880 research outputs found

    Summary Creditor Remedies: Going…Going…Gone?

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    In Sniadach v. Family Finance Corporation, the Court effectively held that a summary creditor proceeding amounted to a taking of property without due process of law. This Note examines the summary creditor remedy. After Sniadach, concerted judicial attacks, like those on California’s claim and delivery statutes, and prejudgment attachment proceedings, were made on summary creditor remedies resulting in a broad reading of Sniadach. However, legislatures began enacting exceptions to Sniadach’s rule, such as requiring that seizures benefit the public, be immediate in nature, and have no affect on another’s livelihood. The next case to reach the Supreme Court, Fuentes v. Shevin, was born out of this discord between the legislatures and the courts. Fuentes clarified many issues the Court left ambiguous in Sniadach, but ignored private extrajudicial repossession procedures. Thus, extrajudicial repossession procedures have taken center stage in district courts (such as Adams v. Egley in San Diego District Court). The author concludes that many questions about summary creditor remedies are left to be resolved by the legislatures and courts

    The Doctrine of Preemption and the Illegal Alien: A Case for State Regulation and a Uniform Preemption Theory

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    This Article is intended to explore the propriety of the rulings on section 2805 of the California Labor Code, enacted in 1971. That statute provides in pertinent part: No employer shall knowingly employ an alien who is not entitled to lawful residence in the United States if such employment would have an adverse effect on lawful resident workers. The Author argues that the threshold question in constructing a uniform preemption theory should be whether the relevant subject matter is one which is inherently federal, i.e., it involves an area of law restricted to federal control because of constitutional mandates or absolute necessity

    Геоэкологическая оценка объектов водоснабжения поселка Ванавара (Красноярский край)

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    В работе представлены результаты оценки качества подземных вод нижнетриасового туфогенно-осадочного водоносного комплекса. Данные подземные воды используются для питьевого водоснабжения п. Ванавара. Дана характеристика геологического строения участка, гидрогеологические условия, охарактеризованы геохимические особенности, при которых изменение качественного состава подземных вод происходит в связи с природными процессами. Произведен расчет уровня загрязнения подземных вод под воздействием техногенного воздействия.The paper presents the results of assessing the quality of underground waters of the Lower Triassic tuff-sedimentary aquifer complex. These underground waters are used for drinking water supply in the village of Vanavara. The characteristics of the geological structure of the site, hydrogeological conditions, geochemical features of the territory, in which the change in the qualitative composition of underground water occurs in connection with natural processes, are described. The calculation of the level of pollution of underground water under the influence of man-made impact is made

    The Australian Work Exposures Study: Occupational Exposure to Polycyclic Aromatic Hydrocarbons

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    INTRODUCTION: The aims of this study were to produce a population-based estimate of the prevalence of work-related exposure to polycyclic aromatic hydrocarbons (PAHs), to identify the main circumstances of exposure and to describe the use of workplace control measures designed to decrease those exposures. METHODS: The analysis used data from the Australian Workplace Exposures Study, a nationwide telephone survey which investigated the current prevalence and exposure circumstances of work-related exposure to 38 known or suspected carcinogens, including PAHs, among Australian workers aged 18-65 years. Using the web-based tool OccIDEAS, semi-quantitative information was collected about exposures in the current job held by the respondent. Questions were addressed primarily at tasks undertaken rather than about self-reported exposures. RESULTS: Of the 4,993 included respondents, 297 (5.9%) were identified as probably being exposed to PAHs in their current job [extrapolated to 6.7% of the Australian working population-677 000 (95% confidence interval 605 000-757 000) workers]. Most (81%) were male; about one-third were farmers and about one-quarter worked in technical and trades occupations. In the agriculture industry about half the workers were probably exposed to PAHs. The main exposure circumstances were exposure to smoke through burning, fighting fires or through maintaining mowers or other equipment; cleaning up ash after a fire; health workers exposed to diathermy smoke; cooking; and welding surfaces with a coating. Where information on control measures was available, their use was inconsistent. CONCLUSION: Workers are exposed to PAHs in many different occupational circumstances. Information on the exposure circumstances can be used to support decisions on appropriate priorities for intervention and control of occupational exposure to PAHs, and estimates of burden of cancer arising from occupational exposure to PAHs

    The Australian Work Exposures Study: Occupational Exposure to Lead and Lead Compounds.

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    INTRODUCTION: The aims of this study were to produce a population-based estimate of the prevalence of work-related exposure to lead and its compounds, to identify the main circumstances of exposures, and to collect information on the use of workplace control measures designed to decrease those exposures. METHODS: Data came from the Australian Workplace Exposures Study, a nationwide telephone survey which investigated the current prevalence and circumstances of work-related exposure to 38 known or suspected carcinogens, including lead, among Australian workers aged 18-65 years. Using the web-based tool, OccIDEAS, semi-quantitative information was collected about exposures in the current job held by the respondent. Questions were addressed primarily at tasks undertaken rather than about self-reported exposures. RESULTS: A total of 307 (6.1%) of the 4993 included respondents were identified as probably being exposed to lead in the course of their work. Of these, almost all (96%) were male; about half worked in trades and technician-related occupations, and about half worked in the construction industry. The main tasks associated with probable exposures were, in decreasing order: soldering; sanding and burning off paint while painting old houses, ships, or bridges; plumbing work; cleaning up or sifting through the remains of a fire; radiator-repair work; machining metals or alloys containing lead; mining; welding leaded steel; and working at or using indoor firing ranges. Where information on control measures was available, inconsistent use was reported. Applied to the Australian working population, approximately 6.3% [95% confidence interval (CI) = 5.6-7.0] of all workers (i.e. 631000, 95% CI 566000-704000 workers) were estimated to have probable occupational exposure to lead. CONCLUSIONS: Lead remains an important exposure in many different occupational circumstances in Australia and probably other developed countries. This information can be used to support decisions on priorities for intervention and control of occupational exposure to lead and estimates of burden of cancer arising from occupational exposure to lead

    P2‐540: Polygenetic Risk For Alzheimer’S Disease And Dementia Status

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    Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/153242/1/alzjjalz2019062948.pd

    Occupational exposure to N-nitrosamines and pesticides and risk of pancreatic cancer

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    Objectives Animal evidence shows that N-nitrosamines and similar xenobiotic compounds are pancreatic carcinogens. We aimed to determine whether occupational exposure to N-nitrosamines or to pesticides increases risk of pancreatic cancer development. Methods Participants (504 cases, 643 controls) in a population-based case-control study (The Queensland Pancreatic Cancer Study) provided data on demographic, medical and lifestyle factors and lifetime job histories. Specific questions were asked regarding work in rubber and leather industries, metalworking jobs and occupational or direct use of pesticides on animals or crops. An occupational hygienist reviewed this information (blind to case status) to assess likelihood of exposure to N-nitrosamines and pesticides, and estimated level and frequency of such exposures. Results No associations were found for risk of pancreatic cancer and occupational exposure to N-nitrosamines (OR=0.85, 95% CI 0.51 to 1.42) and no associations were seen with level or frequency of exposure. No associations were observed for ever exposure to pesticides in general (OR=0.90, 95% CI 0.61 to 1.33) or to any of the pesticide subgroups. Stratification by history of cigarette smoking did not change these results. Conclusions This comprehensive analysis of a large case-control study does not support an association between occupational exposure to N-nitrosamines or pesticide use and risk of pancreatic cancer
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