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Full-Text Articles in Law

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman Dec 2012

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Doug Rendleman

No abstract provided.


Forms For Use In Federal Courts, Robert C. Brown Dec 2012

Forms For Use In Federal Courts, Robert C. Brown

Dr Robert Brown

No abstract provided.


History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown Dec 2012

History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown

Dr Robert Brown

No abstract provided.


The New Annotated Federal Judicial Code, By James Love Hopkins; The New Federal Equity Rules, By James Love Hopkins, Robert C. Brown Dec 2012

The New Annotated Federal Judicial Code, By James Love Hopkins; The New Federal Equity Rules, By James Love Hopkins, Robert C. Brown

Dr Robert Brown

No abstract provided.


Court Procedure In Federal Tax Cases, Robert Brown Dec 2012

Court Procedure In Federal Tax Cases, Robert Brown

Dr Robert Brown

No abstract provided.


William B. Patterson Memorial Lecture: As Health Care Reform Evolves, What Is Our Role?, Dean Hashimoto Oct 2012

William B. Patterson Memorial Lecture: As Health Care Reform Evolves, What Is Our Role?, Dean Hashimoto

Dean M. Hashimoto

Honorary lecture awarded in recognition of national expertise in occupational health


Chronic Pain Treatment: Massachusetts As A Case Study, Dean Hashimoto Oct 2012

Chronic Pain Treatment: Massachusetts As A Case Study, Dean Hashimoto

Dean M. Hashimoto

A lecture given as part of a session entitled Dealing with Chronic Pain Under the New Guidelines.


Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch Oct 2012

Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate litigation (through multidistrict litigation and liberal joinder devices like Rules 20 and 42) to seek redress for group-wide harms. Despite sharing key features with its class-action counterpart, lik fe attenuated attorney-client relationships, attorney-client conflicts of interest, and high agency costs, no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney …


Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins Oct 2012

Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins

Claudio M. Grossman

No abstract provided.


Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Oct 2012

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …


Faculty Colloquia, Fall 2008 Series, Anne Coughlin, Amanda Frost, David Herring, Gregory Klass, Juan Perea Sep 2012

Faculty Colloquia, Fall 2008 Series, Anne Coughlin, Amanda Frost, David Herring, Gregory Klass, Juan Perea

Juan F. Perea

No abstract provided.


Las Acciones De Clase En La Vision De La Corte Suprema De Justicia De La Nacion., Gabriel Martinez Medrano Sep 2012

Las Acciones De Clase En La Vision De La Corte Suprema De Justicia De La Nacion., Gabriel Martinez Medrano

Gabriel Martinez Medrano

Estas líneas son mis primeras reflexiones sobre el fallo de la CORTE SUPREMA (Argentina) in re Cavalieri, en el cual se denegó a una asociación de defensa de consumidores la legitimación activa para pretender extender la condena reclamada por Cavalieri al resto de consumidores de una empresa de medicina prepaga.


Putting Guidelines Into Practice: The Case Of Partners Healthcare, Dean Hashimoto Aug 2012

Putting Guidelines Into Practice: The Case Of Partners Healthcare, Dean Hashimoto

Dean M. Hashimoto

A lecture given at the Harvard School of Public Health on the role of health promotion and wellness programs in workplaces.


Massachusetts Chronic Pain Guideline, Dean Hashimoto Aug 2012

Massachusetts Chronic Pain Guideline, Dean Hashimoto

Dean M. Hashimoto

A presentation on the new clinical pain treatment guideline in workers' compensation.


Clinical Management Of Chronic Pain And Narcotics, Dean Hashimoto Aug 2012

Clinical Management Of Chronic Pain And Narcotics, Dean Hashimoto

Dean M. Hashimoto

A lecture given at a conference on absence management in workplaces.


Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson Aug 2012

Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson

Scott Dodson

This amicus brief in support of neither party in the merits case of Sebelius v. Auburn Regional Medical Center, No. 11-1231, urges the Supreme Court to decide the question presented (whether 42 U.S.C. § 1395oo(a)(3) permits equitable tolling) without resort to jurisdictional labels.


Knowledge And Possession Under The Misuse Of Drugs Act, Siyuan Chen, Nathaniel Khng Aug 2012

Knowledge And Possession Under The Misuse Of Drugs Act, Siyuan Chen, Nathaniel Khng

Siyuan CHEN

When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …


Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins Aug 2012

Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Confrontation Clause And Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear., Alan Raphael Aug 2012

Confrontation Clause And Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear., Alan Raphael

Alan Raphael

No abstract provided.


Chronic Pain Guidelines In Workers' Compensation, Dean Hashimoto Jul 2012

Chronic Pain Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

A lecture given on new chronic pain clinical guidelines in workers' compensation at the Workers' Compensation National Conference.


The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses Jul 2012

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Margaret L. Moses

No abstract provided.


Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua Jul 2012

Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua

Siyuan CHEN

This article seeks to raise awareness about the potential for wrongful convictions in Singapore by analysing the factors commonly identified as contributing towards wrongful convictions in other jurisdictions, including institutional failures and suspect evidence. It also considers whether the social conditions in Singapore are favourable to discovering and publicising wrongful convictions. The authors come to the conclusion that Singapore does well on a number of fronts and no sweeping reforms are necessary However there are areas of risk viz the excessive focus on crime control rather than due process, which require some tweaking of the system.


The Expanding Limits Of Prosecutorial Discretion, Siyuan Chen Jul 2012

The Expanding Limits Of Prosecutorial Discretion, Siyuan Chen

Siyuan CHEN

No abstract provided.


The Inadmissibility Of Unreliable Self-Inculpatory Statements, Siyuan Chen, Nicholas Poon Jul 2012

The Inadmissibility Of Unreliable Self-Inculpatory Statements, Siyuan Chen, Nicholas Poon

Siyuan CHEN

No abstract provided.


Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo Jul 2012

Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo

Siyuan CHEN

This note considers if there is a discernible framework in which courts resolve alleged claims of breaches of natural justice. On the one hand, once it has been ascertained that the rules of natural justice apply, the court will look at all the circumstances of the case to determine if there has been any u nfairness. On the other hand, it has been suggested th even assuming the rules of natural justice apply, there can be varying degrees of rigour in which they are enforced, a sliding scale of sorts.


Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen Jul 2012

Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen

Siyuan CHEN

The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …


The Judicial Duty To Give Reasons, Siyuan Chen, Nicholas Poon Jul 2012

The Judicial Duty To Give Reasons, Siyuan Chen, Nicholas Poon

Siyuan CHEN

No abstract provided.


The Role Of Employer-Based Health Insurance In Health Care Reform, Dean Hashimoto Jun 2012

The Role Of Employer-Based Health Insurance In Health Care Reform, Dean Hashimoto

Dean M. Hashimoto

A BC Law Brown Bag presentation on employer health insurance.


The Supreme Court's Health Care Decision And The Problem With Relyng On The Taxing Power, David Gamage Jun 2012

The Supreme Court's Health Care Decision And The Problem With Relyng On The Taxing Power, David Gamage

David Gamage

No abstract provided.


Issues Of Chronic Pain Treatment And Narcotics: What Is The Massachusetts' Experience?, Dean Hashimoto Jun 2012

Issues Of Chronic Pain Treatment And Narcotics: What Is The Massachusetts' Experience?, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.