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Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, CHAN, Gary Kok Yew 2017 Singapore Management University

Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, Chan, Gary Kok Yew

Research Collection School Of Law

This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated ...


Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger 2017 Santa Barbara College of Law

Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger

Robert M. Sanger

Every trial lawyer who is handling a capital case in California or who has handled a capital case for which the decision of the California Supreme Court is not final on a pending habeas corpus petition, needs to be aware of certain specific duties and strategies required by The Death Penalty Reform and Savings Act of 2016,1 Proposition 66, enacted by the voters2 on November 8, 2016.3 The Act imposes new duties on capital trial counsel following a judgment of death, will require more prompt discharge of other duties and may even present an opportunity. While the article ...


The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2017 Queensland University of Technology

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


Closing Remarks: Law And Inequality After The Crisis, David Singh Grewal 2017 Yale Law School

Closing Remarks: Law And Inequality After The Crisis, David Singh Grewal

Yale Law & Policy Review

I am honored to have been asked to give the closing remarks to what has
been an inspiring and insightful conference, and humbled to do so before so many respected friends and colleagues.
I think my most important duty before doing so is to thank the truly amaz­ing students who conceived of and executed this conference from start to finish: Brian Highsmith, Lina Khan, Urja Mittal, and Jake Struebing, and also all of the student moderators too.
I also want to thank all the marvelous panelists who traveled from far and near to be here with us. It has ...


From Economic Inequality To Economic Freedom: Constitutional Political Economy In The New Gilded Age, K. Sabeel Rahman 2017 Assistant Professor of Law, Brooklyn Law School

From Economic Inequality To Economic Freedom: Constitutional Political Economy In The New Gilded Age, K. Sabeel Rahman

Yale Law & Policy Review

We live in a new Gilded Age. In the years since the 2008 financial crisis, it
has become increasingly clear that income inequality is widening dramatically, and that social mobility and genuine economic opportunity are an illusion for most Americans. Such economic inequality magnifies and interacts with chron­ic crises of structural racial injustice and persisting political dysfunction. The urgency of this moment is reflected not only in the virulent exclusionary
popu­lisms resurgent on the right, but also in the wide array of social movements and reform communities mobilizing on the left: from alternative labor organizing among low-wage and ...


Two Narratives Of Platform Capitalism, Frank Pasquale 2017 Professor of Law at the University of Maryland

Two Narratives Of Platform Capitalism, Frank Pasquale

Yale Law & Policy Review

Mainstream economists tend to pride themselves on the discipline's
resem­blance to science. But growing concerns about the reproducibility of economic research are undermining that source of legitimacy. These concerns have fueled renewed interest in another aspect of economic thought: its narrative nature. When presenting or framing their work, neoliberal economists tend to tell sto­ries about supply and demand, unintended consequences, and
transaction costs in order to justify certain policy positions. These stories often make sense, and warn policymakers against simplistic solutionism.


Law And Economics: Contemporary Approaches, Martha T McCluskey, Frank Pasquale, Jennifer Taub 2017 Professor of Law and William J. Magavern Fellow, University at Buffalo, State University of New York

Law And Economics: Contemporary Approaches, Martha T Mccluskey, Frank Pasquale, Jennifer Taub

Yale Law & Policy Review

With a new project entitled Law and Economics: Contemporary Approaches,
we hope to liberate casebook examples of economic analysis of law from their current cramped confines. While law and economics associations increasingly feature empirical work in their annual conferences, casebooks in property, torts, contracts, and other core legal subjects all too often feature simple models of economic activity developed decades ago.' While new ways of thinking about
finance, health care, and privacy have developed rapidly in the past few decades (and particularly after the global financial crisis of 2008), casebooks all too often
rely on simple models of market-driven supply ...


Constitutional Economic Justice: Structural Power For We The People, Martha T. McCluskey 2017 Professor of Law and William J. Magavern Fellow, University at Buffalo, State University of New York

Constitutional Economic Justice: Structural Power For We The People, Martha T. Mccluskey

Yale Law & Policy Review

It is time for an ambitious constitutional vision of economic justice.1 Since
the end of the Lochner era, the prevailing constitutional narrative has taught that the Constitution generally should leave economic policy decisions to the legislative and executive branches. That structural theory treats economic jus­ tice as discretionary, separate from and subordinate to fundamental constitu­tional protections for political and civil justice. At most, that narrative supports constitutional protections against economic inequality as narrow
exceptions subject to careful scrutiny and constraint.


Uncivil Procedure: How State Court Proceedings Perpetuate Inequality, Hannah Lieberman 2017 Associate Dean for Clinical and Experiential Programs at the David A. Clarke School of Law of the District of Columbia

Uncivil Procedure: How State Court Proceedings Perpetuate Inequality, Hannah Lieberman

Yale Law & Policy Review

Rules of civil procedure presuppose a level playing field where litigants have
structured opportunities to develop and present their claims to a neutral fact­ finder. In millions of cases-the vast majority processed by state courts today­ the field is neither level nor fair. Instead, enormous numbers of small dollar value cases are disposed of mechanically, without meaningful adjudication. High-volume state court dockets involve serious asymmetries of power and
knowledge, where plaintiffs' lawyers are able to manipulate or short-circuit the
rules against unrepresented and generally unsophisticated low-income defendants.


