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Articles 1 - 30 of 144
Full-Text Articles in Law
Towards New Pedagogical Practices In Times Of Covid: Distance Education As A Mark Of Resilience In The Moroccan University, Abdelfettah Nacer Idrissi
Towards New Pedagogical Practices In Times Of Covid: Distance Education As A Mark Of Resilience In The Moroccan University, Abdelfettah Nacer Idrissi
BAU Journal - Society, Culture and Human Behavior
Affected, like most countries in the world, by the covid-19 pandemic which has affected all sectors of activity, Morocco has proposed, as part of a policy of prevention and anticipation. The measures including the objective is not only to limit the spread of covid but also and above all to ensure educational continuity and the transition from face-to-face teaching to distance learning. However, not having, like the majority of countries, a prior strategy to deal with this disaster situation, the concept of the resilience of education systems was not yet included in public policies. This fact did not prevent the …
Legal Writing Mechanics: A Bibliography, Margaret Hannon
Legal Writing Mechanics: A Bibliography, Margaret Hannon
Articles
Great legal writing is about more than mechanics. But careful attention to legal writing mechanics is nevertheless critical for effective, clear, and persuasive writing. Proper grammar, usage, and correct punctuation makes analysis clearer and therefore more effective. It also shows the reader that the writer has paid close attention to detail, which makes the reader more likely to find the writer credible. Relatedly, communicating in plain language is critical to making sure that “readers can easily find what they need, understand what they find, and use that information.” And proper citation—or even better, stylish citation—helps the reader easily understand what …
Police Officers Use Of Ketamine To Subdue Alleged Criminals, Maria Onofre, Peter Platterborze
Police Officers Use Of Ketamine To Subdue Alleged Criminals, Maria Onofre, Peter Platterborze
Honors Program Theses and Research Projects
This review highlights the recent use of ketamine to subdue alleged criminals as an anesthetic. The history and usage of ketamine are studied as a focus on the implementation of ketamine to treat different human needs. The properties and similarities to PCP are compared. All forms of administration, both legal and illegal, and dosages are studied. The review is concluded by a look at the use of ketamine by law enforcement, especially by the Aurora police department.
Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Assessing Access-To-Justice Outreach Strategies, J. J. Prescott
Assessing Access-To-Justice Outreach Strategies, J. J. Prescott
Articles
The need for prospective beneficiaries to “take up” new programs is a common stumbling block for otherwise well-designed legal and policy innovations. I examine the take-up problem in the context of publicly provided court services and test the effectiveness of various outreach strategies that announce a newly available online court access platform. I study individuals with minor arrest warrants whose distrust of courts may dampen any take-up response. I partnered with a court to quasi-randomly assign outreach approaches to a cohort of individuals and find that outreach improves take-up, that the type of outreach matters, and that online platform access …
Put Your Money Where Your Water Is: Building Resilience Through Rates, Amy Hardberger
Put Your Money Where Your Water Is: Building Resilience Through Rates, Amy Hardberger
Faculty Articles
Utilities are challenged with the task of meeting future water demands while generating revenue through the use of the resource. Customarily, utilities base demand projections on subsequent use and calculate price on past consumption. The traditional model of extrapolating cost, based on past consumption, does not allow the utility flexibility to protect the resource in times of crisis. In recent years, water resources have been taxed by population increases and changes in weather patterns. Utilities encourage the use of water at low fees and are unable to conserve during times when the resource is available and cheap. This ineffective rate …
Collateral Estoppel Effects Of Administrative Agency Determinations: Where Should Federal Courts Draw The Line , David Brown
Collateral Estoppel Effects Of Administrative Agency Determinations: Where Should Federal Courts Draw The Line , David Brown
David C. Brown
No abstract provided.
Table Annexed To Article: Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter Aschenbrenner
Table Annexed To Article: Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured.
Table Annexed To Article: Color Me Adverb, Peter J. Aschenbrenner
Table Annexed To Article: Color Me Adverb, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured
Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter J. Aschenbrenner
Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured
Social Networking And The Fourth Amendment: Location Tracking On Facebook, Twitter, And Foursquare, Lisa A. Schmidt
Social Networking And The Fourth Amendment: Location Tracking On Facebook, Twitter, And Foursquare, Lisa A. Schmidt
Cornell Journal of Law and Public Policy
No abstract provided.
Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer
Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer
Law Student Publications
New forms of social media and virtual communication are changing the ways in which we meet new people and develop meaningful relationships. In today's world, you can skype a long-distance significant other or join an Internet chat room to find others who share a similar interest. While, in many ways, the Internet has facilitated our ability to interact with others unencumbered by geographical location or time zone, its unfettered reach has proved to be problematic for one relationship in particular-the marital unit. Studies show that more marriages are ending because of "virtual infidelity," the term used to describe nonphysical behavior …
The Hierarchy That Wasn't There: Elevating ‘Usage’ To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
The Hierarchy That Wasn't There: Elevating ‘Usage’ To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
William P. Johnson
The term ‘usage’ generally refers to any practice that is habitual or customary within a given industry, trade or region. Under domestic U.S. sales law, the term ‘usage of trade’ is defined specifically to refer to any practice or method of dealing that has such regularity of observance as to justify an expectation that parties to a particular contract will observe the usage, even though the parties have not expressly incorporated the usage into their contract. Usage of trade can be used under domestic U.S. sales law to interpret, supplement or explain a written agreement. But usage of trade may …
Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch
Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch
Law and Contemporary Problems
Alberstein and Davidovitch explore the role of apologies in healthcare systems from a broader perspective. The significance of apology in terms of social solidarity is addressed and the ways in which each apology situation entails a clash between cultural identities are demonstrated. The debate on apology is explored by presenting a public health perspective of apologies following collective traumatic events such as the application of sterilization laws or flawed human experimentations in various settings.
