Attorneys\u27 Fees Awards to Contract Nonsignatories: Should Equitable Estoppel Inform the Discretion of the Courts?

This Article argues that, although the doctrine of estoppel has fallen into disrepute in recent cases, it is still the fairest and most equitable basis on which to adjudicate the right to attorneys\u27 fees in non signatory cases. Part II puts the problem of nonsignatory recovery of attorneys\u27 fees in historical context by examining the roots and rationale of the American Rule of attorneys\u27 fees. Part III describes section 1717 of the California Civil Code and case law interpretation of that section. Part IV will trace the development of the doctrine permitting recovery of attorneys\u27 fees by non signatories to a contract through California case law and identify the basis that courts rely on to grant or deny such recovery. Part V provides an explication of the erroneously decided case of Leach v. Home Savings & Loan Assn, and Part VI explains the judicial response to Leach and the confusion it created. In Parts V and VI, the steady erosion of the doctrine of estoppel is analyzed in the post-Leach era, and an argument is presented as to why this trend should be reversed

Middle and High School Principals\u27 Knowledge of Discipline Provisions of the Individuals With Disabilities Education Act in the Upper East Tennessee Region.

The purpose of this study was to determine school principals’ knowledge of discipline provisions of The Individuals with Disabilities Education Act Amendments of 1997 and to determine what additional training opportunities may be needed to ensure that school systems in the upper East Tennessee region are in compliance under IDEA. As instructional leaders, it is imperative that principals understand their responsibilities and the importance of adhering to the legal obligations under IDEA. Principals who do not comply with the act not only deny students the education to which they are entitled but also expose the school system to costly litigation. The Survey of Knowledge about the Discipline Provisions of the Individuals with Disabilities Education Act Amendments as developed by Lyons (2003) was used to obtain the middle and high school principals’ knowledge of IDEA ’97 discipline provisions. The survey instrument contained 12 demographic questions and 35 knowledge-level questions. The knowledge-level section of the survey contained seven questions from each of the five identified areas of knowledge found in the discipline provisions: (a) manifestation determinations, (b) functional behavior assessments, (c) behavior intervention plans, (d) interim alternative educational settings, and (e) general procedural safeguards. The findings of this research project were analyzed using the software program SAS System for Elementary Statistical Analysis version 8.0. Descriptive statistics in the form of total score mean and standard deviation were used to determine school principals’ knowledge of IDEA ’97\u27s discipline amendments. The data analyzed for this study reflected that principals in the upper East Tennessee region need additional training regarding the discipline provisions of the Individuals with Disabilities Education Act. The provisions least understood by school administrators included: (a) manifestation determinations, (b) functional behavior assessments, (c) behavior intervention plans, (d) interim alternative educational settings, and (e) general procedural safeguards

Internship Experiences for Aspiring Principals: Student Perceptions and Effectiveness.

The purpose of this quantitative study was to investigate East Tennessee State University graduate student perceptions on the effectiveness of internship experiences as students explored the implementation of ISLLC Standards and the role of mentor support as they prepared for the principalship. The participating university for this study is located in Johnson City, Tennessee. Participants obtained their administrative license from 2005-2010 and worked in one of 19 northeast Tennessee, North Carolina, and southwest Virginia school districts. Specifically, this research assessed the perceived value of the 540 hour internship experience, implementation of ISLLC Standards, and the perceived value of the site based and university based mentors as interns completed their activities in multiple settings. Research reinforced the view that internship experiences supported through site based and university mentors are necessary components of an effective aspiring principal preparation program. Two data measures were analyzed: 25 survey questions measured on a 4 point Likert scale and 3 open-ended questions. Nine research questions guided this study and quantitative data were analyzed using one-sample t tests. Results indicated that ETSU program completers from 2005-2010 agreed internship experiences and mentor support received through the ETSU Administrative Endorsement Program facilitated real world application of the ISLLC Standards while preparing for the principalship

Effective Storytelling in Business School Ethics Curriculum

Narrative, or storytelling, is a tool increasingly used by business to effectively portray complex business issues in a manner which is engaging, comprehensive and easily comprehended. Instructors in a business school setting can also make use of narrative as a tool to engage their students in the complexities of business. The use of narrative places theoretical concepts in the context of actual (or hypothetical) business situations in a way that emphasizes the importance and the difficulties inherent in effective business decision-making. Where business decisions involve ethical issues, narrative is particularly effective because it illustrates the personal and emotional implications these decisions have to the decision-maker, the decision-maker’s organization and the organization’s broad array of stakeholders. In the context of the delivery of ethics curriculum in business schools, storytelling can particularly engaging because of the emotional responses from students that these stories generate

Impact of Seawall Type on Mollusc Size and Diversity in South Water Caye Belize: A Case Study

The size and diversity of molluscs on and in front of artificial and natural sea walls in the tropical rocky intertidal of South Water Caye, Belize were investigated with the intent of determining the suitability of artificial surfaces to replace natural seawalls. Four seawalls, three artificial and one natural, were observed over a period of eight days. Mollusc size did not change based on distance from the wall for any of the walls. However, there were some significant differences in the species and number of molluscs in front of each wall as well as on the walls themselves. Measures of species richness, the Shannon diversity index and Jaccard’s index indicated that the natural wall species assemblage was quite different from that of the artificial walls. For the different types of artificial walls, it was clear that wall structure and age play a role in the number and diversity of molluscs on each wall. This case study has thus revealed that greater attention needs to be dedicated to the architecture and engineering of artificial seawalls in order to minimize their impact on the diversity of molluscs in the marine ecosystem

