Claims Court Research Articles

The Value of Less-Lethal Weapons

<p class="MsoNormal" style="text-align: justify;"><span lang="EN-US" style="font-size: 14pt; font-family: 'times new roman', times, serif;">Less-Lethal Weapons, including electric Tasers, velocity-reduction bullet-capture projectiles, rubber bullets, beanbag rounds, and other less-lethal projectiles used in police departments, federal and local law enforcement agencies, and military policing operations, as well as for private use, are topics of significant debate in recent years. These weapons can reduce collateral damage, reputational risk, and legal exposure while preventing wrongful and unnecessary deaths caused by conventional bullet wounds. Yet, opponents have highlighted concerns regarding the safety and effectiveness of these weapons, as well as their potential to cause injury or even death. While the primary duty of law enforcement officials is to preserve order and execute the law while protecting individual rights, they ultimately achieve these goals by exercising their coercive authority. Society expects police officers to rely on their professional training and judgment when using physical force to defend citizens and themselves or to apprehend criminal suspects. Because police officers must occasionally participate in physical acts of coercion, it is unavoidable that some of these interactions may result in bodily injuries to individuals, including the officers themselves. These injuries have real costs, such as medical treatment, lost wages, municipal liability, court claims and settlements, riots, and legal or even criminal exposure, as well as less-tangible collateral costs, such as the erosion of police legitimacy and public trust, which are more difficult to quantify but arguably more influential in shaping long-term public perceptions than personal injuries alone. Less lethal technology eliminates some of the concerns raised by lethal weaponry. This study reviews the advantages and disadvantages of these less-lethal weapon technologies versus traditional firearms for use by the police force, federal agencies, and military police while also performing advanced analytics to model the valuation and return on investment for a law enforcement organization implementing such technologies.</span></p>

О процессуальном значении действий ответчика по фактическому исполнению требований истца до вынесения решения

Based on the analysis of doctrinal sources and law enforcement practice, the article examines the question of the procedural significance of the defendant's voluntary satisfaction of claims after filing a claim in court, but before making a decision. The author concludes that the actual fulfillment by the defendant of the plaintiff's claims after the initiation of civil proceedings is similar in nature to the recognition of the claim by the defendant.

The Effect of Legal - Ethical And Psychological Factors In Reducing Accounting Manipulations: A Field Study

The study aimed to elucidate the extent of accountants' adherence to legal and ethical factors, understand the psychological state of the auditor, explore the impact of regulations governing the auditing profession, and delineate the effect of psychological and ethical factors on the auditor's behavior. The study also sought to gather opinions from auditors, academics, and educators at the University of Baghdad regarding legal, ethical, and psychological factors within the profession. The study found significant correlations between legal, ethical, and psychological factors, and accounting manipulations. There was a statistically significant relationship between legal factors and accounting manipulations, with a correlation coefficient of (0.383) at a significance level of less than (0.01). Similarly, a significant relationship was found between ethical factors and accounting manipulations, with a correlation coefficient of (0.416) at a significance level of less than (0.01). Moreover, a significant relationship was established between psychological factors and accounting manipulations, with a correlation coefficient of (0.659) at a significance level of less than (0.01). The study recommends providing objective solutions to contribute to identifying the reasons for committing manipulation within organizations. It emphasizes the need to implement financial statement analysis techniques as a means of detecting manipulation and underscores the importance of legal actions (civil and criminal) related to filing claims in court, and preserving and protecting evidence. Additionally, auditors should act impartially, separating personal interests from their supervisory role.

Mediation Empowerment in Resolution of Civil Claims in State Court

Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator as a facilitator, the provisions of which are regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in District Courts. Mediation in court is the institutionalization and empowerment of peace (court-connected mediation) with the philosophical basis of Pancasila which is the basis of the Indonesian State, especially the fourth precept "Populist led by Wisdom of Wisdom in Deliberation/Representation". The fourth precept of the Pancasila, among other things, requires that efforts to resolve disputes, conflicts or cases be carried out through deliberations to reach a consensus that is filled with a spirit of kinship. Mediation in court is the result of the development and empowerment of peace institutions as stipulated in the provisions of Article 130 Herziene Inlandsch Reglemen (HIR) / 154 Rechtsreglemen voor de Buitengewesten (RBg) which requires a judge who hears a case to earnestly seek peace between the litigants. Efforts to resolve through Mediation apart from benefiting the parties are also beneficial for the Court because Mediation is expected to overcome the problem of accumulation of cases. however, the results of research at the Sengkang District Court Class IB and the Maros District Court Class IB show that the implementation of mediation is in accordance with Perma No. 1 of 2016 concerning Mediation Procedures at the District Court. However, there are several obstacles encountered in resolving civil lawsuit disputes in the District Court, namely egotism, external factors, educational factors, absence of the parties, passing the time limit, aspects of advocates and aspects of mediator judges.

