Law Commons^™

Murder On The Hearsay Trail, Jeffrey Bellin

Faculty Publications

Judges, lawyers, and law students struggle to apply American evidence law’s most distinctive feature—the hearsay prohibition. The problem is that hearsay is difficult to master and somewhat dull. At the same time, hearsay evidence is ubiquitous and important. Every litigator has a story about a judge’s eccentric hearsay rulings; mine is the trial judge who waved his hand dismissively at hearsay objections, letting witnesses answer on the grounds that “I want to hear it.” And the case law is littered with appellate opinions scolding trial judges for erroneous hearsay rulings while introducing errors of their own.

That is just the …

Legal Support For Local Election Officials, Rebecca Green

Faculty Publications

Local election officials (“LEOs”) face enormous pressure. They must administer elections when a wide swath of the American public has grown mistrustful of their work; they increasingly face ominous personal attacks and threats; they cope with chronic underfunding of elections; and they must navigate frequent changes in the law governing elections. Lawyers provide a critical avenue of support for local election officials. They provide guidance on how to implement legislative mandates and judicial orders; they anticipate and prevent disputes from arising; and they represent election officials when they or their offices are sued—a more common occurrence today than ever. Although …

"The Law Doesn't Work Like A Computer": Exploring Software Licensing Issues Faced By Legal Practitioners, Nathan Wintersgill, Trevor Stalnaker, Laura A. Heymann, Oscar Chaparro, Denys Poshyvanyk

Faculty Publications

Most modern software products incorporate open source components, which requires compliance with each component’s licenses. As noncompliance can lead to significant repercussions, organizations often seek advice from legal practitioners to maintain license compliance, address licensing issues, and manage the risks of noncompliance. While legal practitioners play a critical role in the process, little is known in the software engineering community about their experiences within the open source license compliance ecosystem. To fill this knowledge gap, a joint team of software engineering and legal researchers designed and conducted a survey with 30 legal practitioners and related occupations and then held 16 …

Smile Brighter, Michigan: Inside The Mda Public Education Campaign, Rich Evans

The Journal of the Michigan Dental Association

The Michigan Dental Association's (MDA) Public Education Campaign, active for over three decades, aims to improve oral health and encourage visits to MDA-member dentists across Michigan. Funded by member dues, the campaign uses digital advertising and the smilemichigan.com website to educate the public. Key initiatives include the Find-A-Dentist tool, the "Healthy Mouth, Healthy Body" program, and various community outreach efforts. Upcoming features include the "Story Behind Every Smile" campaign, highlighting personal stories about the impact of dental health. By promoting proactive oral care, the MDA supports better overall health for Michigan residents.

Look To Your Ada, Mda For Health, And Wellness Help, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

This month, MDA Journal Editor Michelle C. Dziurgot, DDS, highlights dentists' mental health challenges, emphasizing the support available through the ADA and MDA. She references a 2021 survey showing high depression rates among dentists and lists depression symptoms. The ADA provides resources and a confidential health and wellness program. Similarly, the MDA offers the Member Assistance Program with counseling services for dentists and their families. Dziurgot urges dentists to seek help and not ignore their feelings, noting the persistent stress from the pandemic and the importance of utilizing available support.

Dentistry And The Law: Unpaid Internships In Your Office: What You Should Know, Daniel Schulte Jd

The Journal of the Michigan Dental Association

A reprint of a previous Journal column, Mr. Schulte discusses how unpaid internships require careful legal consideration. Interns must primarily benefit educationally from their tasks to avoid being classified as employees, necessitating compensation. Office work typically performed by employees must not be assigned to interns. Patient consent is required to observe dental procedures, and interns must receive HIPAA training. Exposure to hazardous materials should be avoided, adhering to laws like Michigan’s Occupational Safety and Health Act. Proper training and task limitations ensure compliance and a beneficial internship experience.

J Mich Dent Assoc July 2024

The Journal of the Michigan Dental Association

Every month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists.

The July issue of the Michigan Dental Association (MDA) journal focuses on the member and public value of the association's Public Education Campaign through a cover story "Smile Brighter Michigan!". It also features articles on:

• How to get value from your MDA membership

• Joining the MDA Forensic Dental Team

• A new professional column, News you need, an editorial and regular department articles covering MDA …

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  Go to article

Staff Matters: Supporting Working Parents As A Recruitment And Retention Strategy, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Supporting employees who are parents is essential. Harvard data shows 73% of employees have caregiving responsibilities, highlighting the need for proactive strategies. First, communicate with employees to understand their needs for flexibility. Consider offering flexible schedules, part-time roles, and on-call staff to manage absences. Partnering with local childcare providers for sick coverage and allowing children at work occasionally can also help. Clear communication and defined parameters for flexibility are crucial. Implementing these strategies can build a supportive culture, enhancing employee retention and commitment.

