Law Commons^™

Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

In 2017, the Singapore Court of Appeal in Hii Chii Kok v Oii Peng Jin London Lucien (Hii Chii Kok) favoured a patient-centric approach towards issues of providing medical advice. Section 37 of the Singapore Civil Law Act, which took effect on 1 July 2022, stipulates that the standard of care in giving medical advice to patients is based on peer professional opinion. This article will analyse, with reference to other common law jurisdictions, how the new statutory provision applies to patients with mental disorders under the Singapore Mental Capacity Act 2008. It will provide an interpretation of s 37 …

Unpacking Constitutional Literacy, De Maartje Visser, Brian Christopher Jones

Research Collection Yong Pung How School Of Law

The contemporary crisis in relation to constitutional literacy relates not to the lack of knowledge that citizens possess about fundamental constitutional texts, but to the considerable lack of development in relation to what constitutional literacy itself entails. This article accordingly unpacks the notion of constitutional literacy: its importance, its characteristics, its variable nature, and its potential downsides. Using a comparative lens, the article invites reflection on the role that we expect citizens to play in our democracies, and especially the associated knowledge and skills required for successful state performance. We suggest that constitutional literacy is exceptionally multifaceted and fluid in …

Cash Kid: The Need For Increased Financial Protections Of Internet Child Stars On Youtube, Kylie Clouse

William & Mary Law Review

This Note explores the gaps in California’s child entertainment law and the dangers of leaving child internet stars unprotected. This Note argues that while California could update their “Coogan Law” to include young internet stars, a previous attempt (and failure) to do so suggests that this may not be the best way to address the issue. In the alternative, YouTube itself has the framework to address this problem through its Partner Program. If YouTube were to fix the problem directly, it would leave child stars on other online platforms unprotected; but it could set a precedent among other platforms that …

Academic Economic Espionage?, Elizabeth A. Rowe

William & Mary Law Review

In 2018 the U.S. government announced that Chinese espionage was occurring in university research labs, and the Department of Justice subsequently made it a high priority to prosecute economic espionage in academia. The DOJ’s grave concerns about espionage in academia have continued, and the Director of the FBI has lamented that American taxpayers are footing the bill for China’s technological development. This geopolitical concern about espionage has had real world and personal consequences in academia. Since 2019, over a dozen high-profile criminal prosecutions have put prominent professors at major research universities across the country in handcuffs and almost all the …

Using What We Have: How Existing Legal Authorities Can Help Fix America's Nursing Home Crisis, Nina A. Kohn, Adrianna Duggan, Justin Cole, Nada Aljassar

William & Mary Law Review

The COVID-19 pandemic exposed systemic quality-of-care problems in American nursing homes as well as the deadly consequences of a regulatory system that has enabled nursing homes to divert funds needed for care to profit. Policy experts have responded by urging regulators to improve nursing-home oversight practices and by calling for new regulatory and statutory authority to increase accountability. These calls, however, have been met with sharp political headwinds. This Article suggests a path around the political impasse. Specifically, it identifies and explores four opportunities to leverage existing statutory schemes to create stronger incentives for nursing homes to provide high-quality care. …

Private Ordering And Contracting Out In Twenty-First-Century Corporate Law, Robert B. Thompson

Case Western Reserve Law Review

No abstract provided.

Comparing Agency Costs In Contract Production: Private Equity M&A Versus Corporate And Sovereign Bonds, Stephen J. Choi, Mitu Gulati, Robert E. Scott

Case Western Reserve Law Review

No abstract provided.

Doing Good Or Just Looking Good?: An Analysis Of Delaware’S Public Benefit Corporation A Decade After Its Creation, Amanda Schwaben

Case Western Reserve Law Review

No abstract provided.

The Hidden Cost Of Contracting For Esg: A New Perspective On Private Ordering, Juliet P. Kostritsky, Jillian T. Fox, Blake Spiller

Case Western Reserve Law Review

No abstract provided.

From Founded To Funded: Challenges & Visions For Justice Tech, Kelli Raker

Duke Center on Law & Technology

No abstract provided.

Hydra: Lessons From The World's Largest Darknet Market, Priyanka Goonetilleke, Alex Knorre, Artem Kuriksha

Faculty Scholarship

Research Summary

We present a comprehensive description of Hydra, the largest darknet marketplace in the world until its shutdown in April 2022. We document the main features of Hydra such as dead-drop delivery, feedback and reputation system, escrow, and dispute resolution. Using data scraped from the platform, we quantitatively examine the scale and the structure of the marketplace. We find that it has been highly competitive, geographically covering at least 69% of the Russian population and trading a wide variety of drugs, while also allowing the wholesale trade of drugs and precursors. The dead-drop delivery system used on Hydra was …

Bending The Rules Of Evidence, Edward K. Cheng, G. Alexander Nunn, Julia Simon-Kerr

Faculty Scholarship

The evidence rules have well-established, standard textual meanings—meanings that evidence professors teach their law students every year. Yet, despite the rules’ clarity, courts misapply them across a wide array of cases: Judges allow past acts to bypass the propensity prohibition, squeeze hearsay into facially inapplicable exceptions, and poke holes in supposedly ironclad privileges. And that’s just the beginning.

