Law Commons^™

Consumer Protection In The Collaborative Economy In Eu Law – The Analysis Of Selected Problems, Anita Kucharska

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

The main subject of this article focuses on the position of consumers in the collaborative economy in EU law. The phenomenon of the collaborative economy is an emergent field which causes plenty of yet unresolved legal problems. Choosing a method of providing the best kind of protection to the recipients of the services is one of the fundamental issues that need to be immediately analyzed. Safety of the users of platforms should be ensured with consideration of consumer protection rules currently in force and the nature of the collaborative economy’s environment. The author formulates the thesis that it is necessary …

No Habla Español: Are Monolingual Teachers Getting The Support They Need?, Natalie Correa

Capstone Projects and Master's Theses

For this Capstone Project, the researchers investigated how monolingual teachers view the support and resources they received to teach English Language Learners (ELL) and what they thought could be done to improve their teaching effectiveness. An evidence based argument is offered that monolingual teachers were not being provided with effective support and resources. More specifically, three themes emerged from an analysis of the data obtained from interviews of monolingual teachers and administrators. Based on the emergent themes, an action was undertaken to help monolingual teachers better address the needs of ELLs. This is an important issue for monolingual teachers because …

The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …

I Pity The Fool: Ori Herstein's Defense Of The Klutz, Anthony J. Sebok

Articles

No abstract provided.

Day Worker Center: Employer And Client Engagement, Anayeli Avalos

Capstone Projects and Master's Theses

The Day Worker Center of Santa Cruz County is a component of the Community Action Board (CAB), a non-profit organization that has been providing services to eliminate poverty. CAB offers the program, administrative, and fiscal oversight to the Day Worker Center. The County of Santa Cruz is facing a high rate of unemployment, which is affecting the community. What contributes to the problem is low awareness of community knowledge about employment services. Also, the undocumented community that finds it hard to trust services because they think they can get deported. In addition, the issue can cause consequences such as health …

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …

International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck

Scholarly Articles in Law Reviews & Journals

Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …

Addiction-Informed Immigration Reform, Rebecca Sharpless

Articles

Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of "good moral character" needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today's understanding of addiction. The damage done by failing to …

Elder Law And Special Needs Planning (2019), Bernard A. Krooks, Elizabeth Valentin

Books

Part One, written by Bernard A. Krooks, Esq., examines the scope and practice of elder law in New York State, covering areas such as Medicaid, long-term care insurance, powers of attorney and health care proxies. Part Two, written by Jessica R. Amelar, Esq., gives the attorney a step-by-step overview of the drafting of a will, from the initial client interview to the will execution.

This practice guide provides an extensive overview to the practice of elder law, special needs planning and will drafting for attorneys entering this field. Health care proxies and related documents, conflicts of interest and ethical considerations, …

Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

The climate is rapidly changing, bringing more frequent and extreme floods, droughts, and heatwaves, along with stronger hurricanes and more intense wildfires. Each year brings new record-breaking weather extremes; in the first six months of 2019, for example, a record number of U.S. counties flooded. July 2019 was the hottest month ever recorded for the world as a whole (1). Climate change is also melting glaciers, reducing the amount of sea ice, and raising sea levels, bringing devastation to coastal areas. From Louisiana to Alaska, many coastal communities are forced to make difficult decisions about whether to relocate …

Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti

Research Collection Yong Pung How School Of Law

The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …

Equitable Fraud And Double Liability Of A Debtor Following Notice Of Equitable Assignment Of The Debt, Chee Ho Tham

Research Collection Yong Pung How School Of Law

‘Equitable fraud’ is broader in its conception than fraud at common law. Notwithstanding ambiguities as to its precise boundaries, equitable fraud can help explain why a debtor who tenders payment to his or her creditor, despite having received notice that the money debt had been equitably assigned to an assignee, may be ordered to make payment to the assignee if the creditor-assignor were to abscond with the sums tendered, leaving the assignee out of pocket. Such liability can be explained on grounds of the debtor having committed a form of equitable fraud by dishonestly assisting in the creditor-assignor’s breach of …

Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for …

Asia’S Response To The Us Indo-Pacific Strategy: Building The Rcep: Legal And Political Implications, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The Trump administration declared the “Free and Open Indo-Pacific” (FOIP) strategy as the new U.S. policy on Asia in 2017. This new strategy will have far-reaching implications for U.S.-Asia relations and global governance. The FOIP is conventionally perceived to focus on security dimensions. By “free,” the United States expects all countries “to exercise their sovereignty free from coercion by other countries.”1 The qualifier, “open,” is meant to refer to regional connectivity, in particular including freedom of navigation.2 Notably, the economic dimensions of this component also envision “fair and reciprocal trade” and “transparent agreements.”

A New Appellate Structure In The Supreme Court: Bigger, And Better, Paul Tan, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

This is a commentary on the Appellate Division newly proposed to be created in the Supreme Court, pursuant to constitutional and legislative amendments passed in 2019.

Standing Up For Your Rights: A Review Of The Law Of Standing In Judicial Review In Singapore, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

There are two types of rules on standing to apply for judicial review of legislation or executive action on constitutional grounds. ‘Interest-based’ rules grant standing to a person who can demonstrate a ‘sufficient interest’ in the subject matter of the application. ‘Rights-based’ rules require the applicant to identify a specific constitutional right vested in him that has allegedly been violated. Singapore’s standing rules are now rights-based. Rights-based standing rules are distinctively advantageous as they provide a forum for the courts to develop the content of constitutional rights as part of the standing inquiry; such development is not always possible at …

International Dispute Resolution Survey: Currents Of Change: 2019 Preliminary Report (Sidra), Nadja Alexander, Janet Carolyn Checkley, Shou Yu Chong, Joel Ng, Daoyuan Zhu

Research Collection Yong Pung How School Of Law

The 2019 International Dispute Resolution Survey: Currents of Change Preliminary Report presents the first-look findings of the Singapore International Dispute Resolution Academy's groundbreaking examination into the preferences, practices, and perspectives of international dispute resolution users around the globe. These findings examine three international dispute resolution mechanisms: International Commercial Arbitration, International Commercial Mediation, and International Commercial Litigation. The report summarises findings from each mechanism in turn and provides an overview of the results, then explores key trends drawn from the data identifying currents of change drawing international dispute resolution into the third decade of the 21st century.

Perfecting Singapore’S System Of Political Governance: Privileging Elites In The Quest For Good Governance, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

This chapter argues that the office of the Elected President is best understood as an elite institution with eligibility restricted to a select group by a stringent set of criteria for hopefuls from the public and private sectors. The Singapore Constitution provides the Elected President with executive and legislative powers. Since independence in 1965, Singapore has sought to constitutionally engineer a political system that meets its unique needs and aspirations. Any theory of responsible government, undergirded by the separation of powers, will entail some measure of both conflict and cooperation, whether one or the other dominates. Given the particularistic neo-Confucian …

How Design Patent Law Lost Its Shape, Sarah Burstein

Cardozo Law Review

No abstract provided.

Networking Away The American Dream: How Reinterpreting Title Vii Can Reduce Employer Reliance On Exclusive Networks In Hiring And Broaden Access To Professional Opportunity, Austin Howard

Cardozo Law Review

No abstract provided.

A New Model For The Protection Of Consumer Interests In The European Union And Its Possible Implementation Into Polish Law, Jagna Mucha

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

In the draft of a Directive on representative actions, the European Commission proposed an extension of the existing model of the protection of collective consumer interests by the inclusion, therein, of the possibility of compensatory redress. The current model, based on the provisions of Directive 2009/22/EC, does not contain the possibility of consumers to claim compensation, but it enables bringing an action for an injunction by qualified entities designated by the Member States. The above mentioned provision of Directive 2009/22/EC was implemented by the Polish legislator in the Act on Competition and Consumer Protection, which provides separate proceedings concerning practices …

