Fortino v. Quasar Co.: Parent-Right Invocation of Rights for U.S. Subsidiaries of Japanese Companies Under U.S.-Japan Treaty of Friendship, Commerce, and Navigation

This Comment argues that the Seventh Circuit\u27s decision in Fortino undermined the U.S. Supreme Court\u27s holding in Sumitomo Shoji Am., Inc. v. Avigliano. In Sumitomo, the Supreme Court rejected the right to assign defense and unanimously held that U.S. subsidiaries of Japanese companies can not take advantage of the parent\u27s rights conferred by Article VIII(1). Although not explicit in the Court\u27s published opinion, the Supreme Court precluded the subsidiary\u27s use of Article VIII(1) upon virtually identical facts and arguments as those before the Seventh Circuit and, more specifically, upon the subsidiary\u27s contention that the parent dictated its discriminatory conduct. Part I describes the background of the parent-right invocation principle in the context of an Article VIII(1) defense to Title VII claims against Japanese companies. Part I of this Comment sets forth a detailed analysis of the Sumitomo decision. Finally, Part I discusses the cases which bear on the issue of whether a U.S. subsidiary can invoke its parent\u27s Article VIII(1) rights. Part II discusses the background and holding of the Seventh Circuit\u27s decision Fortino. Part III demonstrates that the Seventh Circuit erred in both finding an Article VIII(1) right to assign and in permitting the subsidiary to invoke its parent\u27s rights to defeat the Title VII claim because neither the FCN Treaty nor the Sumitomo decision permits this result. Part III further illustrates that after finding an Article VIII(1) right to assign, the court erroneously assumed that the parent\u27s system of assignment, rather than the subsidiary\u27s independent conduct, caused the Title VII violation. Finally, Part III demonstrates that the principle of parent-right invocation rests upon inapposite theories, violates fundamental principles of U.S. corporate law, and results in illogical consequences. This Comment concludes that courts should not permit Japanese companies to ignore the corporate form of their U.S. subsidiaries by allowing subsidiaries to invoke their parents\u27 FCN Treaty rights in defense of Title VII claims

Multiquark picture for Lambda(1405) and Sigma(1620)

We propose a new QCD sum rule analysis for the Lambda(1405) and the Sigma(1620). Using the I=0 and I=1 multiquark sum rules we predict their masses.Comment: 5 pages, 3 ps files. Talk given at 11th International Light-Cone School and Workshop : New Directions in Quantum Chromodynamics, and 12th Nuclear Physics Summer School and Symposium (NuSS'99), Seoul, Korea, 26 May - 26 Jun, 199

Second order isomorphism: A reinterpretation and its implications in brain and cognitive sciences

Shepard and Chipman's second order isomorphism describes how the brain may represent the relations in the world. However, a common interpretation of the theory can cause difficulties. The problem originates from the static nature of representations. In an alternative interpretation, I propose that we assign an active role to the internal representations and relations. It turns out that a collection of such active units can perform analogical tasks. The new interpretation is supported by the existence of neural circuits that may be implementing such a function. Within this framework, perception, cognition, and motor function can be understood under a unifying principle of analogy

Determinants of Labor Market Outcomes of Disabled Men Before and After the Americans with Disabilities Act of 1990

The study compares the labor market experience of men with disabilities before and after the Americans with Disabilities Act of 1990. The handful of studies that have focused on the wage impact of disabilities have either not fully incorporated the probability of employment into the analysis or have not correctly decomposed the wage differences in light of selectivity corrections. After estimating a two-stage model of the probability of employment followed by a wage equation for men with and without disabilities, I use Newman and Oaxaca?s (2004) method to correctly decompose the distributions. In addition, I also perform a similar analysis to explain the differentials in employment rates between the non-disabled and disabled. The analyses are performed for samples before and after the passage of the Americans with Disabilities Act of 1990. The results from studies of the Survey of Income Program Participation (SIPP) of 1984, 1990, 1996 and 2001 indicate that the employment and wage gaps between the disabled and the non-disabled have risen sharply over time, both before and after the passage of the ADA. Most of the rise prior to the ADA was attributable to arise in differences that cannot be explained with measurable factors. Nearly all of the rise in the gaps in the 1990s, however, is attributable to factors that can be measured. The unexplained differential has held relatively constant during that period.Discrimination ; ADA

Another Look at the Deterrent Effect of Death Penalty

There is a question whether the execution rate is appropriate to examine the deterrent effect of death penalty. Instead of using execution rate, this paper uses dummy variables to categorize states into different groups and to compare the group mean homicide rates. With U.S. state-level panel data for the period 1995 - 2006, this paper fails to find a significant homicide-reducing effect of death penalty.Death Penalty, Execution, Homicide, Deterrence, Dummy Variable