Law Commons^™

Medical Error Reporting: Professional Tensions Between Confidentiality & Liability, Wendy K. Mariner, Frances H. Miller

Faculty Scholarship

Improving patient safety depends on a sophisticated understanding of what can jeopardize it. Reports of adverse patient events and "near misses" constitute valuable information that can foster that understanding. Knowing what has gone wrong in the past facilitates the search for systems improvements, which can prevent recurrence. Unfortunately, providers have been generally unenthusiastic about reporting medical error, whether from a sense of shame, from a fear of liability and institutional sanctions, or from anxiety about reputation and relationships with peers. This Issue Brief lays out the factors that may affect reporting, and explores the limited evidence about whether providers' confidentiality …

Unreasonable Probability Of Error, Jed Handelsman Shugerman

Faculty Scholarship

In Strickland v. Washington, the Supreme Court sought to create a uniform standard to guarantee effective assistance of counsel to criminal defendants, to "ensure a fair trial," and to assure the reliability of "a just result."' Justice O'Connor's majority opinion created a two-pronged test for overturning a trial verdict: deficient performance and resulting prejudice. The Court explicitly established a difficult burden for proving deficient performance,² but set a moderate standard for prejudice as the "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient …

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

The Competency Conundrum: Problems Courts Have Faced In Applying Different Standards For Competency To Be Executed, John L. Farringer, Iv

Vanderbilt Law Review

Throughout Anglo-American legal history, there has been a general agreement, based on numerous rationales, that mentally incompetent inmates should not be executed for their crimes. The recurring problem, however, is how to define "incompetence" or "insanity." Legislatures and courts have sought to provide a common- sense definition, but in practice judges must confront highly technical terminology from the ever evolving field of psychiatry. Additionally, the definition must be flexible enough to apply to a variety of cases, while being universal enough to assure that all defendants are treated fairly and equally.

At hearings to determine a prisoner's competency to be …

Copyright Law And Price Discrimination, Michael J. Meurer

Cardozo Law Review

No abstract provided.

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause scholarship - …

Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …

Distributing Products Under The Nonprofit Institutions Act: Pricc Discrimination, Arbitrage, And Fraud In The Pharmaceutical Industry, Dennis S. Corgill

BYU Law Review

No abstract provided.

Liability Of Broker-Dealers For Unsuitable Recommendations To Institutional Investors, Norman S. Poser

BYU Law Review

No abstract provided.

The Law Of Presidential Transitions And The 2000 Election, Todd J. Zjwicki

BYU Law Review

No abstract provided.

Abridging The Freedom Of Non-English Speech: English-Only Legislation And The Free Speech Rights Of Government Employees, Margaret Robertson

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.

Product Liability And The Politics Of Corporate Presence: Identity And Accountability In Macpherson V. Buick, Jonathan Kahn

Loyola of Los Angeles Law Review

No abstract provided.

Silence, Marcy Strauss

Loyola of Los Angeles Law Review

No abstract provided.

To Our Children's Children's Children: The Problems Of Intergenerational Ethics, Lawrence B. Solum

Loyola of Los Angeles Law Review

No abstract provided.

Intergenerational Decision Making: An Evolutionary Perspective, Theodore P. Seto

Loyola of Los Angeles Law Review

No abstract provided.

What Do We Owe The Next Generation(S), Axel P. Grosseries

Loyola of Los Angeles Law Review

No abstract provided.

Electronic Discovery And The Litigation Matrix, Martin H. Redish

Duke Law Journal

The impact of the technological revolution on the operation of the discovery system in the federal courts has been dramatic. The enormous increase in storage capacity and communication that the use of computers in the corporate world has brought about has correspondingly increased both the burdens and stakes of the discovery process. This Article considers the extent to which these dramatic practical changes have created a need to develop a legal framework especially for the discovery of electronically stored information. Because the burdens of electronic discovery are likely to be substantially more severe than those involved in traditional discovery, the …

Statistics, Not Experts, William Meadow, Cass R. Sunstein

Duke Law Journal

No abstract provided.

Kroger Redux, John B. Oakley

Duke Law Journal

No abstract provided.

§ 1367 Producamus, Edward A. Hartnett

Duke Law Journal

No abstract provided.

Fiat Lux, John B. Oakley

Duke Law Journal

No abstract provided.

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner

Duke Law Journal

No abstract provided.

Quieting The Virtual Prison Riot: Why The Internet’S Spirit Of “Sharing” Must Be Broken, Albert Z. Kovacs

Duke Law Journal

No abstract provided.

Keeping Mud Off The Bench: The First Amendment And Regulation Of Candidates’ False Or Misleading Statements In Judicial Elections, Adam R. Long

Duke Law Journal

No abstract provided.

The Future Of Domain Name Dispute Resolution: Crafting Practical International Legal Solutions From Within The Udrp Framework, Lisa M. Sharrock

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande

All Faculty Scholarship

On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”

Volume 26, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Ted Frankel, Arlo Litman

Managing Editor: Jason Brown

Note: This issue was misprinted as Volume 26, no. 1