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See also Rai 4/10 at 83-84 (patent law should be grounded in innovation policy and economic policy considerations); Stoner 10/30 at 37 (urging implementation of the patent system in ways that take account of economic goals) spasms right upper abdomen buy zanaflex 4 mg line. This section briefly discusses how aspects of the Federal Circuit relate to spasms just before falling asleep purchase 4mg zanaflex with mastercard the balance between competition muscle relaxant tablets zanaflex 4mg on-line, antitrust, and patent policy. Congress created the Federal Circuit "to bring about uniformity of decisions in certain critical areas of the law without the need for Supreme Court review to resolve conflicts between circuits. To this end, the Federal Circuit was given exclusive jurisdiction over appeals from all district courts in cases which arise under the patent laws. A particular need was seen in the field of patents where instability in the law was having a detrimental effect on an important segment of our society, the industrial and business community. This history was written by the Court of Appeals for the Federal Circuit and published by authorization of the U. Judicial Conference Committee on the Bicentennial of the Constitution of the United States. At the time, not all agreed that circuit splits required creation of the Federal Circuit. American Bar Association Section of Intellectual Property Law, Statement of Robert P. Taylor on Behalf of Section of Intellectual Property Law American Bar Association on Competition and Intellectual Property Law and Policy In the Knowledge-Based Economy (7/11/02) 2-3 (noting that there had been a particular problem with the existence of several pockets of "anti-patent" judicial sentiment), at. See generally American Bar Association Section of Antitrust Law, Report on the United States Court of Appeals for the Federal Circuit (Public Comment) 8-14, at. See also Rogan 2/6 at 25 (observing that Congress created the Federal Circuit to promote a more stable patent system through the reduction of jurisdictional splits). Jurisdictional Standards "Determinations about federal jurisdiction require sensitive judgments about congressional intent, judicial power, and the federal system. Jurisdiction and Choice of Law Issues at the Federal Circuit Two legal filters jurisdiction and choice of law affect the cases that the Federal Circuit decides and the law that the Federal Circuit applies in reaching its decisions. It exists when [a] court has cognizance of class of cases involved, proper parties are present, and [the] point to be decided is within the powers of the court. The Federal Circuit has exclusive jurisdiction over appeals from final decisions of district courts, if the district court jurisdiction was "based, in whole or in part, on section 1338. This statement suggests that Congress intended the Federal Circuit to prevent such efforts to use joinder to gerrymander Federal Circuit jurisdiction. The Court applied the "well-pleaded-complaint rule" as governing "arising under" jurisdiction for purposes of § 1338. One practitioner opined that Holmes will narrow Federal Circuit jurisdiction, although to what extent is unclear. The Supreme Court further held that "linguistic consistency" requires that § 1338(a) jurisdiction likewise extends only to those cases in which "patent law is a necessary element of [a]. For example, the "well-pleaded complaint" rule typically applies to complaints as filed. Could Federal Circuit jurisdiction change depending upon the disposal of patent issues after filing but prior to appeal, such as through voluntary withdrawal, dismissal with prejudice, or severance followed by partial final judgments? Kobak 7/11 at 130 (for example, such a party would not want to ask for a declaratory judgment of invalidity, which would provide a basis for Federal Circuit jurisdiction under Christianson, even though declaratory judgments frequently were sought before Holmes). Another question Holmes raises is whether "a patent claim [may] be filed as a separate action in federal court while a separate antitrust action is pending, or must the patent claim be dismissed for nonjoinder. The Breadth of Federal Circuit Jurisdiction another saw Federal Circuit jurisdiction as fairly stable over the years. Choice of Law To understand better the full effect of these jurisdictional matters, we look to choice of law issues. As the American Bar Association Intellectual Property Section noted, "jurisdiction and choice of law are inextricably intertwined as a practical matter, but should be examined independently for clarity. When cases involve both patent and other legal issues, however, choice of law issues necessarily arise. The Federal Circuit must decide whether to apply its own law with respect to the non-patent issues or to apply to those non-patent issues the law of the regional circuit in which the case would have been heard, absent the patent issues. One panelist saw general agreement that the Federal Circuit has expanded its authority over the years. Gordon, the Implications of Federal Circuit Jurisdiction for the Development of Antitrust Law (7/11/02) (slides) at 7, at.
