Law Commons^™

Searching For Justice: Moving Towards A Trans Inclusive Model Of Access To Justice In Canada, Evan Vipond, Pierre Cloutier De Repentigny

Dalhousie Law Journal

Access to justice literature has paid little attention to the role of gender identity and gender expression as barriers to justice that must be addressed. As a marginalized and disenfranchised population, trans and gender nonconforming people experience specific barriers to justice that cisgender people typically do not. This paper seeks to address the gap in access to justice literature by attending to specific barriers to justice that trans people face in Canada. These barriers include socioeconomic inequalities; exclusion from the legal system; sex/gender certification and bigenderism within the legal system; and transphobia and cissexism within the legal system. Calling for …

Informing The Debate On Lowering The Criminal Rate Of Interest, Gail Henderson, Katlin Abrahamson

Dalhousie Law Journal

Canada has two markets for consumer credit. Consumers with middle to high incomes can draw on ‘mainstream’ forms of credit at reasonable interest rates, such as lines of credit and credit cards issued by chartered banks. Consumers living on low to moderate incomes, who also may have a poor credit score or no credit history, often find themselves pushed to high-cost credit products, such as instalment loans issued by alternative financial services providers. The effective annual interest rate on instalment loans can run up to the maximum permitted under section 347 of the Criminal Code. Anything above this constitutes a …

A Time Keeping Exercise For Law Students Using Excel, Jennifer L. Dubetz

Faculty & Staff Scholarship

John Lennon sang, “Life is what happens to you while you're busy making other plans”. How do Law students plan and spend their time? The Time Keeping Exercise was created to help our Lawyers as Leaders students find out. This poster will discuss how the Library got involved to bring to life the professor’s vision of a standardized time keeping system complete with data analysis and a respect for student privacy. Learn how we created our Excel Spreadsheet, the problems encountered, solutions discovered, and the improvements made though five years of the Time Keeping Exercise. Additionally, the Time Keeping Exercise …

A Market Mechanism For The Creation Of A Climate-Differentiated Market In The Steel Industry, Laura Garcia Cancino, Perrine Toledano

Columbia Center on Sustainable Investment

The heavy industry sector, a significant contributor to global CO2 emissions, is at a critical juncture. Accounting for 25% of total CO2 emissions annually, this sector is poised to see an increased demand for materials through 2050, particularly from developing countries focused on infrastructure expansion and transitions toward net-zero emissions. However, the sector's dependency on high-emission technologies, notably in steelmaking, underlines the pressing need for a swift and decisive shift to low-emission alternatives.

Our latest publication under the COMET initiative, A Market Mechanism for the Creation of a Climate-differentiated Market in the Steel Industry, introduces a twofold market mechanism specifically …

Smile Brighter, Michigan: Inside The Mda Public Education Campaign, Rich Evans

The Journal of the Michigan Dental Association

The Michigan Dental Association's (MDA) Public Education Campaign, active for over three decades, aims to improve oral health and encourage visits to MDA-member dentists across Michigan. Funded by member dues, the campaign uses digital advertising and the smilemichigan.com website to educate the public. Key initiatives include the Find-A-Dentist tool, the "Healthy Mouth, Healthy Body" program, and various community outreach efforts. Upcoming features include the "Story Behind Every Smile" campaign, highlighting personal stories about the impact of dental health. By promoting proactive oral care, the MDA supports better overall health for Michigan residents.

Sandbagging In Canadian Law And Practice, Camden Hutchison

All Faculty Publications

In the language of mergers and acquisitions, “sandbagging” refers to situations in which a buyer brings an indemnification claim for a breach of the seller’s representations and warranties that the buyer was aware of prior to closing. In contractual negotiations, sellers often argue that sandbagging allows unscrupulous buyers to reduce the agreed-upon purchase price by abusing the indemnification mechanism. For their part, buyers argue that sandbagging can protect their legitimate contractual interests, particularly in cases where a seller seeks to dispute a valid indemnification claim. This tension between buyers and sellers is heightened by the fact that the legal status …

The Mda Forensic Dental Team Needs More Volunteers, Patrick Houlihan Dds

The Journal of the Michigan Dental Association

The Michigan Dental Association Forensic Dental Identification Team (MDA-FDIT) urgently needs more volunteers. In this article, learn of their impressive record of service to the public and the profession, which has been widely recognized for the important role it plays in the identification of both individual victims and those of mass disasters. Formed in the early 1980s, MDA-FDIT plays a crucial role in identifying disaster victims using dental records. The team has been instrumental in identifying victims from incidents like the 1987 Northwest Flight 255 crash and has assisted in various mass-casualty situations, including 9/11 and Hurricane Katrina. MDA-FDIT works …

Mda Services: Five Tips To Recruit, Retain Good Employees, Reva Darling

The Journal of the Michigan Dental Association

In a competitive labor market, retaining and recruiting dental staff is challenging. Key strategies include offering health insurance, pre-tax benefit options, and retirement plans, which attract long-term employees. Providing vision insurance and discounts on auto and home insurance can further enhance employee satisfaction. Updating pay scales and utilizing temporary services like Stynt can also aid in filling staff positions.

