Law Commons^™

How To Construe An Atypical Bill Of Lading: The “Luna” And Another Appeal [2021] 2 Slr 1054, Alexis Kaixin Lok

Singapore Law Journal (Lexicon)

Bills of lading have been described as the cornerstone of modern sea carriage (i.e., the transport of goods by sea). Traditionally, a bill of lading serves three functions: (1) it is a receipt by the carrier acknowledging the shipment of goods, (2) it is a memorandum of the terms of the contract of carriage, and (3) it is also a document of title to the goods shipped.

Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc

Singapore Law Journal (Lexicon)

It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?

The Lack Of A Time Bar: An Injustice Within Unjust Enrichment Claims – Esben Finance Ltd And Others V Wong Hou-Lianq Neil [2022] 1 Slr 136, Jie Loong Tan

Singapore Law Journal (Lexicon)

Limitation periods refer to the period within which a claimant who has a right to claim against another person, i.e., the defendant, must begin court proceedings to establish that right. Once that period has passed, the defendant can no longer be sued on that particular action. This is to prevent the threat of an action from continually hanging over the defendant such that once the limitation period has passed, the defendant can be sure that the claimant is no longer able to sue.

Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee

Singapore Law Journal (Lexicon)

At common law, the “no reflective loss” (“NRL”) principle bars a shareholder from bringing a personal action to recover any diminution in share value resulting from a wrong inflicted by a thirdparty wrongdoer on the company. Such reduction in value is not treated as the shareholder’s personal loss as it is a “mere reflection” of the company’s loss. And this is so even if the company does not seek to recover from the wrongdoer or settles with the wrongdoer for a sum well below its actual loss. Though endorsed by the highest courts, the NRL principle remains controversial by reason …

Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

On 15 December 2022, Justice Andrew Phang retired from the Supreme Court Bench. To pay tribute to Justice Phang’s 18 years of service, a Valedictory Reference was convened on 28 November 2022. The following is a collection of speeches delivered at the event by distinguished members of the Bar – a fitting tribute to celebrate Justice Phang’s outstanding contributions to local jurisprudence and legal scholarship, and the indelible mark he left on the lives of those around him.

Foreword, Pey Woan Lee

Singapore Law Journal (Lexicon)

As I pen this foreword, I cannot help but reflect on the radical transformation that the launch of ChatGPT has brought about in the way we communicate. The emergence of this generative language model has shattered the notion that only humans can engage in written discourse. While I am excited about the immense potential that this development holds for enhancing the quality and efficiency of our work, I am also deeply troubled by the existential questions it raises. The rise of powerful machines undoubtedly heightens the risk of human redundancy. As AI continues to surpass human capabilities, the question of …

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …

Why Are These Justices Using The Shadow Docket More Than Past Justices?, Benjamin H. Barton

Nevada Law Journal

No abstract provided.

Does Anybody Really Know What Time It Is?: How The Us Supreme Court Defines “Time” Using The Purcell Principle, Rachael Houston

Nevada Law Journal

No abstract provided.

Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, Sarah Voehl

Nevada Law Journal

No abstract provided.

Propaganda For War & International Human Rights Standards, Evelyn Aswad

Chicago Journal of International Law

Shortly after Russia’s illegal invasion of Ukraine in February 2022, the European Union (EU) began suspending Russian state-sponsored media outlets from broadcasting within the EU because they were spreading propaganda for war. The EU also required social media companies to remove user speech containing the banned broadcasts and prohibited search engines from displaying content from those outlets in search results. The EU’s General Court upheld the outlets’ suspension as consistent with both European human rights norms and the United Nations International Covenant on Civil and Political Rights (ICCPR), which contains a mandatory prohibition on propaganda for war in Article 20(1). …

Democracy, Social Media, And Freedom Of Expression: Hate, Lies, And The Search For The Possible Truth, Luís Roberto Barrosoa, Luna Van Brussel Barroso

