Law Commons^™

Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope

Buffalo Law Review

No abstract provided.

No.9 - December 2008, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King

American University Law Review

This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.

The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …

Mercury Rising: The Omnibus Autism Proceeding And What Families Should Know Before Rushing Out Of Vaccine Court, Gordon Shemin

American University Law Review

This Comment sheds light on the “opt-out” provision of the Vaccine Act. It namely discusses the effect of short-form petitions and their impact on subsequent civil action, by examining consequences flowing from the Omnibus Autism Proceeding. In short, it argues that the Vaccine Court erred with its decision to permit short-form petitions by overlooking that procedure’s long-term implications on vaccine plaintiffs. In addition, this Comment lays out a scenario to illustrate the potential pitfalls of a hasty exit from the OAP and offers some guidance to plaintiffs to avoid this outcome. The final part of this Comment offers some ideas …

Parallel Trade In Prescription Medicines In The European Union: The Age Of Reason?, Ian S. Forrester, Anthony Dawes

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Controlled Chaos With Consumer Welfare As The Winner – A Study Of The Goals Of Polish Antitrust Law, Dawid Miąsik

Yearbook of Antitrust and Regulatory Studies

This article presents the main issues relating to the goals of modern Polish competition law. It examines the relationship between the subject-matter of competition law, its function and its goals. It identifies various goals of competition law as well as their acceptance in the legal doctrine and jurisprudence. The study shows that the goals of Polish competition law have always been limited to enhancing efficiency and consumer welfare, with this latter term being understood in a post-Chicago-school fashions, rather than accordingly to its Chicago-school origin. This article shows how an 18-years competition law system, rather accidentally than deliberately, took the …

Antitrust Private Enforcement – Case Of Poland, Agata Jurkowska

Yearbook of Antitrust and Regulatory Studies

This article presents the main difficulties surrounding private enforcement of antitrust law in Poland, currently the key implementation problem in the field of antitrust law. Whereas the basic standards concerning the public pillar of antitrust enforcement have already been established, either in the European Community (EC) or in its Member States, the private pillar of antitrust enforcement has not yet been fully developed. The fact that private enforcement of antitrust law is possible, and in fact equal, to public enforcement is not yet commonly recognized. In response to the European Commission’s White Paper on Damages actions for breach of the …

Investment And Regulation In Telecommunications, Stanisław Piątek

Yearbook of Antitrust and Regulatory Studies

This article presents the difficulties associated with the implementation of the regulatory goal of promoting investment and innovation within the area of sector specific regulation in telecoms. The encouragement of efficient investment is one of the major goals reflected in the EC and domestic legal rules on telecoms access as well as price- and rate of return regulation. The law and the interplay of the interests of incumbents and alternative operators create a fertile soil for the emergence of various regulatory concepts of stimulating investment and facility-based competition. Considered here are the concepts most frequently referred to in this context …

Does A Selection Of Contractors In A Public Tender Constitute An Infringement Of A Prohibition Of Competition Restricting Agreements? Case Comment To The Judgment Of The Supreme Court Of 25 April 2007 – Stalexport – Transroute (Ref. No. Iii Sk 3/07), Rafał Poździk

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Economic Approach In Polish Courts: Permitted Agency Agreements Or Prohibited Price Fixing? Case Comment To The Judgment Of The Appeal Court In Warsaw Of 13 February 2007 – Roche And Hand-Prod (Ref. No. Vi Aca 819/06), Marcin Kolasiński

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

What Does An Obligation To Purchase “Green Energy” Mean? Case Comment To The Judgment Of The Supreme Court Of 5 July 2007 – Green Energy (Ref. No. Iii Sk 13/07), Filip Elżanowski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

What Is The Link Between Article 6 Section 3a Of The Energy Law Act And Article 490 Of The Civil Code Regarding The Right Of A Grid Operator To Suspend The Supply Of Electricity? Case Comment To The Judgment Of The Supreme Court Judgment Of 5 June 2007 – Gze (Ref No. Iii Sk 11/07), Michał Będkowski-Kozioł

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Should A Fee For Mobile Phone Number Portability Be Determined Solely By Subscriber Preferences? Comments To The Judgments Of The Court Of Competition And Consumers Protection Of 8 January 2007 (Ref. No. Xvii Amt 29/06) And 6 March 2007 (Ref. No. Xvii Amt 33/06) – Portability Fee, Marlena Wach

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

How To Determine A Price Of Wholesale Line Rental? Case Comment To The Judgment Of The Court Of The Competition And Consumer Protection Of 10 December 2007 – Tele2 (Ref. No. Xvii Amt 17/07), Ewa Joanna Galewska

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Farm-Level Contracting For Production Process Attributes: An Analysis Of Rbst In Milk Production, Clayton Cook-Mowery, Nicole J. Olynk, Christopher A. Wolf

Journal of Food Law & Policy

On November 5, 1993, the Food and Drug Administration (FDA) approved Recombinant Bovine Somatotropin (rBST), also JOURNAL OF FOOD LAW & POLICY called Recombinant Bovine Growth Hormone (rbGH), for commercial use to increase milk production in dairy cattle. The FDA determined that milk from cows which have been treated with rBST was safe for human consumption and that there was no significant impact on the environment from the production and use of rBST. In February 1994 the Monsanto Corporation (Monsanto) introduced POSILACO bovine somatotropin, making rBST commercially available to United States dairy farmers.

