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Articles 1 - 20 of 20
Full-Text Articles in Law
Re Canada Post Corp And Cupw (Paris), Innis Christie
Re Canada Post Corp And Cupw (Paris), Innis Christie
Innis Christie Collection
The Grievor was initially discharged for being absent without leave. After the first arbitration hearing the Grievor was reinstated with conditions; the same conditions were awarded after a second hearing. The Grievor has now been terminated for breach of one of those conditions - the need to seek immediate medical attention when absent from work due to illness. Although the Grievor became ill Sunday evening, the Union believed that by seeking medical attention on Monday the conditions of the previous Consent Award had been met.
Maintaining The Presumption Of Innocence In Date Rape Trials Through The Use Of Language Orders: State V. Safi And The Banning Of The Word "Rape", Jason Wool
William & Mary Journal of Race, Gender, and Social Justice
This note evaluates the use of language orders in date rape trials in which the defense is consent through a case study of State v. Safi, in which Tory Bowen claims that Pamir Safi date raped her. In that case, the trial judge granted a motion by the defense to prevent the prosecution and any of their witnesses from using words such as "rape" and "sexual assault." Using State v. Safi as a starting point, the author examines the use of such trial orders from the perspective of both defendants and victims. The author concludes that a modified version of …
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs
Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs
Department of Justice Studies Faculty Scholarship and Creative Works
Adolescent offenders may be at high risk for sexually transmitted diseases (STDs). With previous research and interventions focused on incarcerated adolescents, data are needed on STD prevalence and risk factors among newly arrested youth released to the community, a far larger subgroup.Participants were recruited from all arrested youth processed at the Hillsborough County, Florida Juvenile Assessment Center during the last half of 2006 (506 males, 442 females). Participants voluntarily providing urine samples for drug testing as part of standard protocol were also consented to having their specimens split and tested for chlamydia and gonorrhea, using an FDA-approved nucleic acid amplification …
Consent To Harm, Vera Bergelson
Recent Case, Ninth Circuit Considers Community's Racial Tension With Police In Finding Illegal Seizure And Lack Of Voluntary Consent. — United States V. Washington, 490 F.3d 765 (9th Cir. 2007), Portia Pedro
Faculty Scholarship
The traditional story of Fourth Amendment search and seizure doctrine involves a complex compromise between public safety and the constitutional right to personal liberty. Although the choice of viewpoint is often left out of the story, much also depends on whose perspective — police officers’ or civilians’ — a judge employs for search and seizure determinations. The chosen perspective circumscribes the types of facts that a judge considers in these evaluations. In United States v. Washington, the Ninth Circuit held that the district court should have suppressed evidence obtained through a vehicle search because the consent was not voluntary, or, …
A Woman's Right To Be Spanked: Testing The Limits Of Tolerance Of S/M In The Socio-Legal Imaginary, Ummni Khan
A Woman's Right To Be Spanked: Testing The Limits Of Tolerance Of S/M In The Socio-Legal Imaginary, Ummni Khan
Ummni Khan
What conditions must be in place for s/m sexuality to be tolerated in law and culture? In this article, I consider the film Secretary as a lens to explore the imaginative limits of our socio-legal culture regarding sadomasochism. In Part One, I compare Secretary to the film 9 ½ weeks. I deconstruct the narrative and aesthetic components of the two films that uphold their contrasting normative visions, arguing that Secretary did indeed chart new ground for the sadomasochist sexual subject. Yet, a close discursive analysis reveals that the narrative relied upon other hegemonies to make the s/m couple acceptable and …
Unusual Suspects: Recognizing And Responding To Female Staff Perpetrators Of Sexual Misconduct In U.S. Prisons, Lauren A. Teichner
Unusual Suspects: Recognizing And Responding To Female Staff Perpetrators Of Sexual Misconduct In U.S. Prisons, Lauren A. Teichner
Michigan Journal of Gender & Law
Despite the general public's ignorance of this issue of sexual misconduct perpetrated by female prison staff against male inmates, such stories are remarkably familiar to those who study or work in the world of prisons. The Prison Rape Elimination Act ("PREA") of 2003 mandated that the Bureau of Justice Statistics ("the Bureau") undertake new studies of sexual violence in prisons. Accordingly, the Bureau released a report in July 2006 revealing some groundbreaking data. Of the 344 substantiated allegations of staff-on-inmate sexual violence made in federal, state, and private prisons in 2005, 67% of the overall victims were male inmates and …
Strict Liability And The Liberal-Justice Theory Of Torts, Alan Calnan
Strict Liability And The Liberal-Justice Theory Of Torts, Alan Calnan
Alan Calnan
Abstract Tort scholars disagree about the relative priority of fault and strict liability. Economists prefer the clearer and more efficient theory of strict liability to the vaguer and more complicated concept of fault. Moralists, by contrast, prefer the deep moral or deontological idea of fault to the more sterile rule of strict liability. Ironically, both economists and moralists often base their views on liberal principles. Economists rely on the political dimension of liberalism, arguing that tort law should interfere with free market transactions only rarely, and even then, only with clear rules that minimize accident costs. Not surprisingly, moralists rely …
Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone
Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone
Faculty Publications
