Law Commons^™

Time's Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller

Villanova Law Review (1956 - )

No abstract provided.

Don't Let The Sun Go Down On Same-Sex Parental Rights: How Relying On Mutual Consent At The Time Of Artificial Insemination And Childbirth Can Uphold Legal Parentage Of Separated Same-Sex Couples, Danielle M. Digrazia

Villanova Law Review (1956 - )

No abstract provided.

What Does Professionalism Mean To You? Part I, Michael G. Maihofer Dds

The Journal of the Michigan Dental Association

This commentary explores generational perspectives on professionalism in dentistry, focusing on how younger dentists perceive this concept. It highlights the changing dynamics in dentistry and questions whether professionalism remains relevant in a world where various practice models exist. Insights from young dentists shed light on their commitment to professionalism and its evolving definition, emphasizing the importance of caring for patients and maintaining high-quality care.

Hipaa Update: Conducting A Security Risk Analysis, Jennifer Cosey

The Journal of the Michigan Dental Association

The Health Insurance Portability and Accountability Act (HIPAA) Security Rule mandates periodic security risk analyses (SRA) to assess compliance. This analysis evaluates threats and vulnerabilities to electronic protected health information (EPHI) and considers all devices connected to a network. While the Security Rule is flexible, small organizations must still adhere to its standards. IT vendors and staff play a crucial role in implementing HIPAA safeguards. Threats and vulnerabilities must be identified to select appropriate safeguards for EPHI. These safeguards include administrative, physical, and technical measures. Addressable specifications should be implemented if reasonable, and documentation of decisions is essential. A Technical …

Compassion: It’S Needed Now More Than Ever, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

This editorial emphasizes the pressing need for compassion in a world of conflict and division. It underscores the importance of compassion in global crises, politics, family dynamics, and the dental profession. MDA Editor Michelle C. Dziurgot encourages unity and understanding, advocating for compassion as a vital force in bridging divides.

Victims Of Coercive Plea Bargaining: Defendants Who Give False Testimony For False Pleas, Lucian E. Dervan

Law Faculty Scholarship

This Article synthesizes emerging empirical, doctrinal, and interdisciplinary research demonstrating how coercive plea bargaining practices produce false guilty pleas and false testimony, thereby generating a distinct and often overlooked class of victims within the criminal justice system. Drawing on exoneration data, laboratory-based plea decision studies, and case analyses—including documented wrongful convictions—the authors show that sentencing differentials, mandatory minimum statutes, pretrial detention, attorney advice, and systemic resource constraints can overbear the will of defendants, including the innocent. Contrary to longstanding judicial assumptions that guilty pleas are inherently reliable when entered with counsel, the Article demonstrates that structural incentives embedded in modern …

Table Of Contents - Cardozo Law Review, Volume 44, Issue 6

Cardozo Law Review

No abstract provided.

Growth Beyond Its Limits - How Much Growth Is Too Much For The Purpose Of The Local Government Antitrust Act Of 1984?, Katherine Stern

Cardozo Law Review

No abstract provided.

Jefferson's Ghost: The Local Action Rule In Federal Courts, Jeffrey L. Rensberger

Cardozo Law Review

The local action rule required that certain actions concerning real property be adjudicated in the federal court in the state (and perhaps the district) containing the property. This rule had been apart of the law of the United States since the early days of the nation. In 2011, Congress eliminated the local action rule as a matter of venue. But some courts have held that the local action rule pertains to subject matter jurisdiction, not merely venue, and that it survived Congress's elimination of the venue aspect of the rule. This is wrong as to cases in federal court involving …

Introduction To Transboundary Waters Special Issue, Hannah Mink, Jenna Vonhofe

Wyoming Law Review

No abstract provided.

The Lithium Industry And Its Human Rights Impacts: The Case Of The Lickanantay People In Chile, José Alywin, Marcel Didier, Oriana Mora

Wyoming Law Review

No abstract provided.

Asia’S Moment: Contextualizing The Rules Of The Corporate Governance Game, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Whether this century is Asia’s century is still open for debate. What is clear now, however, is that understanding corporate governance in Asia is a paramount issue of global importance. Asia is forecast to account for an astonishing 70% of global growth in 2023.

An Asian Solution For The World’S Environment? Corporate Governance In A Non-Anglo-American World, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Historically, when it comes to determining what counts as “good” corporate governance globally, the United Kingdom and United States have set the rules of the game. This has resulted in ill-fitting Anglo-American corporate governance solutions being transplanted to Asia with unforeseen consequences.[i] Will Asia repeat this history by adopting Anglo-American corporate governance solutions to solve its environmental problems?

