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Vol. 88, No. 1: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2009-2010), J. Rodney Johnson

Law Faculty Publications

The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power of Attorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in this area. This article reports on all of these legislative and judicial developments, …

Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets,, Andrew B. Spalding

Law Faculty Publications

Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral effect. In countries where bribery is perceived to be relatively common, the present enforcement regime goes beyond the deterrence of bribery, and ultimately deters investment. Drawing on literature from political science and economics, this Article argues that anti-bribery legislation, as presently enforced, functions as de facto economic sanctions. A detailed analysis of the history of FCP A enforcement shows that these sanctions most often occur in emerging markets, where historic opportunities for economic and social …

Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

First, the article will review the history of arbitration of statutory employment claims, including the Pyett decision. Second, the article will look at the history and causes of legalism in arbitration. Then the article will consider the probable responses of employers and unions to Pyett. While predictions are necessarily speculative, it is likely that some unionized employers will seek to require employees to arbitrate statutory claims, perhaps in higher percentages than in the nonunion workplace. While unions may, and perhaps should, resist, many future collective bargaining agreements (CBAs) may contain such provisions. The article then discusses the alternative dispute resolution …

Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Dale Margolin Cecka

Law Faculty Publications

Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law. The Earle Mack School of Law at Drexel University. Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents …

Grzegorz Materna, Pojęcie Przedsiębiorcy W Polskim I Europejskim Prawie Ochrony Konkurencji [The Notion Of An Entrepreneur In Polish And European Competition Law], Wolters Kluwer, Warszawa 2009, 296 P., Oskar Filipowski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa

Richmond Public Interest Law Review

In the recent landmark decision in Wyeth v. Levine, the Supreme Court put drug manufacturers on notice that they can and should be liable for state tort claims for the harm their products cause regardless of Federal Drug Administration ("FDA") approval of the drug's use and warning labels. Part II of this paper analyzes the history and background of federal preemption to give context to the current environment after Wyeth. Part III analyzes the Supreme Court's decision in Wyeth, holding that the FDCA and corresponding regulations do not preempt state tort claims. Finally, Part IV discusses and analyzes what drug …

Table Of Contents, Summer Laine Speight

Richmond Public Interest Law Review

The Richmond Journal of Law and the Public Interest is pleased to present you with our annual spring issue. This issue focuses on health care-a topic presently at the forefront of political and policy debates. The issue is divided into two parts: two articles and two student comments.

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Public Interest Law Review

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford

Richmond Public Interest Law Review

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …

Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty

Richmond Public Interest Law Review

The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize samesex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all statelevel spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one-a partner or child-has a medical emergency or is in the hospital. In Part II, this Comment will …

Legal Preparedness For Pandemic Influenza: Is Virginia Ready, Kristen Digirolam

Richmond Public Interest Law Review

We cannot look at the legal issues of pandemic influenza in a vacuum. This paper attempts to identify the legal issues at stake during a pandemic and how those issues need to be discussed as a whole when preparing for a pandemic. Part II of this paper will give a brief description of pandemic influenza and look at the Spanish Flu pandemic of 1918. Part III will examine the origins of legal authority during a pandemic at the federal, state, and local levels of government. Part IV will look at some of the specific legal issues that may arise during …

Table Of Contents, Sheila Moheb

Richmond Public Interest Law Review

The General Assembly in Review: This annual edition of the General Assembly in Review is the product of great patience and unwavering commitment by the Editors of the Richmond Journal of Law and the Public Interest (JOLPI). As this is the first issue of Volume X1V, we hope you will find that this is only the beginning in a series of quality issues that we look forward to publishing for you this year. With articles solicited by Clay Landa, General Assembly Editor of Volume XIII, this issue focuses on topics of legislative debate during the 2010 session, while also exploring …

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Public Interest Law Review

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Public Interest Law Review

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

Effect Of Visual Media Use On School Performance: A Prospective Study, Iman Sharif, Md, Mph, Thomas A. Wills, Phd, James D. Sargent, Md

Department of Pediatrics Faculty Papers

Purpose: To identify mechanisms for the impact of visual media use on adolescents' school performance.

