Delayed Emergency Care: How Professional Liability Insurance Affects Doctors’ Decisions After Dobbs And What Needs To Change,
2024
Marquette University Law School
Delayed Emergency Care: How Professional Liability Insurance Affects Doctors’ Decisions After Dobbs And What Needs To Change, Erin Stuart
Marquette Law Review
In 2022, the U.S. Supreme Court overruled Roe v. Wade, ushering in a new era for abortion regulation. In some states, like Wisconsin, abortion was instantly re-criminalized. In rare but serious instances, health care providers faced the dilemma of deciding whether to delay care for emergency abortion services to save the life of a mother, for fear of criminal prosecution. As a result, some providers wondered if their professional liability insurance plan would provide a legal defense in the event of a criminal charge of illegally performing an abortion, though the facts may show it was to save the life …
An Unprecedented Verdict: Expanding Parental Liability For Children’S Violent Crimes,
2024
Touro University Jacob D. Fuchsberg Law Center
An Unprecedented Verdict: Expanding Parental Liability For Children’S Violent Crimes, Jolie Bodner Zangari
Scholarly Works
No abstract provided.
The Consumer’S Choice To Boycott,
2024
Seattle University School of Law
The Consumer’S Choice To Boycott, Agnes Bresee
Seattle University Law Review
In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …
A Different Approach To Agency Theory And Implications For Esg,
2024
Seattle University School of Law
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
Seattle University Law Review
In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.
Overseeing The Administrative State,
2024
Seattle University School of Law
Overseeing The Administrative State, Jill E. Fisch
Seattle University Law Review
In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …
The Sec, The Supreme Court, And The Administrative State,
2024
Seattle University School of Law
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
Seattle University Law Review
Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States,
2024
Seattle University School of Law
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly
Seattle University Law Review
After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?,
2024
Loyola University Chicago
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
The Communication Conundrum: Weighing The Need To Prove Intent In Erisa Misrepresentation Claims,
2024
Emory University School of Law
The Communication Conundrum: Weighing The Need To Prove Intent In Erisa Misrepresentation Claims, Kristen Hobbs
Emory Law Journal
In 1974, Congress enacted the Employee Retirement Income Security Act (ERISA) to provide oversight to voluntary employee benefit plans in the private sector. The statute, which draws from a deep well of common law history, places robust requirements on fiduciaries who safeguard such plans. Shortly after ERISA’s enactment, courts were forced to interpret the broad fiduciary duties set forth in 29 U.S. § 1104, which simply mandates that fiduciaries must discharge duties solely in the interest of the participants and beneficiaries. Considering this broad language, courts set out to define specific standards to which fiduciaries should be held, particularly surrounding …
Anglo-Saxon Res Judicata Culture For Civil Law Systems,
2024
Bocconi University of Milan
Anglo-Saxon Res Judicata Culture For Civil Law Systems, Cesare Cavallini
Northwestern Journal of International Law & Business
One traditional aspect distinguishing the common law system from the civil law one lies in the perceived disparities in the inspiration of the law-making process. The Anglo-Saxon system typically grounds its rules in explicit and discernible policies spanning social, anthropological, and economic realms directly relevant to the circumstances. In contrast, the civil law tradition frequently necessitates a fixed conceptual framework, sometimes detached from the practical needs of society. Or, at least, this dynamic persisted until recent changes prompted by the “doing business” model, which has timidly ascended to the forefront of the State agenda, particularly across Europe, notably in Italy. …
"Yes, You're About To Meet Your Maker, But Did You Really See That Guy?": The Common Law And The Crawford Dying Declaration Exception,
2024
University of Michigan Law School
"Yes, You're About To Meet Your Maker, But Did You Really See That Guy?": The Common Law And The Crawford Dying Declaration Exception, David A. Moran
University of Michigan Journal of Law Reform
I had the privilege of getting to see the creation of the Crawford v. Washington revolution up close. Less than two months after I argued my first case before the Court, it granted Jeffrey Fisher’s petition for writ of certiorari in Crawford. Richard Friedman, who had taught me Evidence when I was a student at Michigan a decade earlier and who is rightfully credited as the intellectual architect of the Crawford revolution, asked me in the fall of 2003 to help moot Jeff, who was also a Michigan alumnus. I went to Washington to hang out with Jeff and Rich …
Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors,
2024
Touro University Jacob D. Fuchsberg Law Center
Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman
Touro Law Review
As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …
The First Amendment, Discrimination, And Public Accommodations At Common Law,
2024
The Catholic University of America, Columbus School of Law
The First Amendment, Discrimination, And Public Accommodations At Common Law, Adam J. Macleod
Scholarly Articles
Many recent cases of constitutional conflict have pitted First Amendment liberties of speech, religious exercise, and association against nondiscrimination rules and policies, especially laws governing public accommodations and public forums. To resolve these cases and to understand how civil rights fit together, courts and scholars need a logical and satisfying account of the foundations of public accommodations law. But the law seems to be confused and legal scholars are of different minds. Some assert that proprietors who open their premises and services to the public have no right at common law to exclude or refuse service to anyone. Others find …
