824 research outputs found

    COMMERCE AND TRADE Selling and Other Trade Practices: Provide for Standing, Damages, Burden of Proof, and Venue; Prohibit Franchisor from Requiring a Dealer to Acquire or Transfer a Line of Automobiles; Prohibit Franchisors from Operating, Owning or Controlling Certain Dealerships; Restrict Franchisor Activity in Relevant Market Area of Existing Dealerships; Provide for Injunctions Against Prohibited Franchisor Acts; Restrict Ownership, Operation and Control of Dealerships by Manufacturers and Franchisors; Prohibit Manufacturers and Franchisors from Unfairly Competing with Dealers

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    The Act changes the definitions of dealer and franchise and adds a definition for relevant market area. It provides for the filing of petitions with the Department of Revenue. It provides for standing, damages, burden of proof, and venue in actions under this Article. The Act provides for the change in management or sale or transfer of a dealership. It further allows a franchisor to limit such a change, sale, or transfer. The Act makes it unlawful for a franchisor to require a dealer to acquire or transfer a line of automobiles if the dealer does not agree. It prohibits a franchisor from denying payment of certain dealer claims. The Act limits the time during which franchisors may audit dealers. It requires franchisors to send invoices to dealers under certain circumstances. The Act prohibits a franchisor from operating, owning, or controlling certain dealerships. The Act allows a franchisor to limit its dealers and franchisees from adding or acquiring a franchise for another make of automobile. It clarifies provisions regarding prohibited acts by manufacturers. It restricts a franchisor\u27s ability to establish a new dealership or relocate a current dealership in the relevant market area of an existing dealership. This Act allows petitions to enjoin or prohibit such actions by a franchisor and establishes provisions for challenging the establishment or relocation of a dealership in an existing relevant market area. This Act sets forth criteria for determining when a new or current dealership may be established in an existing dealer\u27s relevant market area. It places certain restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors. It prohibits a manufacturer from unfairly competing with dealers. It also provides for an automatic repeal of certain provisions

    COMMERCE AND TRADE Selling and Other Trade Practices: Provide for Standing, Damages, Burden of Proof, and Venue; Prohibit Franchisor from Requiring a Dealer to Acquire or Transfer a Line of Automobiles; Prohibit Franchisors from Operating, Owning or Controlling Certain Dealerships; Restrict Franchisor Activity in Relevant Market Area of Existing Dealerships; Provide for Injunctions Against Prohibited Franchisor Acts; Restrict Ownership, Operation and Control of Dealerships by Manufacturers and Franchisors; Prohibit Manufacturers and Franchisors from Unfairly Competing with Dealers

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    The Act changes the definitions of dealer and franchise and adds a definition for relevant market area. It provides for the filing of petitions with the Department of Revenue. It provides for standing, damages, burden of proof, and venue in actions under this Article. The Act provides for the change in management or sale or transfer of a dealership. It further allows a franchisor to limit such a change, sale, or transfer. The Act makes it unlawful for a franchisor to require a dealer to acquire or transfer a line of automobiles if the dealer does not agree. It prohibits a franchisor from denying payment of certain dealer claims. The Act limits the time during which franchisors may audit dealers. It requires franchisors to send invoices to dealers under certain circumstances. The Act prohibits a franchisor from operating, owning, or controlling certain dealerships. The Act allows a franchisor to limit its dealers and franchisees from adding or acquiring a franchise for another make of automobile. It clarifies provisions regarding prohibited acts by manufacturers. It restricts a franchisor\u27s ability to establish a new dealership or relocate a current dealership in the relevant market area of an existing dealership. This Act allows petitions to enjoin or prohibit such actions by a franchisor and establishes provisions for challenging the establishment or relocation of a dealership in an existing relevant market area. This Act sets forth criteria for determining when a new or current dealership may be established in an existing dealer\u27s relevant market area. It places certain restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors. It prohibits a manufacturer from unfairly competing with dealers. It also provides for an automatic repeal of certain provisions

    Equity under the knife: justice and evidence in surgery.

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    Surgery is an increasingly common and expensive mode of medical intervention. The ethical dimensions of the surgeon-patient relationship including respect for personal autonomy and informed consent are much discussed, but broader equity issues have not received the same attention. This paper extends the understanding of surgical ethics by considering the nature of evidence in surgery and its relationship to a just provision of healthcare for individuals and their populations. Keywords: Surgery; Equity; Justice; Evidence; Health technology assessments; Public health ethic

    Understanding Corporate Responsibility: Culture and Complicity

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    Kipnis's fictional account of the televised treatment of Elaine Robbins clearly shows the surgeon's negligence (Kipnis 2011). The problems with Anodyne's support for the telesurgery breakfast are harder to discern, but show up clearly when we take into consideration how surgical evidence is generated, evaluated, and used by surgeons. Current evidentiary practices in surgery have two major weaknesses, related to the epistemic culture of surgery and to practices of knowledge transmission. We argue that this is a systemic problem, which companies such as Anodyne both contribute to and benefit from. Thus, while we agree with Kipnis's claim that Anodyne is complicit in creating “conditions of danger,” we believe that Anodyne's contributory roles extend beyond creating moral hazards for susceptible surgeons and harms for individual patients. The Epistemic Culture of Surgery By the epistemic culture of surgery, we mean the traditions and practices surrounding the generation, transmission, and uptake of new knowledge in surgery. The traditional research-totreatment pathway starts with a series of clinical trials to test the safety and efficacy of a new drug or device. Such research results are communicated to practitioners via publications in reputable peer-reviewed journals, and used by regulatory bodies such as the U.S. Food and Drug Administration in decisions about whether to approve use of the novel treatment. For several reasons this ideal pathway does not function well in surgery

    Equity under the knife: justice and evidence in surgery.