Comparison of Restricted and Traditional Discussion Boards on Student Critical Thinking

Interaction is a critical component of distance education and involves the transfer of information between the learner and content, learner and learner, or learner and instructor (Moore, 1989). Current distance education literature has examined the role of interaction, specifically learner-learner interaction, in learning and discussion design to enhance achievement. The purpose of this study was to compare the effects of restricted and traditional discussion boards on critical thinking and learning in a graduate-level online distance education course. Findings indicated improved critical thinking in the quality and preparation strategies of initial discussion board postings when participants\u27 views of peer responses to discussion board questions were restricted until a predetermined date. Although the overall quality of subsequent postings was not affected, content analysis revealed a significant increase in discourse and revised opinions in the restricted format

Patient and Physician Perceptions of Dimensions of Necessity of Medical Utilization

The goal of this research was to understand better the perspectives held by physicians and patients regarding what factors determine the appropriateness of medical visits. We also wished to create a convenient measure of those perspectives. In our first study, we conducted focus groups separately composed of 22 physicians and 16 patients to determine their respective views. In our second study, a 40-item measure derived from Study 1 themes was administered to a sample of 202 patients. Study 1 identified 20 themes, collapsing into 6 dimensions. Physicians held views that some patients were manipulative when seeking medical care. Study 2 revealed factors of Symptom Experience and Doctor Expertise. The two studies revealed that the perception of medical utilization varies between patients and physicians, but both groups share many similar beliefs

Tetra­carbonyl­bis(η5-cyclo­penta­dienyl)bis[(dec-9-en-1-yl)diphenyl­phosphine]dimolybdenum(0)(Mo—Mo) tetra­hydro­furan disolvate

The asymmetric unit of the title compound, [Mo2(η5-C5H5)2(C22H29P)2(CO)4]·2C4H8O, contains two half-mol­ecules of the organometallic species and two solvent mol­ecules. Both organometallic mol­ecules are completed by crystallographic inversion symmetry, yielding dimeric units with Mo—Mo single-bond lengths of 3.2703 (6) and 3.2548 (6) Å. Each Mo atom is also coordinated by an η5-cyclo­pentdienyl ligand, two carbonyl ligands, and a (dec-9-en-1-yl)diphenyl­phosphine ligand

Regulation of Pituitary Gene Expression in Lines of Swine with Different Ovulation Rates

Litter size plays a major role in the economics of pork production. Even modest increases in average litter size can have considerable effects on overall profitability. Two major components of litter size – ovulation rate and embryonic survival – have been used in a selection index project ongoing for several generations at the University of Nebraska–Lincoln (UNL). Additionally, the Chinese Meishan breed is one of the most prolific breeds, producing four to five more pigs per litter than white crossbred females. We investigated the role of the gonadotropin-releasing hormone (GnRH) receptor and gonadotropin subunit genes in determination of ovulation rate between lines of swine. Ten UNL Index and Control line white crossbred gilts and 12 Meishan gilts were ovariectomized following three (Index and Control) or 6 (Meishan) successive estrous cycles. After a 21-day recovery period, gilts from each line were treated with either a specific GnRH antagonist (SB-75; 10 μg/kg of body weight) or 0.9% saline at 60, 36 and 12 hours prior to slaughter. Blood samples were collected prior to the first treatment and at slaughter before anterior pituitary collection. Serum luteinizing hormone (LH) and follicle stimulating hormone (FSH) levels were determined by radioimmunoassay and RNA was extracted from anteriorpituitary tissue. In all lines, LH was reduced to basal levels by SB- 75 treatment, confirming the efficacy of SB-75. In contrast, levels of FSH decreased only in Control gilts following treatment with SB-75. Pituitary levels of GnRH receptor and gonadotropin subunit gene expression were measured by quantitative PCR. Levels of gene expression for the GnRH receptor and gonadotropin subunits decreased following treatment with the GnRH antagonist in pituitaries of gilts from the Index and Control lines; however, these values remained unchanged in pituitaries from Meishangilts. Identification of unique genetic changes in swine strains with increased ovulation rates, such as the Chinese Meishan and the UNL Index selection line, may allow for a better understanding of prolificacy. This critical information may also be used to enhance litter size in other lines of pigs and improve efficiency of pig production

Virtual World Problem-Centered Challenge Evaluation

This paper describes the two-year implementation evaluation of a problem-based engineering design challenge held in a virtual world. The team-based challenge was designed and facilitated by an aerospace research and education institute for middle and high school student competitors in both classrooms and afterschool programs across the U.S. An independent evaluation team examined participant experiences to consider the strengths of the challenge, as well as recommendations to enhance the effectiveness and efficiency of future challenges. Overall, the evaluation team found that the problem-centered design challenge offered the student competitors a unique and valuable opportunity to engage in real-life science and engineering problems with the support of advanced science, technology, and engineering resources and college-level and professional experts. Recommendations centered on needed adjustments to achieve and prepare for growth, support for teams, assessment refinement, and collaboration and other technology enhancement