Law Review - Special Reports


Article Thumbnail A release checklist is a good beginning, but it is only a beginning
Nov 10, 2008
Everyone loves checklists, especially when looking at risk management issues. A checklist is a way to ensure you are covering the basics on a regular basis to minimize risk. However, even with a checklist, you can never say “I’ve checked all of the boxes, therefore I’m liability free.”
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Article Thumbnail Legal Issues in First Aid #3: The prescription drug conundrum
Mar 31, 2008
Everyone wants to be prepared, which is the motto the Boy Scouts have been promoting for almost 100 years. Every person who takes a first aid case wants to be a savior, to bring a person home alive, to rescue the dying and give the near-dead a second chance at life. Even more, no one wants to feel “if they had only”, they might have saved someone. To meet those personal needs, some first aid instructional programs have started training beyond what is defined as first aid. First aid providers are marketing themselves by saying they teach more than anyone else in the field. That includes teaching the use of prescription drugs and invasive procedures. Many Wilderness First Responder (WFR) programs teach that carrying prescription drugs into the woods is ok or even required to meet the standards of the industry. However industry standards, no matter how well-meaning, cannot violate the law.
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Article Thumbnail Legal Issues in Wilderness First Aid: Value of various first aid certificates and training
Sep 11, 2006
Jim Moss, our SNEWS® Law Review editor, has undertaken a vast research project looking into possible impacts and legal issues presented by current first aid practices and trends in the industry. This editorial is the second in an occasional series of editorials on his findings. There has been a real buzz about the various first aid certificates and training. From a non-legal perspective the best first aid training is the maximum amount of training from the best trainer you can find that works within the operational realities of your program. However, the world is different from a legal perspective.
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Article Thumbnail Yes Virginia, an email can become a contract
Jul 31, 2005
You send an email to a manufacture inquiring about stock quantities and shipping costs. You had a customer inquire about a big multi-unit sale and you want to make sure you can make it happen. The manufacture replies with the information you need in an email. You quickly hit reply and send “hot dog, thanks.” A few days later thousands of dollars of stock arrives, several hours after the customer changed his order and purchased just one unit. Was the manufacture correct in relying on your emails as an order? Can an electronic communication be considered a contract? In this case who knows who will win if the case ever went to court, but one thing is absolutely clear: electronic communications can be recognized as contracts. If you have ordered stock before from the manufacture electronically and/or the agreement you have with the manufacture refers to electronic orders, you now may have a big order to pay for.
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Article Thumbnail Canning the Spam
Feb 23, 2005
How do I love thee? Let me count the ways: by phone, by fax, by the U.S. Postal Service and through the Internet. But what if your love no longer wants to hear from you? You had better follow Elvis’ advice and send her a letter by mail, because anything and everything else is going to get you in hot water.
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Article Thumbnail Wisconsin Supreme Court decision threatens businesses relying on releases
Jan 22, 2005
The Wisconsin Supreme Court, in a decision reminiscent of the 1950’s, effectively invalidated waivers (releases) in Atkins v. Swimwest. In a decision that is going to invalidate all releases in Wisconsin, the Court ruled that a release used by a swim club in conjunction with the registration statement was invalid because it was against public policy.
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Article Thumbnail Are You Protected? The Word on Patents, Trademarks, Copyrights, and More
Oct 23, 2004
Protecting your products, inventions, logos and secrets takes a little insight, plus a lot of wisdom. Our legal expert explains the ins-and-outs.
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