Righting \u3cem\u3eLechmere\u3c/em\u3e\u27s Drift: NLRA Preemption of State Property Law of Easements and Leases

Has the Supreme Court\u27s concern that employers can envelop themselves in a “cordon sanitaire” of parking lots, berms, and strip malls to insulate themselves from employees\u27 lawful union organizing activities finally come true? In the seminal Lechmere, Inc. v. National Labor Relations Board, the Supreme Court interpreted workers\u27 § 7 organizing rights as being inherently limited by state property laws. However, this ruling was effectively limited by the Court\u27s policy concern of not suborning trespass through national labor policy. However, since Lechmere was decided, courts have expressed deference to state property rights, defining easements and related property interests to a degree that have begun to implicate two doctrines of federal labor law preemption, known as Garmon and Machinists preemption. The Seventh Circuit in Roundy\u27s v. National Labor Relations Board had an opportunity to correct this drift by explicitly rejecting the premise of the employer\u27s defense to a charge of unlawful exclusion of union organizers from a shopping center easement. The Board won its case, but the employer\u27s raised defense—reliance on a state statute defining the cause of action of those with injured property interests—is emblematic of the Lechmere drift and presented the court with an opportunity to definitively correct this expansion. This Note explores the Seventh Circuit\u27s decision in Roundy\u27s v. NLRB in light of National Labor Relations Act preemption and state property laws defining the rights of property interest holders, particularly in easements. It suggests that, except for state laws defining trespass, any law that gives non-possessors an interest sufficient to exclude lawful § 7 union organizing activity is preempted under the Machinists doctrine

Participatory Democracy and the Entrepreneurial Government: Addressing Process Efficiencies in the Creation of Land Use Development Agreements

Can the development agreement become a tool for community-based planning? Development agreements and related land use planning instruments have steadily increased in popularity over the last few decades. Standard zoning regimes have proven to be too rigid and inflexible to accommodate the evolving nature of large-scale, and particularly mixed-use, developments. The bilateral nature of development agreements also allows cities and counties to effectively compete for development dollars by crafting incentives. However, this type of ad-hoc planning can run afoul of the reserved powers doctrine and its progeny, and can face vehement political and social opposition. This type of opposition results in process inefficiencies, in the form of unnecessary risk, deleterious delay, and sometimes-disastrous financial losses. This paper considers the various jurisprudential and political challenges facing these types of planning instruments, and offers progressive alternatives that could both allow for flexibility, and better incorporate principles of community empowerment into the planning process. Elements of charettes, community-based research, mutual gains negotiation, and transparency are all considered as elements of a flexible, but still accountable, planning process less susceptible to judicial challenge and less likely to spark political opposition

'For this I was made': conflict and calling in the role of a woman priest

There has been an increasing focus on ‘work as calling’ in recent years, but relatively few empirical sociological accounts that shed light on the experience of performing calling work. Although callings have generally been referred to as positive and fulfilling to the individual and as beneficial to society, researchers have also suggested there is a ‘dark side’ to calling, and have drawn attention to the potential conflicts and tensions inherent in the pursuit of calling, especially for women. This article explores these themes through the first-hand experiences of one woman who felt called to work as a priest. Her narrative illustrates how callings draw the individual irresistibly towards a particular line of work. It also shows how calling work can be both satisfying individually and beneficial to the wider community but, at the same time, involves sacrifice, compromise and a willingness to defer personal rewards

Comparative study of the effect of long-term ageing on the behaviour of bitumen and mastics with mineral fillers

This paper is based on a part of the research project carried out at the request of the German Research Foundation (DFG), under research project No. WE 1642/1-2 and LE 3649/1-2 (FOR2089).This study aims to evaluate the effect of mineral fillers on bitumen ageing. Two different bitumens and four mastics were investigated in the unaged and long-term aged states, based on different properties (consistency, rheology, fatigue resistance and ductility). Mastics stiffened less due to ageing treatment than bitumens, especially with granite filler. However, the results of the performance tests were not definitive regarding the effect of the filler. Aged bitumen showed greater fatigue resistance and higher specific energy of ductile fracture than unaged bitumen, whereas the mastics showed minor variations in the specific energy of ductile fracture with ageing treatment, which is indicative of less ageing, but the fatigue resistance decreased significantly in mastics with one of the bitumens.authorsversionpublishe

The Society of Abdominal Radiology at 10 Years: Reflections, Status Report, and Look to the Future

In 2012, the Society of Abdominal Radiology (SAR) was formed by the merger of the Society of Gastrointestinal Radiologists (SGR) and the Society of Uroradiology (SUR). On the occasion of SAR\u27s ten year anniversary, this commentary describes important changes in society structure, the growth and diversity of society membership, new educational and research initiatives, intersociety and international outreach, and plans for the future

LAYING OF THE CORNER STONE OF THE NEW BUILDING, SEPTEMBER 21ST, 1920

"A transcript of a stone laying ceremony for the new building of the Ontario College of Art (OCAD). Speeches were made by G. A. Howell, J. P. Murray, Sir Edmund Walker, Rev. Canon Cody, Sir Robert Falconer, and the OCA Chairman and discuss the evolution of the school, important school figures, the role of art, and arts education.