Brief For Petitioner, Muldrow V. City Of St. Louis, Missouri, Madeline H. Meth, Brian Wolfman

Faculty Scholarship

Title VII prohibits an employer from discriminating against an employee because of her race, color, religion, sex, or national origin. Its core antidiscrimination provision, Section 703(a)(1), protects individuals not only from discriminatory hiring, firing, or compensation but also from discrimination with respect to their “terms, conditions, or privileges” of employment. 42 U.S.C. § 2000e2(a)(1). Petitioner Jatonya Clayborn Muldrow maintains that her employer, the City of St. Louis Police Department, discriminated against her in the terms, conditions, or privileges of her employment when, because of her sex, it transferred her out of the Department’s Intelligence Division to an entirely different job, …

Why The Court Should Reexamine Administrative Law's Chenery Ii Doctrine, Gary S. Lawson, Joseph Postell

Faculty Scholarship

Part I of this article begins by discussing some fundamental constitutional principles that were raised, sometimes implicitly and indirectly, in the Chenery cases. Those principles point to limits on administrative adjudication that go well beyond those recognized in current doctrine. We do not here seek to push those principles as far as they can go, though we offer no resistance to anyone who wants to trod that path. Instead, we identify and raise those principles to help understand the scope and limits of actual doctrine. Our modest claims here are that constitutional concerns about at least some classes of agency …

Lex Cryptographica Financiera, Rosa M. Lastra, J.G. Allen

Research Collection Yong Pung How School Of Law

The past year has witnessed significant growth in the size, and mainstream profile, of financial markets built on distributed ledger technology (“DLT”), in particular “blockchain”. In February 2021, the market capitalisation of the cryptoasset Bitcoin, which is built on the first operational blockchain, topped USD 1 trillion. So-called decentralised finance (“DeFi”), built mostly on the Ethereum blockchain, grew from less than USD 1 billion to over USD 80 billion in May 2021. Even if one adopts a sceptical posture towards these developments, “crypto” markets cannot be ignored by scholars or practitioners of financial and monetary law.

Developments In Contract Law: The 2021-2022 Term — The Enduring Allure Of Freedom Of Contract, Marcus Moore

All Faculty Publications

A review of recent developments in Contract Law reveals that Freedom of Contract continues to thrive in the jurisprudence a half-century after its supposed fall. As the analysis here shows, it is a theme which animates not only general thinking about contracts, but also court resolution of specific cases and issues. High-level considerations drive the reasoning, colouring the application of more detailed rules where these exist. And among these high-level considerations, Freedom of Contract enjoys privileged status as the default law, against which opposing considerations in practice must justify themselves as exceptions. Other considerations vary in their power to constrain …

“Engines Of The Ruling Party”: The Establishment Clause And The Power Politics Of “Managing Diversity”, Robert A. Destro

UC Law Journal

No abstract provided.

Religious Liberty As A Judicial Autoimmune Disorder: The Supreme Court Repudiates Its Own Authority In Kennedy V. Bremerton School District, Andrew Koppelman

UC Law Journal

No abstract provided.

The Remains Of The Establishment Clause, Ira C. Lupu, Robert W. Tuttle

UC Law Journal

The very first words of the Bill of Rights mark religion as constitutionally distinctive. Congress may not enact laws respecting an establishment of religion—in particular, acts of worship, religious instruction, or proselytizing. A pluralist, liberal democracy requires separation of civil government from these distinctively religious activities. From the middle of the twentieth century until Justice O’Connor’s retirement in 2005, the Supreme Court energetically animated that principle of distinctiveness. In a series of decisions in the last decade, however, the Court has upended its longstanding approach to what is distinctive about religion in constitutional law. Notably, this process of change has …

The Public Administration Of Justice, Nicholas R. Bednar

Cardozo Law Review

Adjudicatory agencies decide who receives social-welfare benefits, which inventions deserve patents, and which noncitizens get to remain in the United States. Scholars have argued that agency adjudication lacks sufficient structural and procedural protections to ensure unbiased decision-making. Yet these critiques miss a -key problem with agency adjudication: the lack of adjudicatory capacity. This Article argues that low-capacity agencies cannot satisfy the Due Process Clause's demand for accurate decision-making. To produce accurate decisions, adjudicatory agencies need sufficient levels of capacity: (1) material resources, (2) expert adjudicators, and (3) support staff When agencies lack these resources, their adjudicators rely on various coping …

