Digital Commons Network^™

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

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It is axiomatic that defamation law protects reputation This proposition"”common sensical pervasive and influential"”is wrong But it is wrong in a very instructive way and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence defamation law and the regulation of falsehoods across legal fields brbrThe key fallacy is the failure to recognize that laws not only affect how individuals behave but also how they think Whenever an allegation is made individuals decide whether and how much to trust it based on myriad factors One such factor is the strictness of defamation laws To the extent …

Consumer Activism: From The Informed Minority To The Crusading Minority Twenty-Fifth Annual Clifford Symposium On Tort Law And Social Policy: Rising Stars: A New Generation Of Scholars Looks At Civil Justice: Articles & Essays, Yonathan A. Arbel, Roy Shapira

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No abstract provided.

Antebellum And Postbellum Testamentary Transfers In Three Kentucky Counties Symposium: Empirical Analysis Of Wealth Transfer Law, Alberto B. Lopez

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This Article analyzes wills and inventories probated in three Kentucky counties, Boone, Woodford, and Wayne Counties, between 186 and 187. The results of the study show that married women in the three counties generally did not execute wills during the sample period, which is an expected result given the testamentary limitations imposed upon married women by Kentucky law. Despite dual encumbrances imposed by common and statutory law during the sample period, legislative and judicial action before, during, and after the sampled decade illustrates the advance of women's property rights in Kentucky. The Kentucky General Assembly passed a number of private …

Black Market Law Firms, Casey E. Faucon

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In business and in competition, value exists in striking first. Accountants, the so- called hawks of the professional world, have made the first move. In September 217, the global accounting giant PwC opened a law firm in Washington, D.C. called ILC Legal. ILC Legal not only provides legal services on non-domestic matters, but also acts as a multidisciplinary provider (MDP) and offers other professional services, such as tax-planning, business consulting, and marketing, throughout its ninety-country network. In June 218, Deloitte quickly followed suit, the second of the Big Four accounting firms to enter the U.S. MDP market, partnering with a …

Rodrigo And Ressentiment "I Don't Want It If You Are Going To Get It, Too" -- Why Classical Economic And Political Theory Fails To Explain The Obamacare Vote, But Legal Realism And Cls Can, Richard Delgado

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No abstract provided.

Children's Rights To A Livable Future, Richard Delgado

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No abstract provided.

Innovation Agents, Mirit Eyal-Cohen

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The standard narrative of entrepreneurship is one of self-employed creative individuals working out of their garage or independently owned start-up companies. Intrapreneurship--where employees are responsible for being alert to new opportunities inside firms--is another model for developing innovations. Relatively little is known, however, about the latter process through which large, complex firms engage in groundbreaking corporate entrepreneurship. This Article's focus is on these types of innovation agents. It provides a thorough account of the positive and negative spillovers of intrapreneurial firms while making the following key points: First, intrapreneurial companies utilize their economies of scale, scope, and age to deliver …

Applying The First Amendment To The Internal Revenue Code: Minnesota Voters Alliance And The Tax Law’S Regulation Of Nonprofit Organizations’ Political Speech, Edward A. Zelinsky

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On its face, Minnesota Voters Alliance v. Mansky is about which T-shirts, hats and buttons voters can wear at the polls. However, the U.S. Supreme Court’s First Amendment analysis in Minnesota Voters Alliance extends beyond apparel at polling places. That decision impacts the ongoing debate about the Johnson Amendment, the now controversial provision of the Internal Revenue Code which forbids Section 501(c)(3) organizations from intervening in political campaigns. Minnesota Voters Alliance also affects the proper construction of Section 501(c)(3)’s ban on lobbying by tax-exempt entities as well as other provisions of the tax law taxing and precluding campaign intervention by …

Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg

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Binaries are helpful but deceptive, and this may be particularly true of simplistic theological dichotomies purporting to show that the Talmud is "Nitpicking" and Christian Biblical understandings "Expansive", or that Jews believe in the "letter" and Christians in the "spirit", Jews in strict Justice and Christians in "mercy", etc. This essay, which focuses on the character of Shylock and the legalistic cruelty inflicted upon him by Venice's Christians, dissolves such Binaries, leaving in their wake greater clarity about the contrary need to "re-binarize" the falsely unified hyphenated adjective "Judaeo-Christian".