ІМПЕРАТИВИ СУДОВО-ЕКОНОМІЧНОЇ ЕКСПЕРТИЗИ ЗБИТКІВ ВНАСЛІДОК ЗБРОЙНОЇ АГРЕСІЇ РФ

The article is devoted to the problem of deepening organizational and methodological approaches to forensic substantiation of evidence of the amounts of losses of enterprises as a result of the armed aggression of the Russian Federation. The legislative regulation of legal relations between the subjects of damages assessment is analyzed, the organizational basis for the sequence of actions of an enterprise when filing claims in court aimed at obtaining compensation (compensation) for damage caused by armed aggression and the actions of a forensic economic expert at the stages of the evidentiary process within the framework of criminal proceedings are established. The essence of the concept of "losses" and its components are characterized in the context of information sources for their justification and methodological support for calculation. An analysis of the formation of an evidence base by a forensic expert for calculating the cost of damage as a result of armed aggression was carried out. The features of the inventory of assets that were damaged or destroyed as a result of the armed aggression of the Russian Federation are considered. The characteristics of the enterprise's inventory records for certain types of assets (goods, stocks) and their reflection and documentation have been clarified. The main requirements for reflecting the book value of assets in the accounting policies of the enterprise are noted. The features of reflecting losses of financial assets, in particular accounts receivable, in the reporting of an enterprise have been studied. A comparative assessment of the fea-tures of methods for calculating damage and harm as a result of war was carried out. Conclusions are drawn regarding the elements of calculating losses, including losses of enterprises of all forms of ownership as a result of destruction and damage to their property, loss of financial assets, as well as lost profits from the im-possibility or obstacles in carrying out business activities. Differences in the normative regulation of damage are established and the characteristics of reporting elements for assessing losses and calculating their amount for the purposes of compensation for damage are determined.

The Executive Branch and the Origins of Judicial Independence

The early history of the federal judiciary as an independent branch of American government presents a puzzle. How did an institution that barely existed as a separate entity before the American Revolution be¬come coequal, and in some ways preeminent? Most accounts of the judiciary’s rise tell a story in which the courts consolidated their authority—especially the power of judicial review—by tacitly agreeing to withdraw from partisan politics. This article considers early judicial independence through a differ¬ent lens—the idea that the executive and legislative branches cannot interfere with judicial proceedings. This notion, which seems self-evident to us now, was less clear at the Founding. State legislatures in the 1780s routinely overrode judicial decisions, and it was not until the 1820s that courts seriously began to question the practice. As this article shows, the most insistent assertions of judicial invio¬lability came not from courts, but instead from the executive branch officials—in large part because they had little other choice. With a threadbare bureaucracy and no standing army, the early federal gov¬ernment existed more in theory than in fact. What it had was courts, which sat in every major port city and enjoyed broad jurisdiction over maritime matters. Forcing foreign disputants to adjudicate their claims in court spared the executive from making decisions that risked anger¬ing powerful European empires, and enabled it to leverage judicial resources to solve problems it could not manage on its own. In so doing, executive officers helped transform a still-undefined concept of judicial independence into a putatively hard barrier between the branches.

Is There Anything Left in the Fight Against Partisan Gerrymandering? Congressional Redistricting Commissions and the “Independent State Legislature Theory”

Partisan gerrymandering is a scourge on our democracy. Instead of voters choosing their representatives, representatives choose their voters. Historically, individuals and states could pursue multiple paths to challenge partisan gerrymandering. One way was to bring claims in federal court. The Supreme Court shut this door in Rucho v. Common Cause. States can also resist partisan gerrymandering by establishing congressional redistricting commissions. However, the power of these commissions to draw congressional districts is at risk. In Moore v. Harper, a case decided in the Supreme Court’s 2022-2023 Term, the petitioners asked the Court to embrace the “Independent State Legislature Theory.” The ISLT, at a minimum, would allow federal review of state interpretations of state law governing congressional elections, including redistricting. Part I distills the Supreme Court’s opinions on redistricting commissions into two potential doctrinal routes: a more restrained version (ISLT-Lite) and a maximalist version (ISLT-Max). Part II proposes a framework to analyze existing congressional redistricting commissions for their constitutionality under each theory. Part III makes recommendations for building constitutionally sound congressional redistricting commissions under each theory, both for states with existing commissions and for those looking to reduce partisan gerrymandering in the future. While the future of ISLT, and congressional redistricting commissions more broadly, remains uncertain, this Note offers an analytical framework so states may continue to constitutionally alleviate partisan gerrymandering through the congressional redistricting commission framework.

