One Size Does Not Fit All Leases—It\u27s Time to Amend Bankruptcy Code Section 365

For far too long, Bankruptcy Code Section 365 has caused confusion among parties to oil and gas leases when one party files for bankruptcy. This section of the Bankruptcy Code is intended to provide relief to debtors who are party to an unexpired lease or an executory contract, allowing a debtor-in-possession or trustee to make the decision to either assume or reject the agreement. While this concept is straightforward for standard lease agreements and contracts, courts have struggled to determine whether oil and gas leases actually fall into the category of a “lease” per se, an executory contract, or neither. Many courts have held that oil and gas agreements are not actually leases, despite their title, because they convey an interest in real property that exceeds that of a leasehold interest. Some courts, however, have chosen to categorize such agreements as unexpired leases, or even executory contracts. This variation in court decisions is problematic because determining what category to place an oil and gas agreement is of paramount importance in determining whether the debtor has the right to reject the agreement in a bankruptcy proceeding. Additionally, such variation has had the effect of producing shocking results during bankruptcy proceedings, leaving parties to current oil and gas agreements unsure of their contractual and property rights in the event that a counterparty experiences financial distress. To alleviate the uncertainty caused by the current caselaw, this Comment proposes an amendment to Bankruptcy Code Section 365 that provides a framework for consistency in evaluating oil and gas leases moving forward and protections for the property rights of the contracting parties

Boston Hospitality Review: Summer 2013

Hospitality Management: Perspectives from Industry Advisors by Rachel Roginsky and Matthew Arrants -- Te Four ‘Ps’ of Hospitality Recruiting by John D. Murtha -- Te Morris Nathanson Design Collection by Christopher Muller -- Still Searching for Excellence by Bradford Hudso

Boston Hospitality Review: Fall 2012

Lodging Update: Greater Boston by Rachel Rogisnky and Matthew Arrants -- A Sense of Place by Rachel Black -- Hospitality, Tourism, and Politics by Stephen W. Litvin -- Paris in Boston by photo essay by Jack Dzamba -- The Cradle of American Hospitality by Bradford Hudson -- Thompon’s Spa: The Most Famous Lunch Counter in the World by Peter Szende and Heather Rule -- The Restaurant as Hybrid: Lean Manufacturer and Service Provider by Christopher Mulle

Boston Hospitality Review: Summer 2015

Boston, the Booth Brothers, and the Parker House by Susan Wilson -- Airports Hotels: Laying the Foundation for a Synergistic Relationship by Allison Fogarty -- The Pricing Effects of Heritage at an Iconic Hotel by Bradford Hudson -- The Customer is Always Right, Right? A Look at How Yelp Has Taken Hold of the Boston Restaurant Industry by Rachel DeSimone -- Search Engine Marketing (SEM): Financial & Competitive Advantages of an Effective Hotel SEM Strategy by Leora Lanz and Jovanna Fazzin

Boston Hospitality Review: Winter 2014

The Current State of the New England Lodging Market: New England Falls Short of the Nation in 2013 RevPAR Growth by Rachel Roginsky and Matthew Arrants -- The Fall and Rise of the Travel Agent by Stephen Jermanok -- Roman Ways: The Endurance of Patterns in Travel and Hospitality from Antiquity by Bradford Hudson -- A Conversation with Howard Schultz CEO of Starbucks by Christopher Muller -- Self-Confidence in the Hospitality Industry by Michael Oshin

Exploring the acceptance of telehealth within palliative care:A Self-Determination Theory perspective

The aim of this paper was to explore potential divergence and convergence in relation to health care professionals’ and patients’ acceptability of the use of telehealth within palliative care provision through the lens of Self-Determination Theory. The research utilized a deductive qualitative approach utilizing semi-structured interviews to explore divergence and convergence between health care professionals’ preconceptions of the use of telehealth in palliative care and the lived experiences of patients accessing support in this manner. Semi-structured interviews were conducted with both professionals and patients to explore whether the barriers and benefits of telehealth perceived by professionals corresponded to the patient’s lived experience of utilizing the technology in their palliative care. Interviews were analyzed using a deductive thematic analysis. Professionals and patients identified that the use of telehealth could satisfy the need for autonomy, however this manifested in different ways. Greater divergence was apparent between patient and professional perceptions about how telehealth could satisfy the need for relatedness and competence needs. The findings of this paper highlight how professionals preconceived concerns about the use of telehealth in relation to providing supportive palliative care may not be realized when exploring the experiences of patients accessing services through this medium. This paper highlights the important role of psychological need satisfaction when considering acceptability of telehealth, and motivation to engage in the implementation of technologically driven health services

