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Articles by Kelly B. Cullen
MEASURE PUBLISHING ACQUIRES MEDICAL LIABILITY MONITOR
MEASURE PUBLISHING ACQUIRES MEDICAL LIABILITY MONITOR Long-standing publication to continue expansion under editor Mike Matray and insurance publisher’s team MT.
Citizens Fight an Old Source of Nonsense and Bias: NYT on the Aaron Rodgers Controversy
This article is typical of the underhanded, agenda-driven nonsense we get from mainstream outlets. First, it is important to note that the article is headlined: “Scientists Fight a New Source of Vaccine Misinformation: Aaron Rodgers.” Given the title, it is somewhat surprising when discussion of what Rodgers actually said does not appear until paragraph 10. Here’s the meat of it: Rodgers fueled the controversy further by trying to distance himself from conspiracy theorists.
No Safe Harbor: Congress Threatens Free Speech Online
JURIST Guest Columnists Christina Pesavento and Ashley Baker, of the Committee for Justice: Thanks to a sex trafficking bill, the Internet’s days as the bullhorn of democracy may be limited… In Reno v. American Civil Liberties Union (1997), Justice John Paul Stevens extolled the virtues of the Internet as a medium for speech.
Nuclear Avoidance in the Middle East: Background (Part I)
JURIST Guest Columnist Louis René Beres, Professor Emeritus of International Law at Purdue, examines the international legal and strategic framework for nuclear war avoidance in the Middle East, in Part I of a two part series . . .
Nuclear Avoidance in the Middle East: International Law and Deterrence (Part II)
JURIST Guest Columnist Louis René Beres, Professor Emeritus of International Law at Purdue, examines the international legal and strategic framework for nuclear war avoidance in the Middle East, in Part II of a two part series . . . Contrary to conventional wisdom, both nuclear deterrence and associated forms of nuclear strategy, including preemption, can support the authoritative expectations of international law.
Lake Erie Bill of Rights: Legally Flawed But Nonetheless Important
JURIST Guest Columnist Kenneth Kilbert, the director of the Legal Institute of the Great Lakes discusses the legal and political implications of the Lake Erie Bill of Rights . . . Toledo, Ohio residents last month overwhelmingly voted in favor of the innovative Lake Erie Bill of Rights (LEBOR), an amendment to the city charter which declares Lake Erie has enforceable legal rights.
The Black Box of Bail Algorithms: One Sensible Solution
JURIST Guest Columnist Jeff Clayton, Policy Director of the American Bail Coalition discusses a recent Idaho bill proposal that seeks to reform the use of risk assessment algorithms in bail hearings. . . Much needed legislation, which reins-in use of algorithms to determine who stays in jail pending trial and who gets out, recently passed in the Idaho legislature.
Take Care That the Laws be faithfully Executed - A Manufactured National Emergency
JURIST Guest Columnist David M. Crane, the founding chief prosecutor of the international war crime tribunal called the Special Court for Sierra Leone, discusses the constitutionality of a Trump declared national emergency... The President only has two enumerated constitutional duties, to be the Chief Executive of the Executive Branch and be Commander in Chief of the Armed forces during time of war. That is it.
Lessons from ‘Michael Cohen v. United States’: Criminal Defendants Should Not Be at the Mercy of Technology for Privilege Review
Analysis While Technology Assisted Review is a common and beneficial tool in civil litigations, it is improper and potentially unconstitutional as the sole arbiter for privilege review in criminal cases, particularly if required by courts. deepadesigns/Shutterstock.com Michael Cohen’s months-long legal battle captivated the public. With hush money payments to strippers and the National Enquirer as well as presidential tweet storms, it’s no surprise Cohen’s Dec.
Looking to the New Year: Nationalism, Patriotism and World Law
JURIST Guest Columnist Louis René Beres of Purdue University discusses the current nationalist moment in global politics and looks towards the future of the international legal order. . . “What does not benefit the entire hive is no benefit to the bee.” Marcus Aurelius, Meditations Back at the World War I Armistice Day ceremonies in France in 2018, Emmanuel Macron ventured a well-reasoned condemnation of Donald Trump’s belligerent nationalism.