Некоторые проблемы признания недействительным завещания на основании пункта 1 статьи 177 Гражданского кодекса Российской Федерации

The article deals with the procedural problems of considering civil cases on the invalidation of a will made by a person who is not able at that moment to understand the meaning of his actions or to manage them. The peculiarities of this category of cases are the epistemological limited possibilities for proving and the short period of effective protection of rights in court - up to six months, as well as the difficulties associated with establishing the personality of the proper defendant.
 Material and procedural ways of solving the problems described in the article are proposed. In particular, it is proposed to provide heirs who would be called to inherit in the absence of a will, the right to receive information about contents from persons who certified the will, , the right to challenge wills before opening the inheritance in accordance with the rules of paragraph 2 of Art. 177 of the Civil Code of the Russian Federation or the opportunity to file a corresponding claim in court without specifying the defendant. It is proposed to fix formally in the acts of the Plenum of the Supreme Court the need to raise the issue of appointing a post-mortem forensic examination in any case of the category under study. It is also proposed to narrow the breadth of discretionary powers of the court when resolving a petition for a repeated forensic examination in the category of cases under study.

Legal mobilization and branches of law: Contesting racialized policing in French courts

AbstractWhen activists use the law to promote social change, how does the branch of law (criminal law, civil law, etc.) matter for movement outcomes? To examine this question, the article builds on legal mobilization scholarship, and on a qualitative study comparing three litigation strategies to contest racialized policing in France: mobilizing criminal law to hold officers accountable for police killings, mobilizing civil law to sue the state for racial profiling, and combining criminal and civil law to contest racialized police harassment. The findings suggest that three characteristics of legal branches matter for legal mobilization: (i) the branch's dominant paradigm (e.g., punitive vs. compensatory) determines how the problem gets framed and which actors are blamed for it; (ii) the legal provisions of each branch shape which aspects of the problem get highlighted, and which are obscured; (iii) the procedural and evidentiary rules determine the extent to which activists and victims can intervene in the fact-finding process and thus how much they can influence the strength of their claims in court. When they mobilize the law, social change actors strategize around the opportunities and constraints of various branches of law, to try influencing judicial decisions and the media coverage of cases.

판례 분석을 통한, 즉시연금보험 분쟁의 해결 방안 연구

In the disputes over immediate annuity insurance, the court's judgments of the first and second instances related to the insurer's duty to explain are presented. The disputes began in 2017, and the Financial Supervisory Service's Dispute Mediation Committee recommended that all inherited annuity products(maturity refund type) subscribers pay additional underpaid insurance, but insurers refused to pay collectively except for the mediation case. According to the precedents that consumers have won so far, insurers should specify the risks that “insurers can pay less than the minimum guaranteed rate at the time of the fall in interest rates” and “the monthly pension amount shall be paid after deducting the reserves for financing the maturity refund” in the terms and conditions. In addition, on the basis that the insurance company did not explain this to the customer, the court applied Article 3, Paragraph 4 of Act on the Regulation of Terms and Conditions to invalidate the incorporation into the contents of the insurance contract. Furthermore, the court orders the insurance company to pay the difference to the consumer based on the difference from the minimum guaranteed interest rate or the initial annuity insurance money (the amount without deducting the accumulated amount for the maturity refund fund). In this study, it was considered reasonable to apply Article 102 of the Old Insurance Business Act (current Articles 44 and 45 of Act on the Protection of Financial Consumers) rather than applying Article 3, Paragraph 4 of Act on the Regulation of Terms and Conditions when the insurer violates the duty of explanation. Also, the policyholder's negligence offset can be applied individually, and fairness can be established in accounting for unpaid insurance money. Moreover, in the immediate annuity insurance case, policyholders recognized that the insurer had violated the duty of explanation only after the monthly annuity less than the minimum guaranteed interest rate was paid. The question is whether to view it as the payment date of the monthly annuity of the company or as the time when the existence of the right to claim insurance money was known. In the judgments related to immediate annuity that have been issued so far, the position is that an insurer who refuses to pay insurance loses the lawsuit and that it is unacceptable as an abuse of rights against the principle of good faith that the statute of limitations for claiming insurance has expired. The Supreme Court precedent regarding accidental death benefit considered more emphasis on the pursuit of legal stability, refusing to recognize restrictions based on the principle of good faith, and strictly interpreting the extinctive prescription period. Presumably, the short-term limitation of three years (2 years in most cases subject to immediate annuity) applies to the right to claim insurance money, and it is difficult for general consumers to understand that they must file a claim in court to stop the extinctive prescription period. When the insurer refuses to pay the insurance money, the consumer believes the insurer's words and in most cases gives up on the claim, and even after a court judgment has been issued and the insurance claim is subject to the extinctive prescription period, the claim is frustrated again. Seems to be a very unreasonable result for consumers in. It is necessary to avoid the attitude of omitting key points and not explaining them in detail by delegating specific details to complex and difficult product terms and conditions. I think it's time to listen to the alternative of applying subjective starting points to insurance claims subject to short-term limitation period.

