Law Commons^™

10-Minute Ebd: Is Oil-Pulling Useful In Treating Periodontal Disease?, Heather Willey Rda

The Journal of the Michigan Dental Association

The 10-Minute Evidence-Based Dentistry Column illustrates how to implement the evidence-based dentistry search process to quickly identify and apply the best literature to answer a clinical question. Through critical appraisal, the author of this article answers the clinical question: Is Oil-Pulling Useful in Treating Periodontal Disease? Examining the potential utility of oil-pulling as a treatment for periodontal disease and comparing it to conventional periodontal therapies. The study conducted an evidence-based search using various databases and keywords related to oil-pulling, periodontal disease, and oral health. The results revealed that oil-pulling is not a substitute for standard oral hygiene practices, and insufficient …

The Twenty-First Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law At The Fordham Corporate Law Center, Matthew Diller, G. Jeffrey Boujoukos, Ben A. Indek, Allison Herren Lee

Fordham Journal of Corporate & Financial Law

No abstract provided.

Hb 1013: Georgia Mental Health Parity Act, Justin Crozier, Betsy Hicks, Jordan Kalteux

Georgia State University Law Review

The Act overhauls Georgia’s mental health system by enforcing compliance with federal mental health parity law. Most notably, the Act requires health insurers to provide coverage for mental health and substance use disorders equitably with physical health and defines generally accepted standards of care. The Act requires insurers to submit annual parity compliance reports and requires the Commissioner to make annual data calls and submit annual reports. The Act requires compliance with a minimum 85% medical loss ratio. The Act provides for cancelable loans to Georgia residents enrolled in related educational programs and creates grant programs for accountability courts. The …

Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar

Journal of Food Law & Policy

Isolated food safety crises are not uncommon occurrences in the United States. Indeed, the history of public scares indicates a pattern of deficiencies in the safety of the American food supply. In the early 20th century, the public learned of the squalid conditions of meatpacking facilities through muckraking publications such as Upton Sinclair's The Jungle. In the 1980s, a 60 Minutes report documented research finding carcinogenic properties of a widespread pesticide, traces of which were commonly found in apple-based products. In the 1990s, widespread media reports of beef tainted with E. coli led to both product recalls unprecedented in scope …

Medical Volunteers During Pandemics, Disasters, And Other Emergencies: Management Best Practices, John I. Winn, Seth Chatfield, Kevin H. Govern

Seattle Journal of Technology, Environmental & Innovation Law

How best to utilize volunteers^[1] during medical emergencies is an essential part of hospital compliance planning. Onboarding recruited and spontaneous volunteers during crisis situations require careful consideration of multiple legal issues. Volunteer planning becomes more complex if volunteers move across state lines because applicable tort immunity statutes,^[2] compensation limits,^[3]and workers compensation regimes vary significantly from one jurisdiction to another. Effective planning for volunteers requires these and other issues to be addressed well in advance of actual emergencies. Although predicting the scope or severity of any future crisis is impossible, the provided checklist of management best practices …

The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold

Journal of Food Law & Policy

At the beginning of the 20th Century, the U.S. dairy industry was comprised of millions of small-scale operations producing for their own or for very local consumption. By the end of the 20th Century, the industry was dominated by large-scale producers marketing products via large cooperatives. Improvements in transportation, advances in animal breeding and feeding technologies, and scale economies have allowed the industry to be more competitive on global markets, where there is now active international trade in dairy products. Major government programs to support dairy farm income date back to Depression-era problems facing the industry. Federal programs to support …

Considering Sanctions Compliance In Light Of Ucc 4a, Michael Zytnick, Alaina Gimbert

Michigan Business & Entrepreneurial Law Review

As part of a bank’s financial crime compliance program, it is increasingly common to screen and halt the processing of a payment order for compliance investigation where reference is made to a potential, but unconfirmed, target of United States economic sanctions. This essay discusses challenges under Article 4A of the Uniform Commercial Code concerning the timing of such an investigation and the creation of potential liability where a bank wrongly accepts by execution a previously halted payment order received from a sender following five funds transfer business days after the relevant execution date or payment date of that order. In …

Civil Rights Law—Out Of The Shadows: The Case For Arkansas To Achieve Full Compliance With The Prison Rape Elimination Act, Connor Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.

Where Law Meets Equity: Evidentiary Hearings Under California Business And Professions Code Section 7031, Eric R. Reed

Loyola of Los Angeles Law Review

California’ s contractor licensing statutes severely penalize unlicensed contractors. Even a brief license disruption may result in a contractor being unable to collect unpaid invoices or having to disgorge money received for past work. Courts began developing a “substantial compliance” exception to these statutes shortly after the legislature enacted them. This institutional tug-of-war prompted the legislature to codify the exception in section 7031(e) of the California Business and Professions Code, and, later, to create a unique stand-alone procedure for adjudicating substantial compliance. Section 7031(e) refers to this procedure as an “evidentiary hearing” but gives little guidance about how to conduct …

Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone

FIU Law Review

No abstract provided.

