Law Commons^™

An Argument For A Vicarious Liability Standard For Agricultural Employers And Associations For The Acts Of Contractee Farm Labor Contractors: An Addition To The Migrant And Seasonal Agricultural Worker’S Protection Act Of 1983, Andrew Leibfried

Andrew Leibfried

Much of the federal law that has been passed to protect seasonal and migrant agricultural workers has been circumvented by Agricultural Employers and Associations who contract out their labor, and thus, many of their obligations to Farm Labor Contractors. Because these Farm Labor Contractors are considered independent contractors, seasonal and migrant agricultural laborers are required to enforce their rights under federal law against these contractors who can be either transient or judgment proof, while the Agricultural Employer or Association who hired the contractor escapes liability entirely. The focus of this paper is to present the case for a different legal …

Investigating Impacts Of Legal Practice Management System On The Employee Productivity Of The Small Thai Law Firm, Onanong Pilun-Owad

Onanong Pilun-owad

This paper focuses on the study and investigation of the impacts in the implementation of a software package to support the operation and management of legal practice, which is referred to as the Legal Practice Management System (LPMS), on employee productivity. This implementation is considered the Information Technology-enabled business process and organization change of a small law firm in Thailand. The focal organization is a law firm in Thailand employing thirty-two people, which has been facing various business challenges from both internal and external factors; for example, increasing clients’ expectations, local and foreign competitors, poor financial performance, slow responses to …

Affordable Care Act Changes In The Medicare Program: More Of The Same But Better, Eleaonr D. Kinney

Eleaonr D. Kinney

The Patient Protection and Affordable Care Act (“ACA”), as amended by the Health Care and Education Reconciliation Act of 2010, has made many changes in the Medicare program as part of comprehensive health reform for the US health care sector. This article reviews the changes that ACA is making and will make in the Medicare program in the years to come. Described in detail are the changes to improve the quality and efficiency of Medicare services as well as to improve program integrity and transparency. The article evaluates the past and current efforts of the Medicare program to reduce Medicare …

The Campaign For Universal Denial: Contraception Coverage And State Pharmacist Refusal Clauses, Samantha Reid Gross

Samantha Gross

Although the Affordable Care Act has made many positive steps toward providing contraceptive products and services for women, the United States Congress must pass legislation addressing state pharmacist refusal laws. Refusal, or conscience, clauses undermine the vital goal of national health reform to provide preventive measures free of charge. Unless the pharmacist refusal loophole is addressed by providing additional protections for patients, underserved women will continue to lack access to necessary, and life saving, medications, which the Federal government has guaranteed to all women, free of charge. The United States Congress should address this problem by passing legislation providing patients …

Religious Morality And Civil Equality, Sarah L. Jordan

Sarah L Jordan

With the uncertain future of Proposition 8 in California and the backing of DOMA by Speaker of the House John Boehner and other conservative Legislators, it has become clear that the divide between morality and civil rights is weakening. In a country where the government purports to provide equal protection under the law, a minority growing in strength and support is still woefully discriminated against by law, by statute, and by state constitution. Support of Marriage Equality is at an all-time high, but those who fight it hang on to their ideal family unit mainly because of moral proclivities. By …

Affordable Care Act Changes In The Medicare Program: More Of The Same But Better, Eleaonr D. Kinney

Eleaonr D. Kinney

The Patient Protection and Affordable Care Act (“ACA”), as amended by the Health Care and Education Reconciliation Act of 2010, has made many changes in the Medicare program as part of comprehensive health reform for the US health care sector. This article reviews the changes that ACA is making and will make in the Medicare program in the years to come. Described in detail are the changes to improve the quality and efficiency of Medicare services as well as to improve program integrity and transparency. The article evaluates the past and current efforts of the Medicare program to reduce Medicare …

International Arbitration Scholarship And The Concept Of Arbitration Law, Stavros Brekoulakis

Stavros Brekoulakis

This article is about the concept of arbitration law and its relationship with international arbitration scholarship. It argues that the field of international arbitration scholarship has developed in isolation and never fully engaged with the crucial movements of international legal scholarship that advanced a more progressive and humanitarian concept of international law. The dearth of interdisciplinary scholarship in arbitration has had two undesirable implications. First, it has had a negative impact on how non-arbitration scholars and the public perceive arbitration. Secondly, and more importantly for the purposes of this article, it has crucially impaired the concept and autonomy of arbitration …