Taking Data, Michael C. Pollack

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Technological development has created new forms of information, altered expectations of privacy, and given law enforcement more tools to examine that information and intrude on that privacy. One crucial facet of these changes involves internet service providers (ISPs): as people expose more of their lives to their ISPs—all the websites they visit, people they communicate with, emails they send, files they store, and more—law enforcement efforts to access that data become more and more common. But scholars and policymakers alike recognize that the existing statutory frameworks governing those efforts are based on obsolete technology and strike balances that are difficult …

Armed Conflict At The Threshold, Deborah Pearlstein

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Seventeen years into the United States’ engagement in what America has controversially understood as a global, non-international armed conflict against a shifting set of terrorist groups, a growing array of scholars has called for a reassessment of the significance of the “armed conflict” classification under international humanitarian law (IHL). The existence of an “armed conflict” has long been understood as a proxy on/off switch of inescapable importance. When an “armed conflict” exists, lethal targeting—without regard to particular self-defensive need or immediacy of threat—is permitted as a first resort. When an “armed conflict” does not exist, it is not. Challenging the …

Getting Past The Imperial Presidency, Deborah Pearlstein

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In an age in which the “imperial presidency” seems to have reached its apex, perhaps most alarmingly surrounding the use of military force, conventional wisdom remains fixed that constitutional and international law play a negligible role in constraining executive branch decision-making in this realm. Yet as this Article explains, the factual case that supports the conventional view, based largely on highly selected incidents of presidential behavior, is meaningless in any standard empirical sense. Indeed, the canonical listing of presidential decisions to use force without prior authorization feeds a compliance-centered focus on the study of legal constraint rooted in long-since abandoned …

Comparing Wayfair And Wynne: Lessons For The Future Of The Dormant Commerce Clause, Edward A. Zelinsky

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A comparison of South Dakota v. Wayfair with Comptroller of the Treasury of Maryland v. Wynne indicates that the prospect of the Supreme Court jettisoning the dormant Commerce Clause altogether is unlikely. However, the justices who would abandon the dormant Commerce Clause can exercise decisive influence in particular cases as they did in Wayfair. The current Court’s dormant Commerce Clause skeptics – Justices Thomas and Gorsuch –provided the crucial fourth and fifth votes in Wayfair to overturn Quill.

It will continue to be rare for the Court to reverse its own dormant Commerce Clause decisions. Far from opening …

Constructive Trusts And Fraudulent Transfers: When Worlds Collide, David G. Carlson

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When Ponzi schemes collapse and enter into bankruptcy liquidation, bankruptcy trustees assume that conveyances made by the debtor for no consideration are fraudulent conveyances. This Article argues that they are not. Virtually all the assets held by a Ponzi scheme are held in constructive trust for the victims of the fraud. If victims of the fraud can trace the proceeds of their investments into property transferred to a third party, the third party holds the asset transferred in trust for the relevant victim. When a bankruptcy trustee characterizes the asset as a fraudulently conveyed asset, the trustee expropriates the asset …

Jurisliterature And Transgression, Peter Goodrich

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The jurisliterary profession is the curious enterprise of writing, as a jurist, about law. Many seek to escape into literature, philosophy, critique, psychoanalysis, the couch, but then, in the main, they have abandoned law. Those that persist, who remain jurists, have the propensity to transgress the boundaries of the juridical, the strictures of abstraction and disembodiment, so as to generate accounts of legal sensibility, so as to manifest the polyglottal and visceral potential of transforming the juridical bubble into that most ethical of realms, the poetics of desire. Jurisliterary transgression, at its strongest, returns the materiality of imagination to the …

Tribute To Judge Robert Katzmann, Peter L. Markowitz

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The article highlights Judge Robert Katzmann's transformative impact on immigrant access to legal counsel, particularly through the creation of the public defender system and the Immigrant Justice Corps. These initiatives have significantly improved outcomes for immigrants facing deportation, demonstrating the critical role of legal representation in ensuring justice. The programs have not only increased success rates for immigrants in court but also trained and retained a cadre of skilled immigration lawyers, setting a model for replication nationwide.