The Quick And The Dead (And The Transported),
2023
Purdue University
The Quick And The Dead (And The Transported), Manushag N. Powell
ABO: Interactive Journal for Women in the Arts, 1640–1830
In most nations that still execute prisoners—including the U.S.—it is illegal to execute a pregnant person. In English common law, women have been permitted to “plead the belly” in one form or another since the 14th century, and this fact is sometimes misconstrued by anti-choice and forced-birth advocates as evidence of a long legal tradition of protection for the lives of fetuses. In fact, it is merely evidence of a long history of legal inconsistencies in the ways laws were applied and sentences carried out against women, for whom there were fewer options for clemency than for men. This …
Common Law Statutes,
2023
George Washington University Law School
Common Law Statutes, Charles W. Tyler
Notre Dame Law Review
The defining feature of a “common law statute” is that it resists standard methods of statutory interpretation. The category includes such important federal statutes as the Sherman Act, § 1983, and the Labor Management Relations Act, among others. Despite the manifest significance of common law statutes, existing caselaw and legal scholarship lack a minimally defensible account of how courts should decide cases arising under them. This Article supplies such an account. It argues that judges should decide cases arising under common law statutes by applying rules representing a consensus among American courts today—i.e., rules that jurisdictions generally have in common. …
An Originalist Approach To Prospective Overruling,
2023
Northwestern University
An Originalist Approach To Prospective Overruling, John O. Mcginnis, Michael Rappaport
Notre Dame Law Review
Originalism has become a dominant jurisprudential theory on the Supreme Court. But a large number of precedents are inconsistent with the Constitution’s original meaning and overturning them risks creating enormous disruption to the legal order. This article defends a prospective overruling approach that would harmonize precedent with originalism’s rise and reduce the disruption from overrulings. Under prospective overruling, the Court declares that an existing statute violates the original meaning but will continue to be enforced because declaring it unconstitutional would produce enormous costs; however, future statutes of this type will be voided as unconstitutional. Under our approach, the Court would …
A Revisionist History Of Products Liability,
2023
Cornell Law School
A Revisionist History Of Products Liability, Alexandra D. Lahav
Michigan Law Review
Increasingly courts, including the Supreme Court, rely on ossified versions of the common law to decide cases. This Article demonstrates the risks of this use of the common law. The main contribution of the Article is to demonstrate that the traditional narrative about early products law—that manufacturers were not liable for injuries caused by their products because the doctrine of privity granted producers immunity from suit by the ultimate consumers of their goods—is incorrect. Instead, the doctrinal rule was negligence liability for producers of injurious goods across the United States in the nineteenth century. Courts routinely ignored or rejected privity …
Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory,
2023
Fordham University School of Law
Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan
Fordham Law Review
Sexual assault perpetrated by correctional officers in prisons and jails is a pervasive problem in women’s correctional facilities. However, victims who choose to pursue a civil action rarely recover damages for their injuries because our legal system fails to provide adequate options for relief. This failure leaves victims uncompensated and disincentivizes correctional institutions from implementing effective preventative measures. Part of the reason for this failure is that most U.S. courts refuse to hold employers liable for sexual violence committed by their employees. They find that employers cannot be held liable for the tortious conduct of their employees unless the conduct …
Perlindungan Hukum Bagi Pembeli Terhadap Gugatan Pembatalan Jual Beli Tanah Oleh Para Ahli Waris Penjual,
2023
Universitas Indonesia
Perlindungan Hukum Bagi Pembeli Terhadap Gugatan Pembatalan Jual Beli Tanah Oleh Para Ahli Waris Penjual, M Waldi Ali Soraya, Lauditta Humaira ,S.H.,M.Kn.
Lex Patrimonium
In the implementation of the Sale and Purchase Binding Agreement Deed, a dispute may occur. For example, if the land being sold is an inheritance. For example, one of the sellers does not approve of the sale and purchase, or the land is sold by someone who is not an heir. Of course the buyer will be disadvantaged. The aim of the research is to find out the legal provisions governing the unilateral cancellation of the PPJB, to explain the determination of unlawful acts and to analyze the legal protection for buyers in land sale and purchase agreements which are …
Perbandingan Rechtsverwerking Sebagai Doktrin Hukum Di Indonesia Dan Doktrin Estoppel Di Amerika Serikat Pada Bidang Hukum Perjanjian,
2023
Universitas Indonesia
Perbandingan Rechtsverwerking Sebagai Doktrin Hukum Di Indonesia Dan Doktrin Estoppel Di Amerika Serikat Pada Bidang Hukum Perjanjian, Joseph Noviandri, Togi Marolop Pangaribuan
Lex Patrimonium
This journal discusses the scope of rechtsverwerking as a doctrine known as the ‘waiver of rights’ doctrine. rechtsverwerking refers to a situation where someone possesses a certain right but does not exercise it within a specific period, which may result in the loss of that right. This concept of waiving rights is widely recognized, As exemplified by Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning the release of land rights, the application of the rechtsverwerking doctrine should no longer be used as the basis for releasing land rights, as legislation takes precedence over doctrines in the …
