3,018 research outputs found

    Individual Employment Rights Arbitration in the United States: Actors and Outcomes

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    The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of a significant repeat employer-arbitrator pair effect; employers that use the same arbitrator on multiple occasions win more often and have lower damages awarded against them than do employers appearing before an arbitrator for the first time. The authors find that self-represented employees tend to settle cases less often, win cases that proceed to a hearing less often, and receive lower damage awards. Female arbitrators and experienced professional labor arbitrators render awards in favor of employees less often than do male arbitrators and other arbitrators

    Comparing Mandatory Arbitration and Litigation: Access, Process, and Outcomes

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    [Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee win rates and smaller damage amounts than typical in litigation. Existing studies, however, have not been able to account for differences in the types of cases that are heard in arbitration. In particular, previous work has not been able to systematically compare outcomes in arbitration and litigation in the same study. In this study, we take a new approach to investigating mandatory arbitration that allows us to do a systematic comparison of arbitration and litigation, accounting for key factors that differentiate between the types of cases brought in these forums. We do this by collecting survey data on a comparable sample of arbitration and litigation cases from attorneys involved in those cases. We also investigate the overall experiences of the attorneys in representing plaintiff employees in mandatory arbitration and litigation. The ability to obtain and finance legal representation is a crucial, yet understudied aspect of the system of enforcement of employment rights. Absent the ability to obtain effective representation, employees may be unable to pursue and win cases even where their statutory rights have been violated. One of the potential benefits held out for arbitration compared to litigation is that it could provide a cheaper, more accessible forum to allow employee claims to be heard and adjudicated. It is certainly the case that existing research indicates many limitations of the litigation system, particularly the relatively poor outcomes obtained by plaintiff employees compared to other litigants. What we are able to investigate empirically in this study is whether mandatory arbitration ameliorates some of the limitations of the litigation system or whether it is equally or even more limited in its accessibility

    Preliminary design study - Oxidizer tank helium pressure regulator, Flox-Atlas, airborne Final report

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    Oxidizer tank helium pressure regulator compatible with fluorine-liquid oxyge

    High-Z Non-Equilibrium Physics and Bright X-ray Sources with New Laser Targets

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    IMPLEMENTING A HIGH-INTERACTION HYBRID HONEYPOT FOR FACILITY AUTOMATION SYSTEMS

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    Operational technology includes environments such as industrial control systems, building-automation systems, and transportation systems. With the rising trend of cyberattacks against these systems, operational technology needs better methods to increase security without costly redesigns of existing systems. We developed a high-interaction hybrid honeypot that uses reverse-proxy technology with commercial building-automation software and equipment to deceive attackers with real (not simulated) data. Our Web proxy monitors and intercepts malicious requests to manipulate target equipment, and deploys deceptive tactics such as sending fake HTTP acknowledgments and modifying webpages to include misleading information. Our results showed the effectiveness of this method in a controlled environment. This deception technique offers a new low-cost approach to defend building-automation systems in industries and the United States government, including the Department of Defense, from evolving cyber threats.Approved for public release. Distribution is unlimited.Outstanding ThesisLieutenant, United States NavyOUSD (R&E), Washington, DC 2030

    Report of Committee on Unauthorized Practice

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    We again urge all members of the Bar who are interested in curbing the unauthorized practice of the law to submit to the local committee or to the general committee all competent evidence that they might have showing any instance of unauthorized practice. We merely urge that the lawyer submitting the instances be sure that he gives us evidence or facts and not merely rumors, upon which we can at least open communication with the parties in question. If for any reason a lawyer would be embarrassed if it became known that he was making such reports, the committee gives assurance that his name will not be divulged; that the information forwarded will be used to make direct contact with the party in question and endeavor to convince him of the evil of his ways. In this method real results have been accomplished. If this does not produce results, then more drastic steps may be taken when the evidence is strong and clear and action had without violating professional confidences. The success of the efforts of this committee will be measured entirely by the extent of the cooperation and support it receives from the members of the Bar

    FY2011 Annual Report on DTRA Basic Research Project #BRCALL08-Per3-C-2-0006

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    Preliminary design study - Oxidizer tank relief valve, Flox-Atlas airborne Final report

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    Protecting fluorine-liquid oxygen Atlas launch vehicle oxidizer tank against overpressurizatio

    A grounded theory study of the leadership characteristics of John F. Kennedy: a leadership model for educational leaders

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    Adverse challenges in schools that distract from student learning have necessitated effective leadership more than ever before. These challenges include, but are not limited to, budget cuts, standardized testing, poorly trained teachers, poverty, and low parent participation. Every school year academic administrators approach the aforementioned challenges with the hope of improving student achievement. However, without effective practices to foster and sustain student achievement, often, their efforts are in vain. As school districts recruit and deploy leaders, it is critical to select those who have passion to foster positive change. It is equally important to hire administrators who possess those characteristics essential for effective leadership. There is a myriad of existing leadership models, theories and applications for school leaders, who strive to further develop their leadership approach. However, many of the historical models identified in literature do not encompass the leadership characteristics of John F. Kennedy. Although he has been noted as a remarkable leader, many of the historical models lack his characteristics, as identified in literature and other resources. Kennedy was known for his lifelong abilities to make leadership look effortless and to see obstacles as opportunities. The intent of this grounded theory qualitative study is to examine the leadership characteristics of John F. Kennedy and to use his characteristics as a construct for an alternative leadership model for education practitioners. This researcher has utilized grounded theory methodology to study a particular situation through systemic data collection and analysis to develop a theoretical model. Specifically, this study serves 2 purposes: identify John F. Kennedy\u27s leadership characteristics and provide a new paradigm in school administrative management. The model will function as a tool for education practitioners who seek to overcome obstacles, restructure and eradicate ineffective practices. This study illustrates relevant literature to reveal existing historic models and definitions of effective leadership. Additionally, through biographical analysis and summaries of events, it focuses on Kennedy\u27s leadership practices as documented in the literature. Ultimately, the findings of this study provide the scaffold for Kennedy\u27s Leadership Model for Education Practitioners

    Building Collaboratives with Southern Rural African American Churches through the Integration of the Interorganizational Collaborative Framework

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    The rural Black church often plays an important role in the lives of many African Americans and frequently functions as an informal helping network in meeting emergency service needs for this group. This article provides a review of the constructs of the Bailey and McNalley-Koney Interorganizational Community-Based Collaborative Framework. Additionally, this paper explores action-oriented measures for integrating constructs into practice to build interorganizational collaboratives with southern rural African American churches
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