Rebuilding Yonkers: How Open Government Laws Are Helping Level the Playing Field in the City of Hills

This article will explore some examples of how people in Yonkers have used FOIL and the Open Meetings Law as effective tools to level the playing field in the city of hills and, in doing so, help the city move in a more positive direction

West Virginia Corporate Law: Is It Broke ?

We are all familiar with the cliche if it ain\u27t broke, don\u27t fix it. The sentiment is as applicable to law as it is to the rest of life. When a law does what it is intended to do, legislators and courts should leave it alone. However, when a law no longer serves its intended purpose, it is broke, and should be revised. The question is whether West Virginia\u27s corporate law is broke. In 1974, the West Virginia Legislature adopted the West Virginia Corporation Act (the Act ).\u27 The Act brought then modem standards of corporate law to West Virginia. Since that adoption, corporate law in West Virginia has remained virtually unchanged However, the model codes on which the Act was based have been substantially revised to reflect changes in business practices.3 Consequently, the Act no longer reflects modem standards of corporate law. The failure to keep pace with the evolving standards of corporate law is particularly interesting in light of the fact that the legislature has continually adopted and revised other business entity laws in the state to keep pace with modem standards.4 A corporate law that reflects less than modem standards does not necessarily translate into a broken corporate law. Modem standards of corporate law are not necessarily appropriate for West Virginia. It does, however, suggest that the time has come to reevaluate the Act. This Article begins that process

Limited Liability Company Citizenship: Reconsidering an Illogical and Inconsistent Choice

The trend in diversity actions in Federal Court is to rigidly apply the formalistic rules for determining citizenship (aggregate or entity) to deem limited liability companies (LLCs) to have aggregate or partnership citizenship. While the approach is designed to reduce the federal docket; there is no evidence that it works. More importantly, this result-oriented approach is not based on well-reasoned analysis. This approach creates several illogical and inconsistent results. It bears no reflection on modern business realities, it undermines well established principles of law, and it undercuts the purpose for which diversity jurisdiction was established, This article suggests that, just as our ever evolving society forced the formalistic rules of Pennoyer to give way to the more functional approach in International Shoe, it is time for the formalistic rules for determining citizenship to evolve to reflect the modern realities of business organizations like the LLC

The Single Publication Rule: One Action, Not One Law

Recovery in one action under one state\u27s law for violation of the right of publicity-the right to control the commercial use of one\u27s identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits\u27s distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he recovered$2,375,000.6 Bette Midler sued Ford Motor Company for violation of her right of publicity when a television commercial for the Sable, a Ford automobile, imitating her distinctive singing style aired nationwide.7 Under California lav she recovered $400,000. Several similar actions are currently pending. Viola Harris, a New York actress, is suing Sony Pictures Entertainment seeking$250,000 plus punitive damages for violation of her right of publicity. The action followed national advertisements for the Game Show Network which allegedly used Ms. Harris\u27s voice without her consent.9 Another actor, Leonard Tepper, is suing Woody Fraser Enterprises and ABC for over one million dollars for violation of his right of publicity. The action followed national broadcasts by ABC of a television special which allegedly included Mr. Tepper\u27s image without his consent. 0 Both Dennis Rodman and Kareem Abdul-Jabbar have filed suits alleging, among other things, violation of their right of publicity. Still more actions are sure to ensue.\u27 While the right of publicity is currently recognized in half the.states, the other half do not recognize this right as a basis for recovery.\u2

Note on the Kaplan-Yorke dimension and linear transport coefficients

A number of relations between the Kaplan-Yorke dimension, phase space contraction, transport coefficients and the maximal Lyapunov exponents are given for dissipative thermostatted systems, subject to a small external field in a nonequilibrium stationary state. A condition for the extensivity of phase space dimension reduction is given. A new expression for the transport coefficients in terms of the Kaplan-Yorke dimension is derived. Alternatively, the Kaplan-Yorke dimension for a dissipative macroscopic system can be expressed in terms of the transport coefficients of the system. The agreement with computer simulations for an atomic fluid at small shear rates is very good.Comment: 12 pages, 5 figures, submitted to J. Stat. Phy

The Impact of Training and Development Activities on Small Technology Oriented Entrepreneurial Firm Performance

Based on prior research in training and development , planning and performance, and entrepreneurship, it was predicted that formal training and development would play an important role in shaping the strategic planning process and subsequent entrepreneurial firm performance. Data from  73 founder/managers of technology oriented  electronic  businesses were collected and analyzed to determine the impact of T & D on firm performance. More specifically the study investigated  the relationships between training and development, the perceived  benefits of training and development , and the sophistication of a firm' s strategic orientation to planning . Preliminary  results indicate that training and development are related to firm  performance

