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Canadian Legal And Policy Measures That Could Be Used To Respond To A Foot And Mouth Disease In The United States, Gloria Mintah, Carolyn Inch

Case Western Reserve Journal of International Law

No abstract provided.

Origins Of The Genocide Convention, Henry T. King Jr., Benjamin B. Ferencz, Whitney R. Harris

Case Western Reserve Journal of International Law

No abstract provided.

Act Like A Lawyer, Be Judged Like A Lawyer: The Standard Of Care For The Unlicensed Practice Of Law, Sande L. Buhai

Utah Law Review

The Washington model, in which limited unlicensed practice is explicitly authorized, regulated, and subjected to an ex post attorney's standard of care, is by far the cleanest approach to the problem. For jurisdictions that mediate between permitted and unpermitted provision of legal services by non-lawyers by finetuning their definition of "practice of law," one of two approaches may accomplish the desired ex post goal. First, courts may define "practice of law" expansively for ex post standard of care purposes while restricting it for ex ante regulatory purposes. Although this is effectively the equivalent of the Washington model, it may prove …

Turning A Blind Eye To Unmarried Cohabitants: A Look At How Utah Laws Affect Traditional Protections, Jared Richards

Utah Law Review

A brief exploration of the intrinsic limitations of common-law marriage and cohabitation contracts in light of Utah law indicates that these two classic remedies for unmarried cohabitants are quite ineffective in providing protection to dependent partners in cohabitant relationships. In addition, Utah's current laws are arranged in a way that leaves Utah wide open to absorb the costs of the inevitable consequences of cohabitation relationships-break-up. Utah's laws provide no economic relief or protection to unmarried cohabitants where one partner is a provider and the other a dependent. The lack of legal protections will often result in the dependent partner relying …

Victim Participation In The Criminal Justice System: In Re Kenna And Victim Access To Presentence Reports, Matthew B. Riley

Utah Law Review

The issue of victims' access to presentence reports will undoubtedly receive more and more attention as federal courts continue to give definition to the provisions of the Crime Victims' Rights Act. While the CVRA clearly seeks to provide victims a greater participatory role in the criminal justice process, confidentiality concerns may outweigh full disclosure ofpresentence reports.

Treating Crime Victims Fairly: Integrating Victims Into The Federal Rules Of Criminal Procedure, Paul G. Cassell

Utah Law Review

Federal courts should treat crime victims fairly in the criminal process. In a nod to that goal, the Advisory Committee on the Federal Rules of Criminal Procedure (Advisory Committee) has circulated for public comment proposed amendments to the Federal Rules of Criminal Procedure (the Rules) regarding crime victims' rights. These amendments attempt to implement the recentlyenacted Crime Victims' Rights Act (CVRA),l which guarantees crime victims a series of rights, including the right to be treated fairly. Unfortunately, the proposed amendments are mere tentative, half measures that do not begin to fully protect crime victims.

Maine Law Magazine - Issue No. 86, University Of Maine School Of Law

Maine Law Magazine

Contents

• News Briefs
• Feature: Life, Work, Balance
• Feature: Bankruptcy
• Around Campus
• Faculty Notes
• Giving Back
• Alumni Feature

Guilty Pleas And Barristers' Incentives: Lessons From England, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

When considering the defendant's plea, barristers, like lawyers, have two overriding, selfish interests: maximizing remuneration and avoiding sanction. The tension between defendant and defender is most acute when the defendant is indigent and the defender has been chosen to represent him. It is their relationship that is addressed in this article.

The goal is to align the defender's selfish interests with the defendant's need for thoughtful advice over how to plead, so that, behind the guise of apparently disinterested advice, the advocate is not pursuing his interests at the defendant's expense. By contrast to most American practice, the method of …

Comments: Electronic Access To Court Records: Shifting The Privacy Burden Away From Witnesses And Victims, John Losinger

University of Baltimore Law Review

No abstract provided.

Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs

University of Baltimore Law Review

No abstract provided.

Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner

University of Baltimore Law Review

No abstract provided.

Tearing Down The Great Wall: The New Generation Investment Treaties Of The People's Republic Of China, Stephan W. Schill

Cardozo Journal of International and Comparative Law

The People's Republic of China (PRC or China) has emerged as the world's premier destination of foreign investment in the developing world and is continuously strengthening its position as a source of outward foreign investment, notably in Asia and Africa. In this context, the PRC has concluded over 110 bilateral investment treaties (BITs) that grant protection against expropriation and establish other standards of treatment for foreign investors in China and Chinese investors abroad. While the PRC was originally hesitant regarding international investment protection, the country started, beginning in the late 1990s, entering into new generation BITs that break with her …

Achieving Synergies In Prevention Through Linking Sexual And Reproductive Health And Hiv Services, Ian Askew

Reproductive Health

Integration, linkages, and synergies are widely used terms among those interested in strengthening the relationship between sexual and reproductive health services and HIV prevention. These conference proceedings explore the terms conceptually and review the wide range of combinations of SRH and HIV prevention services that have been linked or integrated. Several different combinations have proven feasible and acceptable in pilot situations, but there remains a lack of evidence as to their effectiveness in changing behaviors, including preventing HIV transmission. There is also limited experience with scaling up successful models and a need to move beyond a focus on services to …

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum,, Bernard D. Reams Jr., Michael P. Forrest

Faculty Articles

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results.

Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …

Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges and prospects of legal reform aimed at addressing domestic violence against women in Nigeria. It highlights the inadequacy of current laws, the cultural and societal barriers that discourage victims from seeking redress, and the need for comprehensive legal and systemic changes to protect women's rights. The analysis emphasizes the importance of addressing economic, cultural, and educational disparities to create a more just and equitable legal framework.

The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross

Journal of Law and Health

Stricter government regulations regarding commercial speech that promotes weight-loss or diet products should be considered for three reasons. First, studies have shown that diet industry advertising often makes weight loss claims that are scientifically impossible. Second, consumers have suffered adverse health effects as a result of trying weight-loss programs or diet products. Third, current FTC regulations are not curbing the problem. Part II of this note outlines the history of commercial speech and its protections under the First Amendment, along with the history of the rapidly expanding diet industry and its regulatory framework. Part II examines the three arguments in …

Alzheimer's Toolbox: A Caregiver's Guide, Kristen Eastwood, Gerry Smith

Occupational Therapy Capstones

“Alzheimer’s disease is the most common cause of dementia in North America and Europe” and “accounts for sixty percent of all irreversible dementia cases” (Moore, 2003, p. 50,126). Along with the 4.5 million Americans who suffer from Alzheimer’s, there are also the caregivers who are suffering alongside their loved one. The stress of caring for a loved one with Alzheimer’s can be overwhelming. This affects the quality of life for those with Alzheimer’s and the health of the caregiver.

A comprehensive literature review was conducted to explore and identify effective techniques and interventions, pertinent to both the caregiver and patient's …

Morse Code, Da Vinci Code, Tax Code And ... Churches: An Historical And Constitutional Analysis Of Why Section 501(C)(3) Does Not Apply To Churches, Jennifer M. Smith

Journal Publications

This article is about the United States federal tax code and churches. In particular, it discusses the interplay between section 501(c)(3) and churches in America. Section II presents a background of the history of the tax exemption for churches and the judicial holdings relative to that exemption. Section III explores the historical development of the separation between church and state, tax exemptions, and section 501(c)(3). Section V analyzes section 501(c)(3) under the Constitution's free speech and religion clauses. Section V proposes a recommendation, and Section VI is the conclusion.

Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Gift Of Milner Ball, Thomas L. Shaffer

Georgia Law Review

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend-my colleague, too-and also my teacher (in two senses, including the I-once-paid- tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the …

Ethics Year In Review, Marisa Huber

Santa Clara Law Review

No abstract provided.

A Manual "To Inform Every Citizen", Mary Whisner

Librarians' Articles

Ms. Whisner examines the history and development of an "old friend" of many reference librarians, the United States Government Manual.

The Employment Discrimination Provisions Of The Americans With Disabilities Act: Implementation And Impact, Scott Burris, Kathryn Moss

Hofstra Labor & Employment Law Journal

Title I of the Americans with Disabilities Act prohibits employment discrimination on the basis of disability. Since its passage in 1990, debate has raged about whether the statute is doing any good. A steady stream of narrowing court decisions has led some to declare the law a failure. This article reviews the empirical evidence on the effectiveness of Title I. Many studies find a decline in employment rates among the disabled in the wake of the ADA, but the evidence that these declines were caused by the ADA is weak. Title I protects people who require no more than a …

From Lapdog To Watchdog: Sarbanes-Oxley Section 307 And A New Role For Corporate Lawyers, Peter C. Kostant

NYLS Law Review

No abstract provided.

Introduction, Arthur S. Leonard

NYLS Law Review

No abstract provided.

Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel

NYLS Law Review

No abstract provided.

Public Interest Service At The University Of Colorado School Of Law, Norman Aaronson

Publications

No abstract provided.

Checklists And Illustrative Financial Statements For Health And Welfare Benefit Plans : A Financial Accounting And Reporting Practice Aid, May 2007 Edition, American Institute Of Certified Public Accountants. Accounting And Auditing Publications, Lori A. West

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Sharee Rodgers V. Floyd Asher And Melanie Asher : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE PLAINTIFF-APPELLEE Appeal from the Second District Court, Davis County, Judge Thomas L. Kay

State Of Utah V. Kenneth Ray Underwood : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for burglary and theft, both second degree felonies, in the Second Judicial District Court of Utah, Weber County, the Honorable Parley R. Baldwin presiding.