Today, as a sexual harassment plaintiff who failed to report harassment before bringing suit, you likely will fare better under the law if you submitted to your harasser and engaged in relations with him, than you would if you had passively resisted until you were driven out of your employment. This Article examines the law’s illogical preference for plaintiffs who acquiesced to the propositions of their supervisors over those who resisted harassment but nonetheless failed to report it. It explores the roots of such a preference in society, as well as its consequences. Ultimately, this Article asks critical questions that …
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Vanderbilt Journal of Entertainment & Technology Law
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …
Access To Medical Records For Research Purposes: Varying Perceptions Across Research Ethics Boards, Donald Willison, Claudia Emerson, Karen Szala-Meneok, Elaine Gibson, Lisa Schwartz, Karen Weisbaum, François Fournier, Kevin Brazil, Michael Coughlin
Access To Medical Records For Research Purposes: Varying Perceptions Across Research Ethics Boards, Donald Willison, Claudia Emerson, Karen Szala-Meneok, Elaine Gibson, Lisa Schwartz, Karen Weisbaum, François Fournier, Kevin Brazil, Michael Coughlin
Articles, Book Chapters, & Popular Press
Variation across research ethics boards (REBs) in conditions placed on access to medical records for research purposes raises concerns around negative impacts on research quality and on human subject protection, including privacy. Aim: To study variation in REB consent requirements for retrospective chart review and who may have access to the medical record for data abstraction. Methods: Thirty 90-min face-to-face interviews were conducted with REB chairs and administrators affiliated with faculties of medicine in Canadian universities, using structured questions around a case study with open-ended responses. Interviews were recorded, transcribed and coded manually. Results: Fourteen sites (47%) required individual patient …
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
Articles, Book Chapters, & Popular Press
Neuroimaging research has brought major advances to child health and well-being. However, because of the vulnerabilities associated with neurological and developmental conditions, the parental need for hope, and the expectation of parents that new medical advances can benefit their child, pediatric neuroimaging research presents significant challenges to the general problem of consent in the context of research involving children. A particular challenge in this domain is created by the presence of therapeutic misconception on the part of parents and other key research stakeholders. This article reviews the concept of therapeutic misconception and its role in pediatric neuroimaging research. It argues …
Principal Investigator Views Of The Irb System, Simon N. Whitney, Kirsten Alcser, Carl E. Schneider, Laurence B. Mccullough, Amy L. Mcguire, Robert J. Volk
Principal Investigator Views Of The Irb System, Simon N. Whitney, Kirsten Alcser, Carl E. Schneider, Laurence B. Mccullough, Amy L. Mcguire, Robert J. Volk
Articles
We undertook a qualitative e-mail survey of federally-funded principal investigators of their views of the US human subjects protection system, intended to identify the range of investigator attitudes. This was an exploratory study with a 14% response rate. Twenty-eight principal investigators responded; their comments were analyzed to show underlying themes, which are here presented along with supporting quotations. There was consensus that it is important to protect human subjects from research abuse, but disagreement over how well the IRB system is functioning. Some researchers felt that the system is effective and serves its purpose well. Of those who support the …
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
NYLS Law Review
No abstract provided.
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
NYLS Law Review
No abstract provided.
Institutional Reform Litigation, Leonard Koerner
Institutional Reform Litigation, Leonard Koerner
NYLS Law Review
No abstract provided.
The Chinese Takings Law From A Comparative Perspective, Chenglin Liu
The Chinese Takings Law From A Comparative Perspective, Chenglin Liu
Faculty Articles
When acquiring private property, governments may exercise one of three options: confiscation, consensual exchange, or eminent domain. Under the first approach, the government can confiscate private land without seeking consent from private owners and without paying compensation to them. Alternatively, under the consensual exchange approach, the government can only acquire private property through arm’s-length negotiations in an open market. It requires the government to obtain consent from private owners and pay mutually agreed purchase prices, determined by both the government as a willing buyer and private owners as willing sellers. The third approach is through eminent domain, which denotes when …
What Is The Nature Of The Patient's Consent In The Processing Of Medical Data In European Law?, Jean Herveg
What Is The Nature Of The Patient's Consent In The Processing Of Medical Data In European Law?, Jean Herveg
Jean HERVEG
No abstract provided.
Neither Sheep Nor Peacocks: T.O. Elias And Post-Colonial International Law, Chin Leng Lim
Neither Sheep Nor Peacocks: T.O. Elias And Post-Colonial International Law, Chin Leng Lim
Chin Leng Lim
This article takes as its starting point the characterization of T. O. Elias as a representative of a ‘weak’ form of anti-colonial scholarship. Elias had sought to show that the ancient African kingdoms had participated in international legality with European states on an equal footing. The view has arisen in contemporary scholarship that this mode of argumentation is typical of the weak strain, evincing only a continued tendency to underestimate the imperial nature of international law itself. A related criticism is that many Third World scholars like Elias view international law's claim to universality and its ability to be inclusive …