Contracting In The Modern World, Enrico Baffi

enrico baffi

In this paper I try explore some of the basic features of modern mass contracting. In my opinion, there are basically four characteristics of modern mass contracting: a)he reduced negotiations; b) the dissemination of standard form contracts; c) the presence of abusive clauses; d) and the recapitulation of the contract and its execution in a single act of stipulation. All the changes are the consequences in the changes of relative costs of activities: a) The reduction in negotiations is the result first of all of the costs that this activity requires and of the costs required to manage personalized contracts; …

The Problem Of Internalization Of Social Costs And The Ideas Of Ronal Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of criticisms of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalization of social costs was not always socially useful andd sometimes impossible. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorize the harmful activity without introducing mechanisms to …

The Problem Of Internalization Of Social Costs And The Ideas Of Ronald Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of criticisms of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalization of social costs was not always socially useful. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorise the harmful activity without introducing mechanisms to internalise social costs. …

The Problem Of Internalization Of Social Costs And The Ideas Of Ronald Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of criticisms of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalization of social costs was not always socially useful and in many casesimossible. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorize the harmful activity without introducing mechanisms …

The Problem Of Internalization Of Social Costs And The Ideas Of Ronald Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of criticisms of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalization of social costs was not always socially useful and also difficult if not impossible to realize. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorize the harmful …

The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Stacey L. Sklaver

Stacey L. Sklaver

This article addresses the prescription drug abuse epidemic in the United States. In particular, it highlights that prescribers, as the gatekeepers of controlled substances, often lack the necessary education and training to properly prescribe such medications and to spot signs of abuse. This deficiency leads to patient overdoses and death, and resultant prescriber exposure to both civil and criminal liability.

Some states require controlled substance prescribers to obtain education on safe prescribing and abuse prevention methods, but many do not, yielding the need for a federal solution. The solution must address patient health, safety, and welfare under the purview of …

The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres

Jody M. Endres

Mounting resource scarcity confronts policymakers to make decisions based on predictions of complex system behavior under conditions of great uncertainty. Nowhere is this more evident than in bioenergy policy, which relies heavily on modeling to determine biofuels’ effects on complex climate, food and natural systems. This article provides a primer on models’ inner workings to facilitate engagement by the legal field so critical in building and applying models, and remedying them when they fail. Any conceptual model cannot predict future reality with accuracy absent accounting for regulatory and litigatory scenarios that only the legal discipline can assess fully. Administrative law …

Extreme Sports And Extreme Liability: The Effect Of Waivers Of Liability In Extreme Sports, Amanda Greer

Amanda Greer

Athletes who participate in extreme sports know that by just participating in the sport, they are at a huge risk for injury. This risk for injury, however, should not include the negligent acts of the event’s sponsors and promoters. Before an athlete agrees to compete in an event, the athlete will generally sign a liability waiver that contains language absolving the sponsor from its own acts of negligence. These liability waivers in turn will bar an athlete from imposing liability on a sponsor for any injuries the athlete may sustain as a result of a sponsor’s negligence. The purpose of …

Vietnam And The United States: Mining Pollution And The Tragedy Of The Commons, Heather Whitney

Heather Whitney

This paper will discuss Vietnam’s mining pollution problem, and its efforts to foster clean water create and an environmental protection framework within its Constitution, environmental laws and regulations. This paper will also juxtapose these issues with the United States’ regulatory mechanisms for mining and water quality protection, which in comparison are complex and well-rounded, but nonetheless still have regulatory and enforcement loopholes that prevent proper water quality protection. In Vietnam, like most developing countries, regulations and policy statements place socioeconomic growth above water quality protection that frustrates these efforts. Environmental and water quality laws and regulations in Vietnam have not …

Deepening Confidence In The Application Of Cisg To The Sales Agreements Between U.S. And Japanese Companies, Yoshimochi Taniguchi

Yoshimochi Taniguchi

Parties between U.S. and Japanese companies usually agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) to the sales agreement due to concerns about how CISG will be interpreted and/or incompatibility with US or Japanese law or both. In this paper the author will suggest that the more countries amend their laws in accordance with CISG standards and the more national courts develop unified interpretation of CISG, CISG will represent harmonized law and contracting parties should not exclude it.

