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Full-Text Articles in Law
The Public Order Of Ports, Charles H. Norchi
The Public Order Of Ports, Charles H. Norchi
Faculty Publications
The OCLJ invited leading authorities to consider a range of maritime port law problems and policies. The ensuring articles treat port "incidents" that implicate and spawn international law including custom, conventions, and agreements and national or municipal law.
The Disordered And Discredited Plaintiff: Psychiatric Evidence In Civil Litigation, Deirdre M. Smith
The Disordered And Discredited Plaintiff: Psychiatric Evidence In Civil Litigation, Deirdre M. Smith
Faculty Publications
This Article closely examines civil defendants' use of evidence of a plaintiff's alleged current or prior psychiatric diagnosis or treatment by analyzing and critiquing the three primary rationales offered in support of the relevancy of such evidence: to suggest an alternative or underlying cause of the plaintiff's alleged psychological injuries; to impeach the plaintiff's credibility by asserting that a mental illness interferes with her ability to recount or to perceive events accurately; and to reveal certain propensities that inform how the plaintiff likely acted with respect to the events at issue in the litigation. I note that, while attaching a …
Credit Rating Agencies, Structured Securities, And The Way Out Of The Abyss, Lois R. Lupica
Credit Rating Agencies, Structured Securities, And The Way Out Of The Abyss, Lois R. Lupica
Faculty Publications
The article examines the role of credit rating agencies (CRAs) in the evolving financial markets, and particularly in connection with the structured finance markets. The movement away from relationship-based lending based on trust, to the less personal capital markets, makes an objective assessment of creditworthiness essential to the structure of legitimate transactions, as well as to the credibility of investor decision-making. Yet, the financial crisis of 2008-2009 revealed that the CRAs seriously underestimated the risk of many complex securities that they rated. As CRAs have devoted a greater share of their resources to develop methods of rating these progressively more …
Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik
Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik
Faculty Publications
Four years ago at the age of 34, I heard the awful words "I'm sorry, but you have breast cancer" coming from my doctor. After the initial shock of the diagnosis wore off, I like many others who have faced life-threatening diseases began to work with a team of physicians to develop an appropriate treatment plan, which included contemplating enrollment in a clinical trial. Quite unexpectedly, my position as an intellectual property professor whose scholarship focuses primarily on information control, my role as a member of my university's Institutional Review Board that oversees studies involving human subjects, and my newly …