The Great Unfulfilled Promise Of Tinker, Mary-Rose Papandrea

Faculty Publications

The most famous line from Tinker v. Des Moines Independent School District is that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” 393 U.S. 503, 506. People who know only this line from Tinker—and the victory it gave to the Vietnam-war protesting students—likely think of it as an incredibly speech-protective decision. It turns out that although Tinker contains lofty language about the importance of student speech rights, it sowed the seeds for the erosion of those very same rights. In the past …

Subverting Democracy To Save Democracy: Canada’S Extra-Constitutional Approaches To Battling “Fake News”, Michael Karanicolas

Canadian Journal of Law and Technology

Nearly a decade after the first Twitter and Facebook revolutions, the early narratives pointing to social media as a great agent of democratization1 have given way to a more nuanced understanding of the impact of the Internet on our political discourse. While there is no question that Internet access provides tremendous expressive benefits, scholars are increasingly questioning whether this information diet is ultimately healthy for society. An analogy to sugars, fats and salts has emerged, where just as an appetite for rich foods served our species well when resources were scarce, but have become a liability in an age of …

Flying Under The Radar: Two Decades Of Dna Testing At Ircc, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly

Canadian Journal of Law and Technology

Since the early 1990s, Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada) began using DNA testing technology in the processing of family reunification applications. Over the years, Canadian citizens, permanent residents, and family members living abroad have been increasingly suggested, or required to undergo DNA testing to either facilitate or enable them to reunite in Canada, under the family reunification procedure. This practice, although said to be rare, has since grown in popularity, and is used more extensively for applications coming from certain regions, including Africa, Asia, and the Caribbean. Through analysis of recent case law, this paper …

Privacy Law Issues In Public Blockchains: An Analysis Of Blockchain, Pipeda, The Gdpr, And Proposals For Compliance, Noah Walters

Canadian Journal of Law and Technology

Proponents of blockchain proclaim that the technology’s greatest innovation is trust. Blockchain create trust by serving as an indispensable ledger (a central point of truth), for all stakeholders to a transaction. Instead of companies managing and reconciling records of the same transaction in privately held databases, both sides of a transaction are recorded simultaneously on a shared ledger — the blockchain. As a result, the crypto economic environment is characterized by the decentralized coordination of business processes and transactions. Proponents of crypto-economics regard decentralized coordination as an opportunity for new forms of economic innovation, forms designed to increase value for …

Developing A Privacy Code Of Practice For Connected And Automated Vehicles, Rajen Akula

Canadian Journal of Law and Technology

Connected and autonomous vehicles (‘‘CAVs”) can collect, store, process and transmit vast amounts of data. Understanding the use (and potential misuse) of this data, particularly when that data is about an identifiable individual within the meaning of data protection law, is regarded critical to the success of this new mode of transportation. However, what constitutes personal information in relation to coneccted and automated vehicle data on a case-by-case basic. This presents a policy challenge for the government and creates uncertainty for businesses wishing to make use of this data.

Ethical Hacking By Alana Maurushat, Laura Ellyson

Canadian Journal of Law and Technology

Book Review of Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019).

Introduction, Kim Brooks, Kim Brooks

Dalhousie Law Journal

At Schulich, we see business law in a broad frame and understand that business law and policy includes the role of businesses in environmental protection, sustainable investing, inter-nation equity, and access to justice. We understand that businesses operate in broad social, economic, and political contexts, and as a community of scholars we care about the interactions of business law and policy with technology, governance and stakeholder rights, and economic, social and environmental justice. We hope that this collection advances vital scholarly and policy conversations.

A Survey And Critique Of The “Seller In Possession” Statutory Regimes Of Common Law Canada: An Abc Prequel, Clayton Bangsund

Dalhousie Law Journal

The article examines the various provincial and territorial statutory regimes that apply to resolve title disputes emanating from a “seller in possession” scenario in which an initial buyer leaves bought goods in the possession of a seller who then transfers them to a subsequent bona de purchaser. Presently there are four distinct statutory models in force across common law Canada. Some provinces and territories incorporate modernized electronic personal property registry infrastructure into their statutory priority regimes, while others do not. The author undertakes a comparative assessment of the four models, highlights their strengths and weaknesses, and asserts that Model 2—representative …