In fact spasms from catheter purchase zanaflex 4 mg amex, when Judge Ratushny conducted the Self Defence Review spasms throughout body purchase zanaflex 2 mg mastercard, she found that approximately twenty to back spasms 22 weeks pregnant 4 mg zanaflex fast delivery thirty of the women serving federal sentences in relation to the deaths of abusive partners had entered guilty pleas and therefore precluded their cases from review. Despite these grim realities, those of us who work with and are allied with women prisoners know very well that those women continue to call upon all of us to do our utmost to ensure that their voices are brought out from behind the walls. It is as a result of their continued perseverance that the rest of us are afforded the privilege of being able to continue to walk with them as they challenge the manner in which they are held captive and imprisoned in Canada. As a result, the Commission decided to conduct a broad-based systemic review of the situation experienced by federally sentenced women, utilizing its authority pur suant to s. Similarly, in addition to being subjected to a discrim inatory classification scheme, women classified as maximum security prisoners and those identified as having cognitive and mental disabilities are not provided with adequate or appropriate carceral placement options. The Commission confirmed that the Canadian government is breaching the human rights of women prisoners by discrimination on the basis of sex, race, and disability. When it comes to the manner in which we treat our most marginalized, that reputation is too often unwarranted. Imagine the results if Canadians decided to ensure that every prisoner learned about the history of the use of criminal law to colonize Aboriginal peoples in order to separate them from their land and culture. What if the government endorsed education for all prisoners about the criminalization of the indigent and homeless through laws prohibiting vagrancy and night walking, while simultaneously failing to condemn the abuse of power and force by police and prison personnel, and the neglect of institutionalized persons? Imagine if we chose to reject current theories of crime and criminality and in stead chose to focus on trying to prevent-and, when unsuccessful punish-those who perpetrate the most harmful behaviors: those who wage war. What about those who hoard essential goods, make excess profits, irresponsibly and negligently handle toxic cargo, crimes against social harmony, economic and/or even governmental order? What would the system look like if we prosecuted and sentenced people for lying while running for office, wrongful use or access to government power and public resources? Too many of us spend our time vibrating between rage and despair as we strive to act in ways that will directly benefit and change the status quo for those most oppressed. In Canada, we urge focus on the Aboriginal women who, by forcing international focus on in adequate housing and other basic human rights on Reserves, and on poisoned land and water, have taken our federal government to the United Nations, causing Cana da to lose its #1 world rating regarding the standard of living of citizens. We urge focus on the workers who led the Winnipeg general strike and other labor leaders who helped define a humane work week-and, equally importantly, helped secure our weekends. We should also honour the lawyers, who were sued, in addition to being cen sured by their so-called professional colleagues, and nearly lost their livelihood when they labeled the racism of the police after they strip- searched three 12 year old girls in a school. And, the many youth, men, and especially the women prisoners who refuse to suc cumb, who will not stand-down or over, but instead walk with their sisters inside. By focusing on initiatives to keep women in the commun ity and facilitate their integration after prison, our member societies work to encourage the Canadian public to embrace abolition and decarceration. Particularly in this time of fiscal re straint, our aim is to retain a proactive focus in order to encourage the development of, and support for, community-based options, rather than pay the human and fis cal costs of our increasing reliance on incarceration. We focus on increasing public awareness of the myriad issues facing women in prison and gradually break down the stereotypes of criminalized women. We think that current international realities demand that we expand our coalition to end imprisonment, making common cause with activists around the world. Just think about what we might achieve if our individual countries alone, let alone collectively and globally, manage to de carcerate women. Indeed, as our allies in and from prison often remind us, the words of an Australian Ab original woman named Lilla Watson best encapsulate and convey the message of our work: If you have come here to help me, you are wasting our time. If you have come here because your liberation is bound up with mine, then let us work together. In what follows, Pilar Maschi, long-time organizer with Critical Resistance reflects on her personal experiences with substance use and the abolitionist potentials for engaging drug users compas sionately. When I started using and people found out about it, people looked at me in a very, very different way, you know what I mean? There [are] so many women and men, also fathers, that are locked up right now that have lost total custody of their children. Some will not see their children again because of getting locked up for addiction. At this point in time pharmaceutical companies are the biggest drug dealers of them all.