Chicago Journal of International Law

This Essay is a critical reflection on the impact of the digital revolution and the internet on three topics that shape the contemporary world: democracy, social media, and freedom of expression. Part I establishes historical and conceptual assumptions about constitutional democracy and discusses the role of digital platforms in the current moment of democratic recession. Part II discusses how, while social media platforms have revolutionized interpersonal and social communication and democratized access to knowledge and information, they also have led to an exponential spread of mis- and disinformation, hate speech, and conspiracy theories. Part III proposes a framework that balances …

The Right To Be Forgotten: Google Spain As A Benchmark For Free Speech Versus Privacy?, Kyu Ho Youm, Ahran Park

Chicago Journal of International Law

Since the Court of Justice of the European Union ruled in Google Spain in 2014, the global legal discourse on the “right to be forgotten” (RTBF) has accelerated the RTBF’s establishment as a right to informational privacy. But international courts have varied in their interpretations and applications of the RTBF, with some embracing it and others being wary of balancing the right with freedom of expression. While de-indexing search engine results was the primary method of facilitating the RTBF in Google Spain, this method has not necessarily informed many courts’ RTBF decisions. Instead, international and foreign courts are increasingly finding …

The Honeypot Stings Back: Entrapment In The Age Of Cybercrime And A Proposed Pathway Forward, Renée N. Girard

Chicago Journal of International Law

Cybercrime’s transnational nature has rendered conventional methods of domestic policing ineffective. The international community must cooperate to combat cross-border cybercriminals. Law enforcement efforts to respond to the threat through cyber sting operations call into question the degree to which individuals are protected by the entrapment defense. There is disagreement in the international community about the validity of the defense. The lack of consensus threatens effective law enforcement cooperation in responding to cybercrime, posing a global security risk. Furthermore, if countries with dissimilar entrapment rights cooperate to share data and carry out cyber stings, there is a heightened risk of the …

Conceptualizing An Anti-Mother Juvenile Delinquency Court, Barbara Fedders

North Carolina Law Review

No abstract provided.

Rich Dad, Gay Dad: The Wealth Traps Of Gay Fatherhood, Erez Aloni

North Carolina Law Review

No abstract provided.

Litigating Precarity: Low-Wage Workers And Child-Support Enforcement, Tonya L. Brito, Kathleen Wood

North Carolina Law Review

No abstract provided.

Supporting Families In A Post-Dobbs World: Politics And The Winner-Take-All Economy, Naomi Cahn, June Carbone

North Carolina Law Review

No abstract provided.

The Fourth Amendment Without Police, Shawn E. Fields

University of Chicago Law Review

What role will the Fourth Amendment play in a world without police? As academics, activists, and lawmakers explore alternatives to traditional law enforcement, it bears asking whether the amendment primarily tasked with regulating police investigations would also regulate postpolice public safety agencies. Surprisingly, the answer is often no. Courts are reluctant to recognize protections from government searches or seizures outside criminal investigations, and they are even more reluctant to require probable cause or a warrant for such conduct. Thus, by removing most public safety functions outside the criminal sphere, abolitionists also move intrusive government conduct outside these traditional strictures and …

Regulatory Trading, David A. Weisbach

University of Chicago Law Review

Regulatory trading systems, such as the SO2 cap-and-trade system, are ubiquitous in environmental and natural resources law. In addition to cap-and-trade systems for pollutants such as SO2, NOx, and CO2, environmental and natural resources law uses trading in areas such as endangered species, water quality, wetlands, vehicle mileage, and forestry and farming practices. Trading, however, is rarely used as a regulatory approach in other areas of law. This Article seeks to identify the reasons for this dichotomy. To understand the dichotomy, the Article examines the uses of trading in environmental and natural resources law, where it has been successful, and …

The Long Arm Of Bostock V. Clayton County: Opening 42 U.S.C. § 1985(3) To Claims Of Anti-Lgbt Discrimination, Jason Hanselman

University of Chicago Law Review

42 U.S.C. § 1985(3) is a Reconstruction-era statute that allows one to recover damages from those that conspire to deprive one of one’s constitutional or statutory rights. In the 1970s, the Supreme Court began requiring a showing of discriminatory animus in order to confer liability under the statute. The lower courts have since found that allegations of discriminatory animus against LGBT folks are insufficient to satisfy the requirement. Most circuits have also held that sex-based discrimination is cognizable under § 1985(3), citing federal law’s condemnation of the practice. Other circuits have found sex-based discrimination cognizable under the statute as well, …

Three New Actions Enter Legal Landscape, Lance Plunkett Jd, Llm

The New York State Dental Journal

Latest legal maneuvers cover a variety of fronts with potential impact on dental practices.

