Nebraska law review最新文献_第2页

Legislative Enactment of Standard Forms 标准表格的立法制定

Nebraska law review Pub Date : 2012-05-24 DOI: 10.2139/SSRN.2065954

John M. Gradwohl

引用次数: 0

Fear of Facebook: Private Ordering of Social Media Risks Incurred by Healthcare Providers 对Facebook的恐惧:医疗保健提供者对社交媒体风险的私人订购

Nebraska law review Pub Date : 2011-08-11 DOI: 10.2139/SSRN.1908346

N. Terry

{"title":"Fear of Facebook: Private Ordering of Social Media Risks Incurred by Healthcare Providers","authors":"N. Terry","doi":"10.2139/SSRN.1908346","DOIUrl":"https://doi.org/10.2139/SSRN.1908346","url":null,"abstract":"The last two years have seen important quantitative and qualitative shifts in social media use patterns in the healthcare environment. Reacting to present and future risks there has been a rapid deployment of private ordering: social media policies and other contractual constructs emanating from physicians, professional organizations, employers and educators. These private, often contractual attempts to regulate online interactions or social media conduct are not all benign, themselves creating ethical or legal risk. This article, a follow-up to Physicians And Patients Who ‘Friend’ Or ‘Tweet’: Constructing A Legal Framework For Social Networking In A Highly Regulated Domain, 43 IND. L. REV. 285 (2010), concentrates on social media and these new risk management constructs. Part II provides updated statistics on Internet use by healthcare workers and explores some of the scenarios that have led medical schools and healthcare entities to expressly address social media behavior. Part III inquires into how professional organizations or those who employ or credential physicians have attempted to change the rules of the game by promulgating social media policies and analyses some of the legal constraints on those policies. Part IV deals with the reality of medically relevant information about patients increasingly moving online and asks whether physicians should attempt to access information that might be useful or even life-saving. Finally, Part V describes how the patient-physician dialog has increasingly spilled out of the consulting room and onto social media sites and explores how physicians should react not only to overtures for social media friendship but also to online critical patient comments.","PeriodicalId":82091,"journal":{"name":"Nebraska law review","volume":"90 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2011-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67777952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 15

A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure 两个弃权的故事:《联邦民事诉讼规则》下陪审团弃权抗辩的弃权

Nebraska law review Pub Date : 2008-07-24 DOI: 10.2139/SSRN.1174882

J. Gonzalez

{"title":"A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure","authors":"J. Gonzalez","doi":"10.2139/SSRN.1174882","DOIUrl":"https://doi.org/10.2139/SSRN.1174882","url":null,"abstract":"There is an extensive amount of academic commentary on the enforceability of pre-dispute contractual jury waivers. My article, entitled A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure, considers a related topic that has not received much scholarly attention: the procedure for raising a jury waiver defense in federal civil litigation. Specifically, I advocate a novel approach that treats a contractual jury waiver defense as an affirmative defense under Rule 8 of the Federal Rules of Civil Procedure. The affirmative defense approach requires a party that desires to strike a jury demand on the basis of a pre-dispute contractual jury waiver to plead the waiver as an affirmative defense and then move to strike the jury demand after discovery has been conducted on the merits of the defense. Under this approach, the waiver issue must be raised early on in the pre-trial litigation process and determined expeditiously by the courts. Under the current approach, a party may raise the jury waiver challenge for the first time on the eve of trial or even during the jury trial itself, which is very problematic. As far as I know, this is the first scholarly piece to advocate a departure from the current approach and my arguments are novel.","PeriodicalId":82091,"journal":{"name":"Nebraska law review","volume":"59 1","pages":"3"},"PeriodicalIF":0.0,"publicationDate":"2008-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68149710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

In Good Times and in Debt: The Evolution of Marital Agency and the Meaning of Marriage 繁荣时期和负债:婚姻代理的演变和婚姻的意义