Between 198 and 2009 for exampl the n t B 9 muscle spasms 8 weeks pregnant 4 mg zanaflex mastercard, le muscle relaxant parkinsons disease zanaflex 2mg fast delivery, 86 percentag of never-m ge married spasms kidney area discount zanaflex 4mg with visa, 50- to 54-year-old non-Hisp panic white women tripl from 2. Among African Am g merican wom of the same age, the men e percentag increased fourfold fro 6. Non-tradition household and comp family s N nal ds plex structures ar far more c re common than in n the past. This change has importa implicati e ant ions for fami caregivin because a ily ng adult stepchildren may have weaker fee e elings of obli igation and provide less care to their aging stepp p r parents than their parents (P Researc Center, 20 Pew ch 010; Silverst and Gia tein arrusso, 2010 van der Pa et al. Research also shows that divorce negatively impacts the quality of in h e ntergeneratio onal relationsh between older paren and their adult childr and redu hips n nts r ren uces resource transfers fr e rom parents to children (W o Wolf, 2001). In combination, race/ethnicity, low income, and limited education are strongly associated with poor health status and increased functional limitations among older persons (Crimmins and Saito, 2001; Molla et al. Gender and living arrangement are also important correlates of poverty in old age. Compared to men of the same age in every racial and ethnic group, older women have much higher levels of poverty. The share of older women living alone is substantially higher: 42 percent among women ages 75 to 84 and more than half (56 percent) of women ages 85 and older (U. The risk of poor health status and poverty that is associated with living alone is particularly worrisome in light of current trends in marriage, divorce, and family size. Women in the Workforce As discussed in Chapter 4, more than half of family caregivers of older adults are employed. This proportion is increasing, largely driven by the growing numbers of adult daughters and wives who work (Stone, 2015). The percentage of women over age 54 who work, for example, is expected to increase from 35. During the same period, the percentage of working women over age 64-those most likely to be caring for a spouse-is expected to increase from 14. This trend is likely to contribute to the widening gap between the supply and demand for family caregivers of older adults. The United States is undergoing historic demographic changes that have significant implications for current and future policy regarding family caregivers of older adults. Much of the growth in the older population will be among those most likely to need intensive support-people age 80 and older. While the need for caregiving is rapidly increasing, the size of the potential family caregiver "workforce" is shrinking. Current trends in family patterns, including lower fertility, higher rates of childlessness, and increases in divorce and never-married status, portend a shrinking pool of potential caregivers in the near future. Unlike in the past, older adults will have fewer family members to rely on, may be geographically distant from their children and live alone, and are more likely to be unmarried or divorced. The committee has relied heavily on national data on older adults and their family caregivers and projections made by others who have used these data to identify the scope of problems related to family caregiving. As the population of older adults and their caregivers change in diversity, gender, identity, living arrangements, reliance on new technology, and other ways, national data collection needs to change correspondingly. Without adequate data on family caregivers and caregiving, public and private decision makers will not have the evidence base on which to make sound decisions. At a minimum, they underscore the enormous commitment of time that family caregivers contribute to the well-being of the large and growing numbers of older Americans with physical and/or cognitive limitations. Yet it is not clear that Americans understand and appreciate the amount of time and the likely demands of being a caregiver sometime in the future. Raising awareness and public education about the needs and challenges of family caregiving of older adults will be a critical step toward preparing the nation as a whole. However, as older people age, they are increasingly likely to have a physical and/or cognitive impairment that affects their ability to function independently. The demand for caregivers is increasing significantly not only because of the rapid growth in the number of older adults, but also because the faster growing cohort of older adults are those age 80 and older-the age when people are most likely to have a significant physical or cognitive impairment or both. Others have short-term, intensive needs for help with medical and nursing tasks during an acute illness or injury. Caregivers are as diverse as the American population: the nation is undergoing a historic shift in its racial, ethnic, and cultural composition. These changes will affect public attitudes, values, preferences, and expectations regarding family caregiving. Resource constraints have limited the sample size and design of current surveys relevant to family caregiving.
