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Emanuel Law Outlines for Administrative Law, 5th ed.
No full textThe most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep.https://scholarship.law.bu.edu/books/1138/thumbnail.jp
Planetary Ethics: Russell Train and Richard Nixon at the Creation
No full textThis piece offers a retrospective review of a plenary speech at the 1969 Annual Meeting of the American Public Health Association by the leading environmentalist of the Nixon administration, attorney and judge Russell Train. Train\u27s talk, titled “Prescription for a Planet,” can be seen as an early argument for uniting environmental health and public health as the two main determinants of both individual and population health and for the inclusion of these fields in the then-new field of “bioethics.
Capitalizing on Healthy Lawyers: The Business Case for Law Firms to Promote and Prioritize Lawyer Well-Being
Get PDFThis Article is the first to make the business case for firms to promote and prioritize lawyer well-being. For more than three decades, quantitative research has demonstrated that lawyers suffer from depression, anxiety, and addiction far in excess of the general population. Since that time, there have been many calls within and outside the profession for changes to be made to promote, prioritize, and improve lawyer well-being, particularly because many aspects of the current law school and law firm models exacerbate mental health and addiction issues, as well as overall law student and lawyer distress. These calls for change, made on moral and humanitarian grounds, largely have been ignored; in fact, over the years the pervasiveness of mental health and addiction issues within the profession have persisted, if not increased. This Article argues that these moral- and humanitarian-based calls for change have gone unheeded because law firms have not had financial incentives to respond to them.
In making the business case for change, this Article argues that systemic changes designed to support and resources to lawyers will avoid costs associated with lawyer mental health and addiction issues and, more importantly, create efficiencies that will increase firms’ long-term financial stability and growth. It demonstrates that this business case is especially strong now in light of not only societal and generational factors, but also changes within the profession itself well. As firms have begun to take incremental steps to promote lawyer well-being, lasting and meaningful change will further benefit firms’ collective bottom lines as it will improve: (1) performance, as clients are demanding efficiency in the way their matters are staffed and billed; (2) retention, as that creates efficiencies and the continuous relationships demanded by clients; and (3) recruitment, particularly as younger millennial and Generation Z lawyers—who prioritize mental health and well-being—enter the profession
Me Too? Incentivising States to Adopt Consent-Based Sex Education
Get PDFIn November 2018, Columbia University published a study showing that students who received formal sex education before entering college that included training in refusing unwanted sex were half as likely to be assaulted as those who had not. That study claims to be the first to research sex education’s effect on sexual violence instead of its impact on pregnancy or HIV prevention. A different study, conducted by Planned Parenthood in 2015, shows confusion around the definition of sexual consent itself: it found that 19% of people strongly agreed that not saying “no” indicated consent for more sexual activity, whereas 20% of people strongly disagreed with that statement, and that while 88% of people polled wanted to incorporate instruction on “how to ask for consent” in high school programming, only 21% of students reported learning that information while in high school themselves. The study similarly showed that 97% of people want how to say “no” to sex to be taught in high school, but only 33% of students report learning it
Johnny Veeder QC 1948–2020
Get PDFThirty-six years ago, with a handful of arbitration aficionados, Johnny Veeder founded Arbitration International, later providing yeoman service as the journal’s second General Editor. He pushed the journal to aim at delivery of high-quality scholarship in the English language, on a broad spectrum of topics related to resolution of cross-border disputes, both public and private
The Revival of Respondeat Superior and Evolution of Gatekeeper Liability
Get PDFIn an era of servants and masters, respondeat superior emerged to hold the powerful accountable for the acts of those they control. That doctrine’s significance has only grown in an economy driven by large corporations that rely heavily on legions of subsidiaries and independent contractors, such as banks deploying independent call centers, oil companies using drilling contractors, and tech platforms connecting consumers to app developers. It is widely believed that firms can avoid third- party liability for many laws by outsourcing or creating subsidiaries.
This Article shows that common narratives of the demise of third-party liability are incomplete. Respondeat superior is alive and well. Moreover, in environmental, employment, consumer protection, discrimination, and other areas, the law requires large companies to act as gatekeepers by regulating third parties. These gatekeepers incur liability when they fail to enforce the law. In light of these features, the expansion of liability would be aptly described as respondeat gatekeeper.
