Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil Rights Act; Title VI; Free Speech; Anti-Discrimination; Religion; College; University; Activist; Protest; Executive Order; Trump; Anti-Semitisim; Law; Policy; Society; Marketplace of ideas (1)
- Criminal Law; Criminal Reform; Criminal Justice; Criminal Justice Reform; Civil Asset Forfeitures; New York; Community Investment; White Collar Crime; Law and Society; District Attorney (1)
- Disability Rights; Civil Rights; ADHD; Education Policy; Higher Education; Americans With Disabilities Act; DSM-V; Reasonable Accomodations; Standardized Testing; Law; Policy; College; Admissions; Testing; Graduate; Post-Graduate; Professional; LSAT; MCAT; GMAT; SAT; Varsity Blues Scandal; Discrimination (1)
- Federal Trade Commission; FTC; Teami; CSGOLotto; social media; influencer; disclosure; fraud; deception; deceptive practices; Facebook; Instagram; Twitter; YouTube; Endorsement Guides; Section 5(a); Telomerase; reasonable consumer; Machinima; Creaxion; consumer protection; consumer law; Lunada; Lord & Taylor (1)
- Hospital; for-profit hospital; non-profit; healt care; healthcare; health care system; Patient Protection and Affordable Care Act; Affordable Care Act; ACA; Obamacare; health equity; Medicaid; healthcare reform; insurance; health insurance; health; health law; charity care; law; policy; Patient Assistance Program; Big Pharma; Drugs; Perscriptions; Consumer Protection; Law; Policy; Anti-Kickback (1)
-
- Multi-level marketing; consumer protection; pyramid scheme; FTC; LuLa Roe; Herbalife; Spreme Court; AMG Capital Management LLC v. FTC; Section 5; Section 19; Law; Policy; Enforcement; Lobbying; Administrative Law; Society (1)
- Patent Law; Legislation; Administrative Law; Regulatory Law; Artificial Intelligence; Inventions; Inventors; Legal Personhood; DABUS; Robots; Innovation; Technology; Law; Society; Intellectual Property (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Historical Diagnosis Criterion Should Not Apply: Reasonable Accommodations In Standardized Testing For Individuals With A Later Diagnosis Of Adhd, Denise Elliot
Journal of Law and Policy
There is a growing number of adults being diagnosed with ADHD who were not diagnosed in childhood, misdiagnosed, or primarily exhibited symptoms in adulthood. Notably, most of the later diagnoses of ADHD in adults are individuals pursuing some level of higher education. Some of the reasons posited for this increase in ADHD diagnoses in higher education may be attributed to increased workloads, decreased structural and community supports, misdiagnosis in childhood, masking, and racial and socioeconomic factors that overlook subpopulations like children of color, female-presenting, and gender-nonbinary children with ADHD. Unfortunately, testing agencies that administer college entrance exams, graduate school entrance …
The Patient Assistance Problem, Daniel O’Brien Lichtenauer
The Patient Assistance Problem, Daniel O’Brien Lichtenauer
Journal of Law and Policy
Implemented in January 2006 as a voluntary enrollment supplement to standard Medicare plans, Medicare Part D coverage subsidizes the cost of prescription drugs for participants. However, significant gaps in coverage exist for those suffering from rare diseases that require costly drugs. Pharmaceutical companies seek to remove the powerful market force of patient price sensitivity by directly sponsoring or substantially funding “patient assistance programs” that help cover out-of-pocket costs. While pharmaceutical donors insist that their goal is strictly altruistic, the reality is that many of these programs offer a financial windfall for drug makers because they help funnel patients towards new …
Big Dreams And Pyramid Schemes: The Ftc’S Path To Improving Multi-Level Marketing Consumer Protections In Light Of Amg Capital Management And The 2016 Herbalife Settlement, Camille H. Mangiaratti
Big Dreams And Pyramid Schemes: The Ftc’S Path To Improving Multi-Level Marketing Consumer Protections In Light Of Amg Capital Management And The 2016 Herbalife Settlement, Camille H. Mangiaratti
Journal of Law and Policy
Multi-level marketing, also known as “MLM,” is a type of sales business that relies on both sales to consumers and recruitment of sellers into the company’s tiered commission structure. MLMs are wildly and enduringly popular, especially because they claim to be a flexible and easy source of income for people who need it most. However, almost everyone who joins an MLM will lose money, and many MLMs are illegal pyramid schemes. Millions of Americans are harmed by MLMs every year. Despite this, the government does very little to punish MLMs who lie to prospective participants about their odds of success. …
On The Outer Reaches Of The Marketplace Of Ideas: The Weaponization Of Title Vi Against Palestinian College Activists, Gavriella Fried
On The Outer Reaches Of The Marketplace Of Ideas: The Weaponization Of Title Vi Against Palestinian College Activists, Gavriella Fried
Journal of Law and Policy
On U.S. college campuses, Palestinian rights activists who are critical of Israel risk legal consequences. Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in any program receiving federal funds. Over the past two decades, at least eighteen Title VI complaints have been filed against U.S. colleges and universities, alleging that Palestinian rights activists’ political expression is a form of anti-Semitism. In December 2019, President Trump promulgated Executive Order 13,899, which formally extended Title VI protections to Jews and directed enforcement agencies to investigate allegations of anti-Semitism using guidance that includes …
How Artificial Intelligence Machines Can Legally Become Inventors: An Examination Of And Solution To The Decision On Dabus, Justyn Millamena
How Artificial Intelligence Machines Can Legally Become Inventors: An Examination Of And Solution To The Decision On Dabus, Justyn Millamena
Journal of Law and Policy
With proliferation of Artificial Intelligence research and development, it is foreseeable that these machines will invent many new patentable technologies. However, the United States Patent and Trademark Office recently deemed a patent application incomplete for listing an AI machine as the inventor. If the USPTO’s decision is not corrected, the patent system will be in danger because many fraudulent patent applications that list incorrect inventors will be filed. This would drastically change existing and settled inventorship jurisprudence and might endanger the patent protection over such patents. This Note argues that the USPTO’s reasons for not allowing the Artificial Intelligence machine …
Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Journal of Law and Policy
Criminal justice reform is elusive in the United States. Despite evidence that the system is broken, change remains ephemeral at best. This is partially attributable to the fact that most attempts to reform the criminal legal system have occurred through the political process. However, another method of criminal justice reform is to assist communities as they address the root causes of crime. Undergirding this approach is the belief that building stronger communities contributes to less crime and reduces recidivism. After seizing $250 million via prosecutions of financial crimes in 2016, the New York County District Attorney’s Office created a “first-of-its-kind” …
Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
Journal of Law and Policy
The Federal Trade Commission is an administrative agency that has traditionally been aggressive when deploying its delegated authority. At the core of these actions is the FTC’s interpretive definition of deception as based upon a reasonable consumer standard. Specifically, the commission has regularly used Section 5(a) of the FTC Act, in tandem with its interpretive definition of deception, as a sword in a variety of contexts, including enforcement actions for deceptive advertising, endorsements, and claim substantiation against a range of industries. These include successfully brought actions or consent decrees obtained in enforcement proceedings against powerful economic entities, including Google and …