The WateReuse Association will maintain links of the state regulatory sites containing water reuse regulations as links and current regulations are subject to muscle relaxers not working discount zanaflex 4 mg line change by the states muscle relaxant lyrics buy generic zanaflex 2 mg on-line. Regulatory agencies in all 50 states and the District of Columbia were contacted to muscle relaxants for tmj buy zanaflex 2 mg cheap obtain information concerning their current regulations or guidelines governing water reuse. Virgin Islands, American Samoa, and Commonwealth of the Northern Mariana Islands were likewise contacted. Case-By-Case Considerations In states with no specific regulations or guidelines for water reclamation and reuse, projects may still be permitted on a case-by-case basis, such as in Connecticut and Wisconsin. Likewise, some states that do have rules enable consideration of reuse options that are not specifically addressed within their existing rules or regulations. The table identifies those states that have regulations, those with guidelines and those states that currently do not have either. The table also distinguishes between states where the intent of the regulations or guidelines is oversight of water reuse from states where the intent of the regulations or guidelines is to facilitate disposal and water reuse is considered incidental. As of August 2012, 22 states have adopted regulations and 11 states have guidelines or design standards with water reuse as the primary intent. Pacific Insular Area 2012 Guidelines for Water Reuse 4-17 Chapter 4 State Regulatory Programs for Water Reuse Table 4-5 Summary of State and U. Change from 2004 Edition Groundwater Recharge Nonpotable Reuse Agricultural Reuse Food Crops Agricultural Reuse Processed Food Crops and Non-Food Crops Impoundments Unrestricted Impoundments Restricted State Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota - Update New (2) (5) Update (6) Update - - Update New (7) Update (8) (9) Update Update Update Update (10) New (11) Update 2012 Guidelines for Water Reuse Indirect Potable Reuse 4-19 Environmental Reuse No Regulations or Guidelines (1) Industrial Reuse Urban Reuse Unrestricted Urban Reuse Restricted Regulations Guidelines Chapter 4 State Regulatory Programs for Water Reuse Table 4-5 Summary of State and U. Change from 2004 Edition Groundwater Recharge Nonpotable Reuse Agricultural Reuse Food Crops Agricultural Reuse Processed Food Crops and Non-Food Crops Impoundments Unrestricted Impoundments Restricted State Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming (1) (2) (3) (4) Update (12) Update New (13) Update (14) (15) Update Update Specific regulations or guidelines on reuse not adopted; however, reuse may be approved on a case-by-case basis the state had guidelines prior, and now has adopted regulations. Guam has regulations pertaining to Urban Restricted Reuse and Indirect Potable Reuse but they are not regulated by reuse or disposal regulations. This was not reflected in the 2004 guidelines, which indicated that Minnesota had no guidance. Draft regulations have been developed by the Department of Ecology in coordination with Department of Health and formal rules advisory committee. The reclaimed water use statute and formal standards, guidance and procedures adopted in 1997 remain in effect. This case study describes the multiple state agencies that play a role in regulating water reuse in Virginia and the unique aspects of water reuse in the state. This case study describes how the State Departments of Ecology and Health jointly administer the reclaimed water program and the process since 2006 to develop regulations. States such as Arizona, California, Colorado, Florida, Georgia, Hawaii, Massachusetts, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Virginia, Washington, and Wyoming have developed regulations or guidelines and standards that strongly encourage water reuse as a water resources conservation strategy. These states have developed comprehensive regulations or guidelines specifying water quality requirements, treatment processes, or both, for the full spectrum of reuse applications. The objective in these states is to derive the maximum resource benefits of the reclaimed water while protecting the environment and public health. Other states have regulations or guidelines that focus on land treatment of wastewater-derived effluent, emphasizing additional treatment or effluent disposal rather than reuse, even though the effluent may be used for irrigation of agricultural sites, golf courses, or public access lands. When regulations specify application or hydraulic loading rates, the regulations generally pertain to land application systems that are used primarily for additional wastewater treatment for disposal rather than reuse. When systems are developed chiefly for the purpose of land treatment or disposal, the objective is often to dispose of as much effluent on as little land as possible; thus, application rates are often far greater than irrigation demands and limits are set for the maximum hydraulic loading. On the other hand, when the reclaimed water is managed as a valuable resource, the objective is to apply the water according to irrigation needs rather than maximum hydraulic loading, and application limits are rarely specified. There are many differences in the definition and approach to water reuse between states. Due to these differences, the same practice that may be considered reuse in one state may be considered primarily a means of disposal or additional "land treatment" in another. The primary reuse of reclaimed wastewater in South Dakota is by land application to non-food crops. Although South Dakota has some guidelines on land application to food crops, no one is currently doing this. South Dakota also has a few facilities that are 2012 Guidelines for Water Reuse 4-21 Chapter 4 State Regulatory Programs for Water Reuse using infiltration or evaporation/ percolation basins as a component of their wastewater treatment facility, rather than a disposal activity.
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