The evidence literature sees these misapplications as mistakes by inept trial judges. This Article takes a very different view. These “mistakes” are often not mistakes at all, but rather instances in which courts are intentionally bending the rules of evidence. Codified evidentiary …

Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet

Faculty Scholarship

Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a phenomenon we identify as onslaught litigation—defendants harness bankruptcy’s reorganization process to draw together those who allege harm and pressure them into a swift, universal settlement. In doing so, they use the bankruptcy system to deprive survivors of their voice and the public of the truth. This Article identifies this phenomenon and argues that it is time to rein in this destructive use …

Prosecutorial Mutiny, Cynthia Godsoe, Maybell Romero

Faculty Scholarship

No abstract provided.

The Puzzle Of Floating Forum Selection Clauses, Robin J. Effron, John F. Coyle

Faculty Scholarship

No abstract provided.

Equity And Inclusion As Unifying Principles, Alena M. Allen

Journal Articles

No abstract provided.

The Enforce And Protect Act: A Primer On The Administrative Cbp Process And Summary Of Judicial Decisions, Michael E. Roll, Ashley Akers

Vanderbilt Journal of Transnational Law

Enacted in 2015, the Enforce and Protect Act (EAPA)1 gives U.S. Customs & Border Protection (CBP) enhanced tools to enforce U.S. antidumping and countervailing duty (AD/CVD) laws and to protect US industry, which has complained for years that importers and foreign sellers were evading US AD/CVD orders.2 From the point of view of many in US industry, by the time CBP took enforcement action, violators would disappear and CBP would be unable to collect AD/CVD owed for products imported into the United States.3 As a result, US industry would contend that the intended effects of the AD/CVD order, namely, a …

Management Of A Failing Implant Using Guided Bone Regeneration And Esthetic Crown Lengthening In The Esthetic Zone; A Case Report, Bassam M. Kinaia Dds, Ms, Dicoi, Mirranda Kinaia Bs, Roksolana Gala Dds, Ms, Ashleigh Turows Dds, Ms, Anthony L. Neely Dds, Mdentsc, Phd

The Journal of the Michigan Dental Association

A 34-year-old female presented with a failing implant in the esthetic zone. The implant was removed, and the site was reconstructed with guided bone regeneration and a pedicle connective tissue graft. Esthetic crown lengthening was performed on the adjacent teeth to create a harmonious gingival symmetry. Full ceramic crowns were placed on all teeth, including an implant-supported fixed partial denture. Follow-ups at 3, 6, and 12 months showed proper healing with healthy soft tissues and correct bilateral gingival symmetry. The pink and white esthetic scores improved from 8.7 pre-operatively to 19.2 post-final restorations. The patient was pleased with the esthetic …

Autocratic Vs. Democratic Leadership Styles, Michelle Dziurgot Dds

The Journal of the Michigan Dental Association

This reviews characteristics of autocratic and democratic leadership styles. This article is an installment of the MDA Journal’s monthly Editorial department.

J Mich Dent Assoc October 2023

The Journal of the Michigan Dental Association

The October 2023 issue of the Journal of the Michigan Dental Association provides: A message from the chair of the Michigan Dental Association political action committee with a listing of donors and a report on MDA advocacy during 2023, which are this month’s cover stories. Also included is a Q&A feature on dealing with dental benefits companies. This month’s clinical article is a discussion of the management of a failing implant using guided bone regeneration and esthetic crown lengthening. Other features include a listing of 2023 MDA life members and a President’s Message on the dental workforce crisis in Michigan. …

Dentistry And The Law: Is This Patient Abandonment? Two Scenarios, Dan Schulte Jd

The Journal of the Michigan Dental Association

This article discusses two scenarios involving potential patient abandonment. This article is an installment of the MDA Journal’s monthly Dentistry and the Law department.

Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan

Cardozo Law Review

On August 5, 2020, five members of a family were killed when their house was set ablaze. Kevin Bui admitted to investigators that he and two other teens burned the house down after his iPhone had been stolen. He used the Find My application and located his phone at the Green Valley Ranch home. It was not until the next day while reading the news about the arson that he realized he had targeted the wrong residence.

