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Articles 121 - 150 of 5717
Full-Text Articles in Law
How Placebo Deception Can Infringe Autonomy, Adam J. Kolber
How Placebo Deception Can Infringe Autonomy, Adam J. Kolber
Faculty Scholarship
No abstract provided.
Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank
Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank
Department of Psychology: Faculty Publications
Caregivers of the elderly face conflicting legal demands; they must make certain the elder’s needs are being met while not forcing undesired care on an adult capable of informed decisions. This dichotomy may be a reason a large volume of reported elder abuse derives from unintentional neglect on behalf of informal familial caregivers. The current research examines this possibility with exploratory interviews and an experiment. The interviews between elders and their family (30 dyads) revealed that many did not intend for the living arrangements to become permanent, and the nonelders were largely unprepared for the magnitude of changes and responsibilities …
Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo
Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko
Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko
Faculty Publications
On February 12, 2009, lawmakers in the U.S.House of Representatives introduced the "Arbitration Fairness Act of 2009. " This bill, if enacted, will invalidate any predispute arbitration agreement between an employer and its employee. Last year, the 110th Congress considered the narrower "Preservation of Civil Rights Protections Act of 2008, " which would have invalidated such predispute arbitration agreements if they required "arbitration of a dispute arising under" federal civil rights laws. This Article explores how best to structure any such invalidation of predispute employment arbitration agreements, both in light of the rationales for and against regulation of the employment …
When Immigration Borders Move, Huyen Pham
When Immigration Borders Move, Huyen Pham
Faculty Scholarship
With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed physical border, these laws require proof of immigration status at multiple, moving points within the country's interior and are triggered through everyday transactions; if unable to prove her legal status, a person is denied the restricted benefit. If a person is denied access to multiple essential benefits, then she …
Tea Leaves Of The Economy: General Elections In 2010?, Tan K. B. Eugene
Tea Leaves Of The Economy: General Elections In 2010?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Incumbent governments with good economic track records would typically capitalise on economic downturns to seize a political advantage by calling for early elections. Will the ruling People's Action Party do so nect year in view of the strong economic perormances in recent months?
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova
Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova
Australian Information Security Management Conference
The integrity of lawyers trust accounts as come under scrutiny in the last few years. There have been many incidents of trust account fraud reported internationally, including a case in Australia, where an employee of a law firm stole $4,500,000 from the trust funds of forty-two clients. Our study involved interviewing principles of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. An overall finding highlights that law firms were not current with technology to combat computer crime, and inadequate access control was a major concern in safeguarding account …
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
All Faculty Scholarship
This article, written for the inaugural issue of a new journal, analyzes the extent to which the convergence of broadcasting and telephony induced by the digitization of communications technologies is forcing policymakers to rethink their basic approach to regulating these industries. Now that voice and video are becoming available through every transmission technology, policymakers can no longer define the scope of regulatory obligations in terms of the mode of transmission. In addition, jurisdictions that employ separate agencies to regulate broadcasting and telephony must reform their institutional structures to bring both within the ambit of a single regulatory agency. The emergence …
Introducing The Negotiation Navigation Map, Nadja Alexander, Jill Howieson
Introducing The Negotiation Navigation Map, Nadja Alexander, Jill Howieson
Research Collection Yong Pung How School Of Law
In this article we reflect upon negotiation strategies and explore the utility of reconciling the dichotomy between interest-based and positional approaches to negotiation. Ultimately, we advocate for a ‘constructive model’ of negotiation and introduce the ‘negotiation navigation map’ that serves the negotiator well in preparing for this approach to negotiation.