The Influence Of Metacognitive Skills On Bar Passage: An Empirical Study, Jennifer A. Gundlach, Jessica R. Santangelo

Grantee Research

Working Paper

This article builds on our prior research about metacognition and its importance for law students’ learning. We hypothesized that given our past findings about the relationship between metacognition and academic performance in law school, it was possible that metacognition might also play an important role in success on the bar exam.

Our current study documents law students’ metacognitive skills during a final semester bar prep course and examines the relationship between those students’ metacognitive skills and bar passage. We found that students are capable of gaining metacognitive knowledge and regulation skills during law school and even as late …

Mda At Your Service: How Can I Learn More About Insurance Plan Contracts?, Kristin Johnson Dds, Mda Membership Department Staff

The Journal of the Michigan Dental Association

This month’s column from the Chair of the Membership Committee, and the Michigan Dental Association (MDA) Membership Department, addresses various resources for understanding dental insurance plans, switching local dental societies, Business Associate Agreements for HIPAA compliance, and changes in implicit bias training requirements. The article also mentions volunteer opportunities to help underserved patients through MDA-affiliated programs and the future Mission of Mercy.

Staff Matters: Which Of Our Staff Are Hourly Vs. Salaried?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article addresses the classification of employees as hourly (non-exempt) or salaried (exempt) in the context of dental practices. It outlines the Fair Labor Standards Act (FLSA) rules, including the current minimum salary threshold of $684 per week and the potential for changes in overtime regulations. The article also discusses the duties tests for various white-collar exemptions and provides guidance on correctly classifying common dental practice positions to ensure compliance with the law.

J Mich Dent Assoc June 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story interview introducing new MDA President Eric Knudsen of Escanaba.
• A feature review of the 2023 MDA Annual Session held in Grand Rapids.
• MDA President Dr. Benivegna's Opening Remarks before the 2023 House of Delegates.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, …

Headquarters Report: A Look At Some Of The Changes Over The Past 10 Years, Karen Burgess Cae

The Journal of the Michigan Dental Association

In what became her final report to the MDA House of Delegates, our late Executive Director Karen Burgess reflects on the changes in the dental profession and organized dentistry over the past decade. This transcription of her remarks highlights shifts in dental schools, practice choices, demographics, and market shares within the ADA and MDA. It also discusses societal trends like generational shifts, diversity, the job market, social media, and personal technology, emphasizing how they align with the dental profession. She outlines the MDA's proactive steps to address these changes and ensure that the association remains responsive to evolving needs.

The 2023 Mda Annual Session: Good Times, Great Meeting, David Foe Ma

The Journal of the Michigan Dental Association

The 2023 MDA Annual Session was a successful event, with over 2,600 dental professionals attending in downtown Grand Rapids. Highlights included engaging keynote addresses, informative CE courses, a bustling exhibit hall, and various social events. The MDA Foundation's Sparkling Smiles Celebration raised funds to support dental scholarships and improve access to care. The event provided valuable networking opportunities and resources for attendees.

Mda Foundation: Mission Of Mercy Moves To Flint In June 2024; Save The Date And Participate, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation is organizing its fifth Mission of Mercy (MOM) in Flint in June 2024. The event aims to provide dental care to those in need, especially those who are uninsured and unable to afford dental services. The MOM will take place at the Dort Financial Center in Flint from June 13 to 17, offering dental care from 6 a.m. to 6 p.m. on June 14 and 15. This initiative has been critical in delivering dental services and improving the lives of those who lack access to proper oral healthcare.

Appellate Panels And Second Opinions, Saul Levmore

Penn State Law Review

No abstract provided.