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Articles 4591 - 4620 of 560603
Full-Text Articles in Law
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan
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 …
Inclusiveness: Advancing Environmental Justice In A Diverse Democracy, Irma S. Russell, Alexandra D. Dunn
Inclusiveness: Advancing Environmental Justice In A Diverse Democracy, Irma S. Russell, Alexandra D. Dunn
Faculty Works
Today, environmental justice (EJ) is more than a significant and meaningful social movement. EJ has now emerged—after at least five decades—as a major initiative for the federal government and for many state governments. Since the beginnings of the EJ movement, its proponents have sought redress for the disproportionate and negative impacts of generations of environmental policy and siting decisions that resulted in adverse effects on the health, environment, economics, and climate of disadvantaged communities. Scientific research and “big data” programs now provide evidence supporting community EJ claims, and laws such as the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction …
Innocent Until Proven Mentally Incompetent., Jade Smith
Innocent Until Proven Mentally Incompetent., Jade Smith
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
“Better Luck Next Election”: Late-Jailed Voters’ Constitutional Right To Vote After Mays V. Larose., Grace Thomas
“Better Luck Next Election”: Late-Jailed Voters’ Constitutional Right To Vote After Mays V. Larose., Grace Thomas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Dei Newsletter 2023 Issue 1, University Of Maine School Of Law
Dei Newsletter 2023 Issue 1, University Of Maine School Of Law
DEI Newsletter
In this Issue:
- In the Spotlight, Maine Law’s new first year course entitled Introduction to Race, Racism, & US Law and the Refugee & Human Rights Clinic’s asylum workshops.
- Learn about Maine Law affinity groups and what’s going on around town, and read about recent programming at this year’s new student orientation.
Racial Time, Yuvraj Joshi
Racial Time, Yuvraj Joshi
University of Chicago Law Review
Racial time describes how inequality shapes people’s experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon, too fast and too long-lasting, Black activists remind us that justice measures are never “well timed” within hegemonic understandings of time. This Article ultimately argues that U.S. law embodies dominant interests in time. By inscribing dominant experiences and expectations of time into law, the Supreme Court enforces unrealistic timelines …
Politics By Other Means: The Jurisprudence Of “Common Good Constitutionalism”, Brian Leiter
Politics By Other Means: The Jurisprudence Of “Common Good Constitutionalism”, Brian Leiter
University of Chicago Law Review
Professor Adrian Vermeule proposes an alternative to what he sees as the two dominant schools of constitutional interpretation in the United States: originalism and what he usually calls “progressivism”1 (by which he means what others call “living constitutionalism”2 ). Against these approaches, he advocates for what Freudians might call a “return of the repressed”3: a recognition of the extent to which the “classical” natural law tradition’s concern with the “common good” has continued to animate our public law—explicitly for much of our history, he says, and implicitly more recently.
On Vermeule’s proposed alternative, courts (and other …
Vagueness And Federal-State Relations, Joel S. Johnson
Vagueness And Federal-State Relations, Joel S. Johnson
University of Chicago Law Review
This Article aims to clarify the content of the void-for-vagueness doctrine and defend its historical pedigree by drawing attention to a fundamental aspect of the Supreme Court’s vagueness decisions—that vagueness analysis significantly depends on whether the law at issue is a federal or state law. That simple distinction has considerable explanatory power. It reveals that the doctrine emerged in the late nineteenth century in response to two simultaneous changes in the legal landscape— first, the availability of Supreme Court due process review of state penal statutes under the Fourteenth Amendment, and second, a significant shift in how state courts construed …
Droughts Of Compassion: The Enduring Problem With Compassionate Release And How The Sentencing Commission Can Address It, Nathaniel Berry
Droughts Of Compassion: The Enduring Problem With Compassionate Release And How The Sentencing Commission Can Address It, Nathaniel Berry
University of Chicago Law Review
Compassionate release, guided by 18 U.S.C. § 3582(c)(1)(A), allows a district court to reduce a previously imposed criminal sentence if “extraordinary and compelling reasons” warrant a reduction. Congress delegated the task of describing what constitutes an extraordinary and compelling reason to the U.S. Sentencing Commission. Following the passage of the First Step Act of 2018, most circuit courts held the Commission’s policy statement describing extraordinary and compelling reasons inapplicable, and that until the Commission updated its policy statement, courts enjoyed the discretion to determine what circumstances justify compassionate release.