Why Egregious Errors Of Law May Yet Justify A Refusal Of Enforcement Under The 'New York Convention', Seng Wei, Edward Ti
Why Egregious Errors Of Law May Yet Justify A Refusal Of Enforcement Under The 'New York Convention', Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
Parties on the losing side in international arbitration have long argued that an error of law is a defence to the enforcement of foreign awards. Citing article V(2)(b) of the New York Convention, such parties have argued that a manifest error of law is a violation of public policy. While national courts have generally paid little heed to this line of argument, this article seeks to raise the possibility that there may yet be the exceedingly rare instance in which a court should preclude enforcing an award marred by a hideous error of law. Limited review of an arbitrator's application …
An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu
An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu
Research Collection Yong Pung How School Of Law
As one of the founding members of the General Agreement on Tariffs and Trade (GATT), Taiwan (the Republic of China or ROC) - the 17th largest economy, was granted accession to the World Trade Organization (WTO) in November 2001 after its observer status of eleven years. Taiwan, classified by most commentators as an "unrecognized state" or an "entity sui generis", has been excluded from most of the major international organizations. Taiwan's accession to the WTO, therefore, is considered to be an important breakthrough in diplomacy for the past decades. Notwithstanding its WTO membership, the Taiwanese Government has employed numerous trade …
China’S Strategy For Free Trade Agreements: Political Battle In The Name Of Trade, Shuchao Henry Gao
China’S Strategy For Free Trade Agreements: Political Battle In The Name Of Trade, Shuchao Henry Gao
Research Collection Yong Pung How School Of Law
Compared with Europe and America, East Asia is a latecomer in the new gold-rush of Free Trade Agreements (FTAs). In this process, China has played a significant role. This is not only due to the growing economic clout of China, but also because China has taken a conscious strategy to push for economic integration in the region. Thus, for the benefits of the countries in the region, it is very important to understand China’s FTA strategy. This article starts with the evolving picture of China’s FTA web, then discusses the key components of China’s FTA strategy, and concludes by noting …
A Scorecard For The P4: Full Or Fail?, Henry S. Gao
A Scorecard For The P4: Full Or Fail?, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its inception in 2005, the Trans-Pacific Strategic Economic Partnership Agreement (the ‘P4 Agreement’) has been hailed as a ‘high standard’ free trade agreement (FTA). However, there has never been any official explanation as to how the assessment of the Agreement is conducted. Now it’s exam time again, let’s see how the Agreement performs in ‘Free Trade 101’.
Effective Use Of Non-Reliance Clauses: Satisfying Lowe V Lombank, Kee Yang Low
Effective Use Of Non-Reliance Clauses: Satisfying Lowe V Lombank, Kee Yang Low
Research Collection Yong Pung How School Of Law
The inclusion in contracts of “non-reliance” clauses, as a means of pre-empting assertions of misrepresentation, has become commonplace. The validity and effectiveness of such clauses is another matter. This article discusses how a non-reliance clause may act as an evidential estoppel.
The Use And Misuse Of Well-Known Marks Listings, Kung-Chung Liu, Eric Wang, Xinliang Tao
The Use And Misuse Of Well-Known Marks Listings, Kung-Chung Liu, Eric Wang, Xinliang Tao
Research Collection Yong Pung How School Of Law
The continual strengthening of the protection for well-known marks has been one of the features of international trademark development in the post-TRIPS era. In many countries well-known marks can now be granted full trademark right and protection merely from the fact that they are well-known; well-known marks can also be protected against dilution or even the likelihood thereof, and against comparative advertising that is discrediting or denigrating. However, for market late-comers seeking a new trademark, there is no clear way to determine if a particular mark is well-known. Without this certainty the applicant cannot calculate the risk of having the …
Introduction, Christine M. De Matos
Introduction, Christine M. De Matos
Faculty of Law, Humanities and the Arts - Papers (Archive)
It was during the seasonal change from summer to autumn that I first landed in Tokyo as a naïve 21 year old, ready to embark on a working holiday adventure. I had no Japanese language skills, no knowledge of Japanese history or culture beyond western clichés and stereotypes, and 1000 yen in my pocket. When I think back to this time I am amazed at the courage (or was it denial and ignorance?) I must have had; I am even more surprised to remember the emotion I experienced, for as soon as I set foot in that great cosmopolitan city, …
Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen
Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen
Public Law and Legal Theory Working Papers
Anecdotal evidence of agencies burying bad news is rife in law and politics. The bureaucracy regularly is accused of announcing controversial policies on holidays and weekends when public attention is elsewhere. We show that this conventional wisdom is wrong, or at least significantly incomplete. The conventional wisdom is riddled with theoretical holes, and there is little systematic empirical evidence to support it. After critiquing the conventional account of agencies hiding bad news, we articulate and defend a revised theory of strategic timing in administrative law. We argue that timing decisions rarely affect the visibility of decisions but can drive up …
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Public Law and Legal Theory Working Papers
No abstract provided.
