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Articles 1 - 19 of 19
Full-Text Articles in Law
The Challenges Of Applying Computational Legal Analysis To Mhealth Security And Privacy Regulations, Brian Tung
The Challenges Of Applying Computational Legal Analysis To Mhealth Security And Privacy Regulations, Brian Tung
McKelvey School of Engineering Theses & Dissertations
As our world has grown in complexity, so have our laws. By one measure, the United States Code has grown over 30x as long since 1935, and the 186,000-page Code of Federal Regulations has grown almost 10x in length since 1938. Our growing legal system is too complicated; it’s impossible for people to know all the laws that apply to them. However, people are still subject to the law, even if they are unfamiliar with it. Therein lies the need for computational legal analysis. Tools of computation (e.g., data visualization, algorithms, and artificial intelligence) have the potential to transform civic …
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Journal of Food Law & Policy
Isolated food safety crises are not uncommon occurrences in the United States. Indeed, the history of public scares indicates a pattern of deficiencies in the safety of the American food supply. In the early 20th century, the public learned of the squalid conditions of meatpacking facilities through muckraking publications such as Upton Sinclair's The Jungle. In the 1980s, a 60 Minutes report documented research finding carcinogenic properties of a widespread pesticide, traces of which were commonly found in apple-based products. In the 1990s, widespread media reports of beef tainted with E. coli led to both product recalls unprecedented in scope …
Changemakers: Finding The Perfect Niche, Michael Bowden
Changemakers: Finding The Perfect Niche, Michael Bowden
Life of the Law School (1993- )
No abstract provided.
Medical Volunteers During Pandemics, Disasters, And Other Emergencies: Management Best Practices, John I. Winn, Seth Chatfield, Kevin H. Govern
Medical Volunteers During Pandemics, Disasters, And Other Emergencies: Management Best Practices, John I. Winn, Seth Chatfield, Kevin H. Govern
Seattle Journal of Technology, Environmental & Innovation Law
How best to utilize volunteers[1] during medical emergencies is an essential part of hospital compliance planning. Onboarding recruited and spontaneous volunteers during crisis situations require careful consideration of multiple legal issues. Volunteer planning becomes more complex if volunteers move across state lines because applicable tort immunity statutes,[2] compensation limits,[3]and workers compensation regimes vary significantly from one jurisdiction to another. Effective planning for volunteers requires these and other issues to be addressed well in advance of actual emergencies. Although predicting the scope or severity of any future crisis is impossible, the provided checklist of management best practices …
The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold
The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold
Journal of Food Law & Policy
At the beginning of the 20th Century, the U.S. dairy industry was comprised of millions of small-scale operations producing for their own or for very local consumption. By the end of the 20th Century, the industry was dominated by large-scale producers marketing products via large cooperatives. Improvements in transportation, advances in animal breeding and feeding technologies, and scale economies have allowed the industry to be more competitive on global markets, where there is now active international trade in dairy products. Major government programs to support dairy farm income date back to Depression-era problems facing the industry. Federal programs to support …
Considering Sanctions Compliance In Light Of Ucc 4a, Michael Zytnick, Alaina Gimbert
Considering Sanctions Compliance In Light Of Ucc 4a, Michael Zytnick, Alaina Gimbert
Michigan Business & Entrepreneurial Law Review
As part of a bank’s financial crime compliance program, it is increasingly common to screen and halt the processing of a payment order for compliance investigation where reference is made to a potential, but unconfirmed, target of United States economic sanctions. This essay discusses challenges under Article 4A of the Uniform Commercial Code concerning the timing of such an investigation and the creation of potential liability where a bank wrongly accepts by execution a previously halted payment order received from a sender following five funds transfer business days after the relevant execution date or payment date of that order. In …
Civil Rights Law—Out Of The Shadows: The Case For Arkansas To Achieve Full Compliance With The Prison Rape Elimination Act, Connor Thompson
Civil Rights Law—Out Of The Shadows: The Case For Arkansas To Achieve Full Compliance With The Prison Rape Elimination Act, Connor Thompson
University of Arkansas at Little Rock Law Review
No abstract provided.
