Critical Analysis of Judicial Attempts to Reconcile the United States-Japan Friendship, Commerce and Navigation Treaty with Title VII, A

This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the right to choose provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts\u27 various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria for employment decisions. Part III argues that the only fair interpretation of the Japan FCN Treaty is that Japanese companies in the United States do have the right to select Japanese nationals for key positions for any reasons, including race and national origin. However, Part III further argues that although Japanese employers should be permitted to assert their right of choice, they should not be permitted to use that right to fend off obligations acquired by voluntary entrance into the United States employment market

Critical Analysis of Judicial Attempts to Reconcile the United States-Japan Friendship, Commerce and Navigation Treaty with Title VII, A

This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the right to choose provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts\u27 various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria for employment decisions. Part III argues that the only fair interpretation of the Japan FCN Treaty is that Japanese companies in the United States do have the right to select Japanese nationals for key positions for any reasons, including race and national origin. However, Part III further argues that although Japanese employers should be permitted to assert their right of choice, they should not be permitted to use that right to fend off obligations acquired by voluntary entrance into the United States employment market

The effects of contract detail and prior ties on contract change : a learning perspective

Despite the large literature on alliance contract design, we know little about how transacting parties change and amend their underlying contracts during the execution of strategic alliances. Drawing on existing research in the alliance contracting literature, we develop the empirical question of how contract detail and prior ties influence the amount, direction, and type of change in such agreements during the collaboration. We generated a sample of 115 joint ventures (JVs) by distributing a survey to JV board members or top managers and found that the amount of contract change is negatively associated with the level of detail in the initial contract but is positively associated with the number of prior ties between alliance partners. In relation to the direction of contract change, we find that the level of detail of the initial agreements negatively correlates with the likelihood of removing or weakening existing provisions and that prior collaborative experience positively correlates with the likelihood of strengthening of existing provisions or adding of new ones. We also find that prior ties affect the type of change in that JV parents prefer to change enforcement provisions more so than the coordination provisions in the contract. Our paper generates new insights on the complementarities between relational governance and transaction cost economics perspectives on alliance contracting

Application of the Marcus Cross Relation to Hydrogen Atom Transfer/Proton-Coupled Electron Transfer Reactions

Proton-coupled electron transfer (PCET) reactions are central to a wide range of chemical and biochemical processes. The past decade has seen great strides in both experimental and theoretical understanding of PCET, but connecting these two perspectives is often challenging. This chapter shows that the Marcus cross relation is a valuable quantitative and conceptual model for solution PCET reactions that can be described as hydrogen atom transfer (HAT), X–H+Y → X+H–Y. The cross relation holds well – in many cases within an order of magnitude – for a large number of such reactions. This includes both purely organic reactions such as those involving phenoxyl radicals or ascorbate, and reactions where the electron change occurs primarily at a transition metal center, as in reactions of iron bi-imidazoline complexes. The cross relation was derived as a corollary of the Marcus Theory of electron transfer and provides a conceptual picture and an experimental entry into intrinsic barriers and other parameters. However, the cross relation is an essentially classical model that does not take into account proton tunneling or nonadiabatic effects. In addition, PCET brings a set of issues not found in electron transfer. For instance, the substantial solvent effects found in some of these reactions derive primarily from pre-equilibrium hydrogen bonding effects rather than changes in intrinsic barriers. The strengths as well as the weaknesses and limitations of using the cross relation for PCET reactions are discussed

Insulin processing and action in adipocytes: evidence for generation of insulin-containing vesicles by leupeptin and monensin

AbstractIncubation of adipocytes with 125I-insulin plus leupeptin or monensin, but not chloroquine, resulted in the appearance of a novel peak of 125I-insulin (modal density about 1.20 gml) on density gradient centrifugation; the appearance of the peak depended on the presence of specific insulin receptors on the cell surface. The fractions comprising this peak contained vesicles, probably originating from the Golgi apparatus, and dit not appear to be contaminated with lysosomes, mitochondria or plasma membrane. Entrapment of insulin in these vesicles per se did not prevent the activation of glucose transport, acetyl-CoA carboxylase or pyruvate dehydrogenase by insulin

Application of the Marcus Cross Relation to Hydrogen Atom Transfer/Proton-Coupled Electron Transfer Reactions

Proton-coupled electron transfer (PCET) reactions are central to a wide range of chemical and biochemical processes. The past decade has seen great strides in both experimental and theoretical understanding of PCET, but connecting these two perspectives is often challenging. This chapter shows that the Marcus cross relation is a valuable quantitative and conceptual model for solution PCET reactions that can be described as hydrogen atom transfer (HAT), X–H+Y → X+H–Y. The cross relation holds well – in many cases within an order of magnitude – for a large number of such reactions. This includes both purely organic reactions such as those involving phenoxyl radicals or ascorbate, and reactions where the electron change occurs primarily at a transition metal center, as in reactions of iron bi-imidazoline complexes. The cross relation was derived as a corollary of the Marcus Theory of electron transfer and provides a conceptual picture and an experimental entry into intrinsic barriers and other parameters. However, the cross relation is an essentially classical model that does not take into account proton tunneling or nonadiabatic effects. In addition, PCET brings a set of issues not found in electron transfer. For instance, the substantial solvent effects found in some of these reactions derive primarily from pre-equilibrium hydrogen bonding effects rather than changes in intrinsic barriers. The strengths as well as the weaknesses and limitations of using the cross relation for PCET reactions are discussed

Proton-Coupled Electron Transfer Reactions at a Heme-Propionate in an Iron-Protoporphyrin-IX Model Compound

A heme model system has been developed in which the heme-propionate is the only proton donating/accepting site, using protoporphyrin IX-monomethyl esters (PPIX_MME) and N-methylimidazole (MeIm). Proton-coupled electron transfer (PCET) reactions of these model compounds have been examined in acetonitrile solvent. (PPIX_MME)Fe^(III_(MeIm)_(2)-propionate (Fe^(III)~CO_2) is readily reduced by the ascorbate derivative 5,6-isopropylidine ascorbate to give (PPIX_MME)Fe^(II)(MeIm)_(2)-propionic acid (Fe^(II)~CO_(2)H). An excess of the hydroxylamine TEMPOH or of hydroquinone similarly reduces Fe^(III)CO_2, and TEMPO and benzoquinone oxidize Fe^(II)~CO_(2)H to return to Fe^(III)~CO_2. The measured equilibrium constants, and the determined pKa and E1/2 values, indicate that Fe^(II)~CO_(2)H has an effective bond dissociation free energy (BDFE) of 67.8 ± 0.6 kcal mol^(–1). In these PPIX models, electron transfer occurs at the iron center and proton transfer occurs at the remote heme propionate. According to thermochemical and other arguments, the TEMPOH reaction occurs by concerted proton–electron transfer (CPET), and a similar pathway is indicated for the ascorbate derivative. Based on these results, heme propionates should be considered as potential key components of PCET/CPET active sites in heme proteins