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The article offers several court cases related to criminal law, focusing on issues involving implied consent, criminal sexual conduct, and the 4th Amendment. Topics include the determination of prescription drug defenses in DUI cases, the broad interpretation of "sexual contact" in criminal sexual conduct cases, and the constitutional requirement for a search warrant to obtain DNA evidence in criminal investigations.

The article discusses the opinion issued by the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility on the use of the carbon copy (CC) function on email and other electronic communication platforms. It explored the reason why lawyers should not include their client in the recipient list of their email to opposing counsel, the implied consent involved in using the CC function, and the Model Rule of Professional Conduct referenced in the opinion.

Reasonableness is the touchstone of the Fourth Amendment; a search is per se unreasonable absent a warrant, but if the state has garnered consent from an individual, the subsequent search is deemed reasonable and not to have violated the Fourth Amendment. Because consent is a powerful exception, governments looking to establish valid search schemes are attempting to garner consent, specifically implied consent, by notifying individuals that specific actions will serve as consent to search. Such attempts are not rare. This Comment focuses on three examples: the Denver Police Department's use of signs notifying individuals in particular areas that their biometric data is being gathered, the City of Bristol's street signs notifying individuals that parking in public spots serves as consent to search their vehicles for parking enforcement purposes, and, most famously, implied consent laws claiming that the issuance of a driver's license serves as consent to a breathalyzer test. These examples all illustrate government attempts to use notice to effectuate implied consent to search. This Comment argues that this approach to garnering implied consent to search is largely dishonest, despite the ubiquity of such laws in American society. The vast majority of attempts to use this approach do not comport with any definition of consent, especially not implied consent. Further, the Fourth Amendment's consent exception requires a number of elements be met before consent can be satisfied. However, turning to the pervasively regulated industries exception for inspiration, this Comment proposes a four-element dispositive test to determine when notice can effectuate implied consent to search: tradition of search, consistency of search, revocability of consent, and most importantly, furthering of public safety. [ABSTRACT FROM AUTHOR]

The Judgments Convention establishes a list of jurisdictional filters, at least one of which must be satisfied for the judgment to circulate. One of those is the implied consent or submission of the defendant to the jurisdiction of the court of origin. While submission is a common jurisdictional basis in international litigation, its definition and treatment vary significantly across states, whether to establish the jurisdiction of the court of origin or as a jurisdictional filter at the enforcement stage in the requested court. This diversity is most evident with respect to the mechanics and consequences of objecting to jurisdiction to avoid submission. The Judgments Convention adopts a variation on an existing approach, arguably the least complex one, in pursuit of its goal to provide predictability for parties involved in cross-border litigation. This contribution canvasses the various approaches to submission in national law with a view to highlighting the points of convergence and divergence and revealing significant complexities associated with some approaches. It then examines how the text in the Convention came to be adopted and whether it is likely to achieve its purpose. [ABSTRACT FROM AUTHOR]

Recent scholarship in business ethics has revealed the importance of privacy expectations as they relate to implicit privacy norms and the business practices that may violate these expectations. Yet, it is unclear how and when businesses may violate these expectations, factors that form or influence privacy expectations, or whether or not expectations have in fact been violated by company actions. This article reports the findings of three studies exploring how and when the corporate dissemination of consumer data violates privacy expectations. The results indicate that consumer sentiment is more negative following intentional releases of sensitive consumer data, but the effect of data dissemination is more complex than that of company intentionality and data sensitivity alone. Companies can effectively set, and re-affirm, privacy expectations via consent procedures preceding and succeeding data dissemination notifications. Although implied consent has become more widely used in practice, we show how explicit consent outperforms implied consent in these regards. Importantly, this research provides process evidence that identifies perceived violation of privacy expectations as the underlying mechanism to explain the deleterious effects, on consumer sentiment, when company actions are misaligned with consumers' privacy expectations. Ethical implications for companies collecting and disseminating consumer information are offered. [ABSTRACT FROM AUTHOR]

The article focuses on the U.S. court case related to criminal law. Topics discussed include State v. Branch on pleading guilty to drive-by shooting at an occupied vehicle and second-degree assault of a victim outside the vehicle for sentencing; State v. Leonard on hotel registry is a search that must be supported by a reasonable, articulable suspicion of criminal activity for search and seizure and McCormick v. Comm'r of Pub. Safety on implied consent for judicial review.

This article proposes a specific logic of dynamics for integrative social contracts theory (ISCT) that combines two empirically oriented process extensions strengthening concreteness of Donaldson and Dunfee’s conceptualization, namely (1) international policy regime theory and (2) Tiebout migration. While either would help “dynamize” and “concretize” ISCT, the two combined are even more insightful. Real-world policy regime processes can develop concrete action-guiding norms instantiating hypernorms to guide business decisions. Donaldson and Dunfee placed empirical reliance on expectation of converging parallel evolution of universal principles and authentic local values. ISCT remains vague on how global or local norms can develop and change, for two reasons. First, ISCT does not explain mechanisms for how proposed hypernorms can become actual global norms and also become accepted across extant authentic communities. International policy regime theory explains how hypernorms can become instantiated as global norms expressed in policy regimes. Second, a basic element in ISCT is implied consent positing free exit from voluntary moral communities. Empirically, individuals or businesses may be unable to exit from undesired membership in authentic communities to which they do not consent. The Tiebout migration model provides valuable insights concerning how substantive mobility or its absence improves on the minimum ISCT assumption of implied consent. An integrated logic of ISCT dynamics generates a three-level framework in which instantiated hypernorms and authentic community (microsocial) norms can empirically change, and individuals or businesses can migrate more freely across extant communities. [ABSTRACT FROM AUTHOR]

The article focuses on the decision of the U.S. Supreme Court in the case Daimler AG v. Bauman regarding the court's possession of personal jurisdiction over a foreign defendant. Topics discussed include several U.S. Supreme Court cases such as International Shoe v. State of Washington, World-Wide Volkswagen Corp. v. Woodson and Burger King Corp. v. Rudzewicz, express or implied consent to the personal jurisdiction of the court and personal jurisdiction flows from the Due Process Clause.

I problematise my own concept of children's voices in research by reflecting on certain practices in a study that I conducted in a kindergarten classroom in a city in Saudi Arabia. I examine the cultural and social contexts of my research by drawing on my experience of obtaining children's assent or dissent, my assumptions regarding the possibility of reducing power differentials, and finally, my understanding of the ways children voice their feelings and views. I conclude that voices manifest themselves in multiple ways that extend beyond visual or verbal media. Voices are constructed socially and are shaped culturally to reflect norms regarding how individuals should express their views and feelings within a particular setting and time. [ABSTRACT FROM AUTHOR]

The article discusses the history of Minnesota's implied consent law in relation to legal protections for domestic abuse victims, the Minnesota Supreme Court case Axelberg v. Commissioner of Public Safety which deals with the authority to revoke revoke an automobile driver's license and the affirmative defense of necessity, and potentially rigid interpretations of Minnesota law. Due process rights and a legal right to counsel are examined, along with legislative intent and judicial review.

The article discusses drunk driving laws and the Minnesota Supreme Court's ruling in the 2013 case State v. Brooks which deals with the constitutionality of Minnesota's implied consent statute and a dispute over whether defendant Wesley Eugene Brooks voluntarily consented to a chemical test to measure his blood alcohol content (BAC). Police power and public policy are mentioned, along with the claim that automobile driving is a privilege. The legal rights of motor vehicle drivers are examined.

Arguments in favor of religious sovereignty often emphasize the benefits of autonomy for religious institutions while ignoring the civil rights of individuals who belong to or work for those institutions. To justify intrusions on individual civil rights, proponents of strong religious autonomy generally rely on the concept of implied consent. According to this rationale, individuals willingly give up the protection of civil rights laws when they voluntarily join religious organizations. This Essay responds to one scholar's account of the consent rationale as undergirding the Supreme Court's recognition of the ministerial exception: Christopher Lund's excellent article, Free Exercise Reconceived: The Logic and Limits of Hosanna-Tabor. Although Lund skillfully sketches out a comprehensive framework for understanding when and to what extent government can regulate religious entities through civil law, the consent rationale itself is profoundly troubling. First, church members may face practical difficulties in exiting their religious affiliation, such as substantial pressures not to withdraw, and severe but informal sanctions if they do. Second, the view of religion as voluntaristic is a distinctly Protestant, not universal, understanding of religious faith. Finally, even if they consent to join and remain in a religious community, members may not have notice of the doctrines to which they have supposedly consented because the church's stance may be unclear or changing. As a result, it is not always easy to identify who is the dissenter in a religious organization and who speaks for the church. Thus, if religious autonomy's intrusion on individual rights is to be justified, it must be on grounds other than consent. [ABSTRACT FROM AUTHOR]

Social networking has increasingly become the most common venue of selfexpression in the digital era. Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data ( "screening") of applicants, employees, or former employees. This Article addresses whether this casual business routine harms employees' rights to privacy with regard to data that users post on social networks, what the drawbacks of this routine may be, and why and how privacy rights should be protected to secure private zones within the virtual sphere. The Article suggests that a privacy right exists within the context of employment, even in data posted openly on social networking sites. Antidiscrimination laws, the misleading nature of social networks' privacy policies, cognitive biases, unequal bargaining power, the lack of a right to be forgotten, lost control over data posted by third parties, and psychological reasoning all justify a reconsideration of the current regime. The Article further claims that securing a "private zone" for U.S. employees, a concept adopted by several other legal regimes, is justified by a bundle of psychological theories that can be concisely described as the "balloon theory" (or the "magnet field theory"), which encompasses the importance of a private sphere that constantly and permanently surrounds one's persona wherever one goes-- including within the public domain and digital spheres. In this Article, I call for a re-thinking of the current U.S. regime based on tort law (expectation test) and contract law (implied consent based on firm s' policies) because the current regime costs applicants and employees a near-total loss of privacy in their virtual postings. This Article not only argues for a more balanced approach to employees' privacy but also suggests a new desirable model for policymakers to adopt. I propose this challenge be addressed by the adoption of new legal tools. Implementing the Least Invasive Means-- a proportionality standard that obeys antidiscrimination laws, maintains transparency, and ensures informed consent and a right to be heard-- would lead to a better and more balanced approach to privacy in the workplace. I also contend that this model may be implemented to protect privacy rights in data posted on social networks beyond the context of employment. [ABSTRACT FROM AUTHOR]