A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg

Utah Law Review

The Department of Justice (“DOJ”) has a long-stated goal of encouraging companies to engage in what the author refers to as “compliant behaviors”—maintenance of an effective pre-existing compliance program, post-enforcement adoption of an effective compliance program, cooperation with a government investigation, and self-disclosure of misconduct. Substantial DOJ guidance over the past two decades, along with the concrete incentive structure of the United States Sentencing Guidelines, have increasingly made clear to organizations when and how such behaviors will be rewarded in criminal matters. Recently, DOJ has made transparency and clarity regarding the benefit of compliant behaviors a priority in calculating and …

Circumventing Consultation Under The National Historic Preservation Act: How Judicial Misapplication Of Section 106 Is Putting Historic And Cultural Resources At Risk, Samuel W. Gieryn

Northern Illinois University Law Review

The Advisory Council on Historic Preservation’s website proudly features “Section 106 Success Stories” where broad and meaningful consultation led to exemplary outcomes. But what if the consultation process that lead to those successes was never triggered? Unfortunately, there are too many stories of far less success because of legal opinions that mistakenly determined federal actions not to be “undertakings” under Section 106 of the National Historic Preservation Act. This article attempts to settle the question of “What is an ‘undertaking’ in Section 106?” Through an analysis of statutory and regulatory changes, legislative history, and legal opinions, this article demonstrates that …

A Forensic First Look At A Pos Device: Searching For Pci Dss Data Storage Violations, Stephen Larson, James Jones, Jim Swauger

Journal of Digital Forensics, Security and Law

According to the Verizon 2018 Data Breach Investigations Report, 321 POS terminals (user devices) were involved in about 14% of the 2,216 data breaches in 2017 (Verizon, 2018). These data breaches involved standalone POS terminals as well as associated controller systems. This paper examines a standalone Point-of-Sale (POS) system which is ubiquitous in smaller retail stores and restaurants. An attempt to extract unencrypted data and identify possible violations of the Payment Card Industry Data Security Standard (PCI DSS) requirement to protect stored cardholder data were be made. Persistent storage (flash memory chips) were removed from the devices and their contents …

Corporate Law And Social Risk, Stavros Gadinis, Amelia Miazad

Vanderbilt Law Review

Over a quarter of total assets under management are now invested in socially responsible companies. This turn to sustainability has gained solid ground over the last few years, earning the commitment of hundreds of CEOs and dominating the global business agenda. This marks an astounding repudiation of Wall Street’s get-rich-quick mentality, as well as a direct challenge to corporate law’s reigning mantra of profit maximization above all. But corporate law scholars are skeptical about the rise of sustainability. Some scoff at companies’ promises to “do the right thing” as empty rhetoric. But companies are revisiting core business practices and adjusting …

The Regulation Of Lawyers In Compliance, Jennifer M. Pacella

Washington Law Review

The field of compliance has exploded in interest, attention, and growth over recent years. It has emerged as a popular career path for those trained in the law, giving rise to an influx of job opportunities for new law school graduates and seasoned attorneys alike. Additionally, compliance has tightened the essential interplay between business and law. Numerous compliance officers hold J.D. degrees and many also serve simultaneously as both an organization’s chief compliance officer and general counsel, thereby muddying the lines between which service constitutes the “practice of law,” requiring adherence to professional rules of responsibility, or non-legal work, where …

Reframing Bitcoin And Tax Compliance, Arvind Sabu

Saint Louis University Law Journal

This Article argues that, contrary to the common belief that Bitcoin enables tax evasion, the Internal Revenue Service (“IRS”) can increasingly police transactions in Bitcoin. First, commercial and technical intermediaries have emerged as part of Bitcoin’s ecosystem. This diverse set of intermediaries can facilitate tax enforcement, as the litigation over the IRS’s summons on Coinbase—the largest domestic digital asset exchange—and subsequent IRS efforts show. These intermediaries could report transactions to the IRS or even, one day, withhold and remit tax payments. Second, the publicly visible, trustworthy nature of Bitcoin’s blockchain—its unique role as a shared truth—allows tax authorities to observe …

The Role Of Intent In The Rise Of Individual Accountability In Aml-Bsa Enforcement Actions, Tyler Halloran

Fordham Journal of Corporate & Financial Law

The statutory framework which prohibits individuals at financial institutions from engaging in money laundering attributes criminal or civil liability on the basis of an individual’s culpability with respect to the prohibited conduct. A recent Department of Justice policy shift has begun to place a greater focus on the prosecution of individuals within corporations. This shift has led to increased prosecutions of compliance personnel and bank officials in recent years.

