Public Law and Legal Theory Commons^™

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Tax Treaties, The Constitution, And The Noncompulsory Payment Rule, Reuven S. Avi-Yonah

Law & Economics Working Papers

US Tax treaties have been regarded as self-executing since the first treaty (with France) was ratified in 1932. Rebecca Kysar has argued this raises a doubt on whether the treaties are constitutional, because tax treaties (like other treaties) are negotiated by the executive branch and ratified by the Senate with no involvement by the House, and all tax-raising measures must originate in the House under the Origination Clause (U.S. Const. Art I, section 7, clause 7). Her preferred solution is to make tax treaties non-self executing, but that would reverse the universal practice since 1932, and is therefore unlikely. Moreover, …

Reforming Michigan Vehicle Direct Sales Laws, Daniel A. Crane

Law & Economics Working Papers

Michigan stands at a crossroads with respect to the way that electrical vehicles (“EVs”) are sold and serviced. For many decades, Michigan—like many other states—mandated that cars could be sold and serviced only through independent, franchised dealers and prohibited car manufacturers from selling or servicing directly. Historically, those laws were put in place to protect dealers from the superior bargaining power, and sometimes unfair practices, of the Big Three car companies—General Motors (“GM”), Ford, and Chrysler. With the advent of EV technology, it became clear that these decades-old restrictions on direct sales and servicing needed to be reconsidered. Tesla, the …

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 …

Fiduciary Law And The Law Of Public Office, Ethan J. Leib, Andrew Kent

William & Mary Law Review

A law of public office crystallized in Anglo-American law in the seventeenth and eighteenth centuries. This body of law—defined and enforced through a mix of oaths, statutes, criminal and civil case law, impeachments, and legislative investigations—imposed core duties on holders of public executive offices: officials needed to serve the public good, not their own private interests; were barred from acting ultra vires; could often be required to account to the public for their conduct in office; and needed to act with impartiality, honesty, and diligence. Officeholding came to be viewed as conditional, with officers removable for misdeeds. These substantive duties …

The Aggravating Duty Of Non-Aggravation, Steven R. Ratner

Articles

International law's duty of non-aggravation requires states to avoid actions that might inflame an international dispute, both to maintain international peace and to preserve the effectiveness of judicial or arbitral proceedings. Yet parties on the receiving end of calls for non-aggravation --whether from the Security Council or at tribunal -- have little idea of what conduct they are expected to avoid. This state of affairs is most unfortunate in light of the centrality of this norm to the peaceful resolution of disputes and, in particular, examples of seemingly provocative and aggravating acts in recent years. This article attempts to give …

On Trust: The U.N. Security Council As Fiduciary, Devika Hovell

William & Mary Law Review

Perceived failures by the U.N. Security Council have been characterized as “betrayals of trust,” which threaten to impact the strength of the Council’s authority. In certain legal cultures, fiduciary law has been recognized as an effective legal mechanism to underwrite trust in the exercise of authority. This Article considers the potential value in applying the fiduciary construct to the Security Council setting as a way to consolidate trust. In doing so, it is necessary to unpack two different conceptions of the fiduciary construct: the precept of law (derived from domestic private law) and the precept of authority (sometimes described as …

Fiscal Decentralization In Egypt: Nature, Obstacles And Solutions, Mohamed Ibrahim El Shafei

UAEU Law Journal

The objective of this study is to analyse the features and the evolution of the fiscal decentralization in Egypt so as to reveal its obstacles and to suggest some solutions for tackling these problems. This research is divided into two sections. The first section indicates the economic & fiscal framework and the determinants of the fiscal decentralization. The second section identifies a detailed vision about the evolution of the decentralized budget in Egypt during the years 2005-2009. We conclude the main problems of the fiscal decentralization and proposes certain solutions for them.

Medical Board Of California, Ellen Williams, Jonathan Padua, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Kirstin Jensvold-Rumage, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, Juan M. Villalvazo, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Madison Orcutt, Rachel Rockwell, Tristan Stidham, R.C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Financial Protection And Innovation, Stephanie Mendivil, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Kendra J. Muller, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Masthead

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Jordan Bourque, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Jennifer Wilcyznski, Hannah Ohman, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Contractors State License Board, Sabrina Barr, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Madison Beck, R.C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.