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Following the 2007-2009 financial crisis, governments around the world passed laws that marked the beginning of new period of enhanced regulation of the financial industry. These laws called for a myriad of new regulations, which in the U.S. are created through the so-called notice-and-comment process. Through examining the text documents generated through this process, we study the formation of regulations to gain insight into how new regulatory regimes are implemented following major laws like the landmark Dodd-Frank Wall Street Reform and Consumer Protection Act. Due to the variety of constituent preferences and political pressures, we find evidence that the government implements rules strategically to extend the regulatory boundary by first pursuing procedural rules that establish how economic activities will be regulated, followed by specifying who is subject to the procedural requirements. Our findings together with the unique nature of the Dodd-Frank Act translate to a number of stylized facts that should guide development of formal models of the rule-making process. [ABSTRACT FROM AUTHOR]

In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, 'Farewell to Unjustified Enrichment' (2016) 20 EdinLR 123). The author takes the view that Jansen's paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider. [ABSTRACT FROM AUTHOR]

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In John Rawls's theory, the role of the principles of justice is to regulate the basic structure of society--its major social, political and economic institutions-- and to specify the fair terms of cooperation for free and equal persons. Some have interpreted Rawls as excluding contract law, and perhaps the private law as a whole, from the basic structure. However, this interpretation of Rawls is untenable, given the motivations for his emphasis on the basic structure and the highly inclusive characterisations he gives of it. Yet if he includes private law within the basic structure, he seems committed to holding that its design and operations should be regulated by his two principles of justice, which govern the distribution of basic liberties, economic resources and opportunities. This would leave it unclear whether there was any room for values other than distributive values to inform the design of private law. Leaving no role for other values might be unproblematic if distributive justice were a master normative category with equal regulative authority over all basic social institutions. But we should not assume that this 'distributivist paradigm' gives the best interpretation either of private law or of the fair terms of cooperation for a society of free and equal people. We need to think further about how non-distributive values may inform the principles of justice that regulate the institutional structure of society. And we need to ask how much of law, whether public or private, is regulated solely by principles of justice that focus on the distribution of basic liberties, economic resources and opportunities. [ABSTRACT FROM AUTHOR]

nesthesiology residents in the United States (US) not only must develop the clinical skills needed to provide independent patient care, but also are required to become familiar with the business aspects of the modern health care system. Unfortunately, practice management education may be inadequate during anesthesiology residency training. The authors describe the design and implementation of a weekend retreat curriculum in business-of-medicine education for anesthesiology residents. Experts were recruited to discuss interviewing skills, contract law and negotiation, billing and reimbursement, insurance, malpractice, and financial planning. A strict lecture didactic format was avoided, and presentations were designed to encourage speaker-audience interaction. The program was relatively simple to design and implement, satisfied several Accreditation Council of Graduate Medical Education core competencies for US anesthesiology education, may be altered as practice management evolves, and may be adapted to accommodate the needs of programs in other countries. [ABSTRACT FROM AUTHOR]

A review of U.S. case law finds that the web-based approach used by most hotel companies to alert customers to the terms and conditions for making an inter- net reservation might not hold up in the event of a lawsuit. Most courts will enforce a so-called click wrap covenant when an individual makes a reservation or purchase on the company website. In the click wrap procedure, a reservation cannot be completed until the customer clicks the ‘agree’ button to the terms and conditions of sale. However, most hotel websites use a slightly different approach, known as ‘browse wrap,’ in which the terms and conditions are available on the site but the reservation can be completed without the customer's express assent. The terms and conditions usually dictate the controlling legal jurisdiction or mandate arbitration for disagreements, and thus it is in the hotel company's interest to demonstrate that would-be guests have read and definitively agreed to those terms and conditions. [ABSTRACT FROM AUTHOR]

In the USA, electronic signatures recently became as legally binding as printed signatures. But the legislation that made electronic signatures legal did nothing to specify how they should be implemented, or what precautions must be taken to ensure the security and validity of the signature process. This paper first reviews the status of electronic signatures in the USA, and compares it to work done by the United Nations. Next, the technology that can be used to implement electronic signatures is summarized. The paper concludes with a discussion of problems and open issues surrounding the use of electronic signatures. [ABSTRACT FROM AUTHOR]

One of the ways dental education is changing the way it is preparing the next generation of learners is through efficient utilization of interactive social media. Social media, which facilitates interaction and sharing of new ideas, is being utilized to educate students, residents, and faculty. Unfortunately, as with most improvements in technology, there are growing pains. Faculty, student, and patient interaction on social media platforms, such as Facebook and Twitter, can lead to inappropriate or embarrassing situations. Striking the appropriate balance between free speech rights of students and faculty and the need for colleges and universities to have efficient operations is often left to the judicial system. The concepts of free speech and contract law and how each is applied in educational settings should be understood by students, faculty, and administrators. This article provides a review of legal cases that led to current social media policies, as well as present-day cases that exemplify the application of these principles, to help dental educators gain a greater understanding of the boundaries of protected speech. It also provides a set of sample guidelines for communicating through these media.