Horizontal Price Exchanges, Joseph E. Harrington Jr., Christopher R. Leslie

Cardozo Law Review

The private exchange of prices by competitors has long been a source of anticompetitive concern. Based on claims of possible procompetitive effects, the Supreme Court decided that antitrust challenges to these exchanges should be evaluated under the rule of reason. In reviewing the jurisprudence applying the rule of reason approach to horizontal price exchanges, we find it suspect as it is long on claims of procompetitive benefits but short on economic theory and evidence substantiating those claims. To fill this gap, this Article injects economic reasoning into the judicial discussion. While our analysis identifies several reasons for these exchanges to …

To Protect Or Not To Protect?: Unveiling The Courts’ Failures To Hold Law Enforcement Accountable For Inadequate Responses To Mental Health Crises After Wilson V. Gregory, Carly Zdankowski

Cardozo Law Review

No abstract provided.

Compensation Thresholds For Collective Sales: Singapore & Australia Compared, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

Strata titles are a critically important Australian legal export. New South Wales’ (NSW) strata legislation has been particularly influential, having been adopted in numerous jurisdictions, including Singapore in 1967. As a statutory framework, strata law solves the problem of ‘floating freeholds’ by creating indefeasible ownership of individual units in a building, guides owners in managing the development, and sets out the dispute resolution process when disagreements occur. In an increasing number of jurisdictions (including Singapore and three states in Australia), strata legislation also enables the strata scheme to be terminated and sold for redevelopment where the requisite majority, as opposed …

Beyond The North–South Divide: Litigation's Role In Resolving Climate Change Loss And Damage Claims, Maria Antonia Tigre, Margaretha Wewerinke-Singh

Sabin Center for Climate Change Law

Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges. The ongoing debates under the United Nations Framework Convention on Climate Change are characterized by a pronounced North–South divide and have done little to provide tangible support to those most affected by L&D. This apparent neglect has prompted exploration of alternative avenues for climate harm redress. The burgeoning field of litigation for liability and compensation of climate harm holds potential significance …

Decommissioning Liability At The End Of Offshore Oil And Gas: A Review Of International Obligations, National Laws, And Contractual Approaches In Ten Jurisdictions, Martin Lockman, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres

Sabin Center for Climate Change Law

Offshore oil and gas infrastructure faces an existential threat: the increasingly pressing need to address the climate emergency. The Intergovernmental Panel on Climate Change projects that GHG emissions from existing and planned fossil fuel infrastructure will push global warming past the Paris Agreement’s 1.5°C threshold, and more detailed projections estimate that “nearly 60 per cent of oil and fossil methane gas ... must remain unextracted to keep within a 1.5 °C carbon budget.” The growing urgency of climate action, coupled with the increasing adoption of renewable energy systems and energy-efficient technologies, may strand thousands of offshore oil and gas installations …

Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller

Communication ETDs

Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …

Mechanisms To Reduce Cyber Threats And Risks, Saad Alsuwaileh

Journal of Police and Legal Sciences

Addressing the mechanisms of reducing cyber threats and risks Research Because cyberspace is an important arena for various international interactions, especially in recent times in light of the increase in cyber-attacks between some countries, which affects their national security. In this context, many countries are trying to make an effort to develop their capabilities to be used in any cyber-attack, or to take adequate preventive measures to protect them from any possible cyberattacks, especially in light of the impact of these attacks on vital places and institutions such as banks and ministries or on important facilities such as water and …

The Role Of Foresight Initiatives In Improving The Level Of The Security Performance, Muatasim Almidfa

Journal of Police and Legal Sciences

The study aimed to identify the role of foresight initiatives in improving the level of security performance and the significance of foresight and its modern tools, and to recognize the most important foresight initiatives that lead to excellence of the security work.

The study adopted the descriptive analytical approach that describes foresight, analyzes it, analyzes its tools and methodology, and then interprets the factors that lead to security excellence through proposing these initiatives.

The study concluded that there is an importance of foresight for the security work, as well as the potential of identifying some of the modern foresight tools …

Altering United States Drug Policy And Shifting The Focus Of Drug Use From Conviction Toward Drug Addiction Treatment, Natalie Marra

Honors Projects

While these substances were not always controlled by law, drug use has been as issue throughout time going back thousands of years and continues to be a concern in the twenty-first century. Possession, distribution, and manufacturing of controlled substances outside of what is considered legal can lead to fines and or jail time and can also increases the severity of other crimes committed either due to or under the influence of drugs. As of Saturday June 10th, 2023, 44.5% of Federal inmates are incarcerated for drug offenses, including possession, distribution, and manufacturing1. Drug offenses make up the largest percentage of …