Journal of Legislation

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

List of Papers (Total 277)

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 no ...

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 ...

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.

When Lenders Can Legally Provide Loans with Effective Annual Interest Rates Above 1,000 Percent, Is it Time for Congress to Consider a Federal Interest Cap on Consumer Loans?

The question of whether interest rates should be regulated for the good of society has been debated by secular and religious authorities for millennia. Restrictions on the highest rate of interest allowed by law (if any) are generally set by the states. In the U.S., whether citizens are protected against unreasonably high interest rates is generally a matter for state legislatures ...

The Uniform Act on Prevention Of And Remedies For Human Trafficking: State Law and The National Response To Labor Trafficking

Human trafficking* is one of the most lucrative criminal enterprises in the world, with illicit profits rivaling those of the global drug and arms trades. A 2014 survey by the International Labour Organization estimated that revenue from human trafficking grosses as much as $150 billion annually.Yet, unlike with drugs and weapons, the minimal cost of “purchasing” a human ...

Open Face: Striking the Balance Between Privacy and Security With The FBI's Next Generation Identification System

Privacy in the United States has never been an explicit general right for every citizen.I Federal grants of privacy protection exist for specific instances or areas, but generally have been left to the province of the States.2 Some states, but not all, have general privacy laws granting citizens privacy rights beyond the scope of con- tent-specific legislation.3 Thus, the privacy ...

Holding Banks Liable Under The Anti-Terrorism Act For Providing Financial Services To Terrorists: An Ineffective Legal Remedy In Need Of Reform

Anti-terrorism Act (“ATA”), 18 U.S.C. § 2333(a), provides a private right of action for any United States national injured by an act of international terrorism.1 The purpose of the statute is to deter acts of terrorism by punishing terrorists and their financial supporters “where it hurts them most: at their lifeline, their funds.”2 However, the threat of a large civil monetary ...

Remembering the Lessons of 9/11: Preserving Tools and Authorities in the Fight Against Terrorism

As Chairman of the Subcommittee on Counterterrorism and Intelligence, a Member of the House Permanent Select Committee on Intelligence, and a Con- gressman from New York, 9/11 was a very personal experience that continues to resonate with me. I lost over 150 neighbors, friends and constituents on September 11th, but no one has a monopoly on grief. This issue went to the soul of the ...

A Return To Rehabilitation: Mandatory Minimum Sentencing in an Era Of Mass Incaraceration

In 2013 Senators Richard Durbin (D-IL), Patrick Leahy (D-VT), and Mike Lee (R-UT) introduced the Smarter Sentencing Act to decrease mandatory minimum sentences for federal drug crimes and enlarge the existing safety valve for federal drug offenses.1 The Smarter Sentencing Act reduces the statutory minimum sentence of specific federal drug offenses and permits judges to deviate from ...

Diazepam Discord: A Competent Minor's Constitutional Right to Seek and Refuse Psychotropic Medication

Our legal system values independence, individualism, and personal choice, but we have been slow to cultivate these values in the arena of children's rights. Too much of the focus has been on efficiency: arbitrary cut-off ages provide a simple means for ascertaining a person's competence to exer- cise rights, but they are not always an accurate means to such an end. Spe- cifically, ...