Law Commons^™

Fisher V. Ut Austin - Contextualized Brief, Lauren H. Sobotka

Student Publications

Contextualization of the 2013 Supreme Court case, Fisher v. University of Texas at Austin, in which Abigail Fisher was denied admission. This paper also analyzes past Court cases dealing with affirmative action in the admissions process.

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.

Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias

Student Publications

Italy's unique geographic location at the coast of the Mediteranean Sea gives much opportunity for the international community to criticize its dealings with asylum seekers crossing the body of water to enter Europe. The UNHCR reported that as of October 2014, 165,000 asylum seekers had taken dangerous journeys across the Mediterranean Sea; of those 165,000 people, Italy received 140,000.

Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael Wells

Scholarly Works

A great deal of scholarly attention is devoted to constitutional rights and comparatively little to remedies for their violation. Yet rights without remedies are not worth much, and remedial law does not always facilitate the enforcement of rights, even of constitutional rights. This Article discusses an especially challenging remedial context: suits seeking damages for constitutional wrongs that occurred in the past, that are unlikely to recur, and hence that cannot be remedied by forward-looking injunctive or declaratory relief. Typical fact patterns include charges that the police, prison guards, school administrators, or other officials have engaged in illegal searches and seizures, …

Designing Law School Externships That Comply With The Flsa, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

Commentaries On The Iaals' Honoring Families Initiative White Paper, Barbara A. Babb

All Faculty Scholarship

Family courts are not likely to disappear, as they currently constitute the largest proportion of trial court filings in most states. It appears as though family courts have become an emergency room for family problems. Thus, we need to enhance our efforts to improve the family justice system. In order to revamp family courts most effectively, there must be a focus on the creation of unified family courts that are grounded in therapeutic jurisprudence and the ecology of human development. This framework allows for a more responsive and holistic approach to families' legal and underlying nonlegal needs. The goal of …

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

All Faculty Scholarship

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution's Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and civil liberties ‒ that any activity must be permitted if it is not imposed upon others without their consent, and if …

Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin

All Faculty Scholarship

As the recent case of United States v. Lundbeck illustrates, the Federal Trade Commission’s lack of knowledge in medical and pharmacological sciences affects its evaluation of transactions between medical and pharmaceutical companies that involve transfers of rights to manufacture or sell drugs, causing the agency to object to such transactions without solid basis for doing so. This article argues that in order to properly define a pharmaceutical market, one must not just consider the condition that competing drugs are meant to treat, but also take into account whether there are “off-label” drugs that are used to treat a relevant condition, …

Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 23, No. 1 (Fall 2014), Dale Margolin Cecka

Law Faculty Publications

Contents

Learning Styles and Problem-Solving: What Difference Does Our Teaching Make?, by Eric DeGroff, Professor of Law at Regent University

Chair’s Column, by Professor Jim Moliterno

Section’s Website Update

Law Faculty News

News and Events Around the Commonwealth

CALL FOR NOMINATIONS William R. Rakes Leadership in Education Award

2014-2015 Board of Governors

They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath

Akron Law Faculty Publications

Many 1L students do not understand that written comments have different purposes and varying degrees of importance. In addition, students often do not fully appreciate the importance of editing in stages. Color-coding comments is one way to help students both distinguish between different comments and incorporate comments during the revision process.

Color-coded comments are particularly useful early in the semester when students are revising drafts. Color-coded comments allow students to identify the “type” of comment (e.g. organizational vs. grammatical) before reading the substance of the comment, allowing for better comprehension of the comment. In addition, color coded comments can help …

Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver

Akron Law Faculty Publications

This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …

Adoptive Admissions And The Duty To Speak: A Proposal For An Appropriate Test For The Admissibility Of Silence In The Face Of An Accusation, Bret Ruber

Cardozo Law Review

No abstract provided.

Volume 39, No. 2

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Graeme Maitland

Digital Editor: Jenna LeBlanc

Editors: Melanie Gillis, Rohan Rajpal, Sarah Walsh

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas M. Antkowiak

Duke Journal of Comparative & International Law

No abstract provided.