Where Law Meets Equity: Evidentiary Hearings Under California Business And Professions Code Section 7031, Eric R. Reed
Where Law Meets Equity: Evidentiary Hearings Under California Business And Professions Code Section 7031, Eric R. Reed
Loyola of Los Angeles Law Review
California’ s contractor licensing statutes severely penalize unlicensed contractors. Even a brief license disruption may result in a contractor being unable to collect unpaid invoices or having to disgorge money received for past work. Courts began developing a “substantial compliance” exception to these statutes shortly after the legislature enacted them. This institutional tug-of-war prompted the legislature to codify the exception in section 7031(e) of the California Business and Professions Code, and, later, to create a unique stand-alone procedure for adjudicating substantial compliance. Section 7031(e) refers to this procedure as an “evidentiary hearing” but gives little guidance about how to conduct …
International Legal Argumentation: Practice In Need Of A Theory, Ian Johnstone, Steven R. Ratner
International Legal Argumentation: Practice In Need Of A Theory, Ian Johnstone, Steven R. Ratner
Other Publications
In a decentralized global system that lacks the formal trappings of domestic governance systems, most disputes between and among states and non-state actors never reach either a domestic or an international courtroom for authoritative resolution. This state of affairs continues, even with the creation of new international tribunals in recent decades. Despite, indeed because of, the relative scarcity of judicial settlement of disputes, international legal argumentation remains pervasive, but notably in a range of nonjudicial settings. States, corporations, nongovernmental organizations (NGOs), and even guerrilla groups make claims in international legal terms in political bodies like the United Nations’ organs or …
Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Advancing Applied Research In Conservation Criminology Through The Evaluation Of Corruption Prevention, Enhancing Compliance, And Reducing Recidivism, Jessica S. Kahler, Joseph W. Rivera, Zachary T. Steele, Pilar Morales-Giner, Christian J. Rivera, Carol F. Ahossin, Ashpreet Kaur, Diane J. Episcopio-Sturgeon
Advancing Applied Research In Conservation Criminology Through The Evaluation Of Corruption Prevention, Enhancing Compliance, And Reducing Recidivism, Jessica S. Kahler, Joseph W. Rivera, Zachary T. Steele, Pilar Morales-Giner, Christian J. Rivera, Carol F. Ahossin, Ashpreet Kaur, Diane J. Episcopio-Sturgeon
Biological Sciences Faculty Publications
Concomitant with an increase in the global illegal wildlife trade has been a substantial increase in research within traditional conservation-based sciences and conservation and green criminology. While the integration of criminological theories and methods into the wildlife conservation context has advanced our understanding of and practical responses to illegal wildlife trade, there remain discrepancies between the number of empirical vs. conceptual studies and a disproportionate focus on a few select theories, geographical contexts, and taxonomic groups. We present three understudied or novel applications of criminology and criminal justice research within the fields of fisheries, forestry, and wildlife conservation. First, we …
Whistleblowers: Implications For Corporate Governance, Deborah A. Demott
Whistleblowers: Implications For Corporate Governance, Deborah A. Demott
Faculty Scholarship
Often overlooked in academic accounts of corporate governance and the actors who populate governance structures, whistleblowers are no more visible in formal governance frameworks. Within a corporation, whistleblowers may be lower-rank employees, not directors or officers; they may report perceptions of wrongdoing to others within the corporation or inform governmental or other actors who are externally situated. Nonetheless, it is striking how often retrospective accounts of corporate scandals involve episodes of internal whistleblowing associated with governance and compliance failures. This paper argues that incorporating whistleblowers into formal governance structures could spur more proactive involvement by directors in monitoring compliance with …
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
Utah Law Review
The Department of Justice (“DOJ”) has a long-stated goal of encouraging companies to engage in what the author refers to as “compliant behaviors”—maintenance of an effective pre-existing compliance program, post-enforcement adoption of an effective compliance program, cooperation with a government investigation, and self-disclosure of misconduct. Substantial DOJ guidance over the past two decades, along with the concrete incentive structure of the United States Sentencing Guidelines, have increasingly made clear to organizations when and how such behaviors will be rewarded in criminal matters. Recently, DOJ has made transparency and clarity regarding the benefit of compliant behaviors a priority in calculating and …
Us Debarment: An Introduction, John Pachter, Christopher R. Yukins, Jessica Tillipman
Us Debarment: An Introduction, John Pachter, Christopher R. Yukins, Jessica Tillipman
GW Law Faculty Publications & Other Works
Disclaimer: This chapter has been published in The Cambridge Handbook of Compliance edited by Benjamin van Rooij and D. Daniel Sokol (2021), https://doi.org/10.1017/9781108759458. This version is free to view and download for private research and study only. Not for re-distribution or re-use. Copyright John Pachter, Christopher Yukins & Jessica Tillipman.
This chapter, cowritten by senior members of the bar who teach in the leading public procurement law program in the United States, discusses corruption, compliance, and debarment in government procurement. When a government procures goods or services, it must decide questions of price and quality, and – equally importantly – …
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone
FIU Law Review
No abstract provided.
The Law Of Ai, Margot Kaminski
Unexpected Effects Of Expected Sanctions, Giuseppe Dari‐Mattiacci, Alex Raskolnikov
Unexpected Effects Of Expected Sanctions, Giuseppe Dari‐Mattiacci, Alex Raskolnikov
Faculty Scholarship
The economic analysis of law enforcement holds that greater expected sanctions lead to greater compliance. The literature on positive and negative incentives holds that rewards and sanctions – or carrots and sticks – have identical first-order incentive effects. We extend the basic model of law enforcement in three ways. We allow agents to opt out of the regulatory regime, we allow for enforcement errors, and we model agents who vary in at least one trait in addition to their cost of compliance. We show that following these three realistic modifications of the basic model, the two fundamental conclusions just described …
Deterrence Theory: Key Findings And Challenges, Alex Raskolnikov
Deterrence Theory: Key Findings And Challenges, Alex Raskolnikov
Faculty Scholarship
This chapter reviews the key findings of the optimal deterrence theory and discusses the remaining challenges. Some of these challenges reflect current modeling choices and limitations. These include the treatment of the offender’s gains in the social welfare function; the design of the damages multiplier in a realistic, multi-period framework; the effects of different types of uncertainty on behavior; and the study of optional, imperfectly enforced, threshold-based regimes – that is, regimes that reflect the most common real-world regulatory setting. Other challenges arise because several key regulatory features and enforcement outcomes are inconsistent with the deterrence theory’s predictions and prescriptions. …