Digital Commons Network^™

Genetically Modified Crop Regulation: The Fraying Of America's Patchwork Farm Lands, Allison H. Scott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union, Adam D.K. Abelkop, John D. Graham

Pace Environmental Law Review

The purpose of this Article is to compare the regulatory systems in Canada and the EU, and use comparative insights to draw some lessons that may be of interest to U.S. policy makers engaged in TSCA reform. CEPA and REACH are seen by stakeholders as state of the art in chemicals assessment and management, and thus the U.S. may draw useful insights from them. Indeed, the European Union and Canada have each been urging other countries to join in a globalization of the REACH or Canadian programs, respectively. Regardless of what TSCA reformers choose to learn from the Canadian and …

Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins

Akron Law Review

The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.

Reforming The Mental Health Law Of Ohio, James K. Feldman

Akron Law Review

IT WAS A COLD, SNOWY DAY toward the end of November, 1859. C. P. Wolcott, one of Akron's prominent attorneys, bundled up on the seat of his "buckboard," was driving his team all about town, trying to obtain affidavits from various citizens of his community who could testify to his client's mad delusions, and thereby save him from execution for charges arising from his attempt to seize the federal army arsenal at Harper's Ferry, Virginia, the previous October 16th. John Brown, married and the father of 20 children, was sentenced to be hanged on December 2nd. The client sincerely believed …

Beyond The Affordable Care Act’S Premium Tax Credit: Ensuring Access To Safety Net Programs, Mary Pareja

Hamline Law Review

BEYOND THE AFFORDABLE CARE ACT’S PREMIUM TAX CREDIT: ENSURING ACCESS TO SAFETY NET PROGRAMS

City Growth And Cooperation Along The United States/Mexican Border, Nora M. Tocups

Georgia Journal of International & Comparative Law

No abstract provided.

Financing Urbanization In Developing Countries, Leslie Smith

Georgia Journal of International & Comparative Law

No abstract provided.

Advertising Of Food And Drugs: Concealing A Truth, Hinting A Lie, Barry S. Donner

Akron Law Review

THE FOCUS OF THIS COMMENT is on recent advertisements promoting foods and drugs. Listed below are some representative ads, either recently published in magazines, or broadcast on radio or television. The question is whether they represent practices which, under the Federal Trade Commission Act, are prohibited, or should be prohibited.

Federal Income Tax Developments: 1977

Akron Law Review

The thrust of this article is not only to identify the new developments, but also to trace these concepts through their formulative changes. This article covers the new developments in the case law including those cases and rulings implementing the Tax Reform Act of 1976.

Regulating Unfair Practices Under The Ftc Act: The Need For A Legal Standard Of Unfairness, Teresa M. Schwartz

Akron Law Review

This article will examine the Commission's past and proposed use of the unfairness theory to justify these trade regulation rules. It is the thesis of this article that the Commission has not defined adequately the parameters of the amorphous statutory term "unfair... acts or practices" nor analyzed the term sufficiently or consistently in its application to trade regulation rules. By purposefully leaving the unfairness theory vague, the Commission invites judicial reversals of its regulations and legislative limitations on its authority.

The Scope Of Contractor-Subcontractor Liability In The Modern-Era Of Multinational Companies, Niels Bybee

Brigham Young University International Law & Management Review

No abstract provided.

The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt

Brigham Young University Education and Law Journal

No abstract provided.

Unquantified Benefits And Bayesian Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Ftc Won't Let Me Be: The Need For A Private Right Of Action Under Section 5 Of The Ftc Act, Stephanie L. Kroeze

Valparaiso University Law Review

No abstract provided.

Unquantified Benefits And Bayesian Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.

Nsa Domestic Surveillance From The Patriot Act To The Freedom Act: The Underlying History, Constitutional Basis, And The Efforts At Reform, Devon Ombres

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Legal Profession: A Time For Self-Anaylsis, Ralph M. Nader

Akron Law Review

Law Day is always a good occasion to look over the role of the profession. Traditionally in many gatherings around the country, the profession has used Law Day to praise itself. This is an occupational trait of the legal profession which is not restricted to Bar Association banquets. I was asked to speak to a number of New York lawyers recently at one such event in New York. As I sat awaiting my turn, the lawyers first praised themselves and after they finished, they began praising judges and gave them awards, scrolls, and plaques. Finally I got up and I …

Food And Drug Law: The Infant Formula Act Of 1980, Randal D. Shields

Akron Law Review

The Infant Formula Act of 19802 (hereinafter the Act) was a culmination of the efforts of mothers, physicians, reporters, administrators, businessmen and congressmen to provide regulations and guidelines to prevent similar tragic episodes in the future. This comment will focus on the Act, as well as the events leading up to its promulgation. The examination will begin with the remarkable discovery in infants of the rare affliction known as metabolic alkalosis and the subsequent research which has established a direct correlation between the defective formulas and the infants' conditions. Despite an expedient voluntary recall of the formulas, controversy raged in …

Medical Expense Reimbursement Plans - Planning Opportunities Under The Final Section 105(H) Regulations, David L. Wolfe

Akron Law Review

Because these new standards impact significantly upon preexisting medical expense reimbursement plans, this article will present a general overview of the traditional tax treatment of payments under such plans, describe the new nondiscrimination standards and their effective date, as well as outline several planning opportunities which remain available in this area.

