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The Role of the ABA’s “Summits” in Facilitating Global Networks and International Cross-Border Legal Practice
No full textThis Article was written for a Symposium honoring recently-retired Professor Bob Lutz. It describes fourteen gatherings that were organized by either the ABA Section of International Law’s Transnational Legal Practice Committee or by the predecessor entities to the ABA Standing Committee on International Trade in Legal Services. Professor Lutz was a driving force behind these gatherings, which were held between 2004 and 2014, and were referred to by the organizers as “Summits.” This Article examines the impact of these Summits and explains why they played a critical role in helping establish global legal profession networks among U.S. legal profession stakeholders and stakeholders from other countries and organizations, including the CCBE. This Article concludes by exploring the lasting legacy of these Summits and the networks they helped facilitate
Comment Re: Non-Compete Clause Rulemaking, Matter No. P201200
No full textWithin signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition.
This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections:
I. Summary of the Proposal;
II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before Seeking Alternative Employment;
III. Non-Compete Clauses Are Unfair Methods of Competition;
IV. Non-Compete Clauses Negatively Impact Workers and Their Families;
V. The Proposed Rule Protects Small Businesses and Entrepreneurs; and
VI. The Commission Should Consider a Factor Test for Its Unfairness Analysis for Senior Executive
Artificial Intelligence Tools in Clinical Neuroradiology: Essential Medico-Legal Aspects
No full textCommercial software based on artificial intelligence (AI) is entering clinical practice in neuroradiology. Consequently, medico-legal aspects of using Software as a Medical Device (SaMD) become increasingly important. These medico-legal issues warrant an interdisciplinary approach and may affect the way we work in daily practice. In this article, we seek to address three major topics: medical malpractice liability, regulation of AI-based medical devices, and privacy protection in shared medical imaging data, thereby focusing on the legal frameworks of the European Union and the USA. As many of the presented concepts are very complex and, in part, remain yet unsolved, this article is not meant to be comprehensive but rather thought-provoking. The goal is to engage clinical neuroradiologists in the debate and equip them to actively shape these topics in the future
Ethical and Legal Challenges of Digital Medicine in Pandemics
No full textThe Covid-19 pandemic and the resulting restrictions on mobility, contact bans, mobile phone surveillance apps, and other strategies for containment of infection chains have led to a clear increase in the use of digital applications in public and private healthcare in the past year. Improved data analysis in the research, development, and testing of new therapies, as well as the growing potential of artificial intelligence for rapidly developed diagnostic methods and vaccine candidates, has also resulted in increased demand and application of digital aids among doctors, patients, hospitals, researchers, and companies. However, the use of these technical innovations has been accompanied by socio-economic and political discussions as well as lively ethical and legal debates. Issues such as data protection, cyber security, consent, transparency, discrimination, ownership, and a fair distribution and access to digital opportunities play an important role here. This chapter discusses central ethical and legal issues using concrete examples and provides an in-depth discussion of selected issues that not only illustrate ethical and legal problem areas and risks, but also show possible solutions.https://insight.dickinsonlaw.psu.edu/book-contributions/1028/thumbnail.jp
Professional Responsibility, A Contemporary Approach
No full textIn Print and Online, Professional Responsibility: A Contemporary Approach, 5th Edition offers a comprehensive, challenging, and engaging treatment of the law and ethics of lawyers’ work, including professionalism, in a modern and accessible format. It is the only book to include international comparisons throughout the book and an entire chapter devoted to exploring lawyering perspectives. Faculty have the option of using the casebook as an innovative paper text or as the foundation for a computer interactive pedagogy that features thought-provoking online components, including internet links and multiple choice assessment problems on CasebookPlus™ to satisfy ABA formative assessment requirements. Each chapter features learning outcomes, and most chapters include audio-links to mini-lectures by the authors to explain difficult concepts. This edition also incorporates racial and social justice issues in each chapter to facilitate thought-provoking discussions and enhance professional development.https://insight.dickinsonlaw.psu.edu/fac-books/1015/thumbnail.jp
An IBA Guide to International Trade Agreements for IBA Member Bars
No full textThis guide is designed to assist International Bar Association (IBA) Member Bars in understanding and responding to the changing approach to international treaties governing trade in legal services. It builds on and updates the General Agreement on Trade in Services (GATS) Handbook, which the IBA published in 2003 (revised in 2013). The original handbook was designed to help IBA Member Bars deal with a specific set of negotiations taking place in the World Trade Organization (WTO) at the time, known as the Doha Round of negotiations, which were expected to have significant implications for trade in services, including legal services. The 2013 edition incorporated some additional material, but was essentially an update of the 2003 version. This new guide to International Trade Agreements incorporates all the key material on the WTO GATS from these handbooks, with updates to reflect the very different environment for international trade in legal services that has emerged over the past decade. -- Introductionhttps://insight.dickinsonlaw.psu.edu/fac-books/1018/thumbnail.jp