Mda Services: Five Tips To Recruit, Retain Good Employees, Reva Darling

The Journal of the Michigan Dental Association

In a competitive labor market, retaining and recruiting dental staff is challenging. Key strategies include offering health insurance, pre-tax benefit options, and retirement plans, which attract long-term employees. Providing vision insurance and discounts on auto and home insurance can further enhance employee satisfaction. Updating pay scales and utilizing temporary services like Stynt can also aid in filling staff positions.

The Unraveling Of The Federal Home Loan Banks, Kathryn Judge

Faculty Scholarship

The Federal Home Loan Bank system is a $1.3 trillion government-sponsored enterprise that operates primarily for the benefit of member financial institutions. Federal Home Loan Bank members enjoy generous dividends and ready access to fresh liquidity. The biggest beneficiaries are the biggest users of the system, including the largest banks and insurance companies in the country and banks facing financial distress. This essay explains the original aims of the Federal Home Loan Bank system, how the system fulfilled those aims quite successfully for decades following its creation in 1932 and how the system evolved to serve primarily private aims. By …

Summer 2024: Breaking Ground

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Faith Thomson, Kimberly Gilson

The New Professional: The Important Role Of Organized Dentistry In Early Career Success, Amrita Patel Dds

The Journal of the Michigan Dental Association

As a new dentist, navigating the professional world requires more than clinical skills; involvement in organized dentistry is crucial. It fosters personal and professional growth, provides continuous learning through seminars and workshops, and offers networking and mentorship opportunities. Additionally, it serves as a collective voice advocating for the profession’s interests, influencing policies, and fostering leadership development. Membership grants access to practice resources and support services, helping new dentists navigate challenges and build successful careers. Ultimately, organized dentistry creates a supportive community, essential for early career success.

Why Montana Should Amend Its Uniform Commercial Code, Jonathon S. Byington

Faculty Law Review Articles

This Article is about needed updates to Montana’s Uniform Commercial Code. The Uniform Commercial Code provides a structure of rules to facilitate commerce. This Article begins by explaining where the Uniform Commercial Code came from and when Montana enacted it. It then summarizes Montana’s historical amendments to its Uniform Commercial Code and points out a pattern of amendments following new industries or significant changes to existing industries. It highlights the development and expansion of multiple new industries related to e-commerce and cryptocurrency. It then walks through insufficient or outdated aspects of Montana’s Uniform Commercial Code and explains how the Uniform …

Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …

Law In A Hyperconnected World: Joining The Dots For Sustainable Futures, Michelle Lim, Nengye Liu, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

We live in a hyperconnected world. Ecosystems and societies are linked across vast distances like never before. The unprecedented movement of people, goods and products and the transfer of capital and information characterise not only the present but also the conceivable future. Use of the term ‘hyperconnected world’ started to gain traction in the literature towards the turn of this millennium. Mainstreaming of the internet across societies led to the exploration of global hyperconnectivity across a range of spheres including business, investment and computing. The term gained further prominence with its use by the World Economic Forum in the early …

Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

There has been a proliferation of common intention constructive trust claims in Singapore. The main reason is that families have acquired real estate using their collective earning power without explicitly considering the individual entitlement of each family member. When a dispute arises, the claim is often pleaded as a common intention constructive trust. The complication with applying the law on the common intention constructive trust is that this is an English doctrine developed to deal with a different social context i.e. the breakdown of the relationship between cohabiting couples. In Singapore, the common intention constructive trust applies primarily in a …

Unprincipled All The Way Down, Wilfred U. Codrington Iii

Articles

In 2006, the Supreme Court issued an emergency stay order in Purcell v. Gonzalez. Sparing in words and inattentive to the realities on the ground, the opinion nevertheless made a reasonable and understandable assertion: prior to issuing relief, courts presiding over elections should take into account any harms that judicial orders might cause, particularly in the lead-up to voting, alongside other considerations unique to elections. The statement was general enough to mollify the masses in the short-term. But over the long haul, it has proven to be a vehicle through which important election decisions might be made in less than …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain

Faculty Scholarship

This article addresses the U.S. Supreme Court's embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette 's celebrated language: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith …

The States' Hodgepodge Of Physician Licensure Regulations, Tara Sklar, Christopher Robertson

Faculty Scholarship

The end of the federal COVID-19 public health emergency (PHE) on May 11, 2023, marked a pivotal shift in the landscape of telehealth regulation in the US. Kwan, Jolin, and Shachar analyze the implications of this transition by exposing inconsistencies in access to care. We agree that we now face a “convoluted patchwork of permanent and temporary changes to telehealth law and policy.”