The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth

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Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …

Recovery Of Memory After Cerebral Artery Aneurysm Surgery, Ljiljana Pačić-Turk, Petra Jandrijevic, Ana Havelka-Meštrović

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The principal study objective was to define whether memory deficits (numerical, working, verbal-mechanical, verbal-logical and visual memory) occurred in patients submitted to surgery for brain artery aneurysm and whether significant recovery of memory took place with time. The study sample included 92 patients, i.e. 35 (38%) male and 57 (62%) female patients aged 27 to 76 years. Neuropsychological testing was conducted at Zagreb University Hospital Centre, Department of Neurosurgery, from 1998 to 2012, in two time intervals: first within 11 months following surgery, and then 12 to 48 months after surgery. The obtained results showed that verbal-mechanical, verballogical, and visual …

Home Sweet Home: How New York Courts Have Dealt With Daimler's "At Home" Requirement For General Jurisdiction, Burton N. Lipshie

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In this Article, we will first place the Daimler decision in its context, both historical and technological, in an attempt to understand the flow of Supreme Court jurisdiction jurisprudence, and how Daimler fits into that jurisprudence. Then, we will explore the issues in New York law that Daimler left open, and which, more than five years after it was decided, remain open, and, indeed, often confused.

"Sorry" Is Never Enough: How State Apology Laws Fail To Reduce Medical Malpractice Liability Risk, Benjamin Mcmichael, R. Lawrence Van Horn, W. Kip Viscusi

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Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, thirty-nine states (and the District of Columbia) have sought to reduce litigation and medical malpractice liability by enacting apology laws. Apology laws facilitate apologies by making them inadmissible as evidence in subsequent malpractice trials.

The underlying assumption of these laws is that after receiving an apology, patients will be less likely to pursue malpractice claims and will be more likely to settle claims that are filed. However, once a patient has been made aware that the physician has committed a medical error, …

Ecumenical Evangelical Legal Thought: The Contributions Of Robert F. Cochran, Jr. Overview: Robert Cochran As Scholar And Institutional Entrepreneur, William S. Brewbaker Iii

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No abstract provided.

Is Optometry Ready For Myopia Control? Education And Other Barriers To The Treatment Of Myopia, Saoirse Mccrann, Daniel Ian Flitcroft, James Loughman

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Background: With the increasing prevalence of myopia there is growing interest in active myopia control. However, the majority of progressive myopes are still prescribed single vision spectacles. This prospective study aims to elucidate the knowledge and attitudes of optometrists toward myopia control, and thereby identify perceived barriers to the implementation of a risk focussed model of myopia management.

Implementing A Two-Tiered Model Of Optometry Training In Mozambique As An Eye Health Development Strategy, Diane Van Staden, James Loughman, Kovin Naidoo

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Background: The global burden of vision impairment has been acknowledged by the World Health Organisation as a public health challenge. In order to scale up the production of eye health personnel in developing countries, a tiered model of optometry training was explored in Mozambique.

Imi – Myopia Control Reports Overview And Introduction, James S. Wolffsohn, Daniel Ian Flitcroft, Kate L. Gifford, Monica Jong, Lyndon Jones, Caroline C. W. Klaver, Nicola S. Logan, Kovin Naidoo, Serge Resnikoff, Padmaja Sankaridurg, Earl L. Smith Iii, David Troilo, Christine F. Wildsoet

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With the growing prevalence of myopia, already at epidemic levels in some countries, there is an urgent need for new management approaches. However, with the increasing number of research publications on the topic of myopia control, there is also a clear necessity for agreement and guidance on key issues, including on how myopia should be defined and how interventions, validated by well-conducted clinical trials, should be appropriately and ethically applied. The International Myopia Institute (IMI) reports the critical review and synthesis of the research evidence to date, from animal models, genetics, clinical studies, and randomized controlled trials, by more than …