Judicial Invalidation of the Affordable Care Act
JURIST Guest Columnist, James G. Hodge, Jr. of the Center for Public Health Law and Policy, Sandra Day O'Connor College of Law, Arizona State University, examines the recent court decision, Texas v. United States, invalidating the Affordable Care Act...
Ireland’s Vote to Remove Blasphemy from its Constitution and the Case of Asia Bibi
JURIST Guest Columnist Pearl Goldman, of NOVA Southeastern University, discusses the international implications of the Irish decision to remove blasphemy from their constitution. . .
Trump's Defense of Saudi Arabia After Khashoggi Murder Violates Law and Justice
JURIST Guest Columnist Louis René Beres of Purdue University comments on the Trump Administration's embrace of Saudi Arabia in the wake of the Khashoggi murder... It’s not just about the 2012 Magnitsky Act. President Donald Trump’s recent affirmation of support for Saudi Arabia–even with incontrovertible evidence of Saudi criminality in the Jamal Khashoggi murder–reflects willful indifference to much wider sources of pertinent law.
Three Men and a Body: Media in the Age of the Strongman
JURIST Guest Columnist David M.
The Opioid Crisis Response Act: Looking Ahead, Ignoring the Present
JURIST Guest Columnists, James G. Hodge, Jr., Chelsea Gulinson, and Drew Hensley of the Center for Public Health Law and Policy, Sandra Day O'Connor College of Law, Arizona State University, examine the pros and cons of the current version of the Opioid Crisis Response Act of 2018... On September 17, 2018, the U.S. Senate voted overwhelmingly (99-1) in support of the Opioid Crisis Response Act (OCRA) of 2018.
The House We Built: How the United States Walked Away from Decades of Accountability
JURIST Guest Columnist David M. Crane, the founding chief prosecutor of the international war crime tribunal called the Special Court for Sierra Leone, discusses America's decreasing role in maintaining the international order and the Trump Administration's recent attacks on the International Criminal Court… As the world turns inward, nationalistic perspectives are on the rise. It feels like 1930, where the international order laid out in the Versailles Treaty, was about to be turned upside down.
Statutory Caps and Recent Judicial Intervention May Bring Sky High Verdicts Back to the Ground
In some personal injury cases, juries award considerable sums for compensation. This often occurs when the plaintiff suffers serious and painful injuries, and the jury decides to award a significant amount of non-economic injuries. If the defendant’s actions are deemed egregious or malicious, the jury may also award a large amount of punitive damages. Yet the juries’ monetary decisions do not always stand. Juries cannot always give any amount of compensation they want.
Immigrants Need Not Apply
JURIST Guest Columnist Curtis FJ Doebbler of the University of Makeni and attorney for RAICES discusses the cumulative effect of the Trump administration's immigration restrictionist policies... Despite the fact congress seems uncomfortable with funding President Trump’s wall on the southern border, the administration has constructed a legal wall against asylum seekers.
DNA Software in the Courts and the Future
JURIST Guest Columnist John Buckleton of New Zealand’s Institute of Environmental Science and Research, discusses the future of DNA software in the courtroom… As anyone who has ever watched CSI can tell you, DNA is well established as the gold standard when it comes to crime solving.
Masterpiece Wedding Cakes: The Context-Dependence of Meaning
JURIST Guest Columnist Jeff Shafer of Alliance Defending Freedom, discusses expression’s reliance on context in light of Masterpiece Cakeshop … Two perpendicular lines: a cross. A church architectural committee asks a sculptor to design one for placement atop the steeple over its new sanctuary. Delighted, he agrees. The KKK admires the craftsmanship provided the church and asks the sculptor for the same design for use during its march in Skokie. Revolted, he declines.
