Pace law review最新文献

{"title":"Fine-Tuning: The Emergent Order-Maintenance Architecture of Local Civil Enforcement","authors":"Brendan Michael Conner","doi":"10.58948/2331-3528.2050","DOIUrl":"https://doi.org/10.58948/2331-3528.2050","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46148861","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}

{"title":"Using Investor-State Dispute Settlement to Enforce International Environmental Commitments","authors":"Andie Altchiler","doi":"10.58948/2331-3528.2042","DOIUrl":"https://doi.org/10.58948/2331-3528.2042","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42410369","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}

{"title":"Blockchain and Its Potential Real-World Applications: Implications on Discovery Procedures","authors":"Ross M. Keiser","doi":"10.58948/2331-3528.2040","DOIUrl":"https://doi.org/10.58948/2331-3528.2040","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41355297","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}

{"title":"Getting a Second Wind: Reviving Natural Rights Clauses as a Means to Challenge Unjustified Occupational Licensing Regulations","authors":"Alexander C. Lemke, A. Macdonald","doi":"10.58948/2331-3528.2036","DOIUrl":"https://doi.org/10.58948/2331-3528.2036","url":null,"abstract":"Occupational licensing refers to a government-imposed regulation which requires an individual to obtain a license before engaging in a certain line of work. Over the last several decades, occupational licensing regulations have expanded rapidly. While some of these regulations can be justified as a form of consumer protection (as in the medical industry), many simply operate as * J.D., University of Tulsa College of Law. ** M.A., Economics, Maxwell School of Citizenship and Public Affairs, Syracuse University.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46333688","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}

{"title":"Identifying Super-precedents in an Era of Human Rights","authors":"V. Samar","doi":"10.58948/2331-3528.2035","DOIUrl":"https://doi.org/10.58948/2331-3528.2035","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42514364","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}

{"title":"The Liability of Health Care Providers to Third Parties Injured by a Patient","authors":"Samuel D. Hodge","doi":"10.58948/2331-3528.2038","DOIUrl":"https://doi.org/10.58948/2331-3528.2038","url":null,"abstract":"Duty of care is a critical component of any negligence claim necessary to establish liability. It is well recognized at common law that a physician owes a duty to advise a patient but is not mandated to take affirmative measures outside the physicianpatient relationship to protect a third-party. Health care providers may also be responsible for oversight, or the failure to safeguard a patient, due to a special relationship they undertake, such as failing to properly diagnose or recommend an appropriate treatment plan. Recently, the courts have struggled over whether public policy and fairness require the expansion of the law to impose liability upon health care providers for injuries sustained by third parties caused by patients in motor vehicle accidents. Various theories are advanced to establish liability, such as the physician being negligent by violating a statute created to protect the public through negligence per se, establishing prima facie negligence, or offering evidence of carelessness. A clear court consensus has failed to emerge whether the common law should be expanded in favor of responsibility. This article will provide a brief history of the efforts to enlarge physician liability to third parties. It will then focus on the cases that have arisen against physicians by a third party injured in a motor vehicle accident related to a patient’s medical condition or medication side-effects. This is a dilemma confronting the courts on a regular basis. K.R. was a troubled soul who suffered from depression, recreational drug use, and questionable seizures.1 Several physicians prescribed various pharmaceuticals, some of which are known to cause drowsiness.2 She was told not to drive, but this was not a significant concern because her boyfriend took her 1. K.R. is the driver’s initials who caused the accident, and a pseudonym to protect her confidentiality because of a civil commitment. Bland v. K.R., No. A-1837-18T1, 2020 WL 2510361, at *1 n.3 (N.J. Super. Ct. App. Div. May 15, 2020). 2. Id. at *4. 2 https://digitalcommons.pace.edu/plr/vol41/iss2/4 2021 LIABILITY OF HEALTH CARE PROVIDERS 151","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42937518","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}

{"title":"United States v. Hoskins: An Opportunity for the Second Circuit to Limit the Abusive Reach of the FCPA","authors":"Christopher D. Man, Kyllan J. Gilmore","doi":"10.58948/2331-3528.2039","DOIUrl":"https://doi.org/10.58948/2331-3528.2039","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47932036","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}

{"title":"HIERARCHIES OF ELITISM AND GENDER: THE BLUEBOOK AND THE ALWD GUIDE","authors":"Steven K. Homer","doi":"10.58948/2331-3528.2024","DOIUrl":"https://doi.org/10.58948/2331-3528.2024","url":null,"abstract":"Hierarchies persist in legal academia. Some of these, while in plain view, are not so obvious because they manifest in seemingly small, mundane choices. Synecdoche is a rhetorical device used to show how one detail in a story tells the story of the whole. This Article examines hierarchies of elitism and gender through a lens of synecdoche. The focus is on the choice of citation guide. Even something as seemingly benign and neutral as choosing a citation guide can reveal hierarchies of elitism and gender bias in legal education and the legal profession. Put another way, the choice of citation guide exists in—is inextricably embedded in—structural hierarchies of the legal profession. This Article examines the ways the choice of a citation guide reinforces elitism and gender bias by examining the use of two common citation guides, The Bluebook and the ALWD Guide. The Bluebook was developed by law students engaged in prestige activities at top-ranked law schools and retains the traits of its birth. This is in contrast to the ALWD Guide, which was written by experienced, professional legal writing professors who have dedicated their careers to teaching lawyers how to practice law. The Article describes the ALWD Guide’s focus on educating students to be practitioners, and the role of elitism and gender bias in keeping the ALWD Guide from displacing The Bluebook, despite The Bluebook’s well-documented deficiencies in training attorneys. This Article describes how learning citation gives students a kind of social capital through explicit and implicit messages they 2020 HEIRARCHIES OF ELITISM AND GENDER 3 receive about the relationship of citation to their aptitude for the study of law, the connections between citation and prestige activities like law reviews, and the rhetoric of citation as a proxy for “good lawyering.” It explains how the elevation of The Bluebook elevates and perpetuates elitism as a substitute for quality over the expertise of women—in this case, women working in lower-status, lower-paying positions. It ultimately uses the example of the choice of a citation guide to examine the distribution of authority, power, and resources along gender lines in society in general and in legal education. The choice of citation guide is a locus of power, and resistance to small choices that shift power accumulates into the perpetuation of the hierarchical status quo. It concludes that by using this example of synecdoche, we can examine and perhaps shift our awareness of who has power, authority, and expertise within the legal profession and move toward rebalancing this power and authority based upon real expertise.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49385404","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}

{"title":"IF YOU CAN’T BEAT ‘EM, JOIN ‘EM (VIRTUALLY): INSTITUTIONALLY MANAGING LAW STUDENTS AS CONSUMERS IN A COVID WORLD","authors":"D. M. Vollweiler","doi":"10.58948/2331-3528.2025","DOIUrl":"https://doi.org/10.58948/2331-3528.2025","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43659618","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}

{"title":"SECTION 230: THE VALYRIAN STEEL FOR WEBSITE OPERATORS, AND WHY A TAX CREDIT IS THE BEST SOLUTION TO A SAFER INTERNET","authors":"N. Hale","doi":"10.58948/2331-3528.2030","DOIUrl":"https://doi.org/10.58948/2331-3528.2030","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45991875","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}