The article discusses irrevocable implied consent in relation to America's probable cause legal doctrine and searches under the Fourth Amendment to the U.S. Constitution as of June 2014. The U.S. Court of Appeals for the Ninth Circuit's ruling in the case Morgan v. United States, which deals with civilian air traffic controller Greg Morgan's refusal to consent to a search at the gates of Edwards Air Force Base in California, is examined. Consent search jurisprudence is also assessed.

The article focuses on the U.S. Supreme Court case Missouri v. McNeely, which overrules Idaho's implied consent law regarding warrantless blood draws in cases of suspected drunk or drugged driving. Topics include Idaho's exigent circumstances law, implied consent, and the Fourth amendment rights against unlawful searches and seizures.

The article discusses the court case People v. Perez filed in the Supreme Court of New York in Kings County, New York regarding expansion of scope of implied consent through fifth amendment. Topics discussed include defendant Hector Perez charged with criminal possession of weapons in the second degree, consent taken from Elsa Diaz, girlfriend of Perez, by police officers to search her apartment and argument by defendant that Diaz's consent was not given with requisite degree of voluntariness.

The article discusses the use of state long-arm statutes to retroactively prosecute nonresidents. Topics mentioned include the due process clause in American state law, how such interpretations have been received by state legislatures, and the use of the idea of implied consent to apply state laws to nonresidents.

The article discusses a "religious employer" exception to a "contraception mandate" which is reportedly included in the U.S. Patient Protection and Affordable Care Act (PPACA) as of April 2013, focusing on churches, implied consent, and the First Amendment to the U.S. Constitution. According to the article, employers are required to provide employees with health insurance coverage which covers the costs of contraceptives. The U.S. Religious Freedom Restoration Act is examined.

The article offers information on the challenges related to the treatment of unrepresented patient, a patient for whom no one cares about his life or death. Topics discussed include doctrine of implied consent, medical decisions for unrepresented patients in the states of the U.S., health protection of patients, the U.S. health law, and American Geriatrics Society (AGS).

The article focuses on the driving-under-the-influence (DUI) law and determines the status of implied consent in Oregon. It examines the current trends prevailing in the Oregon. It also compares various divergent approaches of DUI law in Oregon with other states. It states that the Oregon Supreme Court chose the third approach out of three approaches after analyzing the real life examples.

The article focuses on cosmetic surgery as satire and adolescent decision making. Topics include the ethical issues surrounding cosmetic surgery, a minors' capacity to make permanent medical decisions, and feminist scholarship. Information is provided on agency, consent, and unjust appearance standards.

The article discusses regulations relating to informed consent and examines the extent of implementation of such laws in India. It explores the origin and development of informed consent in the country and discusses its definition. It also mentions the human rights and other international aspect of informed consent and the Indian regulations and policies of the approach.

Legislation to establish the Military Court of Australia lapsed when the Commonwealth Parliament was prorogued ahead of the 2013 Australian federal election. Like the legislation that created the Australian Military Court (which the High Court declared unconstitutional in 2009), it purported to allow for court sittings on foreign soil. Before sitting in another country, however, the Military Court of Australia would need to have regard to 'the international legal basis' for its own presence there. This article examines the circumstances in which the proposed Court's power to sit in another country would be exercised in accordance with international law. It argues that an overseas sitting of the Military Court of Australia would be, as a matter of public international law, fundamentally different to an overseas hearing before any of the current mechanisms of Australian military justice. The article concludes that the Military Court of Australia would only have a sound 'international legal basis' for sitting in another country if it had express or implied consent to do so, or if Australia was engaged in a military occupation of the territory on which it sat. [ABSTRACT FROM AUTHOR]

The article discusses recent decisions by Minnesota courts in cases dealing with criminal law as of December 2013. Topics mentioned include implied consent in misdemeanor cases, waiver of appeal due to failure to appear in court, and the death of a criminal defendant while his or her appeal was still pending.

In this article, the author focuses on the importance of consent for anaesthesia for children in South Africa. She informs that a child may consent to the performance of a surgical operation or to his or her own medical treatment under the Children's Act of 2005 and the act also states that high court or children's court can consent to the medical treatment. She mentions forms of consent including implied consent, express consent and reviewing consent.

The article discusses a criminal case before the Bundesgerichtshof (Federal Court of Justice, BGH) of Germany, decided on February 20, 2013, which revolved around the definition of grievous bodily harm in the context of gang violence. Issues addressed included whether fights between gang members could be interpreted as implied consent, whether such an assent to violence against the own person is an unconscionable contract, and whether the severity of injuries incurred affect the determination of these issues.