Kennedy: A Flexible Jurisprudence
JURIST Guest Columnist Dave Rodkey, a recent graduate of Pittsburgh School of Law, discusses Justice Kennedy's willingness to go beyond text despite his conservative leanings . . . Justice Kennedy’s retirement announcement yesterday rightfully set off shock waves across the country.
Beaten by Social Media: Certainty and Social Media Evidence
JURIST Guest Columnist Jared Staver of Staver Law Group, discusses changes in the admissibility of social media evidence in personal injury cases... In a recent opinion on March 15, 2018, the Pennsylvania Superior Court issued a statement about the use of social media evidence in court cases. The relevant case, , was a criminal case; however, the implications can be applied to civil cases related to personal injury as well.
The Stain of Torture
JURIST Guest Columnist David M. Crane former Chief Prosecutor of the Special Court for Sierra Leone, discusses the United States' moral failure of leadership on the issue of torture on the United Nations' International Day in Support of Victims of Torture . . . June 26th is the United Nations’ International Day in Support of Victims of Torture. Its purpose — to denounce the crime of torture and proclaim solidarity with its survivors — is in stark opposition to the policy of my government.
Temptation to Compromise
The latest victim in the war against the rule of law and the supremacy of God are Christian faith-based Canadian universities whose graduates require professional licensing by an administrative agent of the government. To understand the significance of the 2018 Trinity Western University (TWU) Supreme Court law society decisions, British Columbia and Ontario, the context must be understood. Canada was once a Christian nation.
The Stain of Torture
June 26th is the United Nations' International Day in Support of Victims of Torture. Its purpose -- to denounce the crime of torture and proclaim solidarity with its survivors -- is in stark opposition to the policy of my government. As a former Chief Prosecutor of an international war crimes tribunal in West Africa, I walked the countryside, interviewing hundreds of victims -- often people who had been tortured by their own government.
Beaten by Social Media: Certainty and Social Media Evidence
In a recent opinion on March 15, 2018, the Pennsylvania Superior Court issued a statement about the use of social media evidence in court cases. The relevant case, , was a criminal case; however, the implications can be applied to civil cases related to personal injury as well. In fact, many courts and state legislatures are addressing the use of social media evidence in court. On a typical day, the average person might not consider their Facebook, Instagram, or Twitter privacy settings.
Unexplored Connections: The Crimes of Saddam Hussein and Israeli-Palestinian Relations
hether formally codified or merely personal, memory must always lie at the heart of justice. Today, however, almost no one remembers the myriad threats and actual missile attacks once launched at Israel from Iraq. Indeed, virtually no one even remembers Saddam Hussein, or has any recollection of the Iraqi dictator's subsequent trial and punishment.
Aid-in-Dying is Health Care
California was the 5th state to explicitly permit mentally competent terminally ill patients to obtain a prescription from their physician for medication the patient may ingest to achieve a peaceful death, a medical practice known as aid in dying. This option appeals to some patients who find themselves trapped in a protracted dying process, where the cumulative burden of suffering causes them to prefer a swift death instead of enduring yet more suffering before death arrives.
Sleeping Soundly-Even on Wheels
The federal Armed Career Criminal Act (ACCA) provides, among other things, that felons who are found in possession of a weapon will receive enhanced punishment if the felon has previously been convicted of burglary, arson, or extortion. The punishment for the offense of being a felon-in-possession is punishable by up to ten years' incarceration, but if the defendant was previously convicted of one of the three identified offenses, the range of punishment is fifteen years to life.
Facebook in the Spotlight: Dataism vs. Privacy
Are our institutions up to the challenge of protecting users from information-age problems? This is the high-level question emerging from the Facebook-Cambridge Analytica debate. While on one hand Facebook and similarly-situated companies will pay some regulatory price, our public institutions are also in the crosshairs. In the U.S., the much-praised and admired Federal Trade Commission ("FTC") approach is suffering a crisis of legitimacy.
