Fiduciary Discretion

Discretion is an important feature of all contractual relationships. In this Article, we rely on incomplete contract theory to motivate our study of discretion, with particular attention to fiduciary relationships. We make two contributions to the substantial literature on fiduciary law. First, we describe the role of fiduciary law as “boundary enforcement,” and we urge courts to honor the appropriate exercise of discretion by fiduciaries, even when the beneficiary or the judge might perceive a preferable action after the fact. Second, we answer the question, how should a court define the boundaries of fiduciary discretion? We observe that courts often define these boundaries by reference to industry customs and social norms. We also defend this as the most sensible and coherent approach to boundary enforcement

Fiduciary Discretion

Discretion is an important feature of all contractual relationships. In this Article, we rely on incomplete contract theory to motivate our study of discretion, with particular attention to fiduciary relationships. We make two contributions to the substantial literature on fiduciary law. First, we describe the role of fiduciary law as “boundary enforcement,” and we urge courts to honor the appropriate exercise of discretion by fiduciaries, even when the beneficiary or the judge might perceive a preferable action after the fact. Second, we answer the question, how should a court define the boundaries of fiduciary discretion? We observe that courts often define these boundaries by reference to industry customs and social norms. We also defend this as the most sensible and coherent approach to boundary enforcement

Mechanical Demands of the Hang Power Clean and Jump Shrug: A Joint-level Perspective

The purpose of this study was to investigate the joint- and load-dependent changes in the mechanical demands of the lower extremity joints during the hang power clean (HPC) and the jump shrug (JS). Fifteen male lacrosse players were recruited from an NCAA DI team, and completed three sets of the HPC and JS at 30%, 50%, and 70% of their HPC 1-Repetition Maximum (1-RM HPC) in a counterbalanced and randomized order. Motion analysis and force plate technology were used to calculate the positive work, propulsive phase duration, and peak concentric power at the hip, knee, and ankle joints. Separate three-way analysis of variances were used to determine the interaction and main effects of joint, load, and lift type on the three dependent variables. The results indicated that the mechanics during the HPC and JS exhibit joint-, load-, and lift-dependent behavior. When averaged across joints, the positive work during both lifts increased progressively with external load, but was greater during the JS at 30% and 50% of 1-RM HPC than during the HPC. The JS was also characterized by greater hip and knee work when averaged across loads. The joint-averaged propulsive phase duration was lower at 30% than at 50% and 70% of 1-RM HPC for both lifts. Furthermore, the load-averaged propulsive phase duration was greater for the hip than the knee and ankle joint. The jointaveraged peak concentric power was the greatest at 70% of 1-RM for the HPC and at 30% to 50% of 1-RM for the JS. In addition, the joint-averaged peak concentric power of the JS was greater than that of the HPC. Furthermore, the load-averaged peak knee and ankle concentric joint powers were greater during the execution of the JS than the HPC. However, the loadaveraged power of all joints differed only during the HPC, but was similar between the hip and knee joints for the JS. Collectively, these results indicate that compared to the HPC the JS is characterized by greater hip and knee positive joint work, and greater knee and ankle peak concentric joint power, especially if performed at 30 and 50% of 1-RM HPC. This study provides important novel information about the mechanical demands of two commonly used exercises and should be considered in the design of resistance training programs that aim to improve the explosiveness of the lower extremity joints

Effect of atmospheric CO2 enrichment on root growth and carbohydrate allocation of Phaseolus spp.

A glasshouse experiment was conducted with plants of Phaseolus grown in liquid culture. Root growth parameters (biomass, diameter, length, growth rate, zone of cell division), root rheological components (wall extensibility, water potential yield threshold, water potential), shoot growth, carbon allocation, and abscisic acid (ABA) concentration were measured in Phaseolus acutifolius A. Gray at ambient (550 μmol mol−1) and elevated (700 μmol mol−1) atmospheric CO2 concentrations. For contrast, measurements of above‐ and belowground growth were conducted on Phaseolus vulgaris L. in the same treatments. Under nonlimiting conditions of water and nutrients, elevated CO2 increased root and shoot growth of P. acutifolius but not P. vulgaris. While root mass was increased by nearly 60% in P. acutifolius, there was no effect of atmospheric CO2 on any of the rheological components measured. In contrast, starch and ABA accumulated in roots of P. acutifolius. The concentration of starch in roots of P. acutifolius increased by 10‐fold, while root concentrations of ABA doubled. From the data it is concluded that CO2 enrichment is favorable for root growth in some species in that more carbon is allocated to belowground growth. In addition, ABA may play a role in growth responses and/or allocation of photosynthates at elevated CO2 in P. acutifolius

