The selection of UCEs is one of the most critical functions of the safeguard team.
Specifically, the assessor and counselor provide the candidate with information regarding the qualities and traits that distinguish effective UCEs, the stressors that they commonly face, the possible pitfalls of undercover work, and the skills and abilities critical to success in undercover roles.
By speaking with candidates and novice UCEs openly and frankly regarding the hazards associated with undercover work, the safeguard team promotes the self-awareness and mental preparation needed for them to remain resilient in the face of expected and unexpected stressors.
inspired Smits, an ecologist, to help save other orangutans.
(57) Also, the Act imposes sanctions on persons sending UCE from addresses which they have registered using false information which does not accurately identify themselves.
The first prong of the Central Hudson test requires a court to review whether commercial speech, in this case the UCE, receives protection under the First Amendment.
Since fraudulent and misleading UCE is not protected as commercial speech under the First Amendment, courts have approved civil and criminal actions against senders of false and misleading UCE under other common law and statutory provisions.
The most (cost) effective defense against this practice, aside from amending the UCE statute to make it less useful to this type of plaintiffs' attorney or pushing through federal legislation that pre-empts the statute, (4) is to persuade a court to strike down the statute on constitutional grounds.
Because UCE statutes do not typically or expressly discriminate openly against out-of-state interests, the protectionist test is not practical.