Pro Bono Collaborative E-Newsletter (No. 2) (December 2008), Roger Williams University School Of Law

Pro Bono Collaborative Newsletter

No abstract provided.

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner

Sea Grant Law Fellow Publications

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Canadian Food Law Update, Patricia L. Farnese

Journal of Food Law & Policy

Provided below is an overview of developments in Canadian food law and policy in 2008. This update primarily analyzes regulatory and policy developments by the federal government. This focus reflects the significance of federal activities in the food policy realm. As this is the first Canadian update to appear in the Journal of Food Law & Policy, it is appropriate to include a brief summary of the Canadian regulatory framework for food. The regulatory framework provides the necessary context to identify trends driving recent changes in Canadian food law and policy.

How Much Can Be Charged For Expert-Witness Appearance Fees In Interstate Water Litigation?, Robert H. Abrams

Journal Publications

No abstract provided.

Separation Anxiety: Uniting The Families Of Lawful Permanent Residents., Arshil Kabani

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Capital Punishment Or Lack-Of-Capital Punishment - Indigent Death Penalty Dependants Are Penalized By A Procedurally Flawed Counsel Appointment Process., Talia Nye-Keif

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Plight Of Immigrant Day Laborers: Why They Deserve Protection Under The Law., Analiz Deleon-Vargas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Frank Allen: An Appreciation, Richard Lempert

University of Michigan Journal of Law Reform

Francis Allen was the Dean who hired me. First deans are, in their own way, as memorable as first kisses; they set expectations for all that follows. The expectations that Frank Allen set were high indeed. In this young professor's mind (I was 24 when I received my offer; 25 when I joined the faculty) he embodied what I still regard as the two most important academic virtues: scholarship and decency. These virtues combined to make him, at the time he accepted the Michigan deanship, perhaps the nation's most powerful voice for criminal justice reform and the country's leading scholar …

Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays

University of Michigan Journal of Law Reform

The field of complex litigation continues to grow as both an academic study and a popular phenomenon. One cannot escape news accounts of major class action litigation, and lawyers continue to find new ways to push the outer bounds of civil litigation practices to accommodate large-scale disputes involving multiple claims or parties. Many question whether traditional procedures can or should apply to these cases. Drawing on this well-recognized procedural tension, this Article explores the relationship between trial and appellate courts in complex litigation and argues for a revised standard of appellate review for trial court decisions affecting the party structure …

Systemic Compliance Complaints: Making Idea's Enforcement Provisions A Reality, Monica Costello

University of Michigan Journal of Law Reform

Since the passage of what is now known as the Individuals with Disabilities Education Act ("IDEA") in 1975, this country has recognized the importance of providing appropriate educational services to students with disabilities. When a school district fails to provide these services, an organization can file a compliance complaint with the state's designated education agency to investigate the violation. This Note uses California as a case study and argues that state education agencies should be required to investigate systemic violations, even when the names of affected students are not provided. To effectively protect the rights of students with disabilities and …

Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo

University of Michigan Journal of Law Reform

Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing antidiscrimination frameworks no longer operate adequately to rid workplaces of the segregation that results from targeting immigrant workers. This Article suggests a new anti-discrimination framework to address workplace segregation. The Article reviews how litigants have attempted to rid the workplace of conditions resulting from segregated departments through existing anti-discrimination frameworks. It then suggests a simple, yet powerful, shift in the inferences that can be drawn from …

Your Mileage May Vary: A General Theory Of Legal Disclaimers, R. George Wright

The University of New Hampshire Law Review

[Excerpt] “Disclaimers are a common feature of public and commercial life. While this article will be concerned with disclaimers only in legal contexts, the range of such legal contexts is broad. This article will refer below to disclaimers by governmental and non-governmental actors in various circumstances. Disclaimers arise, for example, in Establishment Clause cases in general, and of late, in cases involving public school evolution text books. Disclaimers may also be thought of as a remedy for compelled speech, or as themselves an instance of compelled speech. In addition, commercial speech is a fertile source of disclaimer problems, as in …

Masthead, Volume 7, Number 1, 2008, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Seven, Issue Number One.

The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson

The University of New Hampshire Law Review

[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …