Texas: Round 1 - State-Level Field network Study of the Implementation of the Affordable Care Act

This report is part of a series of 21 state and regional studies examining the rollout of the ACA. The national network -- with 36 states and 61 researchers -- is led by the Rockefeller Institute of Government, the public policy research arm of the State University of New York, the Brookings Institution, and the Fels Institute of Government at the University of Pennsylvania.Since the Patient Protection and Affordable Care Act (ACA) was signed into law on March 23, 2010, Texas has reviewed and debated the different policy directives of the legislation. In 2011, Texas decided against administering a state-run health insurance exchange and opted in to a federally run exchange. This decision occurred prior to the Supreme Court decision on the constitutionality of ACA provisions. In 2013, after the 2012 Supreme Court decision allowed states to decide whether to expand Medicaid, Texas chose not to expand Medicaid eligibility and enrollment

Length, Weight, and Yield in Channel Catfish, Lake Diane, MI

Background: Channel catfish (Ictalurus punctatus) are important to both commercial aquaculture and recreational fisheries. Little published data is available on length-weight relationships of channel catfish in Michigan. Though there is no record of public or private stocking, channel catfish appeared in Lake Diane between 1984 and 1995 and it has developed into an excellent fishery. 
Materials and Methods: Sport angling provided 38 samples which were weighed and measured (fork length). Fillets were also weighed. The best fit estimates of parameters a and b in the model, W(L) = aLb, were obtained by both linear least-squares (LLS) regression (log(W) = log(a) + b log(L)) and non-linear least-squares (NLLS) regression. Best-fit parameters of an improved model, W(L) = (L/L1)^b, were also determined by NLLS regression; the parameter L1 is the typical length of a fish weighing 1 kg. The resulting best-fit parameters, parameter standard errors, and covariances are compared between the two models. The average relative weight for this sample of channel catfish is also determined, along with the typical meat yield obtained by filleting. 
Results: NLLS regression yields parameter estimates of b = 3.2293 and a = 0.00522. The improved model yields the same estimate for the exponent, b, and a length estimate (parameter L1) of 45.23 cm. Estimates of uncertainty and covariance are smaller for the improved model, but the correlation coefficient is r = 0.995 in both cases. LLS regression produced different parameter values, a = 0.01356 and b = 2.9726, and a smaller correlation coefficient, r = 0.980. On average, catfish in the sample weighed 106.0% of the standard weight, (Brown et al.) and the linear regression (no slope) of fillet yield vs. total weight suggests a typical fillet yield of 28.1% with r = 0.989.
Conclusion: Most of the fish in the sample were above the standard weight, heavier than the 75th percentile for their length. Channel catfish are doing well in Lake Diane and the population is well matched to the food supply. Management should attempt to maintain current population levels. In this case, the improved length-weight model, W(L) = (L/L1)^b, provided lower uncertainties in parameter estimates and smaller covariance than the traditional model.
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Consumer Warranty Claims Against Companies in chapter 11 Reorganizations

This article examines the rights of individuals who have purchased warranted goods from a business that subsequently undergoes reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978. Part I establishes that warranty rights are claims in bankruptcy and outlines the procedure that must be followed by a creditor for distribution from the debtor\u27s estate. Part II focuses on how warranty claims are treated in Chapter 11. Part III discusses ways to alleviate the warranty creditor\u27s representational burden, particularly through the intervention and aid of public interest groups. This article concludes that . warranty creditors will receive favorable treatment in a reorganization plan, but recommends that claims arising after bankruptcy proceedings commence be treated as administrative expenses or as claims arising in the ordinary course of business. Finally, to assure adequate representation of warranty creditors, a public interest group should be allowed to participate in the creditor\u27s committee if it can meet the standards for intervention under the Federal Rules of Civil Procedure

Running Head: Trademark Law and Keyword Advertising

The growth of the Internet as a commercial medium has brought about new concerns in terms of the future of intellectual property law. The newest form of advertising, keyword advertising, has created much controversy within the legal system. In the latest case, Google, Inc. v. American Wallpaper and Blind Factory, Google has requested that courts make a decision as to what constitutes infringement in terms of the sale of keywords for advertising on the Internet. The case is still in pending process. Through an economic analysis of trademarks and advertising on the Internet, this paper seeks to demonstrate that the sale of trademarked keywords does not in fact infringe on a trademark owner\u27s rights

An environmental lifecycle comparison of road deicers using hybrid modeling techniques to capture effects during early processing stages

