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Abstract: As more and more people create personal websites and blogs, courts are more frequently asked to rule on questions related to the Internet boom. Specifically, an issue has arisen concerning what standard to apply in defamation suits brought against anonymous bloggers. Courts have wrestled with producing an appropriate standard for revealing the identity of an anonymous blogger who posts allegedly defamatory material on a message board or website. Recently, in Doe v. Cahill, the Delaware Supreme Court created a strict standard that makes it extremely difficult for defamation victims to bring suit against anonymous bloggers. The standard created is far too sympathetic to anonymous bloggers and fails to address important issues facing victims of defamation.
It is important not to silence communication on the Internet, but it is just as important not to silence victims of defamation. Therefore, this comment argues for the protection of libel plaintiffs facing defamatory comments from anonymous bloggers.
Blogging, defamation
Abstract: The article examines how courts in different jurisdictions have addressed restrictive employment covenants for physicians and proposes a new approach drawn from the third-party beneficiary analysis in contract law. Physicians hired into existing practices often must sign substantial non-compete agreements. In evaluating the enforceability of any restrictive covenant, courts consider, among other factors, the agreement's effect on the public. Surprisingly, the vast majority of jurisdictions treat the "public interest" analysis vis-a-vis physician restrictive covenants no differently than any other commercial restrictive covenant; this approach neglects the impact that such agreements can have on a physician's existing patients. Although at first glance physician restrictive covenants may seem like a somewhat insular area of the law, it is an area that is reflective of some of the primary forces acting on the perceived health care "crisis" in this country - the often contradictory pressures of serving patients and running a profitable business. This article suggests courts should consider a physician's incumbent patients as quasi third-party beneficiaries to the physician's employment agreement when deciding whether to enforce the physician restrictive covenant. This more nuanced approach will allow courts a finer balance of the business interests of physicians against the often weighty public interest in protecting physicians' relationships with their patients.
Physician restrictive covenants, Beneficiary analysis
Abstract: This article reviews the book A Cross-Cultural Dialogue on Health Care Ethics, edited by Harold Coward and Pinit Ratanakul. The work is the product of an interdisciplinary team of medical scientists, sociologists, anthropologists, psychologists, philosophers, nurses, lawyers, and religious scholars in both Canada and Thailand for the Centre for Studies in Religion and Society in Victoria, British Columbia. Through their research, this group has compiled a compelling dialogue that centers on health care, life, living, and dying in various societies around the globe. The end result is to advocate a shared vision of health care for the future that is responsive to the mores and demands of every culture. A Cross-Cultural Dialogue on Health Care Ethics provides a good, yet brief, overview of some of the important issues necessary for future dialogue about health care ethics in a global society. The conscientious reader, however, should be quick to realize this book is just a starting point for discussion and not the definitive answer to the world’s health care problems.
Abstract: This article reviews the book "A Textured Life: Empowerment and Adults with Developmental Disabilities", by Alison Pedlar, Larry Haworth, Peggy Hutchison, Andrew Taylor, and Peter Dunn. "A Textured Life" is a comprehensive look at life for Canada's developmentally disabled citizens. The authors systematically walk the reader through a developmentally disabled Canadian citizen's home life, work environment, family relationships, personal relationships, and leisure activities. Throughout the well-researched and well-documented analysis, the authors have interspersed the narrative of their subjects, as well as comments from personal care workers and family members. Overall, the authors have provided a very comprehensive glimpse into Canada's treatment of developmentally disabled citizens. The text is very thorough and helpful in providing a glimpse into the daily lives of developmentally disabled citizens in Canada. Works like "A Textured Life" provide guidance to other nations and care providers in analyzing the programs that are in place to support developmentally disabled citizens.
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