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The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson 2020 St. Mary's University School of Law

The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Medical malpractice law in China does not work. Disappointed patients and their families, or the gangs they hire, frequently resort to physical violence, beating up doctors and disrupting hospital activities in order to extort settlements. This happens because Chinese law has failed to provide viable remedies to many victims of medical malpractice.

This dysfunctional situation (medical chaos or yinao) has persisted for more than two decades. Today, parents in China discourage their children from attending medical school because practicing medicine is too dangerous.

Reforming Chinese medical malpractice law will be difficult. Many factors contribute to the public’s lack of ...


Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval 2020 St. Mary's University

Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval

St. Mary's Journal on Legal Malpractice & Ethics

The prosecutor acts as a minister of justice with sweeping discretion to charge an individual with a crime, plea a case in a manner supported by the strength of the evidence, proceed to trial on a case, and even dismiss a case. He must balance the interest of the victim, the community, and the constitutional rights of the accused in every decision he makes.

This article will explore the role of the American prosecutor and discuss various ethical issues encountered on a daily basis. After a brief introduction, the author will succinctly discuss the history of the prosecutor and will ...


Ethical Limitations On Lawyer-To-Lawyer Online Consultations Regarding Pending Cases, Robert Derner 2020 St. Mary's Journal on Legal Malpractice & Ethics

Ethical Limitations On Lawyer-To-Lawyer Online Consultations Regarding Pending Cases, Robert Derner

St. Mary's Journal on Legal Malpractice & Ethics

This comment explains how and when lawyer-to-lawyer consultations are permitted in the online world. In all lawyer-to-lawyer consultations, but especially with the online variety, a lawyer must avoid violating the principle of confidentiality when consulting other lawyers about client matters. While in-person lawyer-to-lawyer consultations have been commonplace in the legal profession for decades, the rise of listservs and social media networks has caused many lawyers to seek advice from colleagues on the Internet.

In considering online lawyer-to-lawyer consultations, there are two major issues. Firstly, a lawyer must determine whether the jurisdiction in which he or she practices permits online lawyer-to-lawyer ...


Securing Technological Privacy: Modernizing The Texas Disciplinary Rules Of Professional Conduct To Protect Electronic Data, Ashley "Nikki" Vega 2020 St. Mary's University School of Law

Securing Technological Privacy: Modernizing The Texas Disciplinary Rules Of Professional Conduct To Protect Electronic Data, Ashley "Nikki" Vega

St. Mary's Journal on Legal Malpractice & Ethics

This comment explains how and why the Texas Disciplinary Rules of Professional Conduct (the “Texas Disciplinary Rules”) should be updated to reflect the modernization of technology. Lawyers must keep abreast of changes in the law and its practices; including those which are technological in nature. The American Bar Association (the “ABA”) recently amended the “technology provisions” of its Model Rules of Professional Conduct (the “Model Rules”); namely Rule 1.1 “Competence” and Rule 1.6 “Confidentiality of Information” in order to keep up with the benefits and risks associated with technology in the legal profession. Additionally, over half of all ...


Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark Cochran 2020 St. Mary's University School of Law

Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark Cochran

St. Mary's Law Journal

Abstract forthcoming


Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe II 2020 United States Marine Corps

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming


Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr. 2020 St. Mary's University School of Law

Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.

St. Mary's Law Journal

Abstract forthcoming


Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone 2020 St. Mary's University School of Law

Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone

St. Mary's Law Journal

Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change ...


Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes 2020 Holmes PLLC

Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes

St. Mary's Law Journal

Abstract forthcoming.


Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita 2020 Royal Melbourne Institute of Technology University

Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita

Dignity: A Journal on Sexual Exploitation and Violence

In late 2016 a feminist movement against problems of commercial sexual exploitation, and especially issues of coerced pornography filming, arose in Japan. This article describes the history of this movement as it mobilized to combat human rights violations perpetrated by the country’s pornographers. The movement’s success came not spontaneously or haphazardly; in fact, it was orchestrated earlier over a full decade-and-a-half by activists who persevered in researching and highlighting pornography’s harms in a civil environment of hostility, isolation and social derision, even among progressive groups and individuals. The Anti-Pornography and Prostitution Research Group (APP) was particularly prominent ...


Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. McLaughlin 2020 Florida A&M University College of Law

Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. Mclaughlin

Documents

No abstract provided.


