complicated immigration status, or in the process of …

Criminal Law—An Analysis Of The Scope Of Unlicensed Concealed Carry Of A Firearm In Arkansas Pursuant To Arkansas Code Annotated Section 5-73-120 As Amended By Act 746 Of 2013., Hannah Webb Howard

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Ballot Initiatives And Direct Democracy—Amendment 100 To The Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives And Local Legislation, Michael Stiritz

University of Arkansas at Little Rock Law Review

No abstract provided.

Issues Surrounding The South China Sea Dispute, Motoyasu Nozawa

Japanese Society and Culture

On 12 July 2016, the decision of the South China Sea Arbitration1 (The Republic of the Philippines against the People’s Republic of China) by a tribunal created under Annex Ⅻ to the United Nations Convention on the Law of the Sea was a near-complete victory for the Philippines. This arbitration concerned the role of historic rights and the source of maritime entitlements in the South China Sea, the status of certain maritime features and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China that were alleged by the Philippines to violate the Convention. …

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and conservative …

The Lost Promise Of Disability Rights, Claire Raj

Michigan Law Review

Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504).

Courts too often overlook the affirmative obligations contained in these two disability rights …

The Forum-Defendant Rule, The Mischief Rule, And Snap Removal, Howard M. Wasserman

William & Mary Law Review Online

Samuel Bray’s The Mischief Rule reconceptualizes and revitalizes that venerable canon of statutory interpretation. Bray’s new approach to the mischief rule offers a textual solution to an ongoing civil procedure puzzle—forum defendants and “snap removal.” The forum-defendant rule provides that a diversity case is not removable from state to federal court when a properly joined and served defendant is a citizen of the forum state. Snap removal occurs whena defendant removes before the forum defendant has been properly served, “snapping” the case into federal court. Three courts of appeals and a majority of district courts have endorsed this practice, concluding …

Punishing Bar Exam Policies On Menstrual Products Must Go, Elizabeth B. Cooper, Margaret E. Johnson, Marcy L. Karin

Menstrual Policies and the Bar

No abstract provided.

Could Changes To The Endangered Species Act Actually Threaten Species?, Manuel L. Colon Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Is New York's Market-To-Market Act Unconstitutionally Retroactive?, Reuven S. Avi-Yonah, David Gamage, Darien Shanske, Kirk J. Stark

Articles

In this installment of Academic Perspectives on SALT, the authors argue that if New York’s proposed Billionaire Mark-to-Market Tax Act is enacted, it should be upheld against any constitutional challenge based on retroactivity.

Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Saving Seabiscuit: An Argument For The Establishment Of A Federal Equine Sports Commission, Celso Lucas Leite,Jr.

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld

Michigan Business & Entrepreneurial Law Review

Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor can continue foreclosure proceedings, which …

A Historical Analysis Of The Investment Company Act Of 1940, Michael B. Weiner

Michigan Business & Entrepreneurial Law Review

More than 100 million Americans invest $25 trillion in mutual funds and exchange-traded funds (collectively, “funds”) regulated by the Investment Company Act of 1940 (the “Act”), making funds the predominant investment vehicle in the United States. Everyday investors rely on funds to save for retirement, pay for college, and seek financial security. In this way, funds demonstrate how “Wall Street” can connect with “Main Street” to improve people’s lives.

By way of background, funds are created by investment advisers (“advisers”) that provide investment advisory (e.g., stock selection) and other services to their funds in exchange for a fee. …

Criminal Record Relief For Human Trafficking Survivors: Analysis Of Current State Statutes And The Need For A Federal Model Statute, Ashleigh Pelto

Michigan Journal of Gender & Law

This Note defines criminal record relief and analyzes the effectiveness of three state criminal record relief statutes at protecting trafficking survivors. This analysis is based on State Report Cards: Grading Criminal Record Relief Laws for Survivors of Human Trafficking by Polaris, a leading human trafficking nonprofit. It next discusses the absence of federal criminal record relief and how a statute at the federal level could provide relief for survivors with federal convictions while simultaneously providing a model for states to ensure their statutes incorporate best practices for record relief moving forward. This Note then discusses how Polaris’s report stops short …

The Stability Paradox: The Two-Parent Paradigm And The Perpetuation Of Violence Against Women In Termination Of Parental Rights And Custody Cases, Judith Lewis

Michigan Journal of Gender & Law

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable.

This Article …

Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom

Michigan Journal of Race and Law

This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.

California V. Texas: The Role Of Congressional Procedure In Severability Doctrine, Mary Leto Pareja

Faculty Scholarship

The United States Supreme Court is once again considering a case that challenges the constitutionality of the Affordable Care Act (“ACA”). In this round of litigation, plaintiffs argue that because Congress lowered the individual mandate tax penalty to zero in the 2017 Tax Act that makes the individual mandate itself unconstitutional and that, furthermore, the individual mandate cannot be severed from the rest of the ACA. The District Court agreed with the plaintiffs and struck down the entire ACA, and the Supreme Court granted cert to hear this momentous question. A decision is expected by summer of 2021.

The ACA …