Archives: Judiciary / Model Policies
Archives: Judiciary / Model Policies (page 4)
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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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Dignity For Incarcerated Women
SUMMARY: An ACT regarding the care of state incarcerated pregnant women, family visitation rights, the access male correctional officers have in correctional facilities where a female inmate may be in…
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An Act to Expand the Contours and Applicability of the Affirmative Defense of “Mistake of Law” In Criminal Cases
Summary: This model policy seeks to expand, in a subset of criminal cases (particularly nonviolent offenses), the applicability of a “mistake of law” defense beyond its current contours, which, in…
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AN ACT TO ESTABLISH THE CRIMINAL CODE RECODIFICATION COMMISSION
Summary: A model policy to address the counterintuitive codification of criminal offenses at the state level by establishing a recodification commission to assemble, and present to the legislature for amendment…
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An Act to End Regulatory Criminalization
Summary: An act to prohibit the creation of criminal offenses not subject to the strictures of bicameralism and presentment. SEC. 1 | DEFINITIONS 1. Regulatory “catchall” provision—A provision in…
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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…
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Quality Education and Teacher and Principal Protection Act
Section 1. {Title} This act may be known as the “Quality Education and Teacher and Principal Protection Act.” Section 2. {Legislative findings} The Legislature finds that ensuring the quality of…
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Resolution Protecting Online Platforms and Services
WHEREAS, the Internet has created millions of new American jobs and generated billions of dollars in revenue for American businesses; WHEREAS, online platforms enabled users to generate, upload, and share…
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Bail Agent Education and Licensing Act
Bail Agent Education and Licensing Act Summary This Act would establish a state bail bond regulatory board to monitor and license bail bondsmen. The Act would…
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Criminal Justice Data Transparency Model
SECTION 1. Legislative Purpose and Findings a) The purpose of this act is to create a model of uniform criminal justice data collection by requiring local and state criminal justice…
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Transparency in Lawsuits Protection Act
Summary On occasion, courts create an “implied” cause of action or a right to sue in regulatory legislation. The principles for when courts will or will not create these “implied”…
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Private Attorney Retention Sunshine Act
Model Policy Section 1. {Title} This act may be known as the Private Attorney Retention Sunshine Act Section 2. {Definitions} (A) For the purposes of this…
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The Fair Notice and Market Stability Act
Summary This Act will achieve and sustain a healthy judiciary while ensuring market stability by: requiring that public policy decisions be made in open public proceedings with…
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Administrative Procedures Act
Section 1. {Short Title} Section 2. {Purpose} a. Rules shall be as simple and clear as possible. They shall achieve legislative goals effectively and efficiently. They shall not…
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Volunteer Immunity and Charitable Organization Liability Limit Act
Model Policy Section 1. {Title} This Act shall be known as and may be cited as the Volunteer Immunity and Charitable Organization Liability Limit Act. Section 2. {Legislative finding and declaration…
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Copycat Product Act
Model Policy [Title, enacting clause, etc.] Section 1. {Liability for damages} (a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type…
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Resolution in Support of Establishing Efficient and Fair Criminal Law Discovery Practices
Resolution: WHEREAS, the American Legislative Exchange Council (ALEC) is committed to developing effective and fair criminal justice policies that create safe communities for citizens as well as strong state budgets;…
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Resolution in Support of Efforts to Promote Impartial, Independent, and Highly-Qualified State Judiciaries
WHEREAS, most states select judges at some level through a form of popular election and many fill interim vacancies through appointments; WHEREAS, state judicial elections have become…