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Cardenas-Garcia v. Eighth Jud. Dist. Ct., 140 Nev. Adv. Op. 52 (Aug. 22, 2024)
No full textNRS 432B.555 instructs courts not to release a child to the custody of a parent or guardian who has been convicted of felony child abuse, neglect, or endangerment unless that parent proves by clear and convincing evidence that the child would not be harmed. The issue before the Nevada Supreme Court is how this law applies to parents and guardians who have had their felony convictions withdrawn. The Court held that NRS 432B.555 still applies to parents and guardians who have had their felony convictions withdrawn
In the Matter of Discipline of Hardeep Sull, Bar No. 12108, 140 Nev. Adv. Op. 54 (Aug. 22, 2024)
No full textWhen a client pays a flat fee it must be deposited into the client trust account. If the client terminates their counsel’s services on the flat fee matter, counsel must provide the accounting and they must refund any unearned portion of the fees. This is the case even if counsel is retained to represent the client on other matters
Bar Review Vendor Pop Up
No full textFebruary 13, 2024
March 5, 2024https://digitalcommons.nyls.edu/academic_bar_events/1012/thumbnail.jp
Testing Accommodations for the Bar Exam: What You Need to Know Before Applying
No full textSeptember 6, 2024
This confidential webinar, which preserves your anonymity, will guide you through the non-standard testing accommodations process, including the requirements and deadlines for filing your application(s) for the Multistate Professional Responsibility Exam, the New York Law Exam, and the New York and New Jersey Bar Exams.https://digitalcommons.nyls.edu/academic_bar_events/1010/thumbnail.jp
Impossibility of Artificial Inventors
No full textRecently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many the courts all over the world. This Article analyses these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. The Article challenges the intellectual property (IP) post-humanists, exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans in the law. This response to IP post-humanism rests in equal measure on patent doctrine, legal causation, and the mythology which creates and justifies the law
Children and the Law, Doctrine, Policy, and Practice (8th Edition)
No full textThis popular casebook contains new cases and materials that capture changes in child advocacy and juvenile justice. The book continues its interdisciplinary emphasis, practical approach, and in-depth coverage of lawyering, the parent-child relationship, child abuse and neglect, foster care, adoption, and juvenile delinquency, as well as the regulation of children’s conduct, financial relationships, and medical decision-making. The breadth of coverage enables flexible approaches to the course. The new edition connects foundational law and concepts with contemporary issues (e.g., social media) and recent relevant Supreme Court case law. It expands the international law discussion, providing important comparative perspectives that encourage students to reflect on US law and practice. It also builds out the materials on children’s agency and child development science, as well as providing additional coverage on the changing landscape of sentencing in delinquency law including restorative justice approaches. Notes and Problems (including ones drawn from the national headlines) orient students and provide background for vibrant classroom discussion. A comprehensive, up-to-date teacher’s manual accompanies the book, and the authors will continue to share their thoughts with professors about its most effective classroom use to prepare the next generation of children’s lawyers
Victims Again: Litigation Ends on the US Public Health Service Syphilis Studies in Guatemala
No full textA US Public Health Service study conducted after World War II led to a research scandal involving the intentional infection of 1300 Guatemalans with syphilis and other STIs. That news initially prompted an apology by President Obama to the President of Guatemala and an investigative report from the Presidential Commission for the Study of Bioethical Issues. Despite promises from the US Department of Health and Human Services to invest $1.8 million to “improve the treatment and prevention of HIV and other sexually transmitted diseases,” there is no record that such funding nor any money to compensate the families of people victimized in the research debacle has reached Guatemala. Litigation followed public disclosures. This article analyzes the litigation and explores the likelihood that this lawsuit may represent another episode in the re-victimization of people in Guatemala who still await redress for the wrongs done to their families more than 70 years ago
How Is Access to Legal Resources and Advocacy Foundational to Health Justice?
No full textHealth justice as a movement incorporates research about how to more effectively leverage law, policy, and institutions to dismantle inequitable power distributions and accompanying patterns of marginalization that are root causes of health inequity. Legal advocacy is key to health justice because it addresses patients’ health-harming legal needs in housing, public benefits, employment, education, immigration, domestic violence, and other areas of law. In medical-legal partnerships, lawyers and clinicians are uniquely positioned to jointly identify and remove legal barriers to patients’ health, advocate for structural reform, and build community power
Patient Access to Health Device Data: Toward a Legal Framework
No full textNew health care devices, including at-home diagnostic devices, are generating and aggregating data on patients’ health at a staggering pace. Yet much of that data is inaccessible because it is held in data siloes, most often cloud services controlled by device manufacturers. This proprietary siloing of patient data is problematic from ethical, economic, scientific, and broad public policy perspectives. This chapter frames these concerns and begins to sketch a regulatory framework for patient access to health care device data. As with other consumer data, breaking down siloes and securing patients’ access to their device data safeguards patients’ ownership interests, promotes patients’ ability to maintain and repair their equipment, and encourages interoperability and competition. Yet, data access is especially important for health data: It allows patients to make informed decisions about their own care, and it enables motivated citizen-scientists to study their own conditions and innovate in response to them. Patient access to device data may also be a first step toward building publicly accessible, responsibly governed datasets of so-called “real-world evidence” – which are increasingly essential to validate the accuracy and reliability of current diagnostic devices – and to invent and validate future devices, drugs, and other precision medicine interventions. These interests motivate the development of our proposed framework. Drawing from related experiences with clinical trial data and electronic health records, this chapter identifies the key considerations for a framework that protects key interests, such as privacy and data security, while unlocking the benefits of broader data sharing
Florida
No full textIn general, Florida Public Employment Relations Commission (PERC) decisions and statute demonstrate a dramatic divergence between police and non-police mandatory subjects of bargaining, particularly in the area of discipline. In addition, Duty to Bargain Discipline More Expansive for Police. The duty to bargain disciplinary rules in the non-police setting is much more expansive in the police setting. Duty to Bargain Work Reassignment More Expansive For Police. The reassignment rules are dramatically different in the police and non-police context. Duty to Bargain Change of Duties Broader for Police. There are few cases about changes of duties, but those that exist are more broadly interpreted in the police setting. Inconsistency of Decisions. The Commission decisions make no effort to acknowledge or explain the differences between police and non-police cases. In addition, the uses the concept of “impact bargaining” to selectively bring subjects back within the requirement to bargain even while finding the subject is not mandatory. 2023 Statute Imposes Restrictions on All Unions Except Police. A 2023 Florida law requires unions to meet a 60% membership threshold to be certified and removes the longstanding practice of deducing union dues directly from an employee’s paycheck. The law exempts police unions from coverage