Needing And Fearing Billionaires In Cities Abandoned By Wealth, Michelle Wilde Anderson 2017 Professor of Law and Robert E. Paradise Faculty Fellow for Excellence in Teaching and Research at Stanford Law School

Needing And Fearing Billionaires In Cities Abandoned By Wealth, Michelle Wilde Anderson

Yale Law & Policy Review

"Heck, we invented the middle class," wrote journalist Mitch Albom of Detroit in its heyday.' Today, the city is inventing something else entirely. A small group of
billionaires is leading what surely must be the largest privately fi­nanced urban transformation in American history. Detroit's new model for growth is premised on radical inequality, and it may well perpetuate it too. Is it good news anyway?


Old Dog, New Tricks: Title Vi And Teacher Equity, Noah B. Lindell 2017 Yale Law School

Old Dog, New Tricks: Title Vi And Teacher Equity, Noah B. Lindell

Yale Law & Policy Review

What can the law do to improve teacher quality? In answering this question, one can be forgiven for thinking about regulation rather than litigation. At the federal
level, most litigation-heavy education laws are antidiscrimination statutes, focused on protecting certain categories of students rather than on enforcing high teaching standards. Meanwhile, teacher quality has become a central aspect of education "policy" statutes. Lax teacher preparation standards and poor hiring policies, in particular, create challenges for the education
sys­ tem. Good teachers not only increase students' scores on standardized tests; they also can lower students' teen pregnancy rates, increase their likelihood of ...


Thoughts On The Unification Of U.S. Labor And Employment Law: Is The Whole Greater Than The Sum Of The Parts, Craig Becker 2017 General Counsel, AFL-CIO

Thoughts On The Unification Of U.S. Labor And Employment Law: Is The Whole Greater Than The Sum Of The Parts, Craig Becker

Yale Law & Policy Review

As the need for fundamental reform of our nation's labor laws has grown more and more evident since the 1970s, major reform efforts have focused narrowly on adjusting the provisions of the National Labor Relations Act (NLRA), but have repeatedly foundered amidst intense polarization over tipping the existing "balance" between labor and management.' At the same time, at the federal, state, and, increasingly, municipal levels, U.S. labor laws governing worker organization and collective bargaining have been surrounded by a growing thicket of other laws governing the workplace.


The Right Of Refusal: Immigration Enforcement And The New Cooperative Federalism, Spencer E. Amdur 2017 Trial Attorney, U.S. Department of Justice, Federal Programs Branch.

The Right Of Refusal: Immigration Enforcement And The New Cooperative Federalism, Spencer E. Amdur

Yale Law & Policy Review

In recent years, immigration enforcement has provoked conflicts among almost every level and branch of American government. Some disputes are hor­ izontal: between the President and Congress, governors and state legislatures, sheriffs and boards of supervisors. Others are vertical: between states and feder­al agencies, the President and governors, states and localities. Many of the
con­stitutional questions posed by these conflicts have entered the courts
and spawned large academic literatures. But at least one has not: federal power to enlist state and local aid.


The Right Of Refusal: Immigration Enforcement And The New Cooperative Federalism, Spencer E. Amdur 2017 Trial Attorney, U.S. Department of Justice, Federal Programs Branch

The Right Of Refusal: Immigration Enforcement And The New Cooperative Federalism, Spencer E. Amdur

Yale Law & Policy Review

In recent years, immigration enforcement has provoked conflicts among almost every level and branch of American government. Some disputes are horizontal: between the President and Congress, governors and state legislatures, sheriffs and boards of supervisors. Others are vertical: between states and federal agencies, the President and governors, states and localities. Many of the constitutional questions posed by these conflicts have entered the courts and spawned large academic literatures. But at least one has not: federal power to enlist state and local aid.


Coughing Up Executives Or Rolling The Dice: Individual Accountability For Corporate Corruption, Sharon Oded 2017 Professor of Corporate Compliance and Enforcement, Erasmus University Rotterdam, the Netherlands

Coughing Up Executives Or Rolling The Dice: Individual Accountability For Corporate Corruption, Sharon Oded

Yale Law & Policy Review

Anti-bribery enforcement continues to intensify on a global scale. More than ever before, multinational corporations currently face high financial and reputational risks relating to bribery and other corrupt practices. These increasing risks result predominantly from an escalating enforcement of the U.S. Foreign Corrupt Practices Act (FCPA). This escalation is clearly demonstrated by an increase in the ticket price of FCPA actions in recent years: in 2014, for instance, companies paid on average more than $150 million to resolve FCPA cases. This value is about seven-and-a-half times higher than the average total value of monetary resolutions of corporate FCPA cases ...


From The Regulatory Abyss: The Weakened Gatekeeping Incentives Under The Uniform Securities Act, Marc L Steinberg, James Ames 2017 Rupert and Lillian Radford Professor of Law, SMU Dedman School of Law

From The Regulatory Abyss: The Weakened Gatekeeping Incentives Under The Uniform Securities Act, Marc L Steinberg, James Ames

Yale Law & Policy Review

Under the Uniform Securities Act (Act or USA), in-house accountants, analysts, attorneys, and other inside gatekeepers may be held responsible for running afoul of the secondary liability provisions of the USA, while their outside counterparts will escape liability. As a result, an inherent inequity in treatment exists between inside and outside actors in private state securities litigation.


Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi 2017 Barry University School of Law

Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi

Barry Law Review

No abstract provided.


Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic 2017 Barry University School of Law

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic

Barry Law Review

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert 2017 University of New Mexico

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman 2017 University of New Mexico

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


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