The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro 2019 St. Mary's University School of Law

The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro

The Scholar: St. Mary's Law Review on Race and Social Justice

Federal law mandates that wage earning undocumented immigrants pay taxes. Like all U.S. citizens and legal permanent residents, undocumented immigrants are not exempt from tax obligations solely because of their immigration status in the country. It seems like federal immigration laws are punishing undocumented immigrants for their unlawful presence in the United States, while federal tax laws praise and encourage their continued tax reporting. The Supreme Court’s opinion in Department of Commerce v. New York effectively ended the attempt to get a citizenship question on the 2020 Census, but it by no means closed the door on future ...


Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello 2019 The Immigration Hub

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform ...


Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez 2019 The Estate of Christopher Mendez

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s ...


Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton 2019 William & Mary Law School

Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

Faculty Publications

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs ...


Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman 2019 Brooklyn Law School

Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman

Journal of Law and Policy

As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal ...


Shoring Up The Hear Act: Proposed Amendments To Federal Legislation Designed To Assist Heirs And Claimants Of Nazi-Looted Art, Alexander Hull 2019 Brooklyn Law School

Shoring Up The Hear Act: Proposed Amendments To Federal Legislation Designed To Assist Heirs And Claimants Of Nazi-Looted Art, Alexander Hull

Journal of Law and Policy

From 1933 to 1945, Nazi German forces executed a mass campaign of property confiscation, stealing as many as 600,000 pieces of art, including paintings, tapestries and sculptures from museums and private collections across Europe. It is estimated that some 300,000 pieces of art are still missing or are currently in the possession of someone other than the so-called “true” owner, based on reviews of Nazi documentation conducted by the Jewish Restitution Organization. While Nazi art looting has been regarded as “dehumanizing,” “self-advancing” and concomitant with the Nazi regime’s larger genocidal crusade, restitution in this context has been ...


Economic And Social Rights Force Us To Pressure A Return To The State, Katharine G. Young 2019 Boston College Law School

Economic And Social Rights Force Us To Pressure A Return To The State, Katharine G. Young

Boston College Law School Faculty Papers

In 2014, five-year old South African Michael Komape fell through a broken toilet—a rudimentary pit outfitted by his school—and drowned. His case was taken up by “SECTION27”, a social justice organization in South Africa, which campaigns for constitutional rights to dignity, equality, education, health care, social assistance, food and water (the latter rights are entrenched in the Constitution’s section 27). Pursuing both a #JusticeForMichael political campaign and litigation, SECTION27 won its argument about government liability, but failed in securing a remedy for Michael’s traumatized family.

The Komape case is emblematic of the complex interaction that can ...


Unlimited Liability For Banks: Deposits As Fraudulent Transfers, Katherine Zampas 2019 St. Mary's University

Unlimited Liability For Banks: Deposits As Fraudulent Transfers, Katherine Zampas

St. Mary's Law Journal

One of a trustee’s most valuable resources in bankruptcy proceedings is his avoidance powers. A trustee is charged with the duty to recover and recapture any property wrongfully removed from the estate by way of fraudulent transfer or preference. In some cases, a trustee has attempted to treat a debtor’s deposit into a bank account as a transfer, rendering it subject to his avoidance powers. Such a result will leave banks collaterally responsible as a transferee for a debtor’s conduct despite their lack of culpability and control over the funds.

The definition of transfer within the Bankruptcy ...


Should Affirmative Action Public Contracts Constitute Government Benefits? Calculating Procurement Fraud Loss Under Section 2b1.1(B)(1), Adam Kwon 2019 Notre Dame Law School

Should Affirmative Action Public Contracts Constitute Government Benefits? Calculating Procurement Fraud Loss Under Section 2b1.1(B)(1), Adam Kwon

Notre Dame Law Review Reflection

Congress has established a program (the section 8(a) program) that, despite having taken various forms over the years, has worked to benefit disadvantaged business entities and, by extension, the socioeconomically disadvantaged individuals who run them by setting aside and awarding to those entities opportunities to perform on certain designated public contracts. Occasionally, people either lie ex ante or fail to fulfill obligations ex post in order to fraudulently procure these section 8(a) contracts (i.e., they commit procurement fraud).

This fairly esoteric area of the law is disoriented by a circuit split over how to sentence such white-collar ...


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