Law Commons^™

Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan

Faculty Scholarship

A significant and growing portion of the U.S. population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. The …

Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone

All Faculty Scholarship

This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention …

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …

Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer

Parker Tresemer

Recent biotechnology advances are yielding potentially life-saving therapies, but without FDA regulations designed to minimize product costs, patients will continue to be unable to afford these expensive biologic products. Many believe that these prohibitive costs stem from weak competition from generic biologic products, also known as follow-on biologics. To correct this deficiency, and to address the often conflicting regulatory and policy concerns associated with biologic products, Congress enacted the Biologics Price Competition and Innovation Act. The Act created an abbreviated approval pathway for biologic products and, if effective, could increase competition while driving down product costs. But legislation alone is …

Loser Pays - But Only A Reasonable Amount, Martin Sunnqvist

Martin Sunnqvist

In Sweden, the loser pays the costs in civil procedure. But the costs are still reasonable in comparison with many other countries. In the text, I try to explain why.

The Law Of Medical Misadventure In Japan, Robert B. Leflar

Robert B Leflar

This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations’ medical law systems. The paper addresses criminal sanctions for Japanese physicians’ negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries. Among the paper’s findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …

Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota

Robert B Leflar

We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the …

Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel C. Zoghlin

Rachel Claire Zoghlin

“I was born into my father’s arms,” David responded emphatically when I asked him about his relationship with his mother. David’s father, Ronald, has been his teacher, his guardian, his provider, and his support for his entire life. He taught David to be strong and gentle, proud and humble. David inherited Ronald’s kind eyes, his honest nature, his palpable presence, and his immovable strength. The first, last, and only time David met his mother was on January 23, 1965 – the day he was born. Ronald raised two children, David and his sister Roxanne, as a single parent.

When David …

La Obligación, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

Vertical Dimensions In The Quality Of Law, Bartram Brown

Bartram Brown

No abstract provided.

Vertical Dimensions In The Quality Of Law, Bartram Brown

Bartram Brown

There are compelling reasons for concern about the quality of law. Law is essential to structuring the social relations of the state. Thomas Jefferson famously wrote that life, liberty and the pursuit of happiness are God-given unalienable rights, and that the purpose of governments is to secure these rights on behalf of the governed. Whether the law of a state will be successful in this task depends upon the quality of that law. And, due to the vast changes in the international legal system so presciently anticipated by Wolfgang Friedmann in the 1960s, concern about the quality of law must, …

Towards A European Law Of Unjustified Enrichment, Pietro Sirena

Pietro Sirena

Though historically recent, a European law of unjustified enrichment is already existing and embraces both contractual and extra-contractual restitution, which however are governed by different rules and shall not therefore lose their own specificity. In contractual restitution, the remedy is based on the general principle of unjustified enrichment (both in civil and in common law by now) and has a very large field of application: unlike the German model followed by the DCFR, distinguishing between avoided and terminated contracts is not necessary from the point of view of restitution of performances rendered by the parties (as demonstrated by the CESL), …

You Can’T Do That! Directors Insuring Against Criminal Whs Penalties, Neil J. Foster

Neil J Foster

This article considers the question of whether it is possible for company officers, who may be fixed with personal liability for civil damages and criminal penalties for workplace health and safety injuries, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. It concludes that insurance against criminal penalties is void as a matter of public policy, and ought not to be offered by insurers or relied upon by company officers. It is also suggested that government regulators would be justified in taking action to highlight the problems caused by …

Workplace Health And Safety Law In Australia Update No 1, Neil J. Foster

Neil J Foster

This is one of a series of updates I will be issuing to provide notes of recent developments in Workplace Health and Safety Law which either have occurred after the book was published, or which I hadn't noticed previously. Update No 1 deals with changes to the common law in relation to actions for nervous shock by relatives of workers who are killed or injured by their employer's negligence.

Review Of "Liability For Wrongful Interferences With Chattels" By Simon Douglas (2011), Neil J. Foster

Neil J Foster

A review of a recent monograph dealing with the way the common law protects property rights in personal property.

Revalorización Del Precedente Judicial En El Ordenamiento Jurídico Peruano: Una Lectura Comparatística De La Institución, Con Especial Referencia A Los Métodos De Apartamiento Del Precedente Vinculante, Carlos Augusto Acosta Olivo, Rocio De Lily Llanos Navarro

Carlos Augusto Acosta Olivo

Los autores, analizan el sistema de precedentes vinculantes establecido en el artículo 400° del Código Procesal Civil, manifestando que el mismo establece un modelo de índole eminentemente formal y autoritario, por lo cual, en base a un profundo análisis comparatistico de dicha institución jurídica, sostienen que su aplicación en nuestro ordenamiento jurídico sería más funcional y concordante con el principio de autonomía e independencia judicial, si los magistrados pudiesen emplear de manera adecuada mecanismos a través de los cuales pudiesen apartarse válidamente del precedente vinculante. Toda vez que, según los autores, dichos mecanismos no sólo permiten evitar situaciones jurídica, moral …

¿Derechos Sin Sujeto?: A Propósito De La Herencia Yacente: Análisis En Torno A Su Administración Como Parte Subjetiva En La Relación Jurídica Procesal Y El Conflicto De Legitimidades Entre Curador Vs. Albacea, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.

La Clasificación De Las Fuentes De Las Obligaciones En El Derecho Civil Mexicano Y En El Derecho Romano, Jorge Adame Goddard

Jorge Adame Goddard

No abstract provided.

La Unificación Del Derecho Privado Según Álvaro D'Ors, Jorge Adame Goddard

Jorge Adame Goddard

No abstract provided.

El Seudónimo: Replanteamiento Doctrinal Y Legislativo, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.

Un Atisbo A 'Transcendental Non Sense And The Functional Approach' De Felix S. Cohen, Carlos Alberto Flores Hernández

Carlos Alberto Flores Hernández

Redacté este ensayo sobre un jurista poco explorado en México,aunque destacado en EEUU: Félix S. Cohen. Precursor del estudio ysistematización del derecho indígena en la Unión Americana, su perspectivafuncionalista destaca en su ensayo Transcendentalnon sense and the functional approach. Presento este trabajo que contieneun atisbo a este importante jurista americano.