A Shield, Not a Sword: Involuntary Leave under the Family and Medical Leave Act

Under the Family and Medical Leave Act of 1993 (FMLA), covered employers must grant an eligible employee\u27s request for up to twelve weeks of unpaid leave to care for a new baby or an ill family member, or to accommodate the employee\u27s own serious health condition. The statute prohibits employers from interfering with, restraining, or denying an employee\u27s right to FMLA leave. Neither the statute itself nor its regulations directly address the practice of involuntary leave, a term that has been used to describe instances where an employer designates the leave of a qualifying employee as FMLA leave without an employee request or against the employee\u27s wishes and instances where an employer places a nonqualifying employee on FMLA leave. The few federal courts that have examined this issue have failed to make this distinction and have interpreted the statute\u27s silence to permit employers to put employees on involuntary FMLA leave in both instances. This Comment examines the text of the FMLA, its implementing regulations, and its legislative history to ascertain both Congress\u27s intent and the Department of Labor\u27s interpretation regarding involuntary leave. This Comment concludes that employers who put non-qualifying employees on involuntary FMLA leave violate the FMLA\u27s prohibition on employer interference with employees\u27 FMLA rights

Population history at the microscale : craniometrics of Cayo Santiago macaques

Being able to understand the effects of relatedness on adult cranial morphology has implications for inferring population histories, and for informing us about the influence of genetics on cranial form among human populations. Several methods have been developed to infer relatedness among human or other primate populations using metric data. R-matrix methods have typically been used to approach questions of population history on global or regional scales with a time depth of tens to thousands of generations. This study uses detailed genealogical and demographic information for rhesus macaques born over four decades on Cayo Santiago along with individually matched cranial measurements

Integrated water resources management as a new approach to water security

Access to safe water is a worldwide problem facing three quarters of a billion people every day. The problem of access to water is not primarily due to an overall scarcity of water, but rather the unequal geographical and seasonal distribution of the water resources. The key issue at stake here is, how to make water available. The new approach presented by international institutions for improving water access is Integrated Water Resource Management. This chapter questions this new approach and highlights the depoliticizing implications

Whispering gallery modes in open quantum billiards

The poles of the S-matrix and the wave functions of open 2D quantum billiards with convex boundary of different shape are calculated by the method of complex scaling. Two leads are attached to the cavities. The conductance of the cavities is calculated at energies with one, two and three open channels in each lead. Bands of overlapping resonance states appear which are localized along the convex boundary of the cavities and contribute coherently to the conductance. These bands correspond to the whispering gallery modes appearing in the classical calculations.Comment: 9 pages, 3 figures in jpg and gif forma

Transport of sulfur dioxide from the Asian Pacific Rim to the North Pacific troposphere

The NASA Pacific Exploratory Mission over the Western Pacific Ocean (PEM-West B) field experiment provided an opportunity to study sulfur dioxide (SO2) in the troposphere over the western Pacific Ocean from the tropics to 60°N during February–March 1993. The large suite of chemical and physical measurements yielded a complex matrix in which to understand the distribution of sulfur dioxide over the western Pacific region. In contrast to the late summer period of Pacific Exploratory Mission-West A (PEM-West A) (1991) over this same area, SO2showed little increase with altitude, and concentrations were much lower in the free troposphere than during the PEM-West B period. Volcanic impacts on the upper troposphere were again found as a result of deep convection in the tropics. Extensive emission of SO2 from the Pacific Rim land masses were primarily observed in the lower well-mixed part of the boundary layer but also in the upper part of the boundary layer. Analyses of the SO2 data with aerosol sulfate, beryllium-7, and lead-210 indicated that SO2 contributed to half or more of the observed total oxidized sulfur (SO2 plus aerosol sulfate) in free tropospheric air. The combined data set suggests that SO2 above 8.5 km is transported from the surface but with aerosol sulfate being removed more effectively than SO2. Cloud processing and rain appeared to be responsible for lower SO2 levels between 3 and 8.5 km than above or below this region

Tissue distribution and lipophorin transport of hydrocarbons and sex pheromones in the house fly, Musca domestica

