FAMILY LAW—THE REHABILITATION ILLUSION: HOW ALIMONY REFORM IN MASSACHUSETTS FAILS TO COMPENSATE FOR CAREGIVING

When the Massachusetts Legislature unanimously passed the Alimony Reform Act of 2011, the bill was heralded as a “sweeping overhaul,” a long overdue change that would improve the predictability of divorce cases in the Commonwealth. This Note examines, from a feminist perspective, the failures of the Alimony Reform Act to fully consider and compensate women for unpaid contributions provided during the course of a marriage. It chronicles alimony’s long standing history in Massachusetts and details the changes the new statutes made, paying particular attention to the newly codified addition of rehabilitative alimony, which provides short term alimony to dependent spouses in order to facilitate re-entry to the workforce, as a statutorily sanctioned alimony option. This Note then compares interpretations of self-sufficiency in Texas and Tennessee, as polarizing examples of how other jurisdictions have determined whether a recipient spouse can be rehabilitated. Texas promotes independence between the parties over economic parity, requiring only that a former spouse be rehabilitated to meet his/her “minimum reasonable needs.” On the other hand, Tennessee’s legislature has gone to great lengths to make it perfectly clear that both parties’ contributions to the household are highly valued. Tennessee’s equality-based approach ensures that an award of rehabilitative alimony will not result in the economic disadvantage of a spouse who made career sacrifices for caregiving. This Note recommends that Massachusetts adopt a legislative definition of self-sufficiency that promotes post-divorce financial parity between the spouses. The persistence of the wage gap and contributing factors, such as unequal pay, gendered career choices, unpaid caregiving work, and negative career consequences of mothering, all act against women’s ability to earn the same as men. Rehabilitation should be limited to only those spouses who can achieve economic success equal to their partners. Using Tennessee’s rehabilitative alimony statute as an example, this Note proposes language that could be used to eliminate any confusion resulting from the pressure to make alimony reform more predictable

Damages for Loss of Trees

The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the courts generally look upon a loss of trees as an injury to the land and apply the general measure of damage for real property, known as the before and after rule. They have recognized the limitations of the general rule and regard the facts of the case as a determinant as to what other measures of damages may be used. In determining what measure or rule to use for the loss of trees to realty, four classifications are used; (1) timber, (2) fruit, nut and other productive trees, (3) shade and ornamental trees, and (4) nursery trees and stock

Structure and Dynamics of amorphous Silica Surfaces

We use molecular dynamics computer simulations to study the equilibrium properties of the surface of amorphous silica. Two types of geometries are investigated: i) clusters with different diameters (13.5\AA, 19\AA, and 26.5\AA) and ii) a thin film with thickness 29\AA. We find that the shape of the clusters is independent of temperature and that it becomes more spherical with increasing size. The surface energy is in qualitative agreement with the experimental value for the surface tension. The density distribution function shows a small peak just below the surface, the origin of which is traced back to a local chemical ordering at the surface. Close to the surface the partial radial distribution functions as well as the distributions of the bond-bond angles show features which are not observed in the interior of the systems. By calculating the distribution of the length of the Si-O rings we can show that these additional features are related to the presence of two-membered rings at the surface. The surface density of these structures is around 0.6/nm^2 in good agreement with experimental estimates. From the behavior of the mean-squared displacement at low temperatures we conclude that at the surface the cage of the particles is larger than the one in the bulk. Close to the surface the diffusion constant is somewhat larger than the one in the bulk and with decreasing temperature the relative difference grows. The total vibrational density of states at the surface is similar to the one in the bulk. However, if only the one for the silicon atoms is considered, significant differences are found.Comment: 30 pages of Latex, 16 figure

Hispanic Subgroups, Acculturation, and Substance Abuse Treatment Outcomes

This study explored Hispanic subgroup differences in substance use treatment outcomes, and the relationship of acculturation characteristics to these outcomes. Data were from a multisite randomized clinical trial of motivational enhancement therapy versus treatment as usual in a sample of Spanish-speaking substance abusers. Participants were Cuban American (n = 34), Mexican American (n = 209), Puerto Rican (n = 78), and other Hispanic American (n = 54). Results suggested that Cuban Americans and individuals with more connection to Hispanic culture had lower treatment retention. Hispanics born in the U.S and those who spoke English at home had a lower percentage of days abstinent during weeks 5–16, although Puerto Ricans born in the U.S. and Cuban Americans living more years in the U.S. had a higher percentage of days abstinent in weeks 1–4 and 5–16, respectively. Results may inform future hypothesis-driven studies in larger Hispanic treatment seeking samples of the relationship between acculturation and treatment outcome

Explaining the Frequency of Alcohol Consumption in a Conflict Zone: Jews and Palestinians in Israel

Experiencing stress and exposure to terrorism may have an adverse effect on health risk behaviors. Few studies have examined alcohol use among adults living in Israel under chronic, stressful terrorism-related conditions. In this study, we examined the relationships of demographics, past stressful events, and terrorism exposure to the frequency of alcohol use and the mediating roles of depressive and post-traumatic stress disorder (PTSD) symptoms. We used three waves of data from a 2007–2008 nationally representative sample of Jewish and Palestinian adults in Israel. We assessed past stressful events, in addition to direct and indirect exposures to terrorism. Results indicated that past stressful events and exposure to terrorism were not directly associated with alcohol use, but were indirectly associated and mediated by depressive and PTSD symptomology. Mental health symptoms were differentially associated with alcohol use. More frequent drinking was mediated by higher levels of depression, including for women and Palestinians; however, PTSD symptom severity was related to less frequent drinking. Mental health may play a prominent role in the frequency of alcohol use among adults exposed to terrorism in Israel. Alcohol use, as a coping mechanism, may differ by demographic characteristics (gender and ethnicity) and psychological symptomology for adults living in a conflict zone in Israel

Beyond the Small-Angle Approximation For MBR Anisotropy from Seeds

In this paper we give a general expression for the energy shift of massless particles travelling through the gravitational field of an arbitrary matter distribution as calculated in the weak field limit in an asymptotically flat space-time. It is {\it not} assumed that matter is non-relativistic. We demonstrate the surprising result that if the matter is illuminated by a uniform brightness background that the brightness pattern observed at a given point in space-time (modulo a term dependent on the oberver's velocity) depends only on the matter distribution on the observer's past light-cone. These results apply directly to the cosmological MBR anisotropy pattern generated in the immediate vicinity of of an object like a cosmic string or global texture. We apply these results to cosmic strings, finding a correction to previously published results for in the small-angle approximation. We also derive the full-sky anisotropy pattern of a collapsing texture knot.Comment: 23 pages, FERMILAB-Pub-94/047-

A Demonstration of LISA Laser Communication

Over the past few years questions have been raised concerning the use of laser communications links between sciencecraft to transmit phase information crucial to the reduction of laser frequency noise in the LISA science measurement. The concern is that applying medium frequency phase modulations to the laser carrier could compromise the phase stability of the LISA fringe signal. We have modified the table-top interferometer presented in a previous article by applying phase modulations to the laser beams in order to evaluate the effects of such modulations on the LISA science fringe signal. We have demonstrated that the phase resolution of the science signal is not degraded by the presence of medium frequency phase modulations.Comment: minor corrections found in the CQG versio