Characteristics of US hospitals using extraordinary collections actions against patients for unpaid medical bills: a cross-sectional study

ObjectiveThis study aims to characterise and evaluate the largest 100 hospitals in the USA that have adopted aggressive collection tactics to pursue patients with unpaid medical bills, such as lawsuits,...

Sole Matrimonial Property Division Through Joint Tenancy From Shariah Perspective

Currently the division of matrimonial property after death of spouse is proportionated according to spouse’s contribution in acquiring the property. The share of deceased then be distributed to deceased heirs according to the legal portion provided by faraid law. This practice apparently could affect the interest of deceased spouse in the circumstance where the property of the spouse is only one asset particularly matrimonial home. The wife might lose the ownership of the home which resulted to the deceased wife lose her home to live. Moreover, the existing methods of distributions seem rigid and might take longer period to be settled. Thus, this study aims to examine the position of joint tenancy as a distribution of sole matrimonial property after spouse death from Shariah perspective and its practices in Malaysia. The study adopts qualitative methods where the data is collected from library resources including fiqh books, legal provisions and reported cases. The data was analysed using content analysis methods. The finding showed that joint tenancy is one of the instruments of estate planning for Muslims objectively to safeguard the interests of deceased spouse after the death of the spouse. The process of ownership and transfer of property will be implemented through the right of survivorship principle as well as facilitate the process of claims in shariah courts. It seems in line with the principles of maqasid syariah which prioritizes the maslahah of couples and children as well as avoiding disputes on the property between the deceased's heirs and the surviving co-owners.

Medicolegal Sidebar: Are Implant Sales Reps in the Operating Room Legally Untouchable?

Medicolegal Sidebar: Are Implant Sales Reps in the Operating Room Legally Untouchable?

"УСТРОИСЯ СЕЙ ОБРАЗ В ПАМЯТЬ БЛАГОДЕЯНИЯ БОЖИЯ": СЕМЕЙНАЯ ИКОНА КАЛУЖСКИХ ДВОРЯН ПИРАМИДОВЫХ

The article deals with the history of the creation, iconography, and style of a family icon of the Piramidovs nobles from Kaluga. According to the inscription on its back the reason for ordering was Olga Piramidova’s satisfaction at the court claim. That event took place at the end of 1800. Based on historical evidence the litigation can be associated with the “Pyramidovs’ case”. The iconographic program of the monument is typical for the noble taste: the patronal saints of the family members are depicted with dialogical express in their figures. The images of St. Luke and St. Philip reflect the memorial character of the icon, since their ecclesiastical commemoration coincided with beginning and the end of the court case. Careful analysis of those and other details helps to understand the principles of identity formation scenarios and memory strategies among the Russian provincial nobility. Thanks to precise dating and a confirmed connection to a noble family permanently residing in Kaluga province, the icon becomes an important point of reference in determining the distinctive stylistic features of certain Kaluga icons. Through a series of analogies, a stylistically unified group is formed, oriented towards samples of late Moscow Baroque and associated with the aesthetic preferences of the nobility

ПРИНЦИП ПРАВА БУТИ ПОЧУТИМ (RIGHT TO BE HEARD) У ЦИВІЛЬНОМУ СУДОЧИНСТВІ: МОДЕЛЬНІ ЄВРОПЕЙСЬКІ ПРАВИЛА ЦИВІЛЬНОГО ПРОЦЕСУ ELI/UNIDROIT, ПРАКТИКА ЄСПЛ І НАЦІОНАЛЬНИЙ КОНТЕКСТ