Aaron Twerski: Practical Wisdom At Ground Zero, Anthony J. Sebok

Articles

This Article celebrates Professor. Aaron Twerski’s “practical wisdom” in crafting a solution (with Jim Henderson) to a problem faced by Judge Alvin Hellerstein in the so-called 9/11 First Responder cases. The problem was that Congress did not include these plaintiffs within the Victims Compensation Fund (“VCF”) despite there being every reason to suspect that the interaction of workersman’s compensation law and tort law, if left to operate on their own, would generate a politically unacceptable outcome. Despite his clear misgivings – —expressed decades earlier – —about allowing those who control the workplace to enjoy the benefits of limited liability guaranteed …

Masthead, Volume 45 (2023-2024)

Cardozo Law Review

No abstract provided.

Misunderstanding Meriwether, Brian Soucek, Ryan Chen

Fordham Law Review

Meriwether v. Hartop is widely seen as one of the most important academic freedom and transgender rights cases of recent years. Whether praising it as a victory for free speech or condemning it as a threat to educational equality, commentators across the political spectrum have agreed on one thing: the U.S. Court of Appeals for the Sixth Circuit did something big when it held that professors at public universities have a First Amendment right to misgender their students in class. But contrary to popular belief, Meriwether held no such thing. In fact, the Sixth Circuit could not have held what …

Confronting Carpenter: Rethinking The Third-Party Doctrine And Location Information, Charlie Brownstein

Fordham Law Review

The third-party doctrine enables law enforcement officers to obtain personal information shared with third parties without a warrant. In an era of highly accessible technology, individuals’ location information is consistently being transmitted to third parties. Due to the third-party doctrine, this shared information has been available to law enforcement, without the individual knowing or having an opportunity to challenge this availability. Law enforcement has utilized this doctrine to obtain comprehensive information regarding individuals’ whereabouts over long periods of time.

The U.S. Supreme Court recently limited the reach of the third-party doctrine regarding location data held by cellphone providers. However, this …

The Federal Rules Of Emojis: A Proposed Framework For Handling Emoji Evidence In Trial Contexts, Marilyn Hurzeler

Fordham Law Review

Emojis are 3,633 ubiquitous symbols-as-communication used by 92 percent of internet users. These tiny yet influential pieces of evidence hold the power to complete, enhance, mitigate, and flip the meaning of surrounding text. Consequently, court references to emojis have grown exponentially in the last five years. As emojis have become a cornerstone of digital discourse, courts have increasingly encountered the significant impact of emojis on parties’ legal claims. A guide for handling of emoji evidence under the Federal Rules of Evidence (FRE), therefore, is important to afford proper treatment to this relatively new evidentiary form.

This Note discusses how the …

Risk-Seeking Governance, Brian Broughman, Matthew T. Wansley

Vanderbilt Law School Faculty Publications

Venture capitalists (“VCs”) are increasingly abandoning their traditional role as monitors of their portfolio companies. They are giving startup founders more equity and control and promising not to replace them with outside executives. At the same time, startups are taking unprecedented risks—defying regulators, scaling in unsustainable ways, and racking up billion-dollar losses. These trends raise doubts about the dominant model of VC behavior, which claims that VCs actively monitor startups to reduce the risk of moral hazard and adverse selection. We propose a new theory in which VCs use their role in corporate governance to persuade risk-averse founders to pursue …

The National Security Consequences Of The Major Questions Doctrine, Ganesh Sitaraman, Timothy Meyer

Vanderbilt Law School Faculty Publications

The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of ‘deep economic and political significance’ that is central to [a] statutory scheme,” Congress must do so expressly—threatens to unmake the modern executive’s authority over foreign affairs, especially in matters of national security and interstate conflict. In the twenty-first century, global conflicts increasingly involve economic warfare, rather than (or in addition to) the force of arms.

In the United States, the executive power to levy economic sanctions and engage in other forms of economic warfare …

The Mob Lawyer's Constitution, Sara Mayeux

Vanderbilt Law School Faculty Publications

This article reconstructs the constitutional rhetoric of mob lawyers, as well as drug lawyers and other icons of the high-priced criminal defense bar, from the 1970s through the 1990s-the heyday of federal organized crime prosecutions and thus, of the lawyers who defended against them. Drawing upon pop-culture sources including archival television footage, magazine features, newspaper coverage, and ghost-written mass-market memoirs, the article pieces together the constellation of soundbites through which mob lawyers disseminated their views. As the subjects of frequent media coverage, these lawyers advanced a coherent and distinctive (if crude) set of ideas about the proper relationship between individuals, …