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2013

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Full-Text Articles in Law

Note – Internalizing The External Costs Of Medical Device Preemption, David Chang Dec 2013

Note – Internalizing The External Costs Of Medical Device Preemption, David Chang

UC Law Journal

Medical device preemption is highly controversial because it provides medical device companies with immunity from state tort claims. Congress provided medical device companies with preemption in 1976 because it was concerned that medical device companies were being overwhelmed by the costs of litigation. Congress feared that this was destroying the incentive for medical device companies to develop risky but innovative life-saving devices.Today, the dark side of medical device preemption has come to light. Medical device preemption fails to require medical device companies to account for harms that their products create for society. Medical device companies have been able to externalize …


Table Of Contents - Cardozo Law Review, Volume 35, Issue 2 Dec 2013

Table Of Contents - Cardozo Law Review, Volume 35, Issue 2

Cardozo Law Review

No abstract provided.


No Promo Hetero: Children's Right To Be Queer, Clifford J. Rosky Dec 2013

No Promo Hetero: Children's Right To Be Queer, Clifford J. Rosky

Cardozo Law Review

This Article argues that the state has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand.

Building upon a schema familiar to legal scholarship on LGBT rights, this Article challenges the state's interest in promoting heterosexuality in childhood by articulating a tripartite defense of children's homosexual speech, status, and conduct. It argues that these three aspects of children's homosexuality are connected to and protected by the Constitution's free …


Fixing Copyright In Characters: Literary Perspectives On A Legal Problem, Zahr K. Said Dec 2013

Fixing Copyright In Characters: Literary Perspectives On A Legal Problem, Zahr K. Said

Cardozo Law Review

No abstract provided.


Legislative Diplomacy, Ryan M. Scoville Dec 2013

Legislative Diplomacy, Ryan M. Scoville

Michigan Law Review

A traditional view in legal scholarship holds that the U.S. Constitution assigns the president exclusive power to carry on official diplomatic communications with foreign governments. But in fact, Congress and its members routinely engage in communications of their own. Congress, for example, receives heads of state and maintains official contacts with foreign parliaments. And individual members of the House and Senate frequently travel overseas on congressional delegations (“CODELs”) to confer with foreign leaders, investigate problems that arise, promote the interests of the United States and constituents, and even represent the president. Moreover, many of these activities have occurred ever since …


Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas Dec 2013

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

Michigan Law Review

Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …


The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain Dec 2013

The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain

Michigan Law Review

As part of the global “War on Terror,” federal agents intentionally delay issuing Miranda warnings to terrorism suspects during custodial interrogations. They delay the warnings presuming that unwarned suspects will more freely offer vital national security intelligence. After a suspect offers the information he has, agents administer Miranda warnings and attempt to elicit confessions that prosecutors can use at the suspect’s trial. No court has ruled on the constitutionality of this two-step national security interrogation process to determine whether admitting the second, warned confession is allowed under Miranda v. Arizona and its progeny. A fragmented Supreme Court examined two-step interrogations …


The Pallant V Morgan Equity Reconsidered, Man Yip Dec 2013

The Pallant V Morgan Equity Reconsidered, Man Yip

Research Collection Yong Pung How School Of Law

This paper argues that the Pallant v Morgan equity should not be recognised as an independent doctrine because it does not rest on any tenable jurisprudential basis. It shows that a characterisation based on ‘common intention’ should be rejected because it is inconsistent with established legal principles and commercial practice. The alternative explanation based on breach of fiduciary duty, as suggested by Etherton LJ in Crossco No. 4 Unlimited v Jolan Unlimited [2011] 2 All ER 754 fares no better, as there is no reason why the Pallant v Morgan equity cases should be considered separately from other instances of …


The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang Dec 2013

The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This paper explores the use of the fiduciary doctrine whereby the state is conceived as a fiduciary vis-à-vis her native peoples and attendant equitable remedies are made available for the native customary rights over land in Sarawak. Thus far, most challenges to extinguishment of native customary rights in Sarawak have proceeded on constitutional grounds, with little success. This article draws on the jurisprudence of fiduciary law in other parts of the Commonwealth and argues that this is a viable alternative cause of action against the state.


Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh Dec 2013

Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh

Research Collection Yong Pung How School Of Law

In Sembcorp Marine Ltd v PPL Holdings Pte Ltd the Singapore Court of Appeal once again reaffirmed the Singapore courts’ rejection of the approach adopted by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd which characterised the implication of a term in fact as a process of contractual interpretation. What may be of interest to practitioners and academics of common law jurisdictions wrestling with the implications of the Belize approach is the Court of Appeal’s prescription of ‘a three-step process’ for the implication of terms in fact, which is accompanied by an in-depth discussion of various conceptual …


Punishment And Protection - The Disqualification Of Directors In Singapore, Pearlie M. C. Koh Dec 2013

Punishment And Protection - The Disqualification Of Directors In Singapore, Pearlie M. C. Koh

Research Collection Yong Pung How School Of Law

The ability to operate behind the shield of the corporate form, thereby benefiting from limited liability, is thought to be a privilege conferred by statute. This privilege is however, curtailed for certain individuals who are “proven misfits”. The removal, by disqualification, of these individuals from corporate management is intended to protect the shareholders and creditors of the companies concerned from the possibility of future instances of undesirable conduct by these same individuals. Thus, the Companies Act of Singapore provides for disqualification from holding directorships or from management of a company on a number of grounds. Disqualification may be automatic or …


Cosmopolitanism In Constitutional Law, Vlad Perju Dec 2013

Cosmopolitanism In Constitutional Law, Vlad Perju

Cardozo Law Review

No abstract provided.


Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy Dec 2013

Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy

Cardozo Law Review

No abstract provided.


Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando Dec 2013

Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando

Cardozo Law Review

No abstract provided.


"Data, Views, Or Arguments": A Rumination, Michael Herz Dec 2013

"Data, Views, Or Arguments": A Rumination, Michael Herz

Articles

No abstract provided.


Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong Dec 2013

Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Court of Appeal affirmed the High Court’s ruling that the applicant had no locus standito challenge the compatibility of a loan made by the Government to the InternationalMonetary Fund with Art 144(1) of the Constitution. On the interpretation of Art 144(1), therewas no prima facie case of reasonable suspicion that such incompatibility existed. Moreover,the applicant did not have sufficient interest in the matter.


From The Dean, Joseph Harroz Jr. Nov 2013

From The Dean, Joseph Harroz Jr.

Sooner Lawyer Archive

No abstract provided.


Faculty News Nov 2013

Faculty News

Sooner Lawyer Archive

No abstract provided.


Class Notes Nov 2013

Class Notes

Sooner Lawyer Archive

No abstract provided.


Res Ipsa Loquitur Nov 2013

Res Ipsa Loquitur

Sooner Lawyer Archive

No abstract provided.


Giving Highlights Nov 2013

Giving Highlights

Sooner Lawyer Archive

No abstract provided.


The Class Of 2016: Variety Is The Spice Of Law School Life, Jonella Frank Nov 2013

The Class Of 2016: Variety Is The Spice Of Law School Life, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


Historic Chickasaw Nation Gift Enhances World-Class Native American Law Program, Jonella Frank Nov 2013

Historic Chickasaw Nation Gift Enhances World-Class Native American Law Program, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


Ou Law Updates Nov 2013

Ou Law Updates

Sooner Lawyer Archive

No abstract provided.


Sooner Lawyer, Fall 2013/Winter 2014 Nov 2013

Sooner Lawyer, Fall 2013/Winter 2014

Sooner Lawyer Archive

No abstract provided.


Alumni Inducted Into Order Of The Owl, Jessica R. Jones Nov 2013

Alumni Inducted Into Order Of The Owl, Jessica R. Jones

Sooner Lawyer Archive

No abstract provided.


100 Years Of Native American Culture: The James T. Bialac Native American Art Collection, Jonella Frank Nov 2013

100 Years Of Native American Culture: The James T. Bialac Native American Art Collection, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


Comparative Analysis Of The Memorandum Of Agreement On The Ancestral Domain (Moa-Ad) Aspect Of The Grp-Milf Tripoli Agreement On Peace Of 2001 And Framework Agreement On The Bangsamoro (Fab), Sedfrey M. Candelaria Nov 2013

Comparative Analysis Of The Memorandum Of Agreement On The Ancestral Domain (Moa-Ad) Aspect Of The Grp-Milf Tripoli Agreement On Peace Of 2001 And Framework Agreement On The Bangsamoro (Fab), Sedfrey M. Candelaria

Ateneo School of Law Publications

Peace processes, which often culminate in the adoption of agreements, have been used traditionally in international law to end armed conflicts. The form within which negotiated settlements have been contained are primarily up to the negotiating parties to determine. However, the legal characterization of these agreements are independently and objectively governed by a set of rules either under the municipal legal system or at the level of international law. A peace treaty is an “agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they stipulate the conditions of peace and …


Fair Dealing Law & The Contractual Environment, Margaret Ann Wilkinson Nov 2013

Fair Dealing Law & The Contractual Environment, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


November 28, 2013: The Theology Of The Disappearance Of Thanksgiving, Bruce Ledewitz Nov 2013

November 28, 2013: The Theology Of The Disappearance Of Thanksgiving, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Theology of the Disappearance of Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.