Methods: We conducted a 24-month, four-wave longitudinal telephone study of a national sample of 6,486 youth aged 10 to 14 years. Exposure measures: latent construct for screen exposure time (weekday time spent viewing television/playing videogames, presence of television in bedroom) and variables for movie content (proportion of PG-13 and R movies viewed).

Outcome measure: self- and parent reports of grades in school. Effects of media exposures on change in school performance between baseline and 24 months were assessed using structural equation modeling. Information about hypothesized …

Utilising A Combined Exercise And Counselling Program To Examine The Relationship Between Emotional Self-Efficacy And Physiological Improvements In Breast Cancer Survivors, Jena K. Buchan

Theses

Breast cancer diagnosis in women has increased in recent years, though medical progress has helped more patients become survivors rather than victims. With cancer diagnosis and treatment, however, comes a host of psychological and physical side effects that must be addressed. Research has found exercise and counselling may decrease the detrimental effects of breast cancer, but programs have typically utilised these modalities separately. As psychosocial issues appear correlated with physical health, it is imperative to examine the mind-body connection and explore the benefits of a combination exercise and counselling program. One psychological variable of interest is emotional self-efficacy, which relates …

"Substantially Limited:" The Reproductive Rights Of Women Living With Hiv/Aids, Lisa M. Keels

University of Baltimore Law Review

No abstract provided.

Comments: Seeking A Second Opinion: How To Cure Maryland's Medical Marijuana Law, Allison M. Busby

University of Baltimore Law Review

No abstract provided.

Madoff Ponzi Scheme Exposes "The Myth Of The Sophisticated Investor", Felicia Smith

University of Baltimore Law Review

On June 29,2009, Bernard L. Madoff was sentenced to 150 years in a federal penitentiary for his role in a multinational Ponzi scheme of historic proportions — some $64.8 billion (which included estimated gains from apparently bogus investment returns). The criminal charges against Madoff included securities fraud, investment adviser fraud, international and domestic money laundering, and perjury.

Many of Madoff's investors were regarded as sophisticated investors. Since its adoption in 1933, the Securities Act affords an exemption from the registration requirements for issuers who offer securities to sophisticated investors because these investors have the resources and financial expertise to obtain …

Between Scylla And Charybdis : How Does Race And Sexual Orientation Affect The Family Planning Process Of Interracial Queer Women-Identified Couples? : A Project Based Upon An Independent Investigation, Jaycelle Monsanto Basford-Pequet

Theses, Dissertations, and Projects

In this cross-sectional qualitative study the intersection of race and sexual orientation in the family planning process of interracial queer women-identified (IQW) couples was examined. For total participants N = 13. Themes included the affirmative nature of the intentionality of the family planning process for IQW couples as well as the difficulties of assisted conception. Participants spoke to their relationship to their family of origin and their fears and visions regarding their own family formation, related to genetic heritage, language, and traditions. Support systems offered by family of choice and social networks were discussed, specifically the need for community mirroring …

You Can Come Under The Tarp, But First... The Bank Of America-Merrill Lynch Merger Was A Failure Of Corporate Governance, James K. Donaldson

Law Student Publications

In response to the financial credit crisis in the fall of 2008, Congress, the U.S. Treasury, and the Federal Reserve Board of Governors took unprecedented action to prevent both large and small financial institutions from insolvency. Ultimately, the Troubled Asset Relief Program was created to inject various banks with the cash necessary to prevent the banks' insolvency and the threat that bank failures posed to the nation's economy. In the midst of that crisis, Bank of America agreed to acquire Merrill Lynch. Each institution, in their individual capacity, received TARP funds from the Treasury several weeks after entering into the …

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding, Elizabeth M. Myers

Law Student Publications

Military base closings, and the numerous laws and regulations that apply to them, have a great impact on neighboring communities. This comment addresses the economic, environmental, and cultural effects of military base closures, both domestic and overseas, and offers some ideas for the future. Section I tells the stories of two former military bases, one in America and one overseas, and an American military base currently in the process of closing. Section II details the economic effects of military base closure under BRAC, while looking at the process itself in more detail. Section III examines the environmental effects, arising from …

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa

Law Student Publications

Part II of this paper analyzes the history and background of federal preemption to give context to the current environment after Wyeth. Part III analyzes the Supreme Court‘s decision in Wyeth, holding that the FDCA and corresponding regulations do not preempt state tort claims. Finally, Part IV discusses and analyzes what drug makers may do now to continue to produce and market pharmaceuticals profitably while limiting their liability for state tort claims.