e. Many have celebrated this newfound discretion and its potential to …
La Curp No Sirve Para Nada: How The Curp And Other Temporary Documentation Fail To Protect The Human Rights Of Migrants In Transit Through Mexico, Harper Hoover
Independent Study Project (ISP) Collection
This work concerns the use of temporary documentation by migrants in transit through Mexico, specifically an identification known as the Clave Única de Registro de Población (CURP.) In recent years, migrants have employed a strategy entailing applying for asylum in Mexico solely to obtain a temporary CURP, falsely believed to provide safe transit through Mexico. Past research on similar temporary documentation concludes that issuing permission to travel through the country is typically ineffective at providing safety from corruption and crime. Documentation also fails at providing reliable access to human rights guaranteed to all by the Mexican Constitution and Immigration Law …
Mda Advocacy Report: 2023 To Date, And What’S Next, Jason Mashni Dds
Mda Advocacy Report: 2023 To Date, And What’S Next, Jason Mashni Dds
The Journal of the Michigan Dental Association
This article is a recap of MDA legislative advocacy accomplishments and what is on the horizon for the remainder of 2023, written by the chair of the MDA Committee on Governmental and Insurance Affairs.
J Mich Dent Assoc October 2023
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. …
George A. Leet Business Law Symposium: Corporate Law And Private Ordering - Introduction, Eric C. Chaffee
George A. Leet Business Law Symposium: Corporate Law And Private Ordering - Introduction, Eric C. Chaffee
Case Western Reserve Law Review
No abstract provided.
Masthead, Volume 74 Issue 1 (2023)
Masthead, Volume 74 Issue 1 (2023)
Case Western Reserve Law Review
No abstract provided.
Private Ordering And Contracting Out In Twenty-First-Century Corporate Law, Robert B. Thompson
Private Ordering And Contracting Out In Twenty-First-Century Corporate Law, Robert B. Thompson
Case Western Reserve Law Review
No abstract provided.
Keeping Faithful To The Facts, Antonia Mysyk
Keeping Faithful To The Facts, Antonia Mysyk
Case Western Reserve Law Review
No abstract provided.
2023 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
2023 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Top News & Events, page 3
Gloria Steinem Accepts Cardozo's International Advocate for Peace Award, page 3
Ukrainian Professor Dmytro Vovk Finds a Safe Haven at Cardozo, page 14
Nargis Baran Escapes Afghanistan with Help from Three New York City Law Schools, page 16
Faculty in the Media, page 18
Faculty Scholarship, page 22
Speaking of Law, page 29
A Career of Spirit, page 30
Reframing Crime and Punishment, page 34
Protecting Human Rights Around the World, page 44
Defending LGBTQ+ Civil Rights, page 49
Commencement '23, page 52
Student Briefs, page 54
Alumni events, in Paris, …
The Right To Access Information On Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City Of Can Tho, Vietnam, Hien Trung Phan, Hugh D. Spitzer
The Right To Access Information On Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City Of Can Tho, Vietnam, Hien Trung Phan, Hugh D. Spitzer
Articles
Land recovery in Vietnam is the process of compulsory transfer of land use rights from the hands of land users to the hands of the State by way of local government agencies. Land recovery frequently raises issues of compensation, assistance, and resettlement. It is vital for affected land users and the general public to have access to reports on land recovery, compensation, and resettlement. The article describes a limited survey of Vietnamese people whose land was subject to government recovery and evaluates their access to and understanding of information at each stage of the land recovery process. The study revealed …
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Washington Law Review
Over the last decade, Washington State has seen a substantial increase in its unhoused population and an increase in laws that harm this group. Many of these laws subject unhoused and unsheltered people to fines, fees, and forfeitures that are exceedingly difficult for them to afford. The ExcessiveFinesClauses in the United States and Washington Constitutions protect citizens from fines deemed constitutionally excessive and could be used to shield unsheltered people from the burden of paying unjust fines they cannot afford. In City of Seattle v. Long, the Washington State Supreme Court analyzed the ability to pay of a person who …
Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis
Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis
Law & Economics Working Papers
Post-COVID, New York City faces reduced demand for commercial space in its central business districts, even as residential demand is resurgent. Just as in past eras of New York’s history, conversion of commercial spaces into housing may help the city adapt to these new market conditions and provide an additional pathway for producing badly needed housing. If 10 percent of office and hotel spaces were converted to residential use, around 75,000 homes would be created, concentrated in Midtown Manhattan. However, there are considerable obstacles to such conversions, including a slew of regulatory barriers. Allowing greater flexibility in building uses—including by …
Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske
Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske
International Journal of Nuclear Security
The international community is slowly beginning to recognize the intersections between law and policy as it relates to international security—particularly arms control, nonproliferation, and disarmament—and the body of human rights law that addresses gender equality. Notably absent from this discussion is the field of nuclear security. Despite its historical underpinnings as an inherently domestic activity, nuclear security is thoroughly grounded in international treaty law. However, nuclear security is often overlooked in the international security context and has not been well-situated in international instruments that address gender equality. We argue that gender equality in nuclear security should be understood as an …
Women In Nuclear Power Programs: Case Studies From Africa, Jessica S. Burniske, Chanel Chauvet-Maldonado, Beth Kaboro, Madalina Man, Susan Nalumansi
Women In Nuclear Power Programs: Case Studies From Africa, Jessica S. Burniske, Chanel Chauvet-Maldonado, Beth Kaboro, Madalina Man, Susan Nalumansi
International Journal of Nuclear Security
Approximately 30 countries are considering, planning, or starting nuclear power programs, and nearly 20 more countries have expressed interest in nuclear power. Most of these countries are nuclear newcomers. According to the International Atomic Energy Agency (IAEA), a nuclear power program is a major undertaking requiring careful planning, preparation, and investments in institutions and human resources because of the safety, security, and safeguards requirements associated with the use of nuclear energy. The IAEA Milestones Approach states that states should follow three phases of development to establish the necessary infrastructure for a nuclear power program. Nuclear security is one of the …
Clean Up Your Act: The U.S. Government’S Cercla Liability For Uranium Mines On The Navajo Nation, Michelle David
Clean Up Your Act: The U.S. Government’S Cercla Liability For Uranium Mines On The Navajo Nation, Michelle David
University of Chicago Law Review
This Comment delves into the Cold War legacy of uranium mining on the Navajo Nation. Today, unremediated hazardous waste from more than five hundred deserted mines has continued to poison the health and lands of the Navajo. This Comment argues that the federal government is ultimately liable for the remediation of these mines under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Specifically, because the federal government held legal title to the mining lands and tightly managed the mining operations, the federal government satisfies CERCLA’s liability regime for “owners” and “operators.” The U.S. government’s liability under CERCLA warrants fuller …
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Articles
This Note will advocate for the view that when presented with the issue, state and federal courts should establish that keyword search warrants are unconstitutional because they violate the Fourth Amendment. Keyword search warrants cannot meet the Fourth Amendment’s requirements of probable cause and particularity because the subjects of the search cannot be identified until after the search is completed. These warrants are unnecessary and have the potential of implicating millions of internet users who have no connection to a crime. This Note will contend that individuals have a reasonable expectation of privacy in their search history data, and that …
Staff Matters: How Does Michigan’S New Crown Act Impact Dental Practices?, Jodi Schafer Sphr, Shrm-Scp
Staff Matters: How Does Michigan’S New Crown Act Impact Dental Practices?, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
This article discusses Michigan’s new CROWN Act prohibiting hair-based discrimination and its impact on dental offices. This article is an installment of the MDA Journal’s monthly Staff Matters® department.
Autocratic Vs. Democratic Leadership Styles, Michelle Dziurgot Dds
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.
The National Security Consequences Of The Major Questions Doctrine, Ganesh Sitaraman, Timothy Meyer
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 Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
William & Mary Bill of Rights Journal
In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …
A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis
A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis
IP Theory
The Supreme Court has asserted that “[t]he Patent Clause in our Constitution ‘was written against the backdrop’ of the English system.” That notion has a long lineage. In 1818, the author of an anonymous “Note on the Patent Laws,” widely assumed to be Justice Story, claimed that “[t]he patent acts of the United States are, in a great degree, founded on the principles and usages which have grown out of the English statute on the same subject.”
But these generalizations significantly overstate—and oversimplify—the influence of British law on the nascent American jurisprudence of patents. Early American jurists felt no reluctance …