Through analysis of recent cases, this Note seeks to explore how the requirement of intentional and/or willful conduct defines the potential for criminal and/or civil exposure for compliance personnel and bank …

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco

Touro Law Review

No abstract provided.

Whistleblowing In The Compliance Era, Jeffrey R. Boles, Leora Eisenstadt, Jennifer M. Pacella

Georgia Law Review

International events over the last year have propelled the
importance of whistleblowers to the forefront. It is increasingly
evident that whistleblowers provide immense value to society.
Yet, for years, whistleblowers have been victims of retaliation,
commonly experiencing threats, discrimination, and
employment termination due to their reporting. Against the
backdrop of a society heavily defined by compliance-focused
initiatives—where organizations and industries construct
robust compliance programs, internal policies, and codes of
conduct—this Article highlights a significant gap in legal
protections for would-be whistleblowers. While compliance
initiatives demonstrate that active self-regulation is
increasingly a staple of organizational governance, this Article
pinpoints the problems …

Revamping The Right To Be Informed: Protecting Consumers Under New Jersey's Truth-In-Consumer Contract, Warranty, And Notice Act*, Jessica Guarino

Arkansas Law Review

Prior to the 1960s, “courts were notorious for their insensitivity to consumer interests, while legislatures did little in the way of offering the consumer comprehensive protection against business fraud.”1 However, the tide of legislation began to turn in the 1960s as a movement for greater consumer protections finally reached the ears of an individual with a powerful voice: President John F. Kennedy.

Armed Groups And The Protection Of Health Care, Ezequiel Heffes

International Law Studies

That armed groups have been responsible for attacks against health care personnel and for violating the protection of health care is not news. This is one of the greatest humanitarian challenges of contemporary armed conflict. Armed groups, however, have also attempted to evacuate and treat wounded enemy fighters and civilians and, in certain contexts, they have even provided health care services for the civilian population living in the territories under their control. This article describes some of the key issues related to the variation of armed groups’ behaviors when dealing with the protection of health care, inquiring into why some …

Gdpr Compliance—It Takes A Village, Susy Mendoza

Seattle University Law Review

When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does the …

Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount

Seattle University Law Review

Americans’ interest in privacy—as evidenced by increasing news coverage, online searches, and new legislation—has grown over the past decade. After the European Union enacted the General Data Protection Regulation (GDPR), technologists and legal professionals have focused on primary collectors of data—known under various legal regimes as the “controller” or “custodian.” Thanks to advances in computing, many of these data collectors offload the processing of data to third parties providing data-related cloud services like Amazon, Microsoft, and Google. In addition to the data they have already collected about the data subjects themselves, these companies now “hold” that data on behalf of …

General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas

Seattle University Law Review

This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?

Privacy Statements Under The Gdpr, Mike Hintze

Seattle University Law Review

The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared …

When Good Policies Go Bad: Controlling Risks Posed By Flawed Incentive-Based Compensation, Nicole Vincent

Cleveland State Law Review

The recent Wells Fargo scandal revealed the harm that can result from flawed incentive-based compensation arrangements. Large financial institutions have both a legal and an ethical obligation to ensure that any incentive-based compensation arrangements that are in place will not encourage risky or fraudulent employee behavior. The continued existence of inappropriate and poorly structured arrangements demonstrates that existing regulations are inadequate to ensure compliance and protect consumers. Regulations should include increased penalties and should more evenly distribute the burden of oversight and compliance between the public and private sectors. In addition to regulatory reform, the government should prosecute culpable high-level …

From Value Protection To Value Creation: Rethinking Corporate Governance Standards For Firm Innovation, Roger M. Barker, Iris H-Y Chiu

Fordham Journal of Corporate & Financial Law

A company’s pro-innovation needs are often met by the exploitation of its resources, widely defined. The resource-based theory of the firm provides immense empirical insights into how a firm’s corporate governance factors can contribute to promoting innovation. However, these implications may conflict with the prevailing standards of corporate governance imposed on many securities markets for listed companies, which have developed based on theoretical models supporting a shareholder-centered and agency-based theory of the firm. Although prevailing corporate governance standards can to an extent support firm innovation, tensions are created in some circumstances where companies pit their corporate governance compliance against resource-based …

Iran Sanctions: A Compliance Perspective The Promise And Peril Of Entering The Islamic Republic, Talib Amir

Fordham Journal of Corporate & Financial Law

U.S. sanctions against Iran have limited trade between foreign and Iranian companies for decades. The 2015 nuclear agreement eased sanctions by widening the scope of permitted business dealings, but brought attendant risks to foreign companies considering venturing into Iran. This Essay proposes that companies can employ a risk-reward model to assess whether the opportunity posed by a proposed venture justifies the risks of violating sanctions laws. The Essay suggests that companies can create a model by categorizing and quantifying the likely benefits of a business deal and compare the opportunity with risks, after implementing processes to limit specific risks. The …

Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.