The Evolution Of Copyright Law In The Arts, Kevin Liftig
The Evolution Of Copyright Law In The Arts, Kevin Liftig
Honors Scholar Theses
As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …
Donald Tsang's Vision For An Integrated Asia, Knowledge@Smu
Donald Tsang's Vision For An Integrated Asia, Knowledge@Smu
Knowledge@SMU
Stem protectionism, step-up education, reduce our reliance on the West, emphasize strong Asian values, integrate currencies and promote trade partnerships – these are items that show up on Donald Tsang's wish list of things by which Asia might be united. What's more, he believes his vision of an Asian bloc will likely take shape within this very century. Speaking at SMU's Ho Rih Hwa Leadership in Asia public lecture series, the Hong Kong Chief Executive explained why Asian countries must forge closer links with one another, and how the region can eventually present itself to be a foundation of stability …
Focusing Your Firm On Ethics, Alex B. Long
Legal Beagle Blog (December 2009), Roger Williams University School Of Law Library
Legal Beagle Blog (December 2009), Roger Williams University School Of Law Library
Law Library Newsletters/Blog
No abstract provided.
Midnight Deregulation, Jack M. Beermann
Midnight Deregulation, Jack M. Beermann
Faculty Scholarship
Research has revealed a significant increase in regulatory activity in the last quarter of the final year of U.S. presidential administrations, with a great deal of regulatory activity occurring in the period between the election and the inauguration of the new president. Despite the expressed intent to minimize midnight regulation, the volume of regulatory activity at the end of the administration of George W. Bush spiked in a magnitude similar to that of other recent transitions. There was, however a difference. While the end of the administrations of Jimmy Carter and Bill Clinton exhibited the issuance of new regulations that …
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
Faculty Scholarship
No abstract provided.
The Comparative Nature Of Punishment, Adam Kolber
The Comparative Nature Of Punishment, Adam Kolber
Faculty Scholarship
No abstract provided.
You've Got Your Mother's Laugh: What Bankruptcy Mediation Can Learn From The Her/History Of Divorce And Child Custody Mediation, Nancy A. Welsh
You've Got Your Mother's Laugh: What Bankruptcy Mediation Can Learn From The Her/History Of Divorce And Child Custody Mediation, Nancy A. Welsh
Faculty Scholarship
Due to our current deep economic woes, growing bankruptcy filings, and apparent legislative unwillingness to expand the number of judges, bankruptcy courts are exploring the use of mediation to help resolve adversary proceedings, negotiate elements of reorganizations, and deal with claims that cannot be heard directly in bankruptcy proceedings. In addition, mediation advocates have been consistent in urging greater use of the process to reduce debtors’ and claimants’ costs, bridge the jurisdictional and standing challenges that bankruptcies can pose, and offer claimants the opportunity to be heard and determine their own resolution of claims. At this point, the relatively few …
Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo
Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo
Educational Leadership Faculty Publications
Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …
Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet
Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
There are three distinct groups who might want to engage in speech about commercial entities or to constrain those commercial entities from making particular claims of their own. Competitors may sue each other for false advertising, consumers may sue businesses, and government regulators may impose requirements on what businesses must and may not say. In this context, this Article will evaluate a facially persuasive but ultimately misguided claim about corporate speech: that because consumers regularly get to say nasty things about corporations under the lax standards governing defamation of public figures, corporations must be free to make factual claims subject …