MBS Connects, Summer 2015

MBS Connects. University of Maine Contents Faculty Notes, p 2 From the Dean, p 3 Students hold business etiquette seminar, p 4 Annual Fund Information, p 5 Awards night recognizes students, faculty, p 5 MBS graduates share sage advice with students, p 6 Student Spotlight: Nicholas Derba, 2016, p 7 MBS Advisory Board, p 7 Alumni Spotlight: Tim Bishop, 1979, p 8 Alumni Spotlight: Ramat Oyetunji, 2005, p 9 Alumni Spotlight: Dianne Grade, 2008, p 10 Alumni Spotlight: Matt Chabe, 2013, p 11 Alumni Spotlight: Carley Soule, 2014, p 12 Student Spotlight: Justin Conant, 2015, p 13 Online MBA program, p 13 Tyler Technologies employees tell it like it is, p 14 Bangor Saving executives take part in business simulation, p 15 Student Spotlight: Ethan Hawes, 2015, p 16 Student Spotlight: David Patrick, 2016, p 18 Student Spotlight: Annabelle Hamilton, 2015, p 19 Student Spotlight: Marcy Hernandez, 2015, p 20 MBS club started, p 20 MBS Ambassadors, p 2

MBS Connects, Vol. 6, Issue 8

MBS Connects. University of Maine Vol. 6, Issue 8 Contents Faculty Notes, p 2 From the Dean, p 3 Relyea teaches in Salzburg, Austria, p 3 2015 graduates find success, p 4 MBS students gain cultural, economic insights in Vietnam trip, p 6 Annual Fund Information, p 7 Faculty Notes, p 8 NFL pros talk about leadership, p 9 MBS Advisory Board, p 9 Four new members to MBS Advisory Board, p 10 Emery joins MBS Advisory Board as communications intern, p 11 UMaine Business Challenge winners announced, p 11 MBS finance society, p 12 Students learn from working professionals at conference, p 13 Alumni Spotlight: Gibrian Foltz 2007, p 14 Alumni Spotlight: Ana Zivanovic-Nenadovic 2008, p 15 Alumni Spotlight: Katie Smith 2013, p 16 Student Spotlight: Amy Lyons 2018, p 17 MBS students showcase research, p 18 MBS students serve as business consultants, p 19 Students learn about personal branding, p 20 Trade fair showcases students’ knowledge about how business is done abroad, p 21 International business competition recap, p 22 Sustainability challenge, p 23 Alumnus discusses digital marketing, p 24 Global warming and business, p 24 MBA student referees wheelchair rugby, p 25 MBS Donors, p 26 May 2015 graduates, p 2

Psychometric Properties of the Family Caregiver Delirium Knowledge Questionnaire

A valid, reliable measure of family caregivers’ knowledge about delirium was not located in the literature; such an instrument is essential to assess learning needs and outcomes of education provided. The purpose of the current study was to (a) develop a family Caregiver Delirium Knowledge Questionnaire (CDKQ) based on the Symptom Interpretation Model; and (b) establish validity and reliability of the measure. The 19-item CDKQ was developed and administered to 164 family caregivers for community-dwelling older adults. Descriptive statistics were examined for all variables. Psychometric testing included confirmatory factor analysis, item-to-total correlations, and internal consistency reliability. A three-factor model provided the best fit for the data. The findings support initial validity and reliability of the CDKQ with family caregivers. Although the CDKQ was developed for use with family caregivers, it has potential for use with other caregivers, such as home health aides

MBS Connects, Winter 2016

MBS Connects. University of Maine Contents Faculty Notes, p 2 From the Dean, p 3 Faculty Notes, p 3 Scratchpad Accelerator, p 4 Faculty Notes, p 5 Broderick takes over VITA, p 6 Graduate organizations merge, p 7 New advisory board member appointed, p 7 Alumni Spotlight: Frank Mazur, 1967, p 8 Alumni Spotlight: Tim Gagnon, 1979, p 9 Alumni Spotlight: Bill Tarvainen, 1983, p 10 Alumni Spotlight: Charles Emery, 1996, p 11 Alumni Spotlight: Scott Rotundo, 1997, p 12 Alumni Spotlight: Chris Washburn CPA, 1997, 1998 (MBA), p 13 Alumni Spotlight: Max Parsons, 2014, p 14 Alumni Spotlight: Terri Bastarache, 2014, p 15 Maine Revenue Services representative speaks to accounting students, p 16 Student News: Students are AMA consultants, p 16 MBA Student Spotlight: Lori Lommler, 2018, p 17 Student Spotlight: Brent Martin, 2016, p 19 Faculty News, p 19 August 2015 MBS graduates, p 2