Internal Revenue Service Review Of Tax Accrual Workpapers United States V. Arthur Young & Co., Steven Dimengo

Akron Law Review

The broad summoning power of the Internal Revenue Service [IRS] which enables it to examine any documents related to a taxpayer's liability' was challenged in United States v. Arthur Young & Co. The major issue of the proceedings was whether tax accrual workpapers, prepared by a taxpayer's independent auditor during the course of an annual audit, were subject to disclosure to the IRS pursuant to a summons under section 7602 of the Internal Revenue Code of 1954. In reaching its holding, the Supreme Court had to determine whether tax accrual workpapers were relevant to an IRS inquiry within the meaning …

The Child Abuse Amendments Of 1984: The Infant Doe Amendment, Daniel J. Mumaw

Akron Law Review

This comment focuses upon a new area of child abuse prevention, that of the withholding of medical treatment from disabled newborns. Section one discusses the increased public awareness of the extent of this practice. Section two presents the initial government response to widespread publicity of the practice. Section three examines the Congressional response to this problem via the Child Abuse Amendments of 1984. Due to the widespread publicity of one particular case, In re Infant Doe, the portion of the Amendment concerning the withholding of medical treatment from disabled newborns is commonly referred to as the Infant Doe Amendment. …

Death Row Conditions: Progression Toward Constitutional Protections, Nancy Holland

Akron Law Review

Beginning with recapitulation of the quest for the meaning and scope of the eighth amendment, this comment will review both the evolution of judicial scrutiny and the constitutional limitations of criminal incarceration and will also analyze the narrow body of case law affecting the quality of life on America's death rows.

Recovery For The Wrongful Death Of A Viable Fetus: Werling V. Sandy, Janet I. Stich

Akron Law Review

In Werling v. Sandy, the Ohio Supreme Court held a viable fetus, negligently injured "en ventre sa mere" and subsequently stillborn, may be the basis for a wrongful death action pursuant to Ohio Rev. Code § 2125.01.1 The court's ruling represented Ohio's explicit acceptance of the trend allowing a wrongful death action for the death of a fetus. Although Werling was not a case of first impression in Ohio, it presented the Ohio Supreme Court with the first opportunity to expand the legal rights of the unborn.

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores …

Is Medical Thermography A Reliable Tool In Diagnosing Soft Tissue Injuries In Personal Injury Cases?, Gary L. Evans

Akron Law Review

Behind the mundane, albeit pressing and important questions as to whether and to what extent a thermographic exam changes the value of a case, there lurks a more basic issue; is thermography a legally and medically reliable tool in diagnosing soft tissue injuries? This article will examine that issue as it pertains to personal injury litigation and reach some qualified conclusions.

Part I discusses thermography in general and describes electronic and liquid crystal thermography in particular. Part II divides reliability into two categories in an attempt to distinguish between medical and legal reliability. Part III discusses possible impacts caused by …

Business Ethics, Law, And The Corporate Use Of Laboraory Animals, David Hoch

Akron Law Review

This paper will examine, first, the fundamental theories pertaining to animal interests; then the relevant laws and the recognition of animal interests the laws require of corporate laboratories; and finally, how (if at all) these claims to interests for animals impinge upon corporate ethics. Perhaps a consideration of these matters will clarify the validity of the unorthodox proposition that corporate responsibility extends to nonhumans.

Death Of The Family: What's Become Of The Parents And The Children, Ronald C. Griffin

Akron Law Review

If something isn't done quickly, America will become the first nation in history in which elderly people enjoy more security than children.

To that end I recommend that family obligations be analyzed in contractual terms. If the law encompasses what courts do with specific conduct, contract law can moderate parental behavior through vehicles such as family counselling. It can sort out family duties and supply legal rationales for resolving family disputes in a constructive way. This article begins with a background discussion - history, literature and insights - then addresses the law and legal analysis.

A Time To Live, A Time To Die, Linda Shields-Stiefel

Akron Law Review

The purpose of this Comment is to review S.B. 1 and to compare it to other states living will statutes and to the proposed Uniform Rights of Terminally Ill Act.

Part I briefly overviews the American history of living wills. Part II reviews living will/right to die statutes in effect and major court decisions. Part III discusses Ohio's position on the right to die, both statutory and judicial. Part IV reviews S.B. 1 and suggests several changes. The conclusion recommends that a uniform living will statute be enacted to guarantee equal treatment for patients in all jurisdictions.

Someone To Watch Over Me: Medical Decision-Making For Hopelessly Ill Incompetent Adult Patients, Debra L. Dippel

Akron Law Review

This comment focuses on the predicament of the hopelessly ill incompetent adult patient. The comment first discusses the legal framework for medical decision-making in general. Next, it examines the legal and medical distinctions between competent and incompetent patients, and the implications of those distinctions. The comment then explores the options in caring for hopelessly ill incompetent adult patients, and the persons who may or should be responsible for exercising those options. The comment also considers the bases upon which the options may be exercised. Finally, the comment contains an examination of the current state of opinion and the law on …

Redrafting Ohio's Advance Directive Laws, Susan R. Martyn, James E. Reagan, Brendan Minogue, Debra L. Dippel, Maria R. Schimer, Robert Taraszewski

Akron Law Review

The Bioethics Network of Ohio (BENO) held its second annual conference on June 12, 1992 at Ohio Dominican College, Columbus, Ohio. Attendees recommended that a Task Force' review Ohio's Durable Power of Attorney for Health Care (DPAHC) and Modified Uniform Rights for the Terminally Ill (MURTIA) laws and suggest changes that would retain the basic structure of these provisions but also simplify and clarify their meaning. The Task Force completed a draft in six months and circulated it to approximately 450 individual and institutional BENO members. About one hundred members responded and this article incorporates most of their comments.