We investigated the relationship between epicuticular and internal hydrocarbons in the adult house fly, Musca domestica and the distribution of hydrocarbons, including the female sex pheromone component, (Z)-9-tricosene, in tissues. Internal hydrocarbons increased dramatically in relation to sexual maturation and were found in the hemolymph, ovaries, digestive tract, and fat body. (Z)-9-Tricosene comprised a relatively large fraction of the hydrocarbons in the female carcass and hemolymph, and less so in other tissues, while other hydrocarbons were represented in greater amounts in the ovaries than in other tissues. It therefore appears that certain hydrocarbons were selectively provisioned to certain tissues such as the ovaries, from which pheromone was relatively excluded. Both KBr gradient ultracentrifugation and specific immunoprecipitation indicated that > 90% of hemolymph hydrocarbons were associated with a high-density lipophorin (density = 1.09 g ml(−1)), composed of two apoproteins under denaturing conditions, apolipophorin I (∼240 kD) and apolipophorin II (∼85 kD). Our results support a predicted model (Chino, 1985) that lipophorin is involved in the transport of sex pheromone in M. domestica. In addition to delivering hydrocarbons and sex pheromones to the cuticular surface, we suggest that lipophorin may play an important role in an active mechanism that selectively deposits certain subsets of hydrocarbons at specific tissues

Time-resolved dynamics of electron wave packets in chaotic and regular quantum billiards with leads

We perform numerical studies of the wave packet propagation through open quantum billiards whose classical counterparts exhibit regular and chaotic dynamics. We show that for t less or similar to tau (tau being the Heisenberg time), the features in the transmitted and reflected currents are directly related to specific classical trajectories connecting the billiard leads. In contrast, the long-time asymptotics of the wave packet dynamics is qualitatively different for classical and quantum billiards. In particularly, the decay of the quantum system obeys a power law that depends on the number of decay channels, and is not sensitive to the nature of classical dynamics (chaotic or regular).Comment: 5 pages, 4 figure

Age estimation of Calliphora (Diptera: Calliphoridae) larvae using cuticular hydrocarbon analysis and Artificial Neural Networks

Cuticular hydrocarbons were extracted daily from the larvae of two closely related blowflies Calliphora vicina and Calliphora vomitoria (Diptera: Calliphoridae). The hydrocarbons were then analysed using Gas Chromatography–Mass Spectrometry (GC–MS), with the aim of observing changes within their chemical profiles in order to determine the larval age. The hydrocarbons were examined daily for each species from 1 day old larvae until pupariation. The results show significant chemical changes occurring from the younger larvae to the post-feeding larvae. With the aid of a multivariate statistical method (Principal Component Analysis and Artificial Neural Networks), samples were clustered and classified, allowing for the larval age to be established. Results from this study allowed larvae to be aged to the day with at worst, 87% accuracy, which suggests there is great potential for the use of cuticular hydrocarbons present on larvae to give an indication of their age and hence potentially a valuable tool for minimum PMI estimations

Precautionary Regulation in Europe and the United States: A Quantitative Comparison

Much attention has been addressed to the question of whether Europe or the United States adopts a more precautionary stance to the regulation of potential environmental, health, and safety risks. Some commentators suggest that Europe is more risk-averse and precautionary, whereas the US is seen as more risk-taking and optimistic about the prospects for new technology. Others suggest that the US is more precautionary because its regulatory process is more legalistic and adversarial, while Europe is more lax and corporatist in its regulations. The flip-flop hypothesis claims that the US was more precautionary than Europe in the 1970s and early 1980s, and that Europe has become more precautionary since then. We examine the levels and trends in regulation of environmental, health, and safety risks since 1970. Unlike previous research, which has studied only a small set of prominent cases selected non-randomly, we develop a comprehensive list of almost 3,000 risks and code the relative stringency of regulation in Europe and the US for each of 100 risks randomly selected from that list for each year from 1970 through 2004. Our results suggest that: (a) averaging over risks, there is no significant difference in relative precaution over the period, (b) weakly consistent with the flip-flop hypothesis, there is some evidence of a modest shift toward greater relative precaution of European regulation since about 1990, although (c) there is a diversity of trends across risks, of which the most common is no change in relative precaution (including cases where Europe and the US are equally precautionary and where Europe or the US has been consistently more precautionary). The overall finding is of a mixed and diverse pattern of relative transatlantic precaution over the period