This paper begins with the trend concerning the application of CISG …

The Zombie Pandemic In Florida, Anita A. Digiacomo Esq.

Anita A. DiGiacomo

A zombie is currently defined as “an animated corpse that feeds on living human flesh.” The Centers for Disease Control and Prevention contend that zombies are typically “created by an infectious virus, which is passed on via bites and contact with bodily fluids.” The vehicle for the spread of infection will depend on the nature of the virus that causes the zombie outbreak. However, due to the nature of zombies, it is more than likely that the main mode of transferring the virus, will be through bites or scratches. The zombie body consists of the reanimated human body, and as …

No Remedy For This Wrong? Analyzing The Appropriate Remedy For Violations Of California Penal Code § 834c, Jared W. Olen

Jared W. Olen

Article 36(1)(b) of the Vienna Convention on Consular Relations provides that a foreign national of a state-party has the right to have her consulate notified of her arrest upon detention. Many United Supreme Court and other federal courts have grappled with issues stemming from that right, including whether the treaty creates privately-enforceable rights. However, California was unique in that it enacted California Penal Code § 834c, which codifies as state law the right to consular notification.

While this codification precludes much discussion about privately-enforceable rights, the statute is, however, silent on what remedy should be applied if law enforcement violate …

A Dissolution Of American Values: The Material Support Law, Unchecked Executive Power, And Their Effect On American Muslim Charitable Donations, Omar Abdelghany

Omar Abdelghany

The main topic of this comment will be the chilling effect that the material support provisions and unchecked executive power has had on American Muslim charitable giving. The comment will be divided into four parts. The first part will discuss the relevant statutes and executive orders that prosecutors and the executive branch use to unjustly shut down American Muslim charities. This part will also discuss the cases involving American Muslim charitable organizations and donors. These cases are divided into five categories: cases where the U.S. government filed terrorism-related charges against American Muslim charities, cases where the government filed non-terrorism related …

A Dissolution Of American Values: The Material Support Law, Unchecked Executive Power, And Their Effect On American Muslim Charitable Donations, Omar Abdelghany

Omar Abdelghany

The main topic of this comment will be the chilling effect that the material support provisions and unchecked executive power has had on American Muslim charitable giving. The comment will be divided into four parts. The first part will discuss the relevant statutes and executive orders that prosecutors and the executive branch use to unjustly shut down American Muslim charities. This part will also discuss the cases involving American Muslim charitable organizations and donors. These cases are divided into five categories: cases where the U.S. government filed terrorism-related charges against American Muslim charities, cases where the government filed non-terrorism related …

Unjust Enrichment In Texas: Is It A Floor Wax Or A Dessert Topping?, George P. Roach

George P Roach

Unjust Enrichment in Texas: Is It A Floor Wax or a Dessert Topping?*

Unjust enrichment is too important to ignore. Federal and Texas case opinions that mention unjust enrichment have grown about 600% and 276% in the last twenty years. As a cause of action, unjust enrichment in equity represents much of the safety net that catches claims that are otherwise irreparable at common law. Most authorities agree that injunctive relief and unjust enrichment have provided critical relief for intellectual property claims for at least 200 years.

This article will show that Texas courts are not ‘comfortable’ with the law …

Only Part Of The Picture: A Response To Rebecca Tushnet's Worth A Thousand Words: The Images Of Copyright (125 Harv. L. Rev. 683), Zahr K. Said

Zahr K Said

Only Part of the Picture: A Response to Rebecca Tushnet’s Worth a Thousand Words: The Images of Copyright 125 HARV. L. REV. 683

Zahr K. Said

Professor Rebecca Tushnet’s Article elucidates a number of difficulties in copyright that flow from judicial failures to treat images consistently and rigorously. She argues that courts both assess copyrightability and evaluate potential infringement in ways that rely on a naïve understanding of the way artists create, and indeed, the way viewers receive works of art. The problem is particularly pronounced with respect to what Tushnet calls non-textual works because copyright law’s default to textuality …