Nebraska law review Pub Date : 2008-04-21 DOI: 10.2139/SSRN.1123612

Marie T. Reilly

引用次数: 0

The Mandatory Disclosure of State Corporate Law 国家公司法的强制性披露

Nebraska law review Pub Date : 2007-08-30 DOI: 10.2139/SSRN.1010997

Christopher John Gulinello

{"title":"The Mandatory Disclosure of State Corporate Law","authors":"Christopher John Gulinello","doi":"10.2139/SSRN.1010997","DOIUrl":"https://doi.org/10.2139/SSRN.1010997","url":null,"abstract":"The disclosure of information on state corporate law should be high on the agenda of the ongoing mandatory disclosure debate. State corporate law plays a central role in the governance of public firms and despite the intense focus legal academia places on state corporate law, public companies are not required to disclose much information about the corporate law of their respective states of incorporation. This article makes a case for mandating public companies to disclose information about state corporate law as part of their regular disclosures. State corporate law is an important part of the information investors need to evaluate corporate governance risk. Mandatory disclosure of state corporate law would reduce the costs of disseminating information in a market where there are 51 possible jurisdictions for which investors need to research and process information on state corporate law. In addition, mandatory disclosure of state corporate law would better ensure that this information is incorporated into the price of securities when there is a possibility the market largely ignores some important aspects of state corporate law. Posted with permission from the Nebraska Law Review. See Christopher J. Gulinello, The Mandatory Disclosure of State Corporate Law, 86 Neb. L. Rev. 795 (2008)","PeriodicalId":82091,"journal":{"name":"Nebraska law review","volume":"86 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2007-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68124616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Evolving Business and Social Norms and Interpretation Rules: The Need for a Dynamic Approach to Contract Disputes 不断演变的商业和社会规范与解释规则:需要一种动态的方法来处理合同纠纷

Nebraska law review Pub Date : 2005-05-06 DOI: 10.2139/SSRN.713962

Nancy S. Kim

引用次数: 1

Out-of-Priority Water Use: Adding Flexibility to the Water Appropriation System 非优先用水:增加用水分配系统的灵活性

Nebraska law review Pub Date : 2004-01-01 DOI: 10.2139/SSRN.2691110

Lawrence J. Macdonnell

引用次数: 3

Patient advocacy and termination from managed care organizations. Do state laws protecting health care professional advocacy make any difference? 患者倡导和终止管理医疗机构。保护卫生保健专业宣传的州法律有什么不同吗?

Nebraska law review Pub Date : 2003-01-01

Linda C Fentiman

引用次数: 0

What is Congress Supposed to Promote?: Defining 'Progress' in Article I, Section 8, Clause 8 of the United States Constitution, or Introducing The Progress Clause 国会应该促进什么?:在美国宪法第1条第8款第8款中定义“进步”，或引入“进步”条款

Nebraska law review Pub Date : 2002-04-01 DOI: 10.2139/SSRN.304180

M. Pollack

{"title":"What is Congress Supposed to Promote?: Defining 'Progress' in Article I, Section 8, Clause 8 of the United States Constitution, or Introducing The Progress Clause","authors":"M. Pollack","doi":"10.2139/SSRN.304180","DOIUrl":"https://doi.org/10.2139/SSRN.304180","url":null,"abstract":"Repeated Supreme Court dicta characterize the Intellectual Property Clause of the United States Constitution as containing both grants of power and limitations. The Court, however, has yet to explicate the limit imposed by the Clause's opening words, \"to Promote the progress of Science and the useful Arts.\" Scholars and jurists have assumed without investigation that \"progress\" bears the meaning most potent in Nineteenth Century American civilization: a continuous qualitative improvement of knowledge inevitably leading to consensus and human happiness. This article presents empirical evidence that the 1789 meaning of \"progress\" is \"spread.\" The original meaning of Article I, section 8, clause 8 of the Constitution is that Congress has power to pass only such time-limited copyright and patent statutes as increase the dissemination of knowledge and technology to the public. Congress' modern focus on providing maximum control and economic benefit to copyright holders is constitutionally illegitimate. The Court, therefore, should hold the Copyright Term Extension Act to be unconstitutional when it decides Eldred v. Ashcroft next Term. The same fate should await the anticircumvention provisions of the Digital Millennium Copyright Act. Article I, section 8, clause 8 is most properly referred to as the \"Progress Clause.\"","PeriodicalId":82091,"journal":{"name":"Nebraska law review","volume":"80 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2002-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68505870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13

Physician-assisted suicide: new protocol for a rightful death. 医生协助自杀:合法死亡的新协议。

Nebraska law review Pub Date : 1998-01-01

C N O'Brien, G A Madek

引用次数: 0