Reforming 501(C)(3): Putting The "Charity" Back In The Charitable Deduction, Jennifer Mccrabb Black

Law Student Publications

This paper seeks to lay out a proposal to redefine what it takes to receive tax-deductible donations. Part II of this paper will summarize the current state of the law as it applies to the charitable contribution deduction and the qualification for tax exemption under the Internal Revenue Code. Part III discusses the Charities Act 2006, a recent British act aimed at attempting to redefine charity for England and Wales by requiring organizations to prove that they provide a public benefit before receiving the benefits of being a charity. Part IV proposes additions and changes to the Internal Revenue Code …

Biology News, Winter 2010, University Of Northern Iowa. Department Of Biology.

Biology News

Contents:

-- Greetings from the Department of Biology
-- Focus on UNI Biology Alumni
-- Let us hear from you...
-- Faculty and Staff News
-- Trip to Chicago for Darwin Bicentennial
-- Botanical Center Wins Second Place
-- Focus on UNI Biology Students
-- Student Nature Society
-- Retirements
-- You Make a Difference! Messages from our donors....
-- New Advisor for Biology
-- Biology Video
-- You Can Make a Difference!
-- Scholarships and Funding
-- Support for students or department

Making European Tort Law: The Game And Its Players, Marta Infantino

Cardozo Journal of International and Comparative Law

In the last several decades, building a common European tort law has become a primary goal for many European institutions and research groups. On the one hand, EU institutions frequently highlight the need to simplify the current diversity in European tort law, and try to achieve this goal by injecting-so far quite incoherent-pieces of legislation into the European legal framework. On the other hand, many research groups aim to enhance the Europanization process through means that are much differentiated one to the other. Some of these groups (e.g., the European Group on Tort Law and the Study Group on a …

Class Actions In The European Union?: Importing Lessons Learned From The United States' Experience Into European Community Competition Law, Tiffany Chieu

Cardozo Journal of International and Comparative Law

The note argues that the European Union (EU) needs to establish an effective collective redress mechanism to address the challenges faced by victims of anticompetitive practices, who currently struggle to obtain adequate compensation. While the European Commission has proposed opt-in collective redress and representative actions, the note contends that an opt-out mechanism, akin to the U.S. class action system, would better deter wrongdoing and enhance compensation without fostering excessive litigation. The EU can draw lessons from the U.S. experience but must tailor its approach to avoid the pitfalls of a litigious culture.

An Examination Of Challenging Behaviors In Autistic Disorder Versus Pervasive Developmental Disorder Not Otherwise Specified: Significant Differences And Gender Effects, Alison M. Kozlowski

LSU Master's Theses

Children with Autism Spectrum Disorders (ASDs) are well-known for engagement in challenging behaviors. Unfortunately, due to its absence as a criterion for diagnosis in the DSM-IV-TR, little attention has been paid to the endorsement rates of such behaviors. However, a recently developed measure to assist in the diagnosis of infants and toddlers with autism and PDD-NOS – the Baby and Infant Screen for Children with aUtIsm Traits (BISCUIT) – has included a section designated for just this reason. This study used the BISCUIT to assess for significant differences in the endorsement rates of challenging behaviors between infants and toddlers with …

Association Of Esterases In Resistance To Naled And Resmethrin In The Southern House Mosquito, Culex Quinquefasciatus, Jennifer R. Gordon

LSU Master's Theses

The vector-competency and its affinity for humans make C. quinquefasciatus an important target of mosquito abatement programs. Whenever such control programs are implemented, protocols to monitor frequencies and mechanisms of resistance to the insecticides used are necessary to optimize the efficacy of the management strategy and to slow development of resistance to the insecticides used. In the current study, susceptibilities to the two adulticides used by EBRMARC (naled and resmethrin) were monitored using field-collected mosquitoes and a topical and contact bioassay, respectively. My hypothesis was that esterase-mediated enhanced metabolism conferred resistance to both insecticides in populations of C. quinquefasciatus from …