The task ahead is to understand and reinforce liability’s ongoing adaptation to a financially and digitally intermediated world. Updating courts’ analytic tools to include economics and network theory would more accurately measure power compared to the current, intuitive approach. Moreover, courts should view pervasive technologies of control—most importantly surveillance tools and online platforms—as stronger evidence of liability. The revival has the potential to restructure corporations, markets, and society in a beneficial manner by bringing harmful activities, as a matter of law, back within the fold of the firm
Antibiotic development — economic, regulatory and societal challenges
Get PDFAntibiotic resistance is undoubtedly one of the greatest challenges to global health, and the emergence of resistance has outpaced the development of new antibiotics. However, investments by the pharmaceutical industry and biotechnology companies for research into and development of new antibiotics are diminishing. The public health implications of a drying antibiotic pipeline are recognized by policymakers, regulators and many companies. In this Viewpoint article, seven experts discuss the challenges that are contributing to the decline in antibiotic drug discovery and development, and the national and international initiatives aimed at incentivizing research and the development of new antibiotics to improve the economic feasibility of antibiotic development
Voting Matters
Get PDFElections have consequences—especially for civil rights, social justice, and human rights.
The year 2020 brings another round of elections for president, legislators, governors, secretaries of state, attorneys general, district attorneys, mayors, city council members, school committee members, and even judges. Our elected officials and their appointees decide who pays how much in taxes, what our taxes pay for, what kind of education our children get, what counts as a crime, what agricultural products are subsidized, what the minimum wage shall be, how to conduct the census, who is eligible for Medicaid, SNAP, and WIC benefits, who is admitted into the country, where hospitals, factories, and wind farms are located, and where toxic waste is dumped.
They decide whether the water supply is safe, whether workers are protected from danger, whether new drugs should be approved, whether internet companies can collect and sell personal data, whether employers are free to discriminate against employees and on what grounds, whether those suffering from substance use disorder will be treated or imprisoned, whether people fleeing gang violence will have a day in court or be caged or turned away at the border, whether people will have affordable housing and health care, whether women have access to reproductive health care, and whether people of color and members of the LGBTQ+ community or different religions can exercise the same rights as other Americans.
Most important, in practice, our elected officials decide who can vote for them and how to conduct elections. Who is elected matters, and it matters who votes
Transnational Fiduciary Law
Get PDFFiduciary law is expanding throughout the world.1 It seems to be a new phenomenon, but in reality, it is not. Fiduciary law is ancient. It existed centuries ago in Mesopotamia, 2 Rome, 3 Egypt,4 Greece,5 as well as in Jewish 6 and Christian laws.7 Fiduciary duties arguably developed later in Great Britain when master landlords left for the holy land on religious crusades and had to rely on others to manage their estates.8 The ancient rules, such as those found in agency law in Mesopotamia, may not have been as sophisticated as the current ones-such as stewardship codes 9 and the consideration of environmental, social, and governance (ESG) factors10 -for measuring financial performance. But the fundamental problems and solutions in each system have remained the same. These problems continue in the recent global movement, which developed these principles and guides of behavior.
What caused the rise of this global movement? Human nature offers a partial answer. Unlike many types of animals, whose survival depends on the support of other members, cooperation in human societies is generally volitional rather than based on genetics.11 Human beings have sought and found ways not only to live with each other, but also to specialize and to help others as well as themselves. Yet, with these benefits came problems of dependence and unequal power in relationships. Fiduciary law helps resolve such problems and encourages these relationships. When people of different countries and cultures interact, fiduciary law is doubly valuable. It provides a foundation for trust, without which long-term and profitable relationships cannot exist.
Part one of this article describes the main problems found in fiduciary relationships-that is, the types of problems fiduciary law is designed to solve. Part two offers a short description of globalization: the rising interaction among people in different parts of the globe. Part three discusses the current growth of problems involving fiduciary relationships in the global context. Part four describes the difficulties of integrating fiduciary law into different legal systems and different cultures, and part five focuses on the ways in which fiduciary rules could more easily be applied to fiduciaries and their relationships with others.
This Article concludes with a prediction that fiduciary principles and their enforcement will likely regulate a significant part of international relationships. This prediction, however, is a hopeful one. Hopefully, the restrictions on powerful fiduciaries will not be excessive and the benefits of their self-limitations will enrich all parties in societies around the globe