Law Commons^™

Recalibrating Interbranch Bargaining, Emily Berman

William & Mary Law Review

To fulfill its constitutional functions, Congress must have access to information from within the executive branch. Whether it is assessing the need to amend the authorities of administrative agencies, determining whether to fund executive branch programs, or investigating allegations of waste, fraud, and abuse, Congress can act responsibly only if it is able to compile an accurate picture of executive branch activities. When executive branch officials resist these requests—for either legitimate or problematic reasons—the resulting conflict is traditionally resolved amicably through interbranch negotiations, not inter-branch litigation. Indeed, courts heard a total of four congressional-executive information disputes in the nation’s first …

With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.

Faculty Scholarship

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Saab Fortney

Faculty Scholarship

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are …

Bridging Gaps. The Role Of School Leaders In Implementing The Mckinney-Vento Act For Homeless Student Success, Brian Jones

Electronic Theses and Dissertations

This qualitative narrative inquiry explores the role of school leaders in implementing the McKinney-Vento Homeless Assistance Act (MKVA) within a public school district in West Texas. The study addresses the challenges school leaders face in supporting homeless students and the strategies they employ to ensure academic success and socio-emotional well-being. Drawing on Bronfenbrenner’s ecological systems theory and Bertalanffy’s general systems theory, the research examines how school leaders' personal understandings and professional experiences influence MKVA provisions' implementation. The study employs semistructured interviews and reflective journals to gather participant data, followed by a member-checking process to enhance the accuracy and credibility of …

Dentistry And The Law: Data Bank Reporting: A Consequence Of An Administrative Complaint, Daniel Schulte Jd

The Journal of the Michigan Dental Association

In this month's Dentistry and the Law column, MDA's Legal Counsel Dan Schulte explains that a Michigan dentist who settled a licensing complaint and agreed to probation, continuing education, and a fine, is surprised to learn the action was reported to the National Practitioner Data Bank (NPDB). The dentist assumed the settlement would be confidential. The column clarifies that the NPDB report is mandatory under federal law for formal proceedings, which includes compliance conferences, regardless of whether an administrative hearing occurs. The author advises that legal representation could have clarified this and outlines limited options to avoid NPDB reporting.

J Mich Dent Assoc November 2024

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Associationprovides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The November issue includes:

• Clinical Feature on discontinuation of lead apron use for dental radiology
• An introduction to the MDA Team and how they can be contacted to serve specific member needs
• A Back Page article on beginning practice and family
• Regular Departments: New Dentist Column, Updates on the MDA Foundation, MDA Services, Dentistry and the Law, Staff Matters

This month we welcome …

Mda Services: Now Is The Time To Assess Your Practice’S Risk Of Embezzlement, Reva Darling

The Journal of the Michigan Dental Association

In Healers Versus Stealers (2023), David Harris highlights that dentistry faces over $1 billion in embezzlement annually. Harris, CEO of Prosperident, offers strategies to prevent theft in dental practices. Embezzlement involves not only cash theft but also fraudulent use of payments, payroll manipulation, and misappropriation of supplies. Prosperident provides investigation and preventive services, such as Owner Proactive Strategies, to help dentists safeguard their finances. The MDA endorses Prosperident and offers members discounts and free risk assessments. Orthodontic practices are particularly vulnerable to embezzlement, making preventive measures essential for all dental professionals.

The Courts Strike Back, Lance Plunkett Jd, Llm

The New York State Dental Journal

Issues of water fluoridation and noncompete agreements continue to undergo legal scrutiny, with no clear-cut answers in the offing.

N Y State Dent J November 2024

The New York State Dental Journal

In the November 2024 issue, the reader will find the following feature articles:

• NYS Workers' Compensation & No-Fault Cases: The Good, the Bad, and the Ugly
• Social Media Use by Dental Students in Dental Education
• Guidelines for Interproximal Enamel Reduction (IPR)
• Exophytic and Focally Ulcerated Mass on the Mandibular Gingiva

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Access To Science And Scholarship: Building An Evidence Base To Support The Future Of Open Research Policy, Clarke & Esposito

Copyright, Fair Use, Scholarly Communication, etc.

Today, the MIT Press is releasing a comprehensive report that addresses how open access policies shape research and what is needed to maximize their positive impact on the research ecosystem.

The report, entitled “Access to Science & Scholarship 2024: Building an Evidence Base to Support the Future of Open Research Policy,” is the outcome of a National Science Foundation-funded workshop held at the D.C. headquarters of the American Association for the Advancement of Science on September 20, 2024.