The article addresses the right to be heard as one of the new principles of civil procedure being analyzed through the prism of the provisions of the ELI/UNIDROIT Model European Rules of Civil Procedure and para. 1 of art. 6 of the European Convention on Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. The paper highlights the problems of implementation of this principle at the national level. Within the framework of the ELI/UNIDROIT Model European Rules of Civil Procedure, the principle of the right to be heard includes: a) a fair opportunity to present claim and defense in court (Rule 11); b) the reasoned judgments, relied on the basis of the case file and the legal issues which the parties were able to comment on (Rule 12); c) the prohibition on the court communicating with a party in the absence of other party (Rule 13). Based on the analysis of the ELI / UNIDROIT Model European Rules of Civil Procedure and the case law of the ECtHR, the author advocates the view, according to which, the implementation of the principle of the right to be heard calls for the existence of a number of procedural guarantees of 'fair hearing' (para. 1 art. 6 of the ECHR). It is concluded that in modern conditions the principle of the right to be heard in its legal content is reduced to the requirement to provide a party to the proceedings the opportunity to bring to court their claims and objections, to effectively present their legal position before the court on equal terms with those given to the other party, as well as to obtain a reasoned court judgment. The implementation of this principle is associated with three groups of guarantees: a) guarantees that are prerequisites for the exercise of the right to be heard (proper notification of the person about the date, time and place of the court hearing); b) guarantees that constitute the core of the right to be heard and are implemented during the trial (oral hearing; opportunity to participate in the proceedings; the principle of 'equality of arms' and adversarial process); c) guarantees that are implemented after consideration of the case (a reasoned court judgment).

Načelo koherentnosti u odlukama Ustavnog suda Srbije o jedinstvu pravnog poretka

Articles 4 and 194 of the Constitution of the Republic of Serbia prescribe that the legal order of Serbia is unique. Interpreting this constitutional principle, the Constitutional Court of Serbia has developed a doctrine on the distinction between systemic and ordinary laws, based on the primacy of systemic laws over ordinary ones. Ordinary law must be in accordance with the systemic law because otherwise it is unconstitutional. Explaining its position, the Constitutional Court claims that the constitutional principle from article 4 requires that all laws be in accordance (consistency) and act in the same direction (coherence). We will analyze the principle of coherence, its relationship with consistency, and then apply those insights to the doctrine of the Constitutional Court, in an effort to determine the merits of such a distinction. The main hypothesis from which the paper starts is that the Constitutional Court gives absolute primacy to the principle of unity of legal order, which we consider axiologically acceptable but unacceptable from positive law aspect, since this principle must be considered in the light of other principles, especially in the light of separation of powers.

SMALL CLAIM COURT : PRINCIPLE CONCRETIZATION IN LAWSUIT SETTLEMENT

The purpose of this research is to examine the provisions of civil procedural law in settling a lawsuit, to know the form of simple, fast, and low-cost concretization in simple lawsuit settlement. The research method uses the research object of simple, fast, and low-cost concretization in the settlement of a simple claim, normative juridical approach, the type of data used in this study is secondary data, which is sourced from the literature. Secondary data consists of primary legal materials, secondary legal materials, legal material collection techniques carried out by literature and the internet, while the data analysis method is analyzed descriptively qualitatively. The results show that the provisions of civil procedural law in resolving claims in court so far have been using the basis of HIR, which do not differentiate between complicated and simple case examinations so that the time for settlement is the same. The process starting from submitting/registering a lawsuit, determining the day of trial by the head of the panel of judges, the parties being summoned appropriately, the trial, evidence to the verdict took a long time, namely 6 months (SUPREME COURT CIRCULAR No. 6 of 1992), so the Supreme Court issued SUPREME COURT CIRCULAR No. 2 of 2014 which provides a time limit for completing the case of five (5) months. The simple, fast, and low-cost principles of concretizing a small claim court can be seen in the settlement stage. Settlement of a simple lawsuit is divided into 4 (four) stages, namely: 1), preliminary stage, 2) stage of case examination, 3). The objection request stage and 4), the simple action decision stage. This simple lawsuit settlement process should take a maximum of 25 (twenty-five) days. The simple principle is embodied in the shortened settlement process mechanism, the fast principle is realized within 25 days of completion, a peace that does not use the provisions of Supreme Court rules No.1 of 2016, while the principle of low cost is realized from a simple settlement mechanism, will be affected by the cost of the case.

