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Proposition 20: Redistricting Of Congressional Districts. Initiative Constitutional Amendment., Matt Vance, Steve Kelly 2010 University of the Pacific, McGeorge School of Law

Proposition 20: Redistricting Of Congressional Districts. Initiative Constitutional Amendment., Matt Vance, Steve Kelly

California Initiative Review (CIR)

No abstract provided.


Proposition 21: Establishes $18 Annual Vehicle License Surcharge To Help Fund State Parks And Wildlife Programs And Grants Free Admission To All State Parks To Surcharged Vehicles. Initiative Statute., Sarah Chesteen, Christine D. Harlan 2010 University of the Pacific, McGeorge School of Law

Proposition 21: Establishes $18 Annual Vehicle License Surcharge To Help Fund State Parks And Wildlife Programs And Grants Free Admission To All State Parks To Surcharged Vehicles. Initiative Statute., Sarah Chesteen, Christine D. Harlan

California Initiative Review (CIR)

No abstract provided.


Proposition 22: Prohibits The State From Borrowing Or Taking Funds Used For Transportation, Redevelopment, Or Local Government Projects And Services. Initiative Constitutional Amendment., Amanda L. Allen, Johanna E. Michael 2010 University of the Pacific, McGeorge School of Law

Proposition 22: Prohibits The State From Borrowing Or Taking Funds Used For Transportation, Redevelopment, Or Local Government Projects And Services. Initiative Constitutional Amendment., Amanda L. Allen, Johanna E. Michael

California Initiative Review (CIR)

No abstract provided.


Proposition 24: Repeal Corporate Tax Loopholes Act. Initiative Statute., Marla A. Kurtz, Mallory Lass 2010 University of the Pacific, McGeorge School of Law

Proposition 24: Repeal Corporate Tax Loopholes Act. Initiative Statute., Marla A. Kurtz, Mallory Lass

California Initiative Review (CIR)

No abstract provided.


Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper 2010 University of Richmond

Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper

Richmond Public Interest Law Review

This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.


Constitutional Dialogue In A Republic Of Statutes, Glen Staszewski 2010 Michigan State University College of Law

Constitutional Dialogue In A Republic Of Statutes, Glen Staszewski

Faculty Publications

No abstract provided.


Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris 2010 Oklahoma City University School of Law

Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris

Washington University Law Review

In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many health care and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly tailored proposals to amend the statute. This occurs because of the widely held view that reform should leave undisturbed the underlying core of the statute. This Article develops a theory of ERISA designed to illustrate the unavoidable need for structural reform.


Closing The Legislative Experience Gap: How A Legislative Law Clerk Program Will Benefit The Legal Profession And Congress, Dakota S. Rudesill 2010 Georgetown University Law Center

Closing The Legislative Experience Gap: How A Legislative Law Clerk Program Will Benefit The Legal Profession And Congress, Dakota S. Rudesill

Washington University Law Review

In this gloomy hiring season there is at least one increasingly bright spark, one that may light the way to a new kind of apprenticeship experience for future participants in the highly competitive national clerkship market. Pending in the U.S. Senate is House Bill 151, and its Senate companion, Senate Bill 27, that would for the first time create a law clerk program in the U.S. Congress analogous to other legal apprenticeship opportunities. Prospects for the program are encouraging, thanks to the House’s overwhelming 381–42 vote in March 2009.

I argue that closing the legislative experience ...


The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen 2010 Liberty University

The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen

Rena M Lindevaldsen

The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that ...


Proposition 25: The On-Time Budget Act Of 2010 Initiative Constitutional Amendment, Marcus Arneson, John Powell 2010 University of the Pacific, McGeorge School of Law

Proposition 25: The On-Time Budget Act Of 2010 Initiative Constitutional Amendment, Marcus Arneson, John Powell

California Initiative Review (CIR)

No abstract provided.


Proposition 23: Suspension Of Global Warming Until Unemployment Drops Initiative Statute., Leila Z. Mironova, Bindhu J. Varghese 2010 University of the Pacific, McGeorge School of Law

Proposition 23: Suspension Of Global Warming Until Unemployment Drops Initiative Statute., Leila Z. Mironova, Bindhu J. Varghese

California Initiative Review (CIR)

No abstract provided.


Proposition 27: Elimination Of The Citizens Redistricting Commission. Changes To The Redistricting Process In California. Initiative Constitutional Amendment And Statute., Anna Buck, Christina Johnson 2010 University of the Pacific, McGeorge School of Law

Proposition 27: Elimination Of The Citizens Redistricting Commission. Changes To The Redistricting Process In California. Initiative Constitutional Amendment And Statute., Anna Buck, Christina Johnson

California Initiative Review (CIR)

No abstract provided.


Proposition 19:Regulate, Control And Tax Cannabis Act Of 2010. Initiative Statute., Kori Hilton, Katherine Oldham 2010 University of the Pacific, McGeorge School of Law

Proposition 19:Regulate, Control And Tax Cannabis Act Of 2010. Initiative Statute., Kori Hilton, Katherine Oldham

California Initiative Review (CIR)

No abstract provided.


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb 2010 University of Richmond

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Public Interest Law Review

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health ...


Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio 2010 University of Richmond

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio

Richmond Public Interest Law Review

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access ...


Joint Legislative Audit Committee: 2009-10 End Of Session Report, Joint Legislative Audit Committee 2010 Golden Gate University School of Law

Joint Legislative Audit Committee: 2009-10 End Of Session Report, Joint Legislative Audit Committee

California Joint Committees

Assemblymember Alyson L. Huber, Chair
Senator Roy Ashburn, Vice Chair

Assembly Members:
Joe Coto
Chuck De Yore
Noreen Evans
Curt Hagman
Bill Monning
Chris Norby

Senate Members:
Elaine Alquist
Dave Cogdill
Denise Ducheny
Robert Dutton
Alex Padilla
Lois Wolk


Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals, Steve Johnson 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals, Steve Johnson

UNLV Gaming Law Journal

In their search for new sources of revenue, states have legalized and sought to tax many kinds of gaming. Forty-eight of the fifty states of the United States permit one or more types of legal gaming. An important technique in casino and some other types of gaming is giving “comps” – complimentary goods or services – to player-customers. A frequent type of comp is free meals on the casino premises or elsewhere. Gaming establishments also often give free meals to their employees.

Comps have been controversial for federal income tax purposes. A recent Nevada case, Sparks Nugget, and related cases illustrate that ...


Covenants Not To Compete In Nevada: A Proposal, Elham Roohani 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Covenants Not To Compete In Nevada: A Proposal, Elham Roohani

Nevada Law Journal

This Note offers a balanced standard for Nevada's restrictive covenant laws in the employment context. First, Part I defines “covenants not to compete” and explains how they have developed. Second, Part II examines other states' treatment of restrictive covenants in the employment context. Third, part III proposes a solution for Nevada that balances tensions between employers and employees in light of Nevada's unique workforce and economic makeup. By discussing Nevada's specific considerations, this Note aims to guide Nevada's legislators when discussing and adopting new laws respecting covenants not to compete.


Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox 2010 University of Dayton School of Law

Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox

Indiana Law Journal

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.

Federal courts' understanding of the ...


Legal Transitions And The Problem Of Reliance, David M. Hasen 2010 Santa Clara University School of Law

Legal Transitions And The Problem Of Reliance, David M. Hasen

Faculty Publications

This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the ...


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