Class of 2013 Abstract / Specific Aims: To compile and evaluate the impact of Arizona pharmacy rule waiver requests from 2002 through 2012 and to determine the current status of these waivers. Methods: Minutes of the Arizona State Board of Pharmacy (ASBP) meetings were reviewed to identify pharmacies which had sought waivers to Arizona state pharmacy regulations. Information was collected from the ASBP meeting minutes and from the ASBP pharmacy permits database. Persons at the pharmacies were contacted regarding their operation, whether the waiver was still in use, and any perceived impact the waiver had made. Main Results: Fifty waivers were requested of the ASBP. All but three of these requests were granted. The most waivers were requested for hospital and mail order pharmacies and the most common requests were for a smaller than required pharmacy floor plan area, no pharmacist final inspection or initialing, and fewer than the required hours of operation. One waiver was associated with a poor outcome and was subsequently rescinded. Three waivers were followed by rule changes. Some waivers improved pharmacy service to underserved or specialty patient groups and others increased patient convenience or eliminated unnecessary labor, facilities or equipment. One waiver reduced product waste and another enabled pharmacy students to get compounding experience. Several waivers allowed technicians to work from home. About half the waivers are either no longer in use or were never used. Conclusion: The waiver process has helped pharmacy evolve. The waiver process has also allowed businesses to serve underserved populations and special patient groups.

The purpose of this exploratory study is to examine the reintegration experiences of Black men who were transferred to adult court and served time in adult prison as teenagers. Twenty-one semi-structured in-depth interviews were conducted with 21 Black men who served prison time when he was a teenager. At present, we know little about the long-term effects of waiver and sentencing practices. Hence, my question and main purpose for this research is this: Does the "ex-convict" label affect the reintegration experiences of Black males after serving time in an adult prison as a youth? I focus on Braithwaite's reintegrative shaming to explore how these men reintegrate and experience shaming. The men reported feeling unprepared to subsist in the workplace. The main reasons for these feelings were because the men spent their youthful years in prison, with very little to no job skills training, leaving them highly unskilled. I also test Braithwaite's (1989) ideas regarding shaming and cultural homogeneity among Black men while exploring how "ex-convicts" re-enter the community through personal interviews in this dissertation. I explored whether Black men experience shaming by their reference or intimate groups (family, partner, and friends), the community and potential employers. I also consider masculinity thesis and Anderson's (1999) "Code of the Streets" thesis, which posits that Black's may have culturally defined perceptions regarding feelings of shame. Findings revealed that there were differences in the shaming felt when the men were in their distinctive environments versus outside of the community. Feelings of shame were felt deeper outside of the community rather than vice versa as Braithwaite (1989) theorize. These findings provide a good test of Braithwaite's (1989) cultural homogeneity thesis. Findings from my research discredit the thesis as the sample reported feeling more shame when they left their communities (distinctive environments) even when cultural homogeneity was high in their distinctive environments.

In Sweden, the concept of waivers in conjunction with notification of breach of contract is not regulated by the law. Instead, the Swedish High Court has devel-oped non-statuary principles regarding waivers and notification of breach in the past years. A party affected by a breach of contract may waive their contractual rights, or the right to assert penalties for breach of contract, either by approving the non-performance in whole or partially, or by refraining from enforcing some or all of the penalties associated to the breach. A waiver may be established expressly or through passivity. While waivers are not regulated by Swedish law the concept of waivers and notice of breach has long been regulated by American law through the Uniform Commercial Code (UCC) in general, UCC § 2-209 es-pecially, and American case law (common law). The codification of a legal area, such as regulations of waivers, is uncommon in American law and yet the UCC regulates fundamental parts of American contract law. The purpose of this thesis is to analyze waivers in conjunction with notice of breach in Swedish commercial contracts through elements of comparison with American law to further the discussion de lege ferenda. The ratio legis behind notification of a breach of contract is to inform the counterparty of the breach and inducing reasonable expectations that no waiver has been constituted. The notification needs to be made within a reasonable amount of time, and in Swedish precedent, disloyal actions can extend the acceptable time of notification. Moreover, The Swedish High Court has developed the concept of waivers based on principles of loyalty and passivity. In American law another element is added to distinguish if the non-breaching party has waived their rights: he or she must have acted actively against his or her contracted rights in a way that may be proved by “undisputed acts or language so inconsistent with [the party’s] purpose to stand upon his [or her] rights as to leave no opportunity for a reasonable inference to the contrary”. The standard for waivers is higher in American Law than in Swedish law and favors the written contract over inconsistent legal acts, or duties to act. There are primarily two reasons as to why an international outlook to the American legal system might help the Swedish legal system handle the concept of waivers and non-statuary notice of breach. First, it might help by raising the standard on when waivers are found to have been established in contractu, and furthermore it might create foreseeability for commercial parties over equity in individual cases.

