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Three Stories: A Comment on Pritchard & Thompson’s A History of Securities Laws in the Supreme Court
Get PDFAdam Pritchard and Robert Thompson’s A History of Securities Laws in the Supreme Court should stand for decades as the definitive work on the Federal securities laws’ career in the Supreme Court across the twentieth century.1 Like all good histories, it both tells a story and makes an argument. The story recounts how the Court dealt with the major securities laws, as well the agency charged with enforcing them, the Securities and Exchange Commission (SEC), and the rules it promulgated, from the 1930s into the twenty-first century. But the book does not just string together a series of events, “one damn thing after another”; it also provides an explanation of why things changed, an account of causes. In this short comment I want to highlight their account, compare it to another account of these events that may (or may not) differ from theirs, and suggest an admittedly unconventional way that readers can test for themselves whether they accept the causal account provided by Pritchard and Thompson. How to do this? Perhaps by telling stories
The School to Prison Pipeline: How Public Schools Continuously Fail and Isolate Society’s Most Vulnerable Children
Get PDFAn Analysis of the Legal Framework for Telemedicine in Jamaica
Get PDFThe ubiquity of telemedicine worldwide makes it hard to imagine a time without it. While global iterations of remote healthcare services began decades ago, telemedicine as a phenomenon has existed in Jamaica since at least the late 1990s. Still, its use and uptake were inconsistent and sporadic for a multitude of reasons, one of which was the strong preference for in-person healthcare services. However, as the last few years have demonstrated, the expansion of medicinal practice beyond the confines of the examination room can prove immensely valuable, not only during times of crises, but in the everyday practice of medicine. Indeed, the COVID-19 pandemic has shifted both provider and patient perspectives, catalysing the utility of telemedicine. With telemedicine services gaining popularity, it reaffirmed a commitment to a ‘right to health’ for all in Jamaica.
In early 2022, in response to the thriving demand for telemedicine services, the government of Jamaica developed a legal framework to address the use of telemedicine to expand the scope of medical practice. While the value of telemedicine may extend to all countries, there is a paucity of research and analysis that centres on the Caribbean experience which could prove instructive to the technological evaluation and implementation processes associated with the practice of telemedicine. It is laudable that Jamaica is the first Caribbean country to have drafted legal standards governing the practice of telemedicine; this is noteworthy and deserving of being part of the discourse. As such, this paper aims to advance the understanding of the utility of telemedicine in the Caribbean by describing and analysing the current legal and regulatory framework for telemedicine in Jamaica. It does so by contemplating both the legal and ethical challenges in the practice of telemedicine in Jamaica and the broader Caribbean region
A Hard Pill to Swallow: The Abysmal Mental Health Standards of Detained Immigrant Children in the United States
Get PDFAfter 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 to harsh disciplinary practices that further traumatized the child. Unfortunately, this child was one of many experiencing punitive punishment so, together, the child and others incarcerated at the facility filed a class action suit contending that the facility failed to provide a constitutionally adequate level of mental health care. Holding for a professional judgment standard, the Court’s ruling in Shenandoah created a circuit split, as the Third Circuit had previously applied the deliberate indifference standard. The professional judgment standard “is based on experience as well as learned knowledge and skills. Relying on one’s own professional judgment, sharing that judgment with others, and seeking consultation when necessary are foundational elements of practicing medicine.” The deliberate indifference standard is “Conscious disregard of the harm that one’s actions could do to the interests or rights of another.” This Comment’s main argument is that the Supreme Court should take on the issue presented in Shenandoah, solidifying the fact that the professional judgment standard prevails over the deliberate indifference standard. This Comment also argues that the agencies who have custody over unaccompanied children should take note of the reports published concerning them and take actions to better the mental health care provided in their facilities
Revised ABA Standard 303: Curricular, Pedagogical, and Substantive Questions
Get PDFABA accreditation standards now require law schools to provide education and training on racism, bias, and cross-cultural competence. This seemingly straightforward mandate raises numerous questions as schools plan for and implement compliance. Here, I articulate and approach these compliance questions using insights drawn from critical theory—which supplies helpful guidance for responses and ultimately antiracism legal education that is more than minimalist. Armed with critical insights, lawyers are better equipped to contribute to the struggle to eradicate systemic social ills in law and society
Forever Chemicals Are Infiltrating America, and The Nation is Letting Impoverished and Marginalized Communities Take the Brunt Of the Contamination
Get PDFOpting Out of the Exception: Washington’s Opportunity to Provide Due Process for Detained Immigrants
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Corporate Law in the Global South: Heterodox Stakeholderism
Get PDFHow do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many others. By incorporating broader public policy and distribution objectives into corporate law, heterodox stakeholderism can be interpreted as an institutional adaptation—be it sensible or misguided—to a context of high inequality and externalities that remain unaddressed through other areas of law. As the rise of inequality and growing distrust in the state’s ability to tackle social and environmental concerns have brought the Global North closer to the Global South’s realities, the resurgent interest in stakeholderism in the developed world constitutes a surprising form of “reverse convergence” that merits greater attention. Finally, heterodox stakeholderism in the Global South also responds to critical, but heretofore neglected, distributional implications of corporate law rules, such as limited liability for environmental harm caused by corporate subsidiaries, which tend to enrich Global North companies and investors at the expense of Global South victims. These findings have implications for ongoing debates in corporate law, comparative law, law and development, and business and human rights