While open access aims to democratize knowledge, its implementation has been a factor in the consolidation of the academic publishing industry, an …

Rights And Redress For Transgender Survivors Of Prison Rape: The Failures Of The Prison Rape Elimination Act, Natalie Hatton

William & Mary Law Review

This Note will argue that PREA [Prison Rape Elimination Act] provides meager protection and insufficient relief to transgender individuals who have been victims of sexual violence while incarcerated and that the existing mechanisms for relief are insufficient. Because PREA contains no private cause of action to allow survivors of rape to sue for violations of PREA, transgender rape survivors’ pain remains unredressed. To address this problem, this Note puts forth a combination of solutions to remove barriers to redress for transgender survivors of prison rape, including amending PREA to include a private cause of action and repealing provisions of the …

The New Professional: Starting A Practice Vs. Buying: What’S Right For You?, Amrita Patel Dds

The Journal of the Michigan Dental Association

This month's New Professional column explores the key decision of whether to start a new dental practice or purchase an existing one. Starting a practice offers flexibility in creating a brand and using the latest technology but requires building a patient base from scratch and managing upfront costs. Purchasing an existing practice provides immediate cash flow and an established patient base but requires more upfront investment and adapting to existing systems. Dentists should consider financial readiness, long-term goals, and work-life balance when making this decision.

Discontinuing The Use Of Lead Aprons And Thyroid Collars In Dental Imaging: Evidence-Based Guidance For Michigan Clinicians, Erika Benavides Dds, Phd, Fabiana Soki Dds, Mdsc, Phd, James R. Geist Dds, Ms, Dennis Palmieri Mph, Jd

The Journal of the Michigan Dental Association

Recent guidelines from the AAOMR and ADA recommend discontinuing the routine use of lead aprons and thyroid collars during dental imaging, citing negligible radiation exposure from modern technologies and the ineffectiveness of these shields against internal scatter radiation. Despite strong evidence, Michigan clinicians may face challenges in adopting this change due to patient concerns and outdated regulations.

This article offers practical guidance for transitioning to these updated standards, emphasizing the importance of patient communication and education while highlighting Michigan's current regulatory framework.

Women In Robes October 28, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Anti-Discrimination Clauses In Higher Education Collective Bargaining Agreements, William A. Herbert, Erin Ward, Karen Stubaus

Publications and Research

This report presents excerpts from 30 current or recent higher education collective bargaining agreements involving faculty, post-doctoral scholars, or graduate student employees along with hyperlinks to the full agreements. The excerpts are organized by institution and bargaining unit type: combined faculty collective bargaining units; non-tenure track faculty bargaining units; community college faculty bargaining units; post-doctoral scholar and academic researcher bargaining units; and graduate student employee bargaining units.

The Promise And Perils Of Debtor-In-Possession Financing: Lessons From The United States, Kenneth Ayotte, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

The ability of viable but financially distressed firms to obtain new financing to keep operating and pursuing value-creating projects is one of the most critical aspects for a successful reorganisation. Unfortunately, when a company becomes insolvent, lenders are rationally skeptical to extend credit. To address this problem, the United States Bankruptcy Code adopted a system, known as debtor-in-possession (‘DIP’) financing, that seeks to encourage lenders to extend credit to financially distressed firms.[1] This is done by providing DIP lenders with different forms of priority that may include a new lien, a junior lien, a senior lien, an administrative expense priority, …

الحمایة المدنیة للعلامات التجاریة في الإعلان المقارن عبر الانترنت, أماني سعید الظاھري

Theses

Civil Protection of Trademarks in Comparative Advertising via The Internet

This study aims to explore the civil protection of trademarks in the context of comparative online advertising by third parties. It employs an analytical approach to examine the current legal frameworks and their impact on trademarks in the digital environment.
One of the key findings of the study is that the legal provisions regarding advertising in Cabinet Decision No. (66) of 2023, concerning the executive regulations of Federal Law No. (15) of 2020 on Consumer Protection, implicitly recognize the need for transparency and objectivity. They prohibit the dissemination of false …

جريمة هتك العرض في القانون الإماراتي, سالم علي الكعبي

Theses

The Crime of Indecent Assault in UAE Law

The crime of indecent assault is considered one of the serious offenses condemned by UAE law due to its violation of human dignity and ethical and social values. This research focuses on the evolution of legal texts related to this crime, particularly the changes introduced in Federal Decree-Law No. 31 of 2021 concerning crimes and punishments, compared to the UAE Penal Code of 1987. The research also addresses the amendments made to the rules governing this crime, such as raising the age of the victim from 14 to 18 years and abolishing …

الحماية الجنائية للمستهلك من الغش التجاري والاعلانات المضللة في ضوء التشريع الاماراتي, مريم سليم الجنيبي

Theses

Criminal Protection for The Consumer from Commercial Fraud and Misleading Advertisements in Light of UAE Legislation

In this study, we addressed the topic of criminal protection of the consumer from commercial fraud and misleading advertisements in light of the UAE legislation. We concluded that criminal protection of the consumer from commercial fraud and misleading advertisements is considered one of the important matters that aim to protect the rights of consumers and ensure their safety and security while dealing with various products and services. Criminal protection is one of the basics of consumer protection, as it aims to provide legal penalties …

الرقابة القضائية على قرار إنهاء خدمة الموظف العام على ضوء القضاء الإماراتي, طارق محمد راشد

Theses

Judicial Oversight of the Decision to Terminate A Public Employee's Service Based on the UAE Judiciary

