Digital Commons Network^™

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.

Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

We Will Still Live: Confronting Stigma And Discrimination Against Women Living With Hiv/Aids In Malawi, Chi Mgbako, Tracy E. Higgins, Jeanmarie Fenrich

Fordham International Law Journal

This report presents the findings of this research effort. Part I sets out Malawi's obligations under international and domestic law regarding the right of women living with HIV/AIDS to be free from discrimination and also explores non-binding international documents that provide guidance to governments in confronting discrimination against PLWHA. Part I then explores the ways in which lack of sexual autonomy, economic dependency, physical and sexual abuse, harmful traditional practices, commercial sex work, sexual exploitation of girls and young women, and conceptions of male sexuality increase women's vulnerability to HIV/AIDS in Malawi. Part II documents widespread community-level stigma against women …

Non-Horizontal Mergers: A European Perspective, Carles Esteva Mosso

Fordham International Law Journal

In the last few years, the assessment of non-horizontal mergers in the European Union (“EU”) has evolved considerably. There is now a consistent body of jurisprudence and administrative decisions on the assessment of vertical and conglomerate concentrations. The goal pursued is consumer welfare; the potential benefits of non-horizontal mergers are recognized and sound economic thinking is relied upon in identifying those instances where such mergers could lead to anti-competitive effects. Several developments have significantly contributed to this evolution. Two judgments of the European Courts have necessarily to be mentioned first: in 2004 the European Court of Justice (“ECJ”) established general …

“Practicing In Slow Motion”: The Development And Assessment Of An Interprofessional Clinical Education Curriculum For Law And Social Work Students, Lyn K. Slater

Dissertations, Theses, and Capstone Projects

Interprofessional and interagency collaboration are currently considered to be essential features of professional practice for the provision of effective health, education and human services. Most major professional organizations have now acknowledged the importance of working collaboratively with other professions and have advocated that education programs prepare students to collaborate across professions through the development of interprofessional education programs. At this time there is little evidence to show that when professionals learn together that this enables them, in practice and in the future, to work more collaboratively to achieve client goals.

There is a gap in the current evaluation literature that …

Of Pirates And Puffy Shirts: A Comment On ‘The Piracy Paradox: Innovation And Intellectual Property In Fashion Design, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Completely Theorized Agreements In Constitutional Law, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? This essay, written for a special issue of Social Research on Difficult Decisions, explores the role of two kinds of incompletely theorized agreements amidst sharp disagreements about the largest issues in social life. The first consist of agreements on abstract formulations (freedom of speech, equality under the law); these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under existing constitutions. Incompletely theorized …

Cost-Benefit Analysis Without Analyzing Costs Or Benefits: Reasonable Accommodation, Balancing, And Stigmatic Harms, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Is an accommodation "reasonable," under the Americans with Disabilities Act, if and only if the benefits are roughly proportional to the costs? How should benefits and costs be assessed? Should courts asks about how much disabled employees are willing to pay to obtain the accommodation, or instead how much they would have to be paid not to have the accommodation? How should stigmatic or expressive harms be valued? This essay, written for a symposium on the work of Judge Richard A. Posner, engages these questions in a discussion of an important opinion in which Judge Posner denied accommodations involving the …

Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris

UC Law Journal of Race and Economic Justice

Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own research with …

Falling Through The Cracks: The Impact Of Vawa 2005’S Unfinished Business On Immigrant Victims Of Domestic Violence, Mary B. Clark

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Legal Services: Meeting New Challenges With Delivery Systems That Promise Lasting Impact For Maryland's Poor, Hannah E. M. Lieberman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Setting An Agenda For The Future Delivery Of Legal Services To The Poor In Maryland, Michael A. Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A Work Of Heart: A Proposal For A Revision Of The Visual Artists Rights Act Of 1990 To Bring The United States Closer To International Standards, Rebecca Stuart

Santa Clara Law Review

No abstract provided.

Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher

Articles

Traditionally, law school tax courses have been taught using a mix of problems, class discussion, the Socratic method, and one end-of-term exam. The goal of these courses is to introduce students to key concepts of tax law and to teach them the essential skill of reading and interpreting the Internal Revenue Code and Treasury Regulations. This traditional method of instruction is an efficient and cost-effective way of transmitting a great deal of complex information to a large number of students. It is also a good vehicle to teach the essential skill of reading and interpreting the Code. However, the time …

2007-2008 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

A Satire Of Law Firm Employment Practices, Miriam A. Cherry

Faculty Publications

(Excerpt)

Jeremy Blachman's new book, Anonymous Lawyer, is a black-humorous stab at the hearts and souls of large elite law firms everywhere (if firms had such things as hearts and souls). The novel had its beginnings as a weblog, with someone named "Anonymous Lawyer"—ostensibly a hiring partner at a large elite law firm—posting entries on the internet. Anonymous Lawyer's posts discussed everything from over-the-top summer associate outings complete with fireworks and drunken debauchery to lamenting Daylight Savings Time and the loss of hundreds of billable hours. In December 2004, the author of the blog was revealed to be Jeremy …