For decades the United States has relied on application of road deicers for the purpose of winter road maintenance to provide safe transportation for the majority of U.S. commuters in northern states. Road deicers are a necessity but are linked to contamination of surrounding environments, including effects on water systems, vegetation, and soil quality. While sodium chloride is the most common road deicer, a variety of alternatives have been implemented. Each deicer alternative has different deicing abilities and a range of environmental impacts that, thus far, have primarily been compared during their application phase. This research conducts an environmental lifecycle analysis of four road deicers in order to incorporate the manufacturing, processing, transportation, and distribution phases along with the effects associated with the product’s end-of-life application. The four road deicers that are investigated include sodium chloride, calcium chloride, magnesium chloride acetate, and beet juice molasses (OBPE). They are evaluated based on a case study performed in Rochester, New York. This case study is used to represent population densities and environmental composition in regions where this research would be most applicable. This paper offers a framework to holistically compare environmental effects of road deicers pre- and post- application

Living in Two Worlds

Anti-racism calls us to work toward ending racial hatred, bias, systemic racism, and the oppression of marginalized groups. For many of us working in higher education leadership, this means that we are actively creating space for marginalized voices both in classrooms and through research. But who should be included is not always a question with a clear answer. Additionally, because of the complexity of identity, not all members of a marginalized community may express themselves in a monothetic way. This essay examines such a group possessing a complex identity – Indigenous people, from my personal lived experience. The essay explores how Native identity intersects with higher education leadership in complex ways. Ultimately, while Native identity within the United States is complicated, we should not shy away from these conversations about identity, as our communities and institutions are ultimately better following such critical examination

Looking to the Third Sovereign: Tribal Environmental Ethics as an Alternative Paradigm

This article considers what role, if any, can tribal environmental ethics play in the re-examination and consideration of American environmental ethics? The answer—quite a substantial role. Tribes must straddle two worlds—a traditional one and one dominated by Western culture and values. As a result of this dichotomy, tribes are necessarily experts at adaptation and innovation. To demonstrate the value of looking to tribal environmental ethics when considering alternative ethical paradigms for the United States, this article begins by discussing the link between environmental ethics and policy making. With this understanding in place, the article then examines the importance of environmental ethics to tribes. This Part considers factors that may motivate tribes to adopt environmental ethics alternative to American environmental ethics, and also uses legal ethics as an example of the necessity, in some instances, for the development of an alternative ethical paradigm, such as one separate from the model ethical code presented by the American Bar Association. Finally, the article concludes with a discussion of how tribes are serving as laboratories of environmental ethical innovation. The Part begins with an introduction to some ethical paradigms other than anthropocentrism, such as animism and deep ecology. The purpose of this introduction is to demonstrate how tribal environmental ethics might parallel some of these alternative ethical frameworks, but also to show that tribal environmental ethics can be different. With this introduction in place, the Part argues that tribes have the capacity for innovation, and then provides explicit examples of where tribes have departed from American environmental ethics. Ultimately, given the significance of emerging environmental challenges, such as climate change, the article concludes that, if policy makers decide on the necessity of an ethical paradigm other than anthropocentrism, tribal environmental ethics provide a compelling alternative, and, tribes, as the third sovereign in the United States, demonstrate how such an alternative environmental ethic may be codified into environmental laws. Although this article advances the idea that tribes are and can be innovators in the field of environmental ethics, it in no way seeks to perpetuate the stereotype of tribes as environmental stewards or as Noble Savages. Just as other governments have the right to develop and act in ways contrary to the ethics described above, so too do tribes have the right to depart from such norms. Moreover, given there are 567 federally recognized tribes and many non-recognized or state recognized indigenous groups in the United States, it is difficult to identify one tribal environmental ethic. Instead, this article seeks to use examples where possible and to focus on commonalities where they exist, as there are similarities between the environmental world views of some tribes

Everything Old Is New Again: Enforcing Tribal Treaty Provisions to Protect Climate Change-Threatened Resources

In an age when vulnerable tribes and Native communities around the country are threatened by the impacts of climate change, advocates seek new and innovative legal tools to provide protection for endangered resources. To date, legal tools such as litigation and adaptation plans have been used with varying levels of success. For the first time, this article considers whether tribal treaties with the United States may prove helpful in protecting threatened resources. Treaties historically played an important role for many tribes, as they have a profound cultural connection and are a powerful expression of tribal sovereignty. Also, when courts find treaties applicable, tribes have generally been successful in protecting the resources at issue. In considering whether such historical documents may be applied in the climate change context, this article begins by looking at the treaty language of specific tribes, which have expressed interest in shielding treaty-protected resources, and also methodologies of interpreting treaties. The article then goes on to consider how such treaty language might be used in a legal claim against the United States, speculating as to uses under both domestic and international law. Ultimately, the article concludes that it may be possible to use treaty language to protect resources threatened by climate change under certain circumstances