The examination dealt with judicial oversight of administrative decisions issued to terminate the staff member's service as a safeguard established by the staff member against the abuse of his or her right. The supervision examined the legality of the administrative decision issued to terminate the staff member's service formally and objectively, and the penalty for violation of the principle of lawfulness, namely, invalidity and judicial annulment. The research also dealt with the jurisprudence and the judiciary's views on the limits of the judge and …

دور الاجتهاد القضائي في تطوير القانون الإداري في دولة الإمارات العربية المتحد ة, Amal Saeed Al Nakhebi

Theses

Administrative judicial diligence, administrative law, administrative judge, legal principles, development of administrative law, administrative disputes

The general rule is that the judge is obligated to adjudicate any dispute brought before him, so he must search for a solution within the folds of legislative texts, and then other sources of the legal rule, and the texts may not help the judge while looking at the cases before him, but he cannot refrain from ruling on the pretext of the absence of a text that can be applied to the case brought before him, so it was necessary for the judge to …

An Examination Of Ghana’S Implementation Of Maritime Single Window(Msw) : Prospects And Challenges, Pamela Maaleka Puowele Karbo

World Maritime University Dissertations

No abstract provided.

The Impact Of Marine Protected Areas In Coastal Communities In Liberia : A Case Study On The Lake Piso Multiple Sustainable Use Reserve, Doris Wrehyonoh Yahn

World Maritime University Dissertations

No abstract provided.

Balancing Freedom Of Expression And Equality On College Campuses In The Wake Of Intensified Antisemitism, Andrea Martin

Faculty Scholarship

The long-standing debate about free speech on college campuses was reignited by the latest attack on Israel by Hamas on October 7, 2023. Since then, anti-Israel advocacy at universities has drastically escalated. During demonstrations, protests, and rallies, students shout vile antisemitic slogans, call for the death of Jews and the destruction of Israel, promote violence against Jews, and harass and threaten fellow students because they are Jewish. Some university administrators have been publicly accused of floundering in their responses to intensifying antisemitic campus environments and failing to protect Jewish students from harassment. In defense of their inaction, a frequent retort …

Democracy On The Brink, Down But Not Defeated, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

This essay assesses the current state of governance and is premised on the notion that distrust, anger, and discontent in our legal system represent a threat to the whole of the regulatory state and voting, the preeminent engines of democracy. The decline in trust in government is attributable in meaningful part to the prevalence of lies and false narratives that, if believed, will undermine government at every level. While various recent actions of Congress and certain Supreme Court cases have the potential to further dilute confidence in governance, they are not the focal point of this essay. It is disinformation …

The Transformation Of European Climate Litigation, Maxim Bönnemann, Maria Antonia Tigre

Sabin Center for Climate Change Law

In Spring 2024, the European Court of Human Rights ruled for the first time that inadequate climate mitigation violates human rights. The Court’s landmark rulings have significant implications, ranging from the design of domestic climate laws and questions of standing to international trade issues and the European Union’s climate governance.

Building on a symposium by Verfassungsblog and the Climate Law Blog, this book offers the first comprehensive assessment of the rulings in KlimaSeniorinnen, Duarte Agostinho, and Carême. It explores key innovations, missed opportunities, and the untaken paths in European climate litigation.

The Common Law’S Resistance To Gender Violence, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

Over twenty years ago, Congress developed a “mountain of evidence” that state criminal and civil remedies against sexual assault and battering were inadequate. The Supreme Court rejected that evidence in United States v. Morrison, striking down a federal civil rights remedy for sexual assault and battering. Since then, there have been many civil cases of sexual assault and battering against high-profile individuals, including the recent E. Jean Carroll lawsuit against a former President. This five-year study, surveying fifty states’ civil law, asks the question prompted by Morrison: Does the civil law today provide adequate remedies to survivors of sexual assault …

Establishing A Perinatal Medical-Legal Partnership To Address The Health-Harming Legal Needs Of Pregnant And Postpartum Birthing People, Loral Patchen, Roxana Richardson, Lisa Kessler, Deborah Perry, Kimberly Martinez, Vicki W. Girard

Georgetown Law Faculty Publications and Other Works

This Report from the Field chronicles the establishment of Georgetown University’s Perinatal Legal Assistance and Wellbeing Project, a medical-legal partnership in Washington, D.C. It describes foundational steps, implementation strategies, and lessons learned, and reflects on impacts of addressing the unmet legal needs of birthing individuals.

China In The Unclos And Bbnj Negotiations, Yesterday Once More?, Nengye Liu, Shirley V. Scott

Research Collection Yong Pung How School Of Law

This paper compares China’s stance during the UNCLOS negotiations – the starting point of contemporary law of the sea, with its engagement in the latest development of BBNJ negotiations. It answers the question, how does China participate in these two important rules-making processes of the international law of the sea? By identifying salient positions China took in each set of lengthy negotiations and explaining the reasons behind, the paper also aims to reflect what a rising China may bring to the international legal maritime order in the foreseeable future. The first part of this paper, on the nature of China’s …

Table Of Contents

Touro Law Review

No abstract provided.