Mda At Your Service: How Can I Protect My Practice From Cybercrime?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

Cybercrime poses a significant threat to dental practices. To safeguard against attacks, the federal Cybersecurity and Infrastructure Security Agency recommends educating employees on phishing, enforcing strong passwords, requiring multifactor authentication, and updating software regularly. Additional resources include Complete Dental IT for security assessments and MDA Insurance for cyber liability policies. Further support for dental practices includes the transferability of MDA Radiography Training vouchers, using specialized CPA firms for better financial insights, and guidance on insurance network decisions for hiring associates.

Dentistry And The Law: Unpaid Internships In Your Office: What You Should Know, Daniel Schulte Jd

The Journal of the Michigan Dental Association

A reprint of a previous Journal column, Mr. Schulte discusses how unpaid internships require careful legal consideration. Interns must primarily benefit educationally from their tasks to avoid being classified as employees, necessitating compensation. Office work typically performed by employees must not be assigned to interns. Patient consent is required to observe dental procedures, and interns must receive HIPAA training. Exposure to hazardous materials should be avoided, adhering to laws like Michigan’s Occupational Safety and Health Act. Proper training and task limitations ensure compliance and a beneficial internship experience.

Look To Your Ada, Mda For Health, And Wellness Help, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

This month, MDA Journal Editor Michelle C. Dziurgot, DDS, highlights dentists' mental health challenges, emphasizing the support available through the ADA and MDA. She references a 2021 survey showing high depression rates among dentists and lists depression symptoms. The ADA provides resources and a confidential health and wellness program. Similarly, the MDA offers the Member Assistance Program with counseling services for dentists and their families. Dziurgot urges dentists to seek help and not ignore their feelings, noting the persistent stress from the pandemic and the importance of utilizing available support.

Staff Matters: Supporting Working Parents As A Recruitment And Retention Strategy, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Supporting employees who are parents is essential. Harvard data shows 73% of employees have caregiving responsibilities, highlighting the need for proactive strategies. First, communicate with employees to understand their needs for flexibility. Consider offering flexible schedules, part-time roles, and on-call staff to manage absences. Partnering with local childcare providers for sick coverage and allowing children at work occasionally can also help. Clear communication and defined parameters for flexibility are crucial. Implementing these strategies can build a supportive culture, enhancing employee retention and commitment.

The New Professional: The Important Role Of Organized Dentistry In Early Career Success, Amrita Patel Dds

The Journal of the Michigan Dental Association

As a new dentist, navigating the professional world requires more than clinical skills; involvement in organized dentistry is crucial. It fosters personal and professional growth, provides continuous learning through seminars and workshops, and offers networking and mentorship opportunities. Additionally, it serves as a collective voice advocating for the profession’s interests, influencing policies, and fostering leadership development. Membership grants access to practice resources and support services, helping new dentists navigate challenges and build successful careers. Ultimately, organized dentistry creates a supportive community, essential for early career success.

J Mich Dent Assoc July 2024

The Journal of the Michigan Dental Association

Every month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists.

The July issue of the Michigan Dental Association (MDA) journal focuses on the member and public value of the association's Public Education Campaign through a cover story "Smile Brighter Michigan!". It also features articles on:

• How to get value from your MDA membership

• Joining the MDA Forensic Dental Team

• A new professional column, News you need, an editorial and regular department articles covering MDA …

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  Go to article

Negotiating Police Reform, Cynthia Alkon

Faculty Scholarship

In the summer of 2020, after the murder of George Floyd, the national conversation around police reform intensified and was part of a conversation with students at Texas A&M University School of Law. Students wanted more discussion and teaching about police, police misconduct, police reform, and defunding the police. Following those discussions, I created a simulation on local level police reform that, as of this writing, I have used twice in my negotiation class. Simulations are helpful teaching tools in a variety of settings, including law schools. Simulations can be particularly useful to help students discuss difficult topics in different …

Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose

Faculty Scholarship

The evolution of rights following Obergefell is not over. Creative 303 LLC marked a new phase in the ongoing legal challenges over the rights and ceremonies attending same-sex marriage. This Essay addresses the anticipated limits of 303 Creative LLC.

The Essay proceeds in three parts. First, how does 303 Creative LLC impact government employees? What rights, if any, should government employees be able to raise in light of 303 Creative LLC? Second, what does 303 Creative LLC mean for private marketplace vendors engaging in expressive commerce? Vendors, particularly wedding vendors, often create unique items for weddings. Will the law focus …

The President’S Foreign Affairs Power Over Personal Data, Anupam Chander, Paul M. Schwartz

Georgetown Law Faculty Publications and Other Works

This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.