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez

Duke Journal of Comparative & International Law

No abstract provided.

A Domestic Proposal To Revive The Hague Judgments Convention: How To Stop Worrying About Streams, Trickles, Asymmetry, And A Lack Of Reciprocity, Eric Porterfield

Duke Journal of Comparative & International Law

No abstract provided.

Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni

University of Miami International and Comparative Law Review

No abstract provided.

Heterogeneity In Irb Policies With Regard To Disclosures About Payment For Participation In Recruitment Materials, Megan S. Wright, Christopher Robertson

Faculty Scholarship

Scholars have documented variation in the way local Institutional Review Boards differently adjudicate identical research proposals. It is unclear whether such heterogeneity is due to variation in positive policies, or variation in human processes of interpretation and enforcement. A particularly interesting question relates to whether investigators are allowed to provide truthful information about research opportunities to potential participants, which some IRBs seem to forbid. We investigated local IRB policies on disclosing the amount of compensation in recruitment materials by conducting a census of the top 100 institutions by receipt of NIH funding in 2012. We downloaded the relevant policies and …

Remedies For Non-Citizens Under Provincial Nominee Programs: Judicial Review And Fiduciary Relationships, Delphine Nakache, Catherine Blanchard

Dalhousie Law Journal

In Canada, more and more people get permanent residency under Provincial and Territorial Nominee Programs (PTNPs). Despite this new reality, there is today no detailed examination of the consequences of PTNPs for immigrants' rights and protections. In this paper, we seek to fill this gap. As we show, PTNPs have no statutory basis and officials who administer these programs do not exercise statutory authority of any kind. An alternative would be that these programs become "law"; then the decisions made under them would bejudicially reviewable for conformity with that law. However, it is unlikely to happen because "flexibility" is seen …

Guilty Displeasures: White Resistance In The Social Justice Classroom, Rakhi Ruparelia

Dalhousie Law Journal

In this article, the author reflects on the challenges of teaching white law students about racism and whiteprivilege asa racializedprofessor To situateher experiences and to better understand the obstacles that professors who teach critically about race and racism confront, she draws from theories of racial identity development and research on student evaluations to contextualize student responses to antiracist pedagogy Grappling with racism in a meaningful way leaves many white students feeling distraught, angry and guilty, among other unpleasant emotions. Professors who initiate these discussions become the natural targets of criticism and blame as students struggle with their discomfort. The hostility …

Shareholder Liability In Nova Scotia Unlimited Companies, Mohamed F. Khimji

Dalhousie Law Journal

Unlimited Companies incorporated under the Nova Scotia Companies Act (NSULCs) have, in recent decades, become recognized as tax efficient forms of business organizations. NSULCs differ from conventional business corporations in that their shareholders are exposed to liability for corporate obligations under the enabling legislation. This paper attempts to provide an analysis of the precise nature of unlimited liability faced by shareholders in such entities in response to recent bankruptcy litigation in the U.S. that raised the issue of the relationship between a shareholder's liability for a debt of the firm under the enabling legislation and under a contractual guarantee provided …

Bad Company! The Assumptions Behind Proxy Advisors' Voting Recommendations, Bryce C. Tingle

Dalhousie Law Journal

The corporate governance challenge for Canada is to improve the quality of its corporate performance, which has been declining relative to its international peers for decades. This is quite different from the usual assumption that corporate governance is primarily a matter of controlling managerial self-dealing. While important, board monitoring of management is only one aspect of its role in a corporation; research suggests corporate governance arrangements have a significant impact on corporate outcomes, particularly in areas such as innovation where Canada lags. Third-party proxy advisory firms, which provide advice to institutional investors in Canada on corporate governance matters, have grown …

The Trials Of Clinical Education, Jonathan H. Oberman, Ekow N. Yankah

Articles

The article discusses the role of clinical education in law schools, emphasizing its value in bridging the gap between theoretical learning and practical experience. It highlights the challenges faced by students in clinical settings, such as the disparity between the meticulous preparation in classrooms and the often abrupt realities of courtroom decisions. The authors argue that while clinical education provides invaluable practical skills, it also risks disillusioning students when real-world outcomes contradict academic expectations. They advocate for a balanced approach that integrates both theoretical and practical training to prepare effective lawyers.