    Get PDF
    Surgery is an increasingly common and expensive mode of medical intervention. The ethical dimensions of the surgeon-patient relationship including respect for personal autonomy and informed consent are much discussed, but broader equity issues have not received the same attention. This paper extends the understanding of surgical ethics by considering the nature of evidence in surgery and its relationship to a just provision of healthcare for individuals and their populations. Keywords: Surgery; Equity; Justice; Evidence; Health technology assessments; Public health ethic

    Understanding Corporate Responsibility: Culture and Complicity

    Get PDF
    Kipnis's fictional account of the televised treatment of Elaine Robbins clearly shows the surgeon's negligence (Kipnis 2011). The problems with Anodyne's support for the telesurgery breakfast are harder to discern, but show up clearly when we take into consideration how surgical evidence is generated, evaluated, and used by surgeons. Current evidentiary practices in surgery have two major weaknesses, related to the epistemic culture of surgery and to practices of knowledge transmission. We argue that this is a systemic problem, which companies such as Anodyne both contribute to and benefit from. Thus, while we agree with Kipnis's claim that Anodyne is complicit in creating “conditions of danger,” we believe that Anodyne's contributory roles extend beyond creating moral hazards for susceptible surgeons and harms for individual patients. The Epistemic Culture of Surgery By the epistemic culture of surgery, we mean the traditions and practices surrounding the generation, transmission, and uptake of new knowledge in surgery. The traditional research-totreatment pathway starts with a series of clinical trials to test the safety and efficacy of a new drug or device. Such research results are communicated to practitioners via publications in reputable peer-reviewed journals, and used by regulatory bodies such as the U.S. Food and Drug Administration in decisions about whether to approve use of the novel treatment. For several reasons this ideal pathway does not function well in surgery

    STABILIZATION BY ADAPTIVE FEEDBACK CONTROL FOR POSITIVE DIFFERENCE EQUATIONS WITH APPLICATIONS IN PEST MANAGEMENT

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    An adaptive feedback control scheme is proposed for stabilizing a class of forced nonlinear positive difference equations. The adaptive scheme is based on so-called high-gain adaptive controllers and contains substantial robustness with respect to model uncertainty as well as with respect to persistent forcing signals, including measurement errors. Our results take advantage of the underlying positive systems structure and ideas from input-to-state stability from nonlinear control theory. Our motivating application is to pest or weed control, and in this context the present work substantially strengthens previous work by the authors. The theory is illustrated with examples

    From Spinning Silk to Spreading Saliva: Mouthpart Remodeling in Manduca sexta (Lepidoptera: Sphingidae)

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    As a model organism, the tobacco hornworm Manduca sexta (Linnaeus 1763) has contributed much to our knowledge of developmental processes in insects, and major developmental changes between different larval instars are generally well understood. Second and later instars of M. sexta do not produce silk, and their spinneret and accessory labial glands (=Lyonet’s glands), structures thought to be key players in silk production in other lepidopterans, are highly reduced. To our knowledge, mouthparts and labial gland morphology of the silk-producing first instar have never been described. In this study, we compared the mouthpart morphology and transcriptome profile of first and later instars of M. sexta to determine whether the loss of silk production correlates with changes in the structure of the spinneret and the labial glands, and with changes in expression of silk-related genes. We found that the first instar, unlike later instars, has a typical, silk-producing spinneret with a tube-like spigot and well developed Lyonet’s glands. Moreover, three known silk protein genes are highly expressed in the first instar but exhibit little to no expression in the embryo or later instars. Thus, the changes in morphology and gene expression presented here, coinciding with changes in larval behavior from silk production to saliva spreading, further our understanding of the developmental processes underlying this transition in this model organism

    Towards practice-based studies of HRM: an actor-network and communities of practice informed approach

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    HRM may have become co-terminus with the new managerialism in the rhetorical orthodoxies of the HRM textbooks and other platforms for its professional claims. However, we have detailed case-study data showing that HR practices can be much more complicated, nuanced and indeed resistive toward management within organizational settings. Our study is based on ethnographic research, informed by actor-network theory and community of practice theory conducted by one of the authors over an 18-month period. Using actor-network theory in a descriptive and critical way, we analyse practices of managerial resistance, enrolment and counter-enrolment through which an unofficial network of managers used a formal HRM practice to successfully counteract the official strategy of the firm, which was to close parts of a production site. As a consequence, this network of middle managers effectively changed top management strategy and did so through official HRM practices, coupled with other actor-network building processes, arguably for the ultimate benefit of the organization, though against the initial views of the top management. The research reported here, may be characterized as a situated study of HRM-in-practice and we draw conclusions which problematize the concept of HRM in contemporary management literature
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