Law Commons^™

Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado

Fordham Environmental Law Review

No abstract provided.

Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin

Michigan Journal of Gender & Law

This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importantly, I argue that the prevailing paradigm precludes a true understanding …

Personhood Under The Fourteenth Amendment, Vincent J. Samar

Marquette Law Review

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about …

Current Navigation Points In Drug Diversion Law: Hidden Rocks In Shallow, Murky, Drug-Infested Waters, John J. Mulrooney Ii, Katherine E. Legel

Marquette Law Review

None

Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold

Marquette Law Review

It is common practice for recreational businesses, such as ski resorts or fitness centers, to require their customers to sign a release of liability form. The purpose of this release form is to relieve the business from any potential liability in the event a customer suffers an injury. However, since 1982, the Wisconsin Supreme Court has yet to uphold an exculpatory contract. Rather than attempting to lay out principles and guidelines for how to draft an exculpatory agreement—in hopes that it will be ruled enforceable—this Comment proposes that Wisconsin recreational businesses, like ski resorts or gyms, should not require customers …

Progesterone For Prevention Of Preterm Birth: Shortcomings And Unintended Consequences Of The Orphan Drug Act, Rebekah E. Gee, Sreyram Kuy, Laura Karas

Articles

Preterm birth is a problem of major public health significance that continues to plague our country despite the existence of a therapy, 17α-hydroxyprogesterone caproate, with known efficacy in reducing the risk of spontaneous preterm birth among high-risk women. Over the past several years, the Louisiana Department of Health has undertaken a robust, multifaceted initiative to improve access to 17α-hydroxyprogesterone caproate, which resulted in a 3.5-fold increase in the percentage of eligible high-risk pregnant women in the Medicaid program who received the therapy between 2013 and 2016. Yet despite Louisiana's progress, the vast majority of the eligible population still fails to …

Interpreting Contracts Via Surveys And Experiments, Lior Strahilevitz, Omri Ben-Shahar

Articles

No abstract provided.

Moral Commitments In Cost-Benefit Analysis, Eric A. Posner, Cass R. Sunstein

Articles

No abstract provided.

Religious Liberty And The Business Corporation, Ronald J. Colombo

Journal of International Business and Law

Many in the world of business fail to allow their religious convictions to influence their business decisions. This is unfortunate. For teachings from across the religious spectrum generally counsel in favor of conduct and practices that receive near universal acclaim. From improved environmental stewardship, to better treatment of workers, religious traditions proffer an approach to business that, to a large degree, addresses serious concerns raised by a wide range of business's critics over the years. Moreover, evidence suggests that religiously motivated businesspeople practice what they are preached.

It would seem imperative, then, to harness the largely untapped power of religion …

Veprat Penale Kundër Krimit Të Organizuar Dhe Rendit Kushtetues, Bardh Imeri

Theses and Dissertations

Me krime kundër rendit kushtetues kuptohen ato vepra, veprime te kundërligjshme, te drejtuara per te permbysur rendin kushtetues, me ane te vrasjeve, rrembimeve, torturave apo akteve te tjera te dhunshme, etj, te kryera me faj dhe te denueshme nga legjislacioni penal.

Objekti, marrdheniet juridike te vendosura me Kushtetutë e me ligj per te siguruar rendin kushtetues ne Kosovë dhe te mbrojtura nga legjislacioni penal. Nga ana objektive, krimet kryhen me veprime aktive e te kundeligjshme qe shprehen në atentat, komplote, kryengritje, marrje pa te drejte e komandes, thirrje publike per veprime te dhunshme, etj.

Subjekti, cdo person qe ka mbushur …

Fda Regulation Of Mhealth And Wellness Devices: What You Need To Know, Barbara Zabawa

Faculty Works

The integration of mobile health (mHealth) technologies into wellness and healthcare practices presents both opportunities and regulatory challenges. This article explores the role of the U.S. Food and Drug Administration (FDA) in regulating mHealth and wellness devices, particularly as technological advancements blur the lines between general wellness tools and medical devices. It examines the FDA's framework under the Food, Drug, and Cosmetic Act (FDCA) for classifying and overseeing devices based on intended use and associated risks, including the distinctions between medical devices and low-risk wellness products. Guidance documents for mobile medical applications and low-risk wellness devices are analyzed, highlighting their …

Examining The Evolution Of Legal Precedent Through Citation Network Analysis, Iain Carmichael, James Wudel, Michael Kim, James Jushchuk

North Carolina Law Review

No abstract provided.

Social Control Of Wealth In Antebellum New York, William P. Lapiana

ACTEC Law Journal

No abstract provided.

