New Use of the Doctrine of Unconscionability to Invalidate Arbitration Agreements in Consumer Contracts, The Note

Manfredi v. Blue Cross and Blue Shield suggests that this old judicial hostility is alive and well in Missouri jurisprudence. In an effort to level the playing field between parties of unequal bargaining power, Missouri courts have applied the unconscionability doctrine as a way to sidestep the United States Supreme Court\u27s asserted policy favoring arbitration over litigation.7 This note considers the new approach of Missouri courts in invalidating arbitration agreements through the doctrine of unconscionability in the consumer context

Supreme Court Issues Notice to Courts: Bifurcated Proceedings Still Required

The United States Supreme Court has made its preference for arbitration widely known through continued declarations of its policy to that effect. In KPMG v. Cocchi, the Supreme Court reaffirmed that preference once again. In that case, however, the Court also found a need to issue a reminder to lower courts that its decision in Dean Witter v. Byrd was still the law of the land. One of the most interesting questions arising from this clear reminder to adhere to precedent is why the Supreme Court felt the need to articulate it at all

Personal tutoring: a recognition of ‘levelness’ in the support for undergraduates

The changing terrain of higher education in the UK, and particularly the greater diversity of the student body, has undoubtedly led to the need for universities to provide greater support, both from frontline teaching staff and in the provision of extra institutional services.  Added to the mix are sectoral concerns for the wellbeing and welfare of the student.  It is therefore unsurprising that we are seeing a renewed focus on, and interest in, personal tutoring.  Taking a qualitative approach, we set out to explore the needs of undergraduate students, on an event management programme, in relation to personal tutoring.  Outlined in this paper are the different senses of personal tutoring as student transition through their course.&nbsp

Working Group on Information Systems and Services-47

No abstract availabl

A review of the literature and knowledge of standards and certification systems in agricultural production and farming systems (NRI working paper series on sustainability standards No. 2)

In this review we closely follow the terms of reference set by RESOLV, with respect to the standards summarised below in Table 1.2, specifically: organic, GlobalGAP, Fairtrade, the Sustainable Agriculture Network standard (known as SAN, and sometimes referred to as the Rainforest Alliance (RA) standard), and Utz Certified), plus two newer standards – the Roundtable on Sustainable Palm Oil (RSPO) and the Roundtable on Responsible Soy (RTRS) standards. In most of the text the discussion focuses on the first five of these standards according to the availability of literature and the length of time that the standards have been in operation (RTRS only published its standard in June 2010 with its first certification in June 2011; RSPO Principles were agreed in 2005 followed by the criteria and indicators agreed 2007 and the first certification took place in 2008). So in section 1 we focus on the market for certified agricultural products exploring trends in supply and demand including reflections on how consumers and companies influence these trends. In section 2 we begin by discussing the evolving methodologies in use to assess impacts of standards and standards systems. Informed by this methodological understanding, we provide a summary of key findings from a variety of studies on particular standards or groups of standards in agriculture. In section 3 we consider the relative effectiveness of certification systems both in relation to each other and compared to other approaches to improving ‘sustainability performance’. Following this in section 4 we discuss communication of the standards to the public and public awareness of different standards. Here we explore the complex relationship with public regulation and also consider ways other than standards which may facilitate improvements. The concluding section summarises the key findings and presents our analysis of the gaps in knowledge that exist. We propose a research agenda that will enhance our understanding of standards and certification systems operating in agriculture, particularly with respect to how they meet their objectives and broader impacts, intended and unintended

Risk Minimization and the Traditional Ahupua'a in Kahikinui, Island of Maui, Hawai'i

Rather than viewing the culture history of Kahikinui, Maui, as a process of gradual population growth and ecological adaptation, this article proposes that the settlement and subsistence system found in the district at European contact was implemented virtually intact in the mid-fifteenth century as a deliberate and conscious chiefly strategy-both to avoid the social risks inherent in increasingly factionalized windward polities and to minimize the environmental risks involved in settling this dry leeward district. By approximately A.D. 1650, the spatial distribution of settlement and the formalization of agricultural field systems suggest the implementation of the ahupua 'a, or traditional Hawaiian community land unit. Kahikinui, located at the fringes of the pre-Contact sociopolitical structure, may have been among the first areas to suffer from the breakdown of the traditional ahupua'a system after European contact in A.D. 1778. KEYWORDS: Hawaiian archaeology, leeward environments, Maui, risk

EOSDIS CMR: Shifting Data Discovery & Use into a Higher Gear

Earth observation data comes in many forms, formats, and from a multitude of sources; to make the best of a very large and diverse data catalog (data from a dozen different national Distributed Active Archive Centers (DAACs) as well as international sources), NASA has created a one-stop-shop for earth data consumers to view, find, and get the data they need regardless of its original source or format, which is powered by a Common Metadata Repository (CMR). CMR is the underpinning that allows for the visualization, search, discovery, manipulation, and acquisition of a variety of datasets, and as such it is constantly evolving to do more and serve our communities better; CMR has embraced community ownership by making itself an open-source API, being compatible with Catalog Services for the Web (CSW) and OpenSearch APIs, and by encouraging the user community to make and share improvements

Mentee Workbook Nutrition and Self-Sufficiency of Adults with Disabilities through a Mentoring Program Curriculum

https://digital.library.ncat.edu/ncatbooks/1001/thumbnail.jp

Nutrition and Self-Sufficiency of Adults with Disabilities through a Mentoring Program Curriculum (Complete)

https://digital.library.ncat.edu/ncatbooks/1002/thumbnail.jp

New Metadata Capabilities within NASA's Common Metadata Repository (CMR)

This talk will convey the new capabilities and features of the UMM-Variables and the UMM-Services metadata model within the Common Metadata Repository (CMR) and how community engagement through the ESDIS Standards Office (ESO) review shaped the new versions of the models. The Unified Metadata Model (UMM) provides a common metadata model to unify legacy systems (i.e. GCMD (Global Change Master Directory), ECHO (Earth Observing System (EOS) Clearinghouse)) with new systems (i.e. CMR). The rationale and migration process of the Service Entry Resource Format (SERF) to the UMM-S will also be conveyed. The talk will conclude with discussing issues and lessons learned from the review process and how future reviews will be conducted to ensure a more targeted, meaningful review with a faster turn-around time for triage and implementation