Introduction: Access to family planning services is a major public health issue. State policies and funding for family planning services may increase access to contraceptive services and help women avoid unintended pregnancies. Study Design: We identified sexually active, fertile women participants of the National Survey of Family Growth (2006-2008). Women were categorized as consistent or inconsistent users of contraceptives based on self-report. States were classified based on 2006 Medicaid family planning waiver status (income expansions, limited expansions, or no Medicaid family planning expansions), 2006 public funding for family planning in dollars per woman, and insurance coverage of contraceptive mandate status (comprehensive mandate, partial mandate, or no mandate). Multi-level logistic regression was used to estimate the extent to which state-level constructs increase consistent contraceptive use among reproductive aged women at risk of unintended pregnancy. Results: Women living in states with an Medicaid family planning income expansion waiver had 44% increased likelihood of consistent contraceptive use relative to women living in states with no Medicaid expansions (adjusted odds ratio (aOR): 1.44; 95% confidence interval (CI): 1.06-1.96). Limited Medicaid expansion was also associated with consistent contraceptive use (aOR: 1.30; 95% CI: 0.91-1.87). Nationwide a median of $86 (Interquartile range: $59-$133) of total public family planning funding was spent per woman in 2006. Higher levels of total public funding per woman for family planning services were not associated with an increase in the odds of consistent contraceptive use among all women (OR:1.05; 95% CI:0.98-1.12) or among women with incomes <250% of the federal poverty level (OR:1.06; 95%CI: 0.96-1.17). Comprehensive insurance coverage of contraceptives mandates increased the likelihood of consistent contraceptive use for privately insured women (aOR: 1.64; 95% CI: 1.08-2.50). Partial mandates were not associated with consistent contraceptive use. No association was observed among uninsured women (aOR: 0.77; 95%CI: 0.38-1.55). Conclusions: Comprehensive insurance mandates and income-based Medicaid eligibility expansions are associated with increased likelihood of consistent contraceptive use. More research is needed to understand the association between public funding for family planning and contraceptive use among women in need of publicly funded services.

Orienté vers le libre-échange, le droit de l’Organisation Mondiale du Commerce est basé sur plusieurs principes fondamentaux : la non-discrimination, la réciprocité et la réduction progressive des obstacles au commerce. Il existe des mécanismes répondant à l’impératif d’adaptabilité nécessaires aux membres pour faire face à des situations exceptionnelles afin d’intégrer de la souplesse dans l’application du droit de l’OMC et de déroger aux principes et règles régissant le commerce international. Cela vaut aussi bien en période de crise qu’indépendamment de l’environnement économique général, dès lors que les conditions sont réunies pour que les membres les mettent en œuvre. La crise économique de 2008 a fait craindre un recours accru, voire abusif, à ces instruments d’exception, de dérogation, de sauvegarde, ce qui signifierait un retour à des pratiques protectionnistes. La réflexion sur l’utilisation de ces outils permet la mise en évidence des instruments proposés par le droit de l'OMC pour faire face à des situations qui nécessitent un frein au libre-échange. Elle précise également les pratiques des Membres, la logique générale de ces mécanismes de flexibilité et l’équilibre entre les principes orientés vers le libre-échange et les exceptions qui supposent des restrictions au commerce. Les questions qui se posent doivent conduire à étudier l’ensemble de ces instruments de flexibilité, l’articulation entre ces instruments et ceux des autres organisations internationales en lien avec l’OMC, le rôle du juge de l’OMC dans les différends liés à l’utilisation de ces mécanismes et les perspectives d’évolution ou de réformes des instruments de flexibilité du droit de l’OMC / Oriented toward free trade, the World Trade Organization law is based on several fundamental principles: non-discrimination, reciprocity and the gradual reduction of trade barriers. There are mechanisms that respond to the need for adaptability necessary for Members to deal with exceptional situations in order to incorporate flexibility in the application of WTO law and depart from the principles and rules governing international trade. This applies both in times of crisis, and irrespective of the general economic environment, as soon as the conditions seem to require Members to implement them. The economic crisis of 2008 has raised fears of increased use or abuse of these instruments of exception, derogation (waivers), or safeguard, all of them constituting actions that would mean a return to protectionist practices. Reflection on the use of these tools allows the identification of instruments proposed by the WTO law to deal with crisis and more generally to situations that require a barrier to free trade. But beyond that, it specifies the practices of Members in the use of these tools, the general logic of these mechanisms for flexibility and the balance between the free-trade oriented principles and the exceptions that involve restrictions on trade. The questions then raised should lead to consider all of these instruments of flexibility, the articulation between these instruments and those of other international organizations in connection with the WTO, the judge's role in WTO disputes related to the use of these mechanisms, and the prospects of change or reform of flexibility instruments WTO law