Democracy And Trusts, Carla Spivack

ACTEC Law Journal

Spendthrift trusts which shield assets from creditors have been an ongoing problem for the law since their advent in the nineteenth century. Other, very recent, forms of trust are an even bigger problem: they take the notion of asset protection much farther, allowing settlors to protect not only the beneficiary’s assets, but their own, from creditors; these are called “self-settled asset protection trusts". Moreover, more and more states allow so-called “dynasty trusts” which allow settlors and beneficiaries to maintain assets in trust tax free for generations, overturning long-settled principles of the common law such as the Rule Against Perpetuities. All …

Honoring Probable Intent In Intestacy: An Empirical Assessment Of The Default Rules And The Modern Family, Danaya C. Wright, Beth Sterner

ACTEC Law Journal

This article provides preliminary analysis of an empirical study of nearly 500 wills probated in Alachua and Escambia Counties in the State of Florida in 2013. The particular focus of the study is to determine if there are noticeable patterns of property distribution preferences among decedents based on their diverse family relationships. Earlier empirical studies of distribution preferences indicated that a majority of married decedents wanted to give all or most of their estates to their surviving spouses. As a result of these studies, most states amended their probate codes to give surviving spouses a sizable percentage of a decedent …

Nationwide Permit 12 And Domestic Oil Pipelines: An Incompatible Relationship?, Alexander S. Arkfeld

Washington Law Review

As climate change’s momentum becomes increasingly more difficult to quell, environmentalists are litigating to stop oil pipeline expansion. Litigation over two recently completed oil pipelines—the Flanagan South and the Gulf Coast—illustrates the legal battle environmentalists face. Given the outcome of those cases, it may seem that environmentalists face insurmountable judicial precedent. But they are not out of options quite yet. Although no statute expressly requires the federal government to conduct environmental analysis of proposed domestic oil pipelines, two statutes—the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA)—generally work in tandem to require the U.S. Army Corps of …

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.

The Blight Of The Bumblebee: How Federal Conversation Efforts And Pesticide Regulations Inadequately Protect Invertebrate Pollinators From Pesticide Toxicity, Emily Helmick

Journal of Food Law & Policy

This article explores the Endangered Species Act's conservation efforts towards the Rusty-Patched Bumblebee as a case study that highlights the gaps in protections afforded to invertebrate pollinators. It focuses on how the law does not adequately protect endangered invertebrate pollinators from inadvertent pesticide poisoning and introduces the threat that this poses to our food system.

Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele

Journal of International Technology and Information Management

This paper provides an overview of the current state of privacy and data protection policies and regulations in Nigeria. The paper contends that the extant legal regime in Nigeria is patently inadequate to effectively protect individuals against abuse resulting from the processing of their personal data. The view is based on the critical analysis of the current legal regime in Nigeria vis-à-vis the review of some vital data privacy issues. The paper makes some recommendations for the reform of the law.

Why There Should Be A Presumption Against Nationwide Preliminary Injunctions, Katherine B. Wheeler

North Carolina Law Review

No abstract provided.

No.42 - December 2017, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

The Cost Of Experiencing Everyday Legal Problems Related To Physical And Mental Health, Lisa Moore, Ab Currie, Nicole Aylwin, Trevor C. W. Farrow, Paul Di Libero

Canadian Forum on Civil Justice

In 2016, spending on health care in Canada amounted to approximately $228.1 billion (or an average of $6,299 per person). In several provinces and territories health care spending per capita surpassed $7,000. These amounts represent a significant economic commitment to spending on health care. And while many of the costs associated with maintaining and providing health care are unavoidable, there are also many external factors that adversely affect physical and mental health that, if addressed, can offer avenues for reduced spending and contribute to quality of life. This summary report explores the relationship between health issues, civil and family justice …

Doctrinal Evolution And The Living Constitution, Eliot T. Tracz

University of Dayton Law Review

No abstract provided.

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Publications and Research

This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …

The History Books Tell It: Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Publications and Research

This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …

The Extrapolation Conundrum: Finding A Unified Theory For The Use Of Statistical Sampling In Medicare Fraud Cases Brought Under The False Claims Act, Thomas Reilly

Seton Hall Law Review

No abstract provided.

Just Like Pulling Teeth: How Dental Education’S Crisis Shows The Way Forward For Law Schools, Eric A. Chiappinelli

Seton Hall Law Review

No abstract provided.

The Extraordinary Rise And Sudden Decline Of Law School Tuition: A Case Study Of Veblen Effects In Higher Education, Paul F. Campos

Seton Hall Law Review

No abstract provided.

Gmos, Genetically Modified Organisms Or Genuinely Mixed Opinions? A Reasonable Consumer's Understanding Of The Terms “Gmo” And “Non-Gmo,” And The Struggle To Set A Standard, Nicholas J. Kromka

Seton Hall Law Review

No abstract provided.

The Supreme People's Court's Annual Report On Intellectual Property Cases (2016) (China), Tianyi (Tammy) Wu, Xiaoyang Wang

Washington International Law Journal

The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The Annual Report summarizes intellectual property cases, such as patent, trademark, copyright, trade secrets, and unfair competition cases. This 2016 Annual Report examines 27 cases and includes general guidelines for legal application. It reflects the Supreme People’s Court’s thoughts and approaches for ruling on new, difficult, and complex IP and competition cases.