NLRB Jurisdiction over Foreign Governments

In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court\u27s admonition against extraterritorial application of the National Labor Relations Act in the absence of an affirmative intention of the Congress clearly expressed. The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities Act of 19767 (FSIA) inapplicable to its administrative proceedings, it nonetheless believes that the FSIA supports its decision to assert jurisdiction over foreign government employers doing business within the United States. This paper will analyze the Board\u27s new approach in light of both judicial developments under the NLRA and the Act\u27s legislative history. The FSIA also bears examination to determine its applicability to, and possible effect upon, Board determinations involving foreign government employers. The appropriateness of the Board\u27s decision to assert jurisdiction must ultimately be determined in the context of the policies underlying the Board\u27s earlier abstention, the policies now emphasized by the NLRB, and the concerns of the Congress as reflected in its enactment of the FSIA

Extremal Presentations for Classical Lie Algebras

The long-root elements in Lie algebras of Chevalley type have been well studied and can be characterized as extremal elements, that is, elements $x$ such that the image of (\ad x)^2 lies in the subspace spanned by $x$. In this paper, assuming an algebraically closed base field of characteristic not 2, we find presentations of the Lie algebras of classical Chevalley type by means of minimal sets of extremal generators. The relations are described by simple graphs on the sets. For example, for $C_n$ the graph is a path of length $2n$, and for $A_n$ the graph is the triangle connected to a path of length $n-3$.Comment: 26 pages, 6 figure

Recent Decisions

ANTITRUST--Import Restrictions--Import Ban Ordered as Equitable Relief for Violation of Section 7 of the Clayton Act Must Not Discriminate Against Foreign Producers or Reduce Competition ======================= European Communities--Restrictive Trade Practices--Patent Licensing Agreements that Restrict Competition between Member States Without Improving Production or Distribution or Promoting Technical or Economic Progress Violate Article 85 ======================== JURISDICTION--CONTINENTAL SHELF--ABANDONED VESSEL SALVAGED FROM THE SURFACE OF THE UNITED STATES CONTINENTAL SHELF BEYOND TERRITORIAL WATERS IS NOT UNDER JURISDICTION OF UNITED STATES GOVERNMENT =========================== IMMIGRATION--A STATE MAY PROHIBIT THE EMPLOYMENT OF ILLEGAL ALIEN

Legal coercion, respect & reason-responsive agency

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that (a) legal coercion fails to respect individuals as reason-responsive agents; and (b) individuals ought to be respected as such in virtue of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’.The Leverhulme Trust (ECF-2012-032); AHRC (AH/H015655/1

Emotional ratings and skin conductance response to visual, auditory and haptic stimuli

The human emotional reactions to stimuli delivered by different sensory modalities is a topic of interest for many disciplines, from Human-Computer-Interaction to cognitive sciences. Different databases of stimuli eliciting emotional reaction are available, tested on a high number of participants. Interestingly, stimuli within one database are always of the same type. In other words, to date, no data was obtained and compared from distinct types of emotion-eliciting stimuli from the same participant. This makes it difficult to use different databases within the same experiment, limiting the complexity of experiments investigating emotional reactions. Moreover, whereas the stimuli and the participants’ rating to the stimuli are available, physiological reactions of participants to the emotional stimuli are often recorded but not shared. Here, we test stimuli delivered either through a visual, auditory, or haptic modality in a within participant experimental design. We provide the results of our study in the form of a MATLAB structure including basic demographics on the participants, the participant’s self-assessment of his/her emotional state, and his/her physiological reactions (i.e., skin conductance)

Stronger and More Vulnerable: A Balanced View of the Impacts of the NICU Experience on Parents

For parents, the experience of having an infant in the NICU is often psychologically traumatic. No parent can be fully prepared for the extreme stress and range of emotions of caring for a critically ill newborn. As health care providers familiar with the NICU, we thought that we understood the impact of the NICU on parents. But we were not prepared to see the children in our own families as NICU patients. Here are some of the lessons our NICU experience has taught us. We offer these lessons in the hope of helping health professionals consider a balanced view of the NICU's impact on families

UBVRI Light Curves of 44 Type Ia Supernovae

We present UBVRI photometry of 44 type-Ia supernovae (SN Ia) observed from 1997 to 2001 as part of a continuing monitoring campaign at the Fred Lawrence Whipple Observatory of the Harvard-Smithsonian Center for Astrophysics. The data set comprises 2190 observations and is the largest homogeneously observed and reduced sample of SN Ia to date, nearly doubling the number of well-observed, nearby SN Ia with published multicolor CCD light curves. The large sample of U-band photometry is a unique addition, with important connections to SN Ia observed at high redshift. The decline rate of SN Ia U-band light curves correlates well with the decline rate in other bands, as does the U-B color at maximum light. However, the U-band peak magnitudes show an increased dispersion relative to other bands even after accounting for extinction and decline rate, amounting to an additional ~40% intrinsic scatter compared to B-band.Comment: 84 authors, 71 pages, 51 tables, 10 figures. Accepted for publication in the Astronomical Journal. Version with high-res figures and electronic data at http://astron.berkeley.edu/~saurabh/cfa2snIa