627 research outputs found

    Morrison v. National Australia Bank and the Future of Extraterritorial Application of the U.S. Securities Laws

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    Competing Liabilities: Responding to Evidence of Child Abuse that Surface During the Attorney-Client Relationship

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    Kevin Adams, a practicing attorney in Maine, represents John Brown in a dispute with Brown\u27s landlord. Brown is facing eviction as a result of his inability to pay the rent. Over the course of the representation, Adams has come to believe that Brown is abusing his son. Brown--who is working two jobs but still cannot pay his rent--has told Adams of the incredible pressure he is facing. Brown has admitted that the pressure is getting to him and that he feels bad that he has been “taking it out on the kid.” Brown also told Adams that he had been attending anger management meetings, but that he no longer had time to participate. Adams has met Brown\u27s son on two occasions. At the first meeting, Brown\u27s son had a black eye and at the second meeting, Adams could see that Brown\u27s son had bruises all over his arm. The last time Adams met with Brown, Brown mentioned that he had spent the previous evening in the emergency room of the hospital because his son had broken his arm. What should Adams do in this situation? And, is that different from what Adams can do? Could a failure to report suspected abuse expose Adams to future civil liability for the child\u27s injuries under the theory of “failure to warn?” On the other hand, is Adams\u27s ability to report this suspected abuse constrained by professional ethical rules that protect information gained in the course of representation? Could disclosure of such information actually subject Adams to disciplinary action from the Board of Bar Overseers? To answer these questions, an attorney must consider and evaluate his or her obligations under tort law, ethical rules, and legislative enactments. This Article will consider these competing “liabilities” and will argue that an attorney in Maine has the discretion to report child abuse without violating her ethical or legal obligations. Although this Article calls for a policy of “permissive reporting,” it concludes that any attempt to mandate reporting would be a misguided attempt to protect children. A discussion of an attorney\u27s legal and ethical relationship to the reporting of child abuse is impossible without first considering the nature of the crime of chil

    Bilingual Practices in Speech-Language Pathology in Nebraska Schools

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    The United States is home to a population that is nearly 20% bilingual. A statistic such as this almost guarantees that speech-language pathologists (SLPs) will work with someone from this bilingual population at some point during their career. Many factors contribute to how children learn language, and there are added complexities in the acquisition of multiple languages which can complicate the job of a clinician. Silent periods, codeswitching, transfer, and other bilingual language phenomena make diagnosing speech and language disorders difficult. The American Speech-Language-Hearing Association (ASHA) provides guidelines and a code of ethics to be followed to ensure best practice. Clients must be assessed in both of their languages, and different acquisition and phonological patterns need to be analyzed to provide an accurate diagnosis. A survey was created to discover Nebraska school-based SLPs practice patterns with bilingual clients. This survey requested demographic information, bilingual status, familiarity with suggested guidelines, and practice patterns. This descriptive study provided inconclusive results due to insignificant survey response rates

    Transnational Securities Fraud and the Extraterritorial Application of U.S. Securities Laws: Challenges and Opportunities

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    With globalization, securities markets have become increasingly interconnected, and securities fraud has frequently crossed borders, creating problems for national regulators seeking to deter and punish fraud. The United States’ well-developed private enforcement mechanism for securities fraud is very attractive to investors around the world who are harmed by transnational securities fraud, particularly those from countries where private enforcement mechanisms do not exist or fraud is under-regulated. The application of U.S. securities law to foreign investors, however, presents a number of challenges, creating the potential for both under and overregulation as well as possible conflict with the regulatory systems of other jurisdictions. This Article outlines the current law on extraterritorial application of the securities antifraud rules, including a number of important recent developments in the case law. It examines the challenges presented by the increasing globalization of financial markets, and provides a fresh perspective in the debate on the proper scope of the extraterritorial application of U.S. securities law. Ultimately, this article argues against further judicial limitations on the extraterritorial application of the securities laws, but urges the development of a multilateral agreement to address the numerous and significant challenges presented by transnational securities fraud

    A Needling Problem

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    Hypodermic needles are common tools of our livestock farm. Cellophane-wrapped packages of shiny new needles are stored in the basement pantry. Freshly washed and disinfected needles lay beside the kitchen sink. Ditty, broken, discarded needles litter the pickup dash. Despite early and constant exposure to needles, I always approach them with caution. They are a little bit like bull snakes. I\u27m not terrified of them, but I respect them. My life is scarred with a sticky experience my father and I endured when I was a child. Ever since then, I\u27ve been wary of needles

    Feasibility of Developing Exposure Estimates for Use in Epidemiological Studies of Radioactive Emissions from the Santa Susana Field Laboratory

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    This report provides exposure estimates to assist epidemiologists in deciding on the effectiveness of studies of radiation-induced disease around the Santa Susana Field Laboratory (SSFL). Developing such estimates was a difficult challenge, because the site is extremely complex from the meteorological perspective, there is limited information available about releases of radioactivity in the 1950s and 60s, and some meteorological data is withheld by the plant owner. As a result, the estimates in this report are limited to scoping calculations that carry a wide range of uncertainty, complicating their use for estimation of statistical power. Nevertheless, they represent the current state of knowledge about the accident and its consequences, as reflected in the opinion of experts who have analyzed the event. This research was completed money allocated during Round 2 of the Citizens’ Monitoring and Technical Assessment Fund (MTA Fund). Clark University was named conservator of these works. If you have any questions or concerns please contact us at [email protected]://commons.clarku.edu/ssfl/1002/thumbnail.jp

    Alien Registration- Beyea, James A. (Easton, Aroostook County)

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    https://digitalmaine.com/alien_docs/26591/thumbnail.jp

    Alien Registration- Beyea, Ethel G. (Easton, Aroostook County)

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    https://digitalmaine.com/alien_docs/26590/thumbnail.jp
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