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman
Law and Contemporary Problems
Liebman reviews two recent studies evaluating the use of interest-based mediation to resolve medical malpractice claims. The first studied cases brought against the New York City Health and Hospitals Corporation, and the second, Mediating Suits against Hospitals, studied cases brought against private New York City hospitals. How non-participation of physicians in mediations diminishes opportunities to achieve noneconomic goals that plaintiffs desire is analyzed.
A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler
A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler
Law and Contemporary Problems
The concept of a "principled resolution" is the foundation for bioethics mediation. Dubler presents the core bioethical principles that support the creation of principled resolutions as fulcrums for resolving disagreements in the healthcare setting. These disputes may arise among medical providers, between medical providers and patients, or among members of a patient's family and can be managed or resolved by bioethics mediation using the conceptual tool of a principled resolution.
Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi
Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi
Law and Contemporary Problems
Mironi examines the dispute between the Israel Medical Association and the Israeli government. Drawing upon in-depth interviews with the arbitrators and the parties' representatives and counsels, as well as upon the extensive litigation and transcripts of the arbitration proceedings and award, the process-oriented aspects of the arbitration are emphasized. The disputes between the IMA and the government have never been only about money, but also have been about voice, the future status of public healthcare, and the doctors' professional quality of life.
Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow
Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow
Law and Contemporary Problems
No abstract provided.
Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg
Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg
Law and Contemporary Problems
Katsh discusses the new problems that are a consequence of a new technological environment in healthcare, one that has an array of elements that makes the emergence of disputes likely. Novel uses of technology have already addressed both the problem and its source in other contexts, such as e-commerce, where large numbers of transactions have generated large numbers of disputes. If technology-supported healthcare is to improve the field of medicine, a similar effort at dispute prevention and resolution will be necessary.
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee
Law and Contemporary Problems
Holman et al draw attention to the frequent and complicated evidentiary problems in medical malpractice claims and the procedural mechanisms provided by statutes, court rules, and case law that are already in place to facilitate claim resolution. While proposed alternative dispute resolution (ADR) procedures might well provide better resolutions to medical malpractice claims, they must take into consideration both the unique characteristics of medical malpractice disputes and existing mechanisms for resolving these disputes. The profile of the settlements of Florida medical-malpractice claims provides a structure with which any proposals for ADR must contend.
Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy
Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy
Law and Contemporary Problems
Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.
A South American Energy Treaty: How The Region Might Attract Foreign Investment In A Wake Of Resource Nationalism, Jason Pierce
A South American Energy Treaty: How The Region Might Attract Foreign Investment In A Wake Of Resource Nationalism, Jason Pierce
Cornell International Law Journal
No abstract provided.
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan
Law Student Publications
This Comment explores how the law should handle such privacy claims. In analyzing both the photographic privacy claims as well as the Wi-Fi data privacy claims, this paper argues that current tort law is inadequate for such technologically advanced legal issues. Section II explores the background of Google Maps Street View and current privacy law, while Section III looks at the holes in current privacy torts in the context of the images displayed on Street View. Section IV examines the privacy implications surrounding the Wi-Fi scandal, and finally, Section V reviews the solution and provides a conclusion.
The Relevance Of Foreign Examples To Legal Development, John Bell
The Relevance Of Foreign Examples To Legal Development, John Bell
Duke Journal of Comparative & International Law
No abstract provided.
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull
Duke Environmental Law & Policy Forum
No abstract provided.
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Law and Contemporary Problems
Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Duke Journal of Gender Law & Policy
No abstract provided.
The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens
The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens
Duke Law Journal
This Article frames the history of the Anglo-American bankruptcy tradition as a search for solutions to the basic problem that has from the first underlain the bankruptcy process: how to obtain the assistance of a debtor in his financial dismantling. The pivotal moment in this story came in the years 1705 and 1706, when the English Parliament drafted a bill making the bankrupt's refusal to cooperate with the commissioners running his bankruptcy a capital crime. Almost as an afterthought, they also introduced discharge of debt. Incentivizing cooperation with discharge would have a fruitful future. Coercing the debtor to be honest, …
Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner
Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner
Duke Law Journal
No abstract provided.
Realist Lawyers And Realistic Legalists: A Brief Rebuttal To Judge Posner, Michael A. Livermore
Realist Lawyers And Realistic Legalists: A Brief Rebuttal To Judge Posner, Michael A. Livermore
Duke Law Journal
No abstract provided.