Quaternary sea level changes in Scotland

This paper summarises developments in understanding sea level change during the Quaternary in Scotland since the publication of the Quaternary of Scotland Geological Conservation Review volume Quaternary of Scotland in 1993. We present a review of progress in methodology, particularly in the study of sediments in isolation basins and estuaries as well as in techniques in the field and laboratory, which have together disclosed greater detail in the record of relative sea level (RSL) change than was available in 1993. However, progress in determining the record of RSL change varies in different areas. Studies of sediments and stratigraphy offshore on the continental shelf have increased greatly, but the record of RSL change there remains patchy. Studies onshore have resulted in improvements in the knowledge of rock shorelines, including the processes by which they are formed, but much remains to be understood. Studies of Late Devensian and Holocene RSLs around present coasts have improved knowledge of both the extent and age range of the evidence. The record of RSL change on the W and NW coasts has disclosed a much longer dated RSL record than was available before 1993, possibly with evidence of Meltwater Pulse 1A, while studies in estuaries on the E and SW coasts have disclosed widespread and consistent fluctuations in Holocene RSLs. Evidence for the meltwater pulse associated with the Early Holocene discharge of Lakes Agassiz-Ojibway in N America has been found on both E and W coasts. The effects of the impact of storminess, in particular in cliff-top storm deposits, have been widely identified. Further information on the Holocene Storegga Slide tsunami has enabled a better understanding of the event but evidence for other tsunami events on Scottish coasts remains uncertain. Methodological developments have led to new reconstructions of RSL change for the last 2000 years, utilising state-of-the-art GIA models and alongside coastal biostratigraphy to determine trends to compare with modern tide gauge and documentary evidence. Developments in GIA modelling have provided valuable information on patterns of land uplift during and following deglaciation. The studies undertaken raise a number of research questions which will require addressing in future work

2021-2022 Statewide Utah Angler Survey Report

Continuing an effort that dates to 1967, we collected data through a statewide survey of licensed anglers in an effort to understand their preference and behaviors. Anglers were surveyed across the state of Utah, as well as nonresident anglers who purchased a Utah fishing license. This research was guided by objectives developed by the Division of Wildlife Resources (DWR) as and our research team at the Institute of Outdoor Recreation and Tourism at Utah State University. In the report, we provide statewide statistics and comparisons between the DWRs five management regions. The objectives and key findings are:Objective 1. Define the characteristics of Utah anglersObjective 2. Produce a snapshot of angling in Utah over a 12-month periodObjective 3. Identify what motivates Utah anglersObjective 4. Identify what fish species anglers expected to catch, caught, and prefer to catchObjective 5. Gauge anglers’ perceptions and knowledge of native and nonnative fish species in UtahObjective 6. Explore Utah anglers’ perceptions of, and experiences with, crowdingObjective 7. Identify potential areas where managers can create or promote opportunities for Utah anglers to combine recreational activities to enhance the angling experienceThe report provides tables and figures and explanations pertaining to each of the research objectives outlined above. In addition, statewide and regional statistics are provided to showcase the unique trends associated with Utah anglers and angling resources in Utah

Integrating Moral Norms and Stewardship Identity Into the Theory of Planned Behavior to Understand Altruistic Conservation Behavior Among Hunters in Southwestern Utah (USA)

We integrate moral norms and stewardship identity into the Theory of Planned Behavior (TPB) to predict the use of non-lead ammunition in the California condor recovery zone of southwestern Utah. Data were collected from licensed hunters via an online survey. Structural equation models of the TPB without and with the moral norms and stewardship identity constructs were compared to evaluate the utility of integrating these constructs into the TPB. Moral norms did have a significant direct influence on hunters’ behavioral intentions. Both moral norms and stewardship identity had significant indirect influences on behavioral intentions via the core constructs of the TPB. The inclusion of moral norms and stewardship identity into the TPB marginally improved model fit and predictive power. Managers can emphasize a moral obligation to use non-lead ammunition and tap into hunters’ desire to steward the landscape and the hunting tradition in their communication and outreach efforts

Use of Redox Probes for Characterization of Layer-by-Layer Gold Nanoparticle-Modified Screen-Printed Carbon Electrodes

The electrochemical characteristics of bare and surface-modified screen-printed carbon electrodes (SPCEs) were compared using voltammetric responses of common redox probes to determine the potential role of nanomaterials in previously documented signal enhancement. SPCEs modified with gold nanoparticles (AuNPs) by layer-by-layer (LbL) electrostatic adsorption were previously reported to exhibit an increase in voltammetric signal for Fe(CN)63−/4− that corresponds to an improvement of 102% in electroactive surface area over bare SPCEs. AuNP-modified SPCEs prepared by the same LbL strategy using the polycation poly(diallyldimethylammonium chloride) (PDDA) here were found to provide no beneficial increase in electroactive surface area over bare SPCEs. Though similar improvement in voltammetric signal of Fe(CN)63−/4− was found for AuNP/PDDA-modified compared to bare SPCEs in these studies, results with other redox couples ferrocene methanol (FcMeOH/FcMeOH+) and Ru(NH3)63+/2+ indicated no difference between the electroactive surface areas of modified and bare SPCEs. Furthermore, gold present on AuNP/PDDA-modified SPCEs accounted for only 62 (±12)% of the electroactive surface area. The previously reported improvement in electroactive surface area that was attributed to the inclusion of AuNPs on the SPCE surface appears to have resulted from a misinterpretation of the non-ideal behavior of Fe(CN)63− as a redox probe for bare SPCEs

Locked Out: Education, Jobs and Justice - A Message to the Next President; Executive Summary and Key Findings

During the 2016 State of Black America Launch Event, attendees were given an informative overview of this year's State of Black America. The State of Black America is the National Urban League's seminal annual publication now in its 40th edition. It is one of the most highly-aniticpated benchmarks and sources for thought leadership around racial equality in America across economics (including employment, income and housing), education, health, social justice and civic engagement. Share the Executive Summary with your networks and let them know to visit www.stateofblackamerica.org to download the full report