Miranda abilities, individual characteristics, and contextual factors are critical elements to evaluate in determining the validity of Miranda rights waivers and confessions. Research indicates that many individuals waive their Miranda rights without adequate comprehension or reasoning. In addition, personality characteristics of suggestibility and compliance are key factors influencing waiver decisions. Furthermore, scholars found that situational anxiety likewise impairs Miranda abilities and waiver decisions. Previous research has investigated the effects of Miranda abilities, individual characteristics, and contextual factors on Miranda waivers and confessions by utilizing confession paradigms. A methodological limitation of these paradigms is the lack of volition and autonomy in committing the accused acts of wrongdoings. The current study of undergraduate students advances previous research through examining the detrimental impact of false accusations of wrongdoings committed independently and intentionally using a novel paradigm. This thesis sought to further the understanding of the effects of Miranda abilities (i.e., comprehension and reasoning), personality characteristics (i.e., suggestibility and compliance), and situational factors (i.e., false accusation) in relation to Miranda waivers and confession decisions. The final sample included 87 undergraduate students, of whom approximately 97% waived their rights and 40% falsely confessed to the wrongdoing. The results indicate that Miranda reasoning, suggestibility, and compliance significantly predict the likelihood of false confession. These findings can be used to inform policy changes as well as the evaluations of the validity of Miranda waivers and confessions.

Please read the summary in the front pages of the file named 00dissertation / Dissertation (LLM (Procedural Law))--University of Pretoria, 2007. / Procedural Law / unrestricted

This diploma thesis is engaged in identification of configuration object, identification of configuration items and design of configuration management system, which results from ČOS 051605 to ČOS 051611 and was modified according to requirement of Exerion Precision Technology Olomouc, s.r.o., division „Výroba monodílů a podskupin, Olomouc“, Železniční 6, 779 00 Olomouc, Česká republika, focused on configuration management activity „Configuration Identification“ and „Configuration Control – Engineering Changes, Deviations and Waivers“.

This research looks at the need and enforceability of legal warranties that companies include in contracts and/or public displays/notices to limit the company’s liability exposure to third parties. It also discusses the liability incurred by a company and that of its directors in their personal capacities (if any) should the legal warranty implemented be found to be unenforceable. The liability that may be incurred by the company and/or its director/s is dependent on whether the legal warranty which it implemented is enforceable or not and therefore it is important to establish what would constitute an enforceable legal warranty. In order to determine what is likely to constitute an enforceable legal warranty the study looks back at what has previously been deemed to constitute an unenforceable legal warranty. This is done by analysing the common law principles of contract, being the freedom to contract and the sanctity of contract, and its development in accordance with our constitutional dispensation through case law precedents. The provisions of the Consumer Protection Act 68 of 2008 that apply to legal warranties are also analysed in order to determine the anticipated outcome of future case law where the Consumer Protection Act 68 of 2008 may be applicable to a dispute involving legal warranties. Once what constitutes an unenforceable legal warranty is established, the study will discuss the legal position of a third party, and that of the company, where a third party has suffered damages as a result of the company’s acts or omissions and the company is unable to raise a legal warranty as a defence against such liability, as the legal warranty is found to be unenforceable. Thereafter the study will discuss the measures available to the company where the company is found liable to the third party for the aforementioned damages and the company wishes to mitigate its losses in this regard. Such measures shall include director insurance as well as the recovery of such liability against a director, in the director’s personal capacity, where the company either does not have director insurance or is unable to enforce the director insurance due to the actions of a director. In order to determine the director’s accountability to the company in this regard an assessment is made of the duties imposed on a director in terms of the common law and Companies Act 71 of 2008 to establish whether such duties are wide enough to include a duty on the director to ensure legal warranties he/she plays a part in implementing are enforceable. / Mercantile Law / LL. M. (Corporate Law)