Myopia Outcome Study Of Atropine In Children (Mosaic): An Investigator-Led, Double-Masked, Placebo-Controlled, Randomised Clinical Trial Protocol, Saoirse Mccrann, Daniel Ian Flitcroft, Niall C. Strang, Kathryn J. Saunders, Nicola S. Logan, Samantha Szeyee Lee, David A. Mackey, John Butler, James Loughman

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Background: The Myopia Outcome Study of Atropine in Children (MOSAIC) aims to explore the efficacy, safety, acceptability and mechanisms of action of 0.01% unpreserved atropine for myopia control in a European population. Methods: MOSAIC is an

A Review Of The Putative Causal Mechanisms Associated With Lower Macular Pigment In Diabetes Mellitus, Grainne Scanlon, James Loughman, Donal Farrell, Daniel Mccartney

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Macular pigment (MP) confers potent antioxidant and anti-inflammatory effects at the macula, and may therefore protect retinal tissue from the oxidative stress and inflammation associated with ocular disease and ageing. There is a body of evidence implicating oxidative damage and inflammation as underlying pathological processes in diabetic retinopathy. MP has therefore become a focus of research in diabetes, with recent evidence suggesting that individuals with diabetes, particularly type 2 diabetes, have lower MP relative to healthy controls. The present review explores the currently available evidence to illuminate the metabolic perturbations that may possibly be involved in MP’s depletion. Metabolic co-morbidities …

Applying The Practice–Based Method In Teaching Entrepreneurship: The Case Of The Msc In Business & Entrepreneurship At Tu Dublin, Anthony Paul Buckley

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‘Since we live in an age of innovation, a practical education must prepare a [wo]man for work that does not yet exist and cannot yet be clearly defined’ - Peter Drucker Following reviews of the relevant IEET (Innovation, Entrepreneurship Education & Training) literature and after assessing current thinking and practice in the domain, it was concluded that, in the absence of empirical evidence in favour of a particular pedagogical approach, that a portfolio of coordinated practice-based methods is an appropriate approach for developing value-based learning outcomes at this time (2019). These pedagogical approaches focus on students’ attempts to discover, create …

Emerging Food Processing Technologies And Factors Impacting Their Industrial Adoption, Anushree Priyadarshini, Gaurav Rajauria, Colm. P. O'Donnell, Brijesh K. Tiwari

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Innovative food processing technologies have been widely investigated in food processing research in recent years. These technologies offer key advantages for advancing the preservation and quality of conventional foods, for combatting the growing challenges posed by globalization, increased competitive pressures and diverse consumer demands. However, there is a need to increase the level of adoption of novel technologies to ensure the potential benefits of these technologies are exploited more by the food industry. This review outlines emerging thermal and non-thermal food processing technologies with regard to their mechanisms, applications and commercial aspects. The level of adoption of novel food processing …

The Power Of Ethical Investment In The Context Of Political Uncertainty, Lucia Morales, Amparo Soler-Dominguez, Jim Hanly

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In this paper we analyse a set of socially responsible investment (SRI) indices against their conventional counterparts in the US context. Using a data set that spans the Obama and Trump administrations, we aim to identify whether performance and volatility patterns differ when markets are exposed to political uncertainty and the Global Financial Crisis (GFC). The findings suggest that SRI indices underperform conventional indices, and that the S&P 500 has a significant impact on their behaviour. The CBOE’s Volatility Index (VIX), the US Equity Related Economic Uncertainty Index (EEUi) and the impact of the economic policy uncertainty index (EPUi) are …

Pitfalls In The Use Of Foreign Direct Investment Statistics, Clare O'Mahony, Frank Barry

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Foreign direct investment (FDI) statistics are widely used to study the impact of international capital movements and multinational enterprise (MNE) activities. FDI-intensity is also an important indicator of globalisation and economic integration. Datasets spanning long time periods and with broad country coverage have been employed in numerous studies to analyse various aspects of the determinants and consequences of FDI. Focusing on a relatively homogeneous group of six Western European EU countries, the present study finds major inconsistencies in the construction and coverage of these data both through time and across countries, leading to large discrepancies. Asymmetries will be far greater …