Building Responsible And Sustainable Supply Chain Frameworks: Limits Of International Investment Law And The Csr Initiatives Taken By The Eu And China, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

Supply chains play a pivotal role in global economic relations, fostering growth, employment, and poverty alleviation. Multinational enterprises (MNEs) are central actors in these chains, bearing responsibilities towards workers and the environment. Corporate Social Responsibility (CSR) standards guide MNEs in assessing the societal and environmental impacts of their activities, though these standards remain largely voluntary. Recent investment treaty practice shows a trend to incorporate CSR provisions in international investment agreements (IIAs), but such clauses fail to impose direct human rights, labour and environmental obligations on investors. Amidst this landscape, the EU and China, major players in global trade and investment, …

Recovering Cost Of Cure Damages: The Necessity Of Showing An Intention To Cure, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

This case note discusses the relevance of a claimant's intention to effect the remediation when making a claim for cost of cure damages, with a focus on the decisions in St James’s Oncology SPC Ltd v Lendlease Construction (Europe) Ltd [2022] EWHC 2504 (TCC) and JSD Corp Pte Ltd v Tri-Line Express Pte Ltd [2022] SGHC 227; [2023] 3 SLR 1445.

Legal Governance Of Artificial Intelligence In Healthcare Devices And Services In Singapore, Warren B. Chik, Haran Sugumaran

Research Collection Yong Pung How School Of Law

The use of artificial intelligence (AI) in healthcare applies across a spectrum of goods and services that support the industry. The main benefits of developing and applying AI to healthcare are: (a) the potential for it to perform functions beyond what can be done manually by the natural person; (b) the greater efficiency and accuracy that it can give to detection, diagnosis and medication/recovery; (c) the minimisation of risk and the possible lowering of cost (in the long term); and (d) in appropriate cases, minimal human intervention or involvement, especially in situations or conditions that may present a risk of …

Australia’S Definition Of Royalties: Overreach Or Evolution, Vincent Ooi, Kerrie Sadiq

Research Collection Yong Pung How School Of Law

In this article, Ooi and Sadiq examine the Australian Taxation Office’s reasoning for adopting a broad interpretation of royalties amidst various criticisms suggesting it has gone too far and is out of step with internationally accepted principles.

What's Success? And What Is It That Gives Meaning To Our Lives?, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This op-ed examines how the narrow mindset of success can hinder one from flourishing and leading an examined life. It looks at Prime Minister Lawrence Wong's call for Singaporeans to change their mindset of success, and calls for a national reset.

Offsetting, Paul Govind, Donna Houston, Michelle Mei Ling Lim, Andrew Mcgregor, Emily O'Gormon, Sandie Suchet-Pearson, Jonathan Symons

Research Collection Yong Pung How School Of Law

In Australia, the State of the Environment 2021 report (hereafter, SOE) revealed an unprecedented rate of biodiversity loss. 1 Yet development projects that will reduce biodiversity further continue to receive legal approval. Indeed, shortly after the release of the report, a new outer ring road was approved for construction in the state of Western Australia. 2 Land clearing undertaken as part of the project will result in significant loss of existing habitat for critically endangered western ringtail possums and endangered black cockatoos. This destruction was legitimized through the state government’s commitment to undertake “biodiversity offsetting,” whereby the loss of possum …

Sandbagging In Canadian Law And Practice, Camden Hutchison

All Faculty Publications

In the language of mergers and acquisitions, “sandbagging” refers to situations in which a buyer brings an indemnification claim for a breach of the seller’s representations and warranties that the buyer was aware of prior to closing. In contractual negotiations, sellers often argue that sandbagging allows unscrupulous buyers to reduce the agreed-upon purchase price by abusing the indemnification mechanism. For their part, buyers argue that sandbagging can protect their legitimate contractual interests, particularly in cases where a seller seeks to dispute a valid indemnification claim. This tension between buyers and sellers is heightened by the fact that the legal status …

Civic Education And Democracy's Flaws, Robert L. Tsai

Faculty Scholarship

Today, liberalism and democracy are beset by competitors that seek to return power to religious traditionalists or partisans masquerading as civic republicans. In such an environment, can civic education do some good, and even help bridge our society’s deepening divides?

Seana Shiffrin has characteristically brought deep learning and penetrating insight to the project of civic education in a modern democracy. Against a “dominant” model of citizenship in which “citizens vote and hand off power to their representatives”— which she believes encourages the people to maintain an unhealthy distance from government— she proposes a richer account of political community in which …

Faculty List

Journal of Dispute Resolution

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.