Journal of Legislation

http://scholarship.law.nd.edu/jleg/

List of Papers (Total 440)

Guaranteeing the Right to Vote for Twenty-First Century America

By Brandon Haase, Published on 04/06/17

Systemic Governmental Recalcitrance in Regulating Confidentiality Under the Child Abuse, Prevention & Treatment Act (CAPTA): A Case Study

In 2003, Congress amended the Child Abuse, Prevention and Treatment Act (CAPTA) to provide states with more flexibility in designing open child dependency hearings. The Federal Children’s Bureau has interpreted those amendments as a congressional waiver of CAPTA confidentiality in open court proceedings, and there-fore, currently tens of millions of abused and neglected children...

A Structural Etiology of the U.S. Constitution

This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative...

Solving the Information Security & Privacy Crisis by Expanding the Scope of Top Management Personal Liability

While information security and privacy losses are now spiraling out of control, and have been demonstrably shown to threaten national sovereignty, military superiority, industrial infrastructure order, national economic competitiveness, the solvency of major businesses, faith and trust in the Internet as a platform for modern commerce, as well as political stability, the U.S...

From the Great Depression to the Great Recession: On the Failure of Regulation in the Mortgage Market

People tend to attribute the outbreak of the 2008 financial crisis to deregulation. This article challenges this view and presents a unique perspective of the crisis as in fact rooted in the way the residential mortgage market is regulated. Focusing on non-recourse mortgage legislation, which is a unique feature of the US mortgage market dating back to the period following the...

A Fourth Amendment Framework for the Free Exercise Clause

By Adam Lamparello, Published on 05/27/16

U.S. Biological Quarantine: A Look at the Legal Framework

Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.