Facebook in the Spotlight: Dataism vs. Privacy
JURIST Guest Columnist Chris Hoofnagle of Berkeley Law, discusses the policing of Facebook’s privacy policies and FTC enforcement … The Challenge of Policing Facebook Are our institutions up to the challenge of protecting users from information-age problems? This is the high-level question emerging from the Facebook-Cambridge Analytica debate. While on one hand Facebook and similarly-situated companies will pay some regulatory price, our public institutions are also in the crosshairs.
Donald Trump, Syria and the Prevention of Genocide
President Donald Trump recently announced his intention to get out of Syria, "very soon." The president's stated intention here could soon run starkly counter to this country's urgent obligations under binding international law. Moreover, because these important obligations have already been "incorporated" into the law of the United States (see especially Article VI of the US Constitution; and two prominent cases from the US Supreme Court: Paquete Habana, 1900; and Tel Oren v.
DNA Software in the Courts and the Future
As anyone who has ever watched CSI can tell you, DNA is well established as the gold standard when it comes to crime solving. Linking the tiniest shreds of DNA evidence together, forensic investigators are able to provide indisputable proof that ties bad guys to the crime or frees the good guys who were in the wrong place at the wrong time—all within an hour so that the CSI team can get ready for next week’s episode. If only real life was that easy.
Defending the Jury After <span class=
Speaking in my personal capacity as a lawyer who acted both as a prosecutor and as defence counsel, I am appalled at the brazen irresponsible conduct of those in positions of power and authority who are apparently shamelessly exploiting the verdict in the Stanley case to possibly further political agendas.
Defending the Jury After <span class=
Speaking in my personal capacity as a lawyer who acted both as a prosecutor and as defence counsel, I am appalled at the brazen irresponsible conduct of those in positions of power and authority who are apparently shamelessly exploiting the verdict in the Stanley case to possibly further political agendas.
Trade Secrets (Part 2): The Defend Trade Secrets Act of 2016
Signed into law on May 11, 2016, the Defend Trade Secrets Act of 2016 ("DTSA") creates a new federal private right of civil action for trade secrets misappropriation. Section 2 of the DTSA states unequivocally that "[a]n owner of a trade secret that is misappropriated may bring a civil action." One of the most significant provisions of the DTSA is the ex parte seizure provision.
Tumult and Innovation in Trade Secrets
Introduction 2018 is already proving to be a busy year for trade secret owners, for attorneys that prosecute trade secrets misappropriation cases and for the judges who have to interpret and apply relevant laws. On January 24, 2018, a Wisconsin court convicted Chinese wind turbine maker Sinovel Wind Group Co. (Sinovel) of stealing trade secrets from U.S. company American Superconductor Corp. (AMSC).
"Sports Medicine" in the Wake of Sexual Abuse
Sexual abuse of young athletes has been a persistent problem in Olympic and amateur sports. Most recently, hundreds of allegations surfaced against Dr. Larry Nassar, a team physician for Michigan State University and USA Gymnastics, the national governing body (NGB) for the sport. Victims claim that USA Gymnastics and Michigan State did not do enough to address numerous reports that Nassar's purported medical treatment was in fact sexual assault.
Federal court rejects election clause claim in Pennsylvania gerrymandering case
[JURIST] A three judge panel for the US District Court for the Eastern District of Pennsylvania [official website] on Wednesday rejected 2-1 [opinion, PDF] a constitutional challenge to Pennsylvania's electoral map. Although there was no unified majority opinion in Agre v. Wolf [JURIST archive], two judges found that Plaintiffs failed to bring a cognizable claim under the federal Constitution's Election Clause [Art. I § 4 text]. Chief Circuit Judge D.
Masterpiece Wedding Cakes: The Context-Dependence of Meaning
Two perpendicular lines: a cross. A church architectural committee asks a sculptor to design one for placement atop the steeple over its new sanctuary. Delighted, he agrees. The KKK admires the craftsmanship provided the church and asks the sculptor for the same design for use during its march in Skokie. Revolted, he declines.