The Death of the Data Subject

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment.

California court defers to Board of Pharmacy expertise

Pharmacists sometimes get caught in the middle between prescribers who insist that their opioid prescriptions be honored, and regulations that require pharmacists to decline suspicious opioid prescriptions. Disputes between pharmacists and prescribers may lead to litigation based on alternative interpretations of pharmacy laws. A court in California recently ruled that the State Board of Pharmacy has primary jurisdiction to consider any such dispute prior to resolution of the dispute in a court of law. A pain management physician sued a pharmacy that declined to honor the physician's hydrocodone prescriptions. The physician's lawsuit sought an injunction that would force the pharmacy to honor his prescriptions. The physician based his legal argument on a state pharmacy law that says “a licensee shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient.” The pharmacy opposed the injunction, citing another state law that recognizes a “pharmacist's responsibility to ensure that prescriptions for controlled substances are issued only for a legitimate medical purpose.” The trial court explained that a judicial order requiring the pharmacy to honor particular prescriptions “would involve judgments concerning the statutory obligations of pharmacists that the Board is both expected and equipped to resolve.” The trial court ruled that the physician should first take his complaint to the Board before pursuing his claim in court. The physician appealed this ruling. The appellate court first noted that the Board has the “background to evaluate the specific facts that are relevant to these issues.” The physician contended that the doses he prescribes “are not excessive,” and that “hydrocodone is the lowest potency pure µ-receptor opiate agonist available.” The court concluded that “the Board is better equipped than the courts to evaluate how such technical claims affect a pharmacy's statutory corresponding responsibility.” The appellate court then referred to “the context of a national opioid problem,” agreeing with the trial judge that “the Board has more experience in evaluating a pharmaceutical licensee's responsibilities in this context.” The court also noted the need for “regulatory uniformity” since pharmacy opioid prescription screening programs are likely to affect many prescribers. The court said, the “Board is well positioned to adopt a uniform approach to determining whether such programs—and implementation of them—are consistent with pharmacists’ professional obligations.” The court applied the “doctrine of primary jurisdiction” to the case. Under this doctrine, the issue is not whether courts are capable of adjudicating claims based on state laws, but whether those claims require the “resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body.” The court explained that referral of the physician's case to the Board will not have any effect on the physician's right to eventually proceed with his case in a court of law, but “a ruling from the Board will provide a benefit to the court in ruling on issues that are reserved for its decision.” The physician was instructed to file a complaint with the State Board of Pharmacy prior to proceeding with his court case against the pharmacy. Judicial restraint has not been frequently exercised in the numerous legal cases brought against pharmacists and/or pharmacies based on allegations that opioid prescriptions were unlawfully honored when they should have been declined, or that opioid prescriptions were declined when they should have been honored. The California case is a very sensible and welcome exception. State Boards of Pharmacy are well positioned and well qualified to review claims of illegal conduct by the pharmacists or pharmacies that are licensed by them. Under the doctrine of primary jurisdiction, the determination of a Board of Pharmacy is not binding on a court of law, yet it can be useful and persuasive. Justice is best served when legal claims are examined by knowledgeable reviewers.

Policing, Profits, and the Rise of Immigration Detention in New York's “Chinese Jails”

“Policing, Profits, and the Rise of Immigration Detention in New York's ‘Chinese Jails’” explains how Chinese exclusion law created a “detention economy” in upstate New York. From 1900–1909, Northern New York jails held thousands of Chinese migrants who had been apprehended by immigration authorities crossing the U.S.-Canada border, and had filed habeas corpus claims in district courts. While scholarship on Chinese Exclusion has addressed the legal battles around due process, it has overlooked the detention infrastructure that these claims produced. Because the federal immigration service had no detention facilities in the region, they “boarded out” Chinese detainees at local jails, paying counties a nightly rate for each migrant held. These contracts transformed Chinese migrants into a commodity for rural communities looking to secure federal cash, with four Northern New York counties constructing separate “Chinese Jails” in order to increase the number of Chinese migrants they could incarcerate. This article challenges the scholarship that has presented immigration detention as a Cold War era development, instead showing how communities profited off jailing migrants at the turn of the century. Through the case of U.S. v. Sing Tuck, I argue that immigration officials eventually turned to the courts to streamline deportations and reduce their need for jail space.