Archives: Civil Justice / Model Policies
Archives: Civil Justice / Model Policies
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Overtime Exceptions and Class Actions Prohibition Act
Section 1. (A) (A)(1) Except as provided in divisions (B) and (C) of this section, an employer is not required to pay the overtime wage rate under section ______…
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Independent Administrative Law Judges Act
Whereas, due process of law, which is fundamental to ordered liberty in all dealings with the government, requires fair, unbiased, and independent adjudicators; and Whereas, unbiased and independent hearings and…
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Democratic Accountability in Board Appointments Act
Whereas, much like the controversial Missouri Plan for judicial appointments, some states require their governor to select new members of occupational boards and commissions from a list of candidates provided…
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Anchors Away Act
Model Policy In the trial of any civil tort action, no party or counsel for a party shall seek or make reference to a specific dollar amount or state a…
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Targeted Legislative Review Act
Policy Whereas, administrative agencies with insufficient democratic controls do more than fill in tiny gaps left by the legislature in regulatory schemes, but instead, often write detailed rules with the…
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Accountability in Rule Making Act
Model Policy Section 1. (a) The adoption or amendment of any rule or rules package by any state agency shall be subject to the approval of the governor. (b) No…
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Emergency Power Limitation Act
Therefore, be it enacted: Section 1. Nothing in this act grants additional emergency powers to the governor or any other official. Section 2. State and local officials may issue nonbinding…
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LIABILITY PROTECTION FOR EMPLOYERS IN A DECLARED DISASTER OR PUBLIC EMERGENCY ACT
Section 1. As used in this act, the following words shall have the following meaning: (1) “Guidance” means written guidance related to a declared public emergency that is issued…
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Expedited Suspension and Legislative Repeal of Harmful Rules Act
Section 1. Nothing in this act grants any authority to the governor, a state agency, commission, board, or any other state actor to impose or increase regulatory burdens on, or…
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Judicial Deference Reform Act
Section 1. In interpreting a state statute, regulation, or other sub-regulatory document, a state court or an officer hearing an administrative action may not defer to a state agency’s…
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Whistleblower Immunity Act
Summary The purpose of this Act is to encourage the exposure of negligent health care providers. This Act limits liability for certain information and safeguards the confidentiality of individuals who…
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Resolution on Protective Orders
WHEREAS, proposals have been put forth in a number of state legislatures that would make it extremely difficult to maintain the confidentiality of sensitive information (e.g., trade…
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Statement of Principles on Philanthropic Freedom
Statement of Principles on Philanthropic Freedom Philanthropy exemplifies the American ideal of private action in the public interest, demonstrating our faith in the capacity of individual citizens not…
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Resolution in Opposition to Legislation Regulating Online Advocacy
WHEREAS, the First Amendment to the United States Constitution protects the right to the freedom of speech, press, assembly, and petition; WHEREAS, the First Amendment’s preservation of free speech, press,…
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Resolution Opposing Unfair Federal Consent Decrees
PURPOSE: To support policy ensuring that federal consent decrees are narrowly drafted, limited in duration, and respectful of state and local interests and policy judgments. WHEREAS, in…
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Resolution on Animal Liability and Guardianship
WHEREAS, individuals historically could not collect non-economic damages in animal litigation, and the existing legal and legislative framework that defines the relationship between livestock producers and their…
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Regulatory Class Action Reform Act
Summary Regulatory class actions—in which plaintiff attorneys seek not only to win large monetary awards, but also to regulate the marketplace and manage relations between regulated firms and consumers—empower private…
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Statement of Principles on Commercial Speech
ALEC recognizes that commercial speech promotes an open society by eliminating arbitrary burdens on speech and is essential for the free flow of information among consumers and private enterprise in…
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Reliability in Expert Testimony Standards Act
Section 1. {Short Title} This Act may be known and cited as the Reliability in Expert Testimony Standards Act. Section 2. {FRE 701: Opinion Testimony by Lay…
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Regulatory Compliance Congruity with Liability Act
Regulatory Compliance Congruity with Liability Act Summary State legislatures and Congress have charged certain government agencies with ensuring that products are…