Exploring rural palliative care patients’ experiences of accessing psychosocial support through telehealth:A longitudinal approach

In this research we explore the experiences of rural palliative care patients receiving psychosocial support through telehealth. A longitudinal approach considered how experiences vary over time. Three patients with a terminal cancer diagnosis were given a laptop to access psychosocial support via telehealth over three months. Semi-structured interviews were conducted at monthly intervals. Interpretative phenomenological analysis identified four themes; Deepening understanding through unburdened and continuous connections; the ever-present paradox of visible and invisible telehealth; insight into the holistic self: from barrier to facilitator; and, the immediate change from unnecessary distraction to mindful engagement. Findings challenge previous conclusions regarding the inability of telehealth to support meaningful relationships, and instead provide novel insights to explain why enabling rural palliative care patients to access support from home is supportive for their wellbeing and the quality of healthcare relationships. Our conclusions question whether the indirect benefits of telehealth could also offer a valuable way of accessing health services beyond a palliative care setting

Boston Hospitality Review: Spring 2013

Lodging Update: Providence, Rhode Island by Rachel Roginsky and Matthew Arrants -- Brand Heritage and Heritage Tourism by Bradford Hudson -- Te Front Desks of Boston by Michael Oshins -- Defining the New Luxury: Perspectives from Industry Leaders by Chekitan S. Dev -- The Ethic of Hospitality by Christopher Muller -- Buffet-Américain by Peter Szend

Long-term prevalence and predictors of prolonged grief disorder amongst bereaved cancer caregivers: A cohort study

Context: The short-term impact of prolonged grief disorder (PGD) following bereavement is well documented. The longer term sequelae of PGD however are poorly understood, possibly unrecognized, and may be incorrectly attributed to other mental health disorders and hence undertreated. Objectives: The aims of this study were to prospectively evaluate the prevalence of PGD three years post bereavement and to examine the predictors of long-term PGD in a population-based cohort of bereaved cancer caregivers. Methods: A cohort of primary family caregivers of patients admitted to one of three palliative care services in Melbourne, Australia, participated in the study (n = 301). Sociodemographic, mental health, and bereavement-related data were collected from the caregiver upon the patient\u27s admission to palliative care (T1). Further data addressing circumstances around the death and psychological health were collected at six (T2, n = 167), 13 (T3, n = 143), and 37 months (T4, n = 85) after bereavement. Results: At T4, 5% and 14% of bereaved caregivers met criteria for PGD and subthreshold PGD, respectively. Applying the total PGD score at T4, linear regression analysis found preloss anticipatory grief measured at T1 and self-reported coping measured at T2 were highly statistically significant predictors (both p \u3c 0.0001) of PGD in the longer term. Conclusion: For almost 20% of caregivers, the symptoms of PGD appear to persist at least three years post bereavement. These findings support the importance of screening caregivers upon the patient\u27s admission to palliative care and at six months after bereavement to ascertain their current mental health. Ideally, caregivers at risk of developing PGD can be identified and treated before PGD becomes entrenched

Moving together: Increasing physical activity in older adults with an intergenerational technology-based intervention. A feasibility study

Robust evidence supports the role of physical activity and exercise in increasing longevity, decreasing morbidity and helping older adults maintain the highest quality of life attainable. However, the majority of older adults are not sufficiently physically active and interventions are needed to change their behaviors. Familial or intergenerational contact has been positively linked to health and well-being in older adults. Therefore, this study aimed to i) establish acceptability and test the functionality and useability of a novel technology-driven intergenerational intervention targeting physical activity and age stereotypes, and ii) identify any potential issues with recruitment and retention. Four familial dyads (adult ≥ 65 and child 7–11 years) engaged with the intervention. Working collaboratively during a four-week trial, they combined daily step-counts (acquired via any activity of their choice, using PA trackers) to complete a virtual walk route using online platform World Walking. Thematic analysis of three post-intervention focus groups (one older adult; one child; one additional parental cohort) identified eight subthemes: Engagement; Provision of a Positive Experience; Participant Stimuli; Generated Outcomes; Operationality; Limitations; Mediators; Facilitators, and Perceptions. Participants enjoyed and successfully engaged with the intervention; when designing behaviour change interventions for older adults, flexibility within pre-established routines, individual choice, and avoiding rigidly imposed structures, is important. Strategies to challenge negative perceptions of older adults’ engagement with technology and PA should be integrated into recruitment processes