Law Commons^™

An Important Time For The Future Of Class Action Waivers And The Power Struggle Between Businesses And Consumers, Jack Downing

Missouri Law Review

This Note discusses the inherent problems that come with arbitration clauses in contracts of adhesion. Further, this Note will address the likelihood of a potential change – through future Supreme Court interpretations of the FAA or new legislation. Something must be done to protect those with inferior bargaining power from being forced, through contracts of adhesion, to give up their right to bring class action lawsuits. If Congress, the Supreme Court, and regulatory agencies maintain the status quo, companies will retain the ability to improperly strip consumers of their rights and their due compensation nationwide.

Statutory Interpretation In Missouri, Matthew Davis

Missouri Law Review

Although countless secondary sources discuss the canons used to interpret statutory language, few thoroughly focus on the canons cited by Missouri courts. This four-part Note attempts to fill that void. Part II begins by organizing and concisely stating roughly thirty rules of statutory interpretation. Part III then contends that two of these principles – that the purpose of a statute should be furthered and that absurd outcomes should be avoided – often lend themselves to unpredictable results. Part IV concludes by suggesting one way this unpredictability could be minimized.

Private Complements To Public Governance, Emily S. Bremer

Missouri Law Review

This Article suggests that private governance offers an attractive alternative or complement to the administrative state. It is commonly assumed that without administrative agencies, there would be no regulation. As a foundational matter, this Article challenges the notion that there are only two, mutually exclusive options: governmental regulation or no regulation all. Although it is perfectly natural for public law scholars to focus primarily on regulation through government institutions and programs, much regulation is in fact accomplished via mechanisms outside the administrative state.4 At least in some circumstances, it is not only possible but may even be preferable to use …

Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha

Missouri Law Review

Part II of this Note discusses the legal context in which this issue must be framed and gives a brief history of how the courts have handled public school drug-testing policies to this point. Part III examines the current state of drug testing in the academic setting – specifically focusing on the ongoing legal situation at Linn State. Part IV delves into questions concerning the Eighth Circuit’s current treatment of the Linn State situation, as well as the potential approaches that the judiciary could take in future cases.

1909 And 1910, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

1907 And 1908, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

1915 And 1916, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

1911 And 1912, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

Vol. 51, No. 10 (October 31, 2016)

Indiana Law Annotated

No abstract provided.

Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

1913 And 1914, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

A Comprehensive Review Of The 2016 Asha Code Of Ethics, Robin L. Edge Ph.D., Ccc-Slp, Bess Sirmon-Taylor Ph.D., Ccc-Slp, Raul F. Prezas Ph.D., Ccc-Slp

Journal of Human Services: Training, Research, and Practice

The American Speech-Language-Hearing Association (ASHA) initially implemented a Code of Ethics in 1952, and has periodically revisited the content of the document with revisions to reflect the expanding scope of practice within speech-language pathology and audiology and to clarify certain concepts. Code revision is a cyclical mandated task of the ASHA Board of Ethics conducted to assure accuracy, currency, and completeness of this most important document (Solomon-Rice & O’Rourke, 2016). The current version of the Code of Ethics (2016) was modified from the previous version (2010r), with an updated preamble, definitions of related vocabulary, and re-organized language in the principles. …

Kurtis Andersen, Petitioner And Appellant V. Scott Crowther, Warden, Utah State Prison Utah State Prison, Et Al, Defendant And Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petitioner, Kurtis Andersen, in the above-entitled manner, appeals to the Utah Court of Appeals form the final Summary Judgment entered in this action on June 8, 2016.

Mmu: 10/31/16–11/06/16, Student Bar Association

Monday Morning Update

Law School Trick or Treat

Electronic Bluebook Training

SBA @ Five Guys

Financial Wellness Tip

Fall Ball Pictures, Please

Bloomberg Law Event Save the Date

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: Sebastian Fischer

Connections To Non-Geographic Numbers. Comment To The Judgment Of The Court Of Justice Of The European Union Of 14 April 2016, C – 397/14, Łukasz Pirożek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Contents: I. Introduction II. The subject of the case III. The reasons of the judgment of the Court of Justice of the EU IV. Summary

Legal Nature Of Consultation Between The European Commission And The President Of The Office Of Electronic Communications In Regulation Of The Telecommunication Market, Mateusz Chołodecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of the paper is to review the legal nature of the consultation procedure between European Commission (EC) and the President of the Office of Electronic Communications (UKE). In the procedure, EC analyses a draft of the regulatory measures notified by UKE and has right to issue a recommendation. Moreover, the author discusses a problem of the judicial control of the decision issued by UKE as a result of the consultation with EC. According to the author, only the national courts (SOKiK) are legitimate to control the decision.