Occurrence of Anguilla luzonensis in the Tributaries along the Lagonoy Gulf, Philippines

Anguillids are а valuable fish commodity worldwide. Although Anguilla luzonensis have been abundantly found in the northern Philippines and collected for trade, no available records show that it recruited in the midpart where Lagonoy Gulf, Bicol is situated. In this study, we investigated the occurrence of A. luzonensis in the tributaries along the Lagonoy Gulf, Philippines using molecular tools. Glass eel specimens were collected in 2018–2019 from the Comun river, Albay; the Lagonoy river, Camarines Sur; and the Bato river, Catanduanes. Anguilla luzonensis was first reported in Lagonoy Gulf using molecular analysis. A. luzonensis was the second most abundant species in the Comun and Lagonoy rivers (9.5 and 22.4 %, respectively). Anguilla luzonensis collected from the Comun and Lagonoy rivers did not show a significant difference (FST= 0.00825, p>0.05). Anguilla marmorata was the most dominant species in all tributaries (71.1–98.0 %). In the Comun and Lagonoy rivers, A. bicolor pacifica was the third most abundant species (7.7 and 6.5 %, respectively). In addition, Anguilla celebesensis was only found rarely in the Comun river (0.9 %). This study provides important information for sustainable resource management and effective utilization of the eel species in these regions

Cardiac safety of adjuvant pegylated liposomal doxorubicin with concurrent trastuzumab: a randomized phase II trial

Background The cardiac safety of trastuzumab concurrent with pegylated liposomal doxorubicin (PLD) in an adjuvant breast cancer treatment regimen is unknown. Patients and methods Women with resected node-positive or intermediate-risk node-negative HER2 overexpressing breast cancer and baseline left ventricular ejection fraction (LVEF) ≥55% were randomized (1:2) to doxorubicin 60 mg/m2 (A)+cyclophosphamide 600 mg/m2 (C) every 21 days (q21d) for four cycles or PLD 35 mg/m2+C q21d+trastuzumab 2 mg/kg weekly (H) for 12 weeks. Both groups then received paclitaxel (Taxol, T) 80 mg/m2 with H for 12 weeks followed by H to complete 1 year. The primary end point was cardiac event rate or inability to administer 1 year of trastuzumab. Results Of 181 randomized patients, 179 underwent cardiac analysis. The incidence of cardiac toxicity or inability to administer trastuzumab due to cardiotoxicity was 18.6% [n=11; 95% confidence interval (CI) 9.7% to 30.9%] with A+C → T+H and 4.2% (n=5; 95% CI 1.4% to 9.5%) with PLD+C+H → T+H (P=0.0036). All events, except one, were asymptomatic systolic dysfunction or mildly symptomatic heart failure. Mean absolute LVEF reduction at cycle 8 was greater with doxorubicin (5.6% versus 2.1%; P=0.0014). Conclusion PLD+C+H → T+H is feasible and results in lower early cardiotoxicity rates compared with A+C → T+

Relationships between tumour response and primary tumour location, and predictors of long-term survival, in patients with RAS wild-type metastatic colorectal cancer receiving first-line panitumumab therapy: retrospective analyses of the PRIME and PEAK clinical trials

Background: Data from two trials of panitumumab in metastatic colorectal cancer (mCRC) were retrospectively analysed to investigate the effects of primary tumour location on early-tumour shrinkage (ETS) and depth of response (DpR), and identify factors predicting long-term survival. Methods: Patients with RAS wild-type mCRC from PRIME (NCT00364013) and PEAK (NCT00819780) were included. ETS was defined as a 6530% reduction in the sum-of-the-longest-diameters of measurable target lesions at eight weeks. DpR was the maximum percentage change from baseline to nadir in patients with shrinkage. Univariate and multivariate logistic analyses of short- versus long-term survivor data were performed. Results: A total of 435/559 (78%) patients had left-sided disease. Of these, a higher proportion of patients treated with panitumumab versus comparator achieved ETS (PRIME: 62% vs. 36%; PEAK: 58% vs. 41%); median DpR was also higher with panitumumab (PRIME: 59% vs. 49%; PEAK: 70% vs. 48%). In pooled analyses of the studies, more patients with right-sided disease achieved ETS if treated with panitumumab than comparator (39% vs. 29%). Panitumumab treatment consistently predicted long-term survival. Conclusions: First-line panitumumab was associated with improved ETS and DpR vs. comparator in patients with left-sided mCRC. ETS may identify a subgroup of patients with right-sided disease who might respond to panitumumab