From Csr And Tbl To Esg And The Sdgs: Roots From Resistance To Regularization, Becky L. Jacobs

Scholarly Works

In 2021, the New Republic published an article entitled The End of Friedmanomics that described the rise and fall of the influence of 1976 Nobel Prize winning economist Milton Friedman.1 Most recall Friedman’s normative shareholder primacy theory, which posited that the social responsibility of business is to increase its profits and maximize returns to shareholders; most forget that Friedman heaped particular scorn on the precursor to Environmental, Social, and Governance (ESG), the doctrine of social responsibility, calling it a “‘fundamentally subversive doctrine’ in a free society.”2 Despite Friedman’s opinion on corporate social responsibility (CSR), many have expressed strong reservations regarding …

Mitigating Algorithmic Bias: Strategies For Addressing Discrimination In Data, Sonia Gipson Rankin

Faculty Scholarship

This article examines the pervasive issue of algorithmic bias, particularly within large language models (LLMs) and the legal system. It argues that unlike simple programming bugs, these biases are deeply ingrained in the design and training data of artificial intelligence (AI) systems. By understanding the historical roots of bias and its realworld consequence across various sectors, we can develop effective strategies to mitigate its impact and ensure AI serves as a tool for progress. Weaving together historical insights, case studies, and forward-looking recommendations, the article aims to equip legal professionals with the knowledge and tools necessary to lead the charge …

Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa

Journal of Private International Law Studies

This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …

Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo

Journal of Private International Law Studies

Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …

Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan

Journal of Private International Law Studies

Legalization through Apostille should simplify the legalization process, doing activities abroad and improving Indonesian economic quality. Legalization is a series of procedures performed to authenticate a signature, stamp or seal which aims to provide a valid status for a public document. The legalization process in Indonesia consists of two steps, namely legalization at the Ministry of Law and Human Rights after which legalization is carried out at the Ministry of Foreign Affairs. Furthermore, the document is shown to the representative of the country intended for legalization. In practice, the legalization process mostly carried out by various agencies in Indonesia, this …

Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah

Journal of Private International Law Studies

Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …

Suitability Of Goods: Obligations Of The Parties In International Sales And Purchases Case Study Of The Borecene Sales And Purchase Contract Between Kingspan (England) And Borealis (Denmark), A.D. Agung Sulistyo, Hanna Adistyana Hefni

Journal of Private International Law Studies

Globalization, which has contributed to the proliferation of international buying and selling activities, necessitates legal unification to overcome differences in the rules for buying and selling contracts enshrined in national law. Using normative legal research methods and focusing on aspects of the parties' obligations in international sales and purchase contracts, this paper compares the rules contained in Indonesia's Civil Code (KUHPerdata) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The case of a sales-purchase contract dispute between a British company group and a Danish trading company was also investigated in order to gain a …

The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi

Journal of Private International Law Studies

Indonesia and Singapore are among the ASEAN members and ready to welcome the implementation of the ASEAN Economic Community. The ASEAN Economic Community itself has been planned for a long time and the aim of establishing the ASEAN Economic Community is so that countries that are within ASEAN membership can face the problems of trade and economic activities on a large and global basis. This will certainly increase the number of cross-border transactions and investments between these two nations and other members of the ASEAN community. In reality, the cross-border transactions and investments also involve the Legal Entities and Natural …

Judicial Power And Potential Unconstitutionality: A Scholastic Perspective, Kevin C. Walsh

Catholic University Law Review

This essay is an exercise in constructive retrieval of the traditional American understanding of judicial power with respect to judicial disregard of potentially unconstitutional laws when identifying rules of decision in constitutional adjudication.

This retrieval makes use of the act/potency distinction from Scholastic philosophy, Thomas Aquinas’s distinction between ius and lex, and John Marshall’s canonical account of the judicial application of the Constitution as a rule of decision in Marbury v. Madison to diagnose the cause of contemporary severability doctrine’s problems and to identify a basic framework for replacement doctrine.

I contend that the doctrinal pieces for the replacement …

Masthead

UC Law Business Journal

No abstract provided.

From Data Co-Opting To Data Co-Oping: Using New Corporate Structures, Data Corporate-Hood, And Data Personhood To Prioritize Data Privacy, Jonathan Askin

UC Law Business Journal

The stakes of information ownership and control have risen dramatically since the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, after which tens of millions of people in the United States recognized that companies harvest massive swathes of data incidental to our activities and that seemingly innocuous information, such as rideshare or location data, credit card payments, or even monthly cyclical health trackers (i.e., menstruation or birth control) could potentially expose them to civil or criminal liability when linked to a chain of causation in jurisdictions penalizing voluntary abortion.2 Data scientists recognize the scale, scope, and massive power …

Stock-Based Compensation In Startups: Employee Implications & Potential Solutions, Alec Galustian

UC Law Business Journal

Stock-based compensation remains prevalent in the United States private market, particularly among high-growth private companies, yet concerns persist regarding its potential drawbacks. This paper focuses on stock-based compensation in startup companies, delving into the legal frameworks behind the practice and identifying regulatory gaps. It examines well-known advantages of stock-based compensation, common misconceptions, and highlights its many disadvantages, primarily from the perspective of a startup employee. These drawbacks stem from the lack of private company disclosure obligations, illiquidity and lock-in concerns, and regulatory changes favoring the private market. This paper also explores a trend in the SEC’s tone toward increased regulation …

The Ethics Of Artificial Intelligence, Justice Gordon Goodman

UC Law Business Journal

No abstract provided.