From The Editor, Stanisław Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Editorial

1917 And 1918, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma

BYU Law Review

Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey

BYU Law Review

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …

Human Rights, Religious Freedom, And Peace, David Little

BYU Law Review

No abstract provided.

When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan

BYU Law Review

No abstract provided.

Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty

BYU Law Review

No abstract provided.

Internet Of Things. Medical Treatment Delivered By Computers: Fiction Or Reality?, Ewa M. Kwiatkowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the Internet of Things (IoT) applications in medicine. The advantages of using electronic medical records are described. The possibilities of mobile applications and peripheral devices related to health and physical activity utilization are presented. The opportunities and threats that may arise from computerization of health care are discussed.

Zero-Rating In Internet Access Services And Specialised Services, Andrzej Nałęcz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Zero-rating is the practice of offering unlimited access to certain internet content to data plan subscribers in mobile communication networks. It is pertinent to the concept of network neutrality. The article explains the various types of zero-rating and presents their positive and negative consequences. The positives relate most of all to a beneficial influence on the competition between providers of internet access services. The negatives consist in a detrimental influence on the development of innovative internet content. Zero-rating is considered a threat to network neutrality even in developing countries, even though it is there that social development might benefit the …

New Legal Rules Of Providing Internet Access Services, Stanisław Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Article presents the consequences of EU regulation 2015/2120 concerning open internet access for providers of access services and end-users. The scope and legal character of new rules are discussed. Elaborated are guarantees for end-users and restrictions imposed on service providers concerning traffic management measures. The article explains effects of new rules concerning content of contracts and enforcement of service provider’s responsibility for non-performance of quality requirements of service contracts. The BEREC guidelines regarding the monitoring and enforcing the regulation were presented.

Maturity Of Regulatory Regime In A Process Of Deregulation Of A Sector. Telecommunication Sector Example, Maria Dąbrowa, Renata Śliwa

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

There is an endeavor undertaken in the paper to outline the relations between deregulation phenomenon and the level of regulatory infrastructure maturity. The content of the article introduces the description of regulatory infrastructure, the methods if its presentation as well as the analytical approach to the relations between deregulation and regulatory infrastructure in telecommunications sector. The empirical analysis was directed to verify the hypothesis on the possible, positive impacts of the maturity of regulatory infrastructure on the scale of deregulation in telecommunications. The notions of the scale of deregulation and the condition of sectoral regulator were defined. The methodology of …

Journalistic Confidentiality In The Codes Of Journalistic Ethics, Ewa Galewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Journalistic confidentiality and revealing information constituting thereof should be examined not only as a legal problem but also issue of highly important meaning in the light of journalists’ professional ethics. Journalists select values they intend to protect. When selecting such values journalists should apply provisions of law that are of key importance here. Provisions of law however should be complemented by norms of professional ethics aiming at supporting journalists making such difficult selection.

Postal Secrecy And Its Protection, Mariusz Czyżak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The notion of the postal secrecy and instruments of its legal protection are discussed in the article. The obligations of postal operators to protect the postal secrecy and the penal consequences of administrative and criminal law on account of the postal secrecy contravention are presented. In the article it was also indicated that the protection of the postal secrecy does not lose its importance considering an increase of the volume of courier services related to the development of electronic commerce.

Main Changes In The Law On Supporting The Development Of Telecommunications Networks And Services, Wojciech Dziomdziora

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents the main changes to the law on supporting the development of broadband services and networks. Changes in the subject and object scope of the Act were described. Article presents the definition of the technical infrastructure – as a new concept in the law Discussed is the principle of access to technical infrastructure and issues of information obligations imposed on operators, and telecommunications company’s right to inspect the technical infrastructure. Separate paragraph is devoted to the protection of infrastructure because of safety, health, defense and public order. Briefly presented are provisions on the point of information for telecommunications. …