Cut Thine Enemy's Cake: A Proposed Redistricting Solution Based on Game Theory
[JURIST] Recently, professors at Carnegie Mellon University [official website] have proposed a method to reform redistricting and avoid partisan gerrymandering. The plan [abstract] proposed by the CMU professors would seek to take advantage of each party’s self-interest to create fairer and less partisan maps.
"This is about our children NOT pretty maps!": a local look at redistricting
[JURIST] Redistricting has taken on increasing importance nationally as controversies over the political gerrymandering of House seats in North Carolina, Pennsylvania, and Wisconsin [JURIST reports] have moved into the spotlight. However, redistricting controversies are not confined to the national level. At the local level, redistricting causes emotions to run high, frustrates politicians and, sometimes, causes befuddlement.
North Carolina redistricting court follows through on special master
[JURIST] Today, a three judge panel announced [order, PDF] its intention to go forward with plans [JURIST report] to appoint a special master over the objections of North Carolina state legislators. The legislators objected [JURIST report] to the plans on Monday after the US District Court for the Middle District of North Carolina [official website] ordered the appointment last week.
No Safe Harbor: Congress Threatens Free Speech Online
In Reno v. American Civil Liberties Union (1997), Justice John Paul Stevens extolled the virtues of the Internet as a medium for speech. In this "vast democratic forum," he wrote, anyone "with a computer connected to the Internet can 'publish' information ... [A]ny person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox." Two decades later, Justice Stevens' words ring even more true.
North Carolina court orders special master in redistricting case
[JURIST] Today, a three judge panel in the US District Court for the Middle District of North Carolina ordered [official website; order] the appointment of a special master to evaluate nine redrawn districts.
North Carolina Partisan Gerrymandering Trial Begins
[JURIST] On Monday, the US District Court for the Middle District of North Carolina [official website] began trial [The Mountaineer report] in Common Cause v. Rucho, a consolidated partisan gerrymandering case brought by Common Cause, the League of Women Voters of North Carolina, [organization pages] among others. The lawsuit challenges North Carolina’s newest map after the Supreme Court upheld a district court ruling that found two congressional districts were racially gerrymandered in Cooper v.
Are political gerrymandering claims justiciable? Gill v. Whitford argument preview
[JURIST] The US Supreme Court [official website] will hear oral arguments today in Gill v. Whitford [docket], a case directly challenging the constitutionality of Wisconsin's congressional districts with broad implications for the limits of political gerrymandering nationwide. The Court will address both procedural and substantive [questions presented, PDF] issues in this case.
Diagnosing the North Korean Pathology
Instead of exchanging corrosive epithets with Kim Jung Un, President Trump should focus on creating a better understanding of the North Korean dictator's personal pattern of crisis decision. This would best be accomplished by more express thinking along the traditional medical science orientations of diagnosis, prognosis, and therapy. In medicine, it has long been understood that proper therapy must be based solidly upon prior diagnosis.
The NFL: Tough but not Tough Enough (On Domestic Violence)
JURIST Guest Columnist Shannon Riordan of St. John's University, discusses domestic violence in the NFL ... On February 15, 2014, Ray Rice, a top National Football League (NFL) player for the Baltimore Ravens, was arrested on assault charges, after he engaged in a physical altercation inside an elevator with his now wife, Janay Palmer, at the Revel Casino in Atlantic City. offered in less than one percent of all domestic violence cases in New Jersey from 2010 to 2013.
"America First" As Lawless Retreat From National Security
"The existence of `system' in the world is at once obvious to every observer of nature....Each element of the cosmos is positively woven from all the others." The cumulative jurisprudential assets and liabilities of U.S. foreign policy can best be determined from the standpoint of system. Accordingly, the divergence of such policy from much broader interests of the world as a whole represents a conspicuous harbinger of failure.
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