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Extending “Dignity Takings”: Re-Conceptualizing the Damage Caused by Criminal History and Ex-Offender Status
Get PDFHolacracy and the Law
Get PDFNo law requires companies to have CEOs, officers, supervisors, chains of command, or even employees. But traditional managerial structures are so ingrained in our political economy that legal doctrines take them for granted. What if they were to disappear? Under holacracy, a new version of participatory management adopted at companies like Zappos and Medium, companies are replacing managers, organizational charts, and subordinates with governance circles, roles, and lead links. The promise of holacracy is a system of management that devolves responsibilities to teams, empowers workers to act freely within specified zones of authority, and energizes the entire organization around an evolutionary purpose. This Article takes holacracy’s fully imagined approach and asks how current law would respond. Looking at corporate law, fiduciary law, labor and employment law, contract law, and criminal law, the Article breaks down the legal and economic assumptions about traditional firm hierarchies and then contemplates how we can reconceive existing law and policy to match the purposes of holacracy and its kin. Ultimately, holacracy teaches us not only about the possibilities of participatory governance, but also the extent to which we assume that hierarchy goes hand-in-hand with business entities
Alternative Systems of Crime Control. National, Transnational, and International Dimensions
Get PDFThe typical trial-oriented systems of criminal justice that are primarily based on the strict application of substantive criminal law have reached their functional and logistical limits in most parts of the modern legal world. As a result, new sanction models, less formal, administrative, and discretionary case disposals, plea bargaining arrangements, and other alternative procedural and transitional justice mechanisms have emerged at unprecedented levels in national and international legal orders affiliated both with the civil law and the common law tradition. These normative constructs and practices aim at abbreviating, simplifying, or circumventing the conventional criminal investigation and prosecution. They seek to enhance the effectiveness of conflict resolution proceedings and to shift the focus of crime control from repression to prevention.
The present volume explores these alternative, informal, preventive, and transitional types of criminal justice and the legitimacy of new sanction models in the global risk society from the perspective of national and international justice and by focusing on the special regimes of anti-terrorism measures and security law. The authors of the papers are experts and internationally acclaimed scholars in this field. Their research results were presented and discussed at an inter-national conference held on 26-27 January 2018 at Middle Temple in London, UK, which was organized by the School of Law of the Queen Mary University of London, the Max Planck Institute for Foreign and International Criminal Law (Freiburg), and the European & International Criminal Law Institute (Athens)
The Future of Anti-SLAPP Laws
Get PDFAaron Freeman explains that even though anti-SLAPP laws have become an important protection for the exercise of First Amendment rights, their future in federal courts is uncertain.https://scholarship.law.slu.edu/lawjournalonline/1022/thumbnail.jp
Emoluments, The (Nearly) Unlitigated Clauses of the Constitution
Get PDFDan Blair discusses the ongoing case of District of Columbia v. Trump, including the court’s definition of “emoluments” under the Constitution, and whether domestic and foreign government representatives staying at the president’s hotel violates the Domestic Emoluments Clause or the Foreign Emoluments Clause of the Constitution.https://scholarship.law.slu.edu/lawjournalonline/1028/thumbnail.jp
Overlapping and Concurrent Surgeries: An Analysis of Informed Consent when There Is Incomplete Risk Information
Get PDFThe practice of overlapping and concurrent surgeries—where a single surgeon runs two or more operations at once—is not new. However, it was not until 2015, through the Boston Globe’s investigation, that the general public learned the details of such practices. Lack of transparency surrounding these practices regrettably has created a culture of distrust within the surgeon-patient relationship. The core concern of overlapping and concurrent surgeries is the potential for patient risk. Scientific research on how much additional risk overlapping or concurrent surgeries place on the patient is still in its early stages. This article explores current scientific research, noting the limitations of the studies and advocating for further research efforts. It then examines various ways the law should handle overlapping and concurrent practices. This article concludes that under the informed consent doctrine and due to the fiduciary nature of the treatment relationship, surgeons should be required to disclose to the patient whether an operation will proceed in an overlapping or concurrent manner even when risk information is incomplete. Ultimately, this article urges health care institutions to establish disclosure policies for overlapping and concurrent surgeries to allow for open surgeon-patient communication and truly informed patient consent
Three Lost Ebola Facts and Public Health Legal Preparedness
Get PDFThree key facts about Ebola Transmission should drive policy designed to control the risk of transmission during a crisis. Ebola—like HIV—is not easily transmissible human-to-human. Ebola has “dry” and “wet” symptoms, and only the wet symptoms threaten public health. A fever is Ebola’s canary in a coal mine; it provides timely warning of a coming threat.
Yet, during the U.S. Ebola scare in 2014, these three facts were lost. Unnecessary quarantine, stigma, and burden on those exposed to Ebola resulted, including especially for those who volunteered to fight the disease at its source abroad. Tragically, the law permitted these injustices because lawyers, judges, and legal rules also lost track of these key Ebola facts. Thus, public health legal preparedness demands that we do more than clarify relevant legal standards; we must also prepare lawyers and judges to better account for key infectious disease facts during the next emergency