The Internet Of Things: Building Trust And Maximizing Benefits Through Consumer Control, Julie Brill

Fordham Law Review

    The Internet of Things is one of the fastest growing facets of a world that is becoming more data intensive. Connecting cars, appliances, and even clothing to the internet promises to deliver convenience, safety, and, through analysis of the torrent of additional data generated, potential solutions to some of our most intractable problems. But turning on this data flood also creates privacy and security risks for consumers, challenging us to consider how to apply basic privacy principles to the Internet of Things. A wide range of stakeholders—technologists, lawyers, industry leaders, and others—has a role to play in meeting this challenge.

Agency Costs And The False Claims Act, David Farber

Fordham Law Review

The False Claims Act represents the U.S. Justice Department’s most effective tool in detecting, punishing, and deterring fraud against the government. The effectiveness of the False Claims Act is due in large part to the law’s qui tam provisions, which provide a private right of action to whistleblowers who may sue fraudsters on behalf of the government in exchange for a percentage of the recovery. The resulting relationship between the government and whistleblowers has led to increased detection and recoveries from corporate defendants who defraud and abuse government programs.
However, these whistleblower provisions also come with social costs where profit-motivated …

Reputational Injury Without A Reputational Attack: Addressing Negligence Claims For Pure Reputational Harm, Bryson Kern

Fordham Law Review

    This Note examines the unsettled relationship between defamation and negligence. The law of defamation, through the torts of libel and slander, constitutes a well-developed and complex body of state common law and constitutional considerations. However, some claims for reputational harm may fall outside of this framework, as the law of defamation does not account for all of the ways that an individual’s reputation may be injured. Thus, plaintiffs sometimes bring negligence claims to seek redress for damage to reputation.
    When a plaintiff brings a negligence claim for pure reputational harm, the court is faced with a variety of options for …

Searching For A Harmless Alternative: Applying The Harmless Error Standard To Alternative Theory Jury Instructions, Erika A. Khalek

Fordham Law Review

Judges in federal criminal cases provide juries with instructions before the jury members retire to consider their verdict. In some situations, the judge may include alternative theories of guilt, informing the jury that it may convict a defendant of a single offense on the basis of one of several different theories. But because most juries in federal criminal trials deliver only a general verdict of either “guilty” or “not guilty,” it is usually not possible to determine the theory upon which the jury relied in reaching its decision. This lack of transparency may be problematic if the defendant appeals his …

An Officer Walks Into A Bar: Acknowledging The Need For Deterrence In Officer And Director Bars, Steven W. Shuldman

Fordham Law Review

    The U.S. Securities and Exchange Commission (SEC) is the civil regulatory agency responsible for helping to defend and protect the American investor. One significant threat to investor security occurs when an individual, acting as an officer or director, violates a fiduciary duty to his or her employer and its shareholders, risking investor money. These actions could involve insider trading, fraudulent statements in public filings, or other self-serving conduct.
    Recognizing the importance of deterring such misconduct, Congress gave the SEC the authority to bar certain individuals from serving as officers and directors of public companies. An individual should be barred if …

Des And A Proposed Theory Of Enterprise Liability, Naomi Sheiner

Fordham Law Review

    To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.
    The first piece selected by the Board is DES and a Proposed Theory of Enterprise Liability. This Comment, written in 1978 by Fordham Law Review staff member Naomi Sheiner, helped to pioneer the concept of enterprise liability. It has been cited by nearly 250 scholarly articles and in more than 100 cases, including Sindell v. Abbott Laboratories, 607 P.2d 924 (Cal. 1980), the leading case …