Class Arbitration: The Necessary Counterpart To The Arbitrability Of Statutory Rights, Laura Yvonne Zielinski

Laura Yvonne Zielinski

Why is it so problematic to restrict the availability of class arbitration in the United States? I will argue in my paper that class arbitration is a compromise between the pro-arbitration policy and the protection of weaker parties and thus necessary to sustain the liberal American model of arbitration. It is indeed the necessary counterpart to the arbitrability of statutory rights.

During the last thirty years, the policy of the United States towards arbitration has become increasingly favourable and the introduction of arbitration clauses into all sorts of contracts, including adhesion contracts between parties of highly unequal bargaining power, has …

Parliamentary Oversight Of The Executive In India, Anirudh Burman

Anirudh Burman

The need for a strong monitoring mechanism of the executive in India has been made clearer by recent allegations of corruption against high-ranking officials of the central government. The Indian Parliament is the ideal institution to perform such a monitoring function through oversight of the central executive. The executive in India is directly accountable to the Parliament. Making oversight by Parliament stronger and more effective would therefore increase the accountability of the executive. Additionally, an increased oversight role would allow for greater policy inputs from Parliament to the executive. It would also increase the general level of expertise within Parliament …

Judicial Review And Deliberative Politics. A Tension In Need Of Analysis., Donald E. Bello Hutt

Donald E. Bello Hutt

Champions of judicial review of legislation have defended this institution even before John Marshall decided Marbury v. Madison in 1803. Nevertheless, those defenses have to face with several difficulties, both practical and abstract. The aim of this paper is to analyze those difficulties and the context in which the defenses have been successful. We shall discuss the origins of judicial review in the work of James Iredell, Alexander Hamilton and John Marshall in order to introduce not only the first defenses of judicial review, but to fix the political context and dominant constitutional philosophy at their time: departmentalism and popular …

Empirical Associative Regulation – Drawing Future Regulatory Tools From The Experience Of The Past, Nachshon Goltz

Nachshon Goltz

Traditionally, theories on regulation have suggested choosing the “right” regulatory tool for a given situation of desired behavioral steer, using a broad theoretical approach of understanding the factors involved in the regulatory realm and speculating or deducting from it toward the efficient choice.

In contrast, I am arguing that the process of choosing the “right” regulatory tool should be guided by an opposite process, in which a database of regulatory success and failure case studies will be created. The institute (i.e., governments, regulation agencies, etc.) seeking to steer behavior using regulatory tools (“the regulator”) will search this information body using …

A Ripening Obligation: The Responsibility To Protect International Human Rights In States Of Recent Occupation, Benjamin K. Grimes

Benjamin K Grimes

The United Nations has described State unwillingness to address extra-territorial human rights abuses as a failure of “civic courage … at the highest level.” That view is consistent with a trend in international jurisprudence on the issue of State responsibility for respecting and protecting human rights. In line with these opinions, this article examines the arc of international understanding of human rights responsibilities to identify the proper path for U.S. military operations. It proposes specific practical solutions to guide the United States in recognizing not only its joint legal responsibility for protecting human rights in post-occupation situations (as in Afghanistan), …

Keeping Secrets: An Alternative To The Economic Penalty Enhancement Act, Brittani N. Baldwin

Brittani N. Baldwin

No abstract provided.

Opting Out Of The Procedural Morass: A Solution To The Class Arbitration Problem, Emanwel J. Turnbull

Emanwel J Turnbull

American class actions are internationally regarded as a procedural form to avoid and widely criticized in the United States. They have been narrowed and restricted by U.S. statutes and case law. Plaintiffs' lawyers in consumer class actions are portrayed as greedy and fraudulent, while businesses are increasingly acting to avoid class actions through mandatory pre-dispute arbitration clauses. Even class arbitration is criticized as leading to a “procedural morass.” This Article proposes that parties and arbitral fora opt out of the American procedural morass (and the attendant long-running disputes about American class actions) by adopting an English procedural rule for aggregation. …