Lien on Me: The Survival of Security Interests in Revenues from the Sale of an FCC License

A debtor can give a security interest in collateral only when, among other things, the debtor has rights in that collateral. This rule becomes complicated when a holder of a Federal Communications Commission (FCC) license wishes to grant a security interest in the proceeds it may receive from selling that license in the future. The question of when an FCC licensee acquires the right to receive revenues from the sale of its license is a controversial one, due to the fact that any sale of an FCC license cannot occur until there is (1) a contract for sale and (2) approval from the FCC. The existence of contingencies in future rights to payment, however, is not a new phenomenon. In several industries, acquisition of the item from which the right to payment stems triggers this right—in the FCC context, this right arises upon acquisition of the FCC license itself. This Note argues that, given the similarities between the FCC licensing scheme and these other industries, and the presence of only inconsequential differences, there is no reason to treat FCC licensing differently. As such, the right to receive revenues from the sale of an FCC license should be found to exist upon acquisition of the FCC license, and should not depend on whether the two contingencies required for sale have occurred

Healthy built environments: A review of the literature

The Healthy Built Environments Program has completed a major scholarly literature review examining the role of the built environment in supporting human health as part of everyday living. The principal aim of the Review is to establish an evidence base that supports the development, prioritisation and implementation of healthy built environment policies and practices. The Review identifies current gaps in the evidence to inform future research directions. It includes an annotated bibliography of key research articles and a glossary of terms to assist practitioners, policy makers and researchers working in this interdisciplinary realm.  The focus of the Review is on the three key built environment domains that support human health: The Built Environment and Getting People Active. The Built Environment and Connecting and Strengthening Communities. The Built Environment and Providing Healthy Food Options. These built environment domains address three of the major risk factors for contemporary chronic disease - physical inactivity, social isolation and obesity. The Literature Review is available for download as the whole document or its individual sections. Whole document (12MB) Cover and Acknowledgements (1.11MB)List of Abbreviations and Contents (2.11MB)The Healthy Built Environments Program Overview (291KB)Executive Summary (295KB)1.0 Introduction (255KB)2.0 Structure of this Review (2.46MB)3.0 Aims and Parameters (2.99MB)4.0 Scope and Methodology (3.20MB)5.0 The Evidence (200KB)5.1 The Built Environment and Getting People Active (653KB)5.2 The Built Environment and Connecting and Strengthening Communities (546KB)5.3 The Built Environment and Providing Healthy Food Options (416KB)6.0 Professional Development (284KB)7.0 Conclusion (114KB)References (490KB)Appendix 1: Diary of Database Searches (202KB)Appendix 2: Glossary (282KB)Appendix 3: Annotated Bibliography (2.57MB

Quality, Not Quantity: The Implications of Redefining Insurance Neutrality in \u3cem\u3eIn re Global Industrial Technologies, Inc.\u3c/em\u3e

On May 4, 2011, in In re Global Industrial Technologies, Inc., the U.S. Court of Appeals for the Third Circuit held that non-creditor insurance companies had standing to challenge a debtor’s Chapter 11 plan of reorganization. In so holding, the court redefined the concept of insurance neutrality. Whereas typically the court examines the text of a plan to determine its effects on an insurer’s rights, Global Industrial Technologies suggests that insurance neutrality in a mass-tort liability context depends on any post-petition increase in claims asserted. This Comment argues (1) that the new quantitative measure adopted by the court is an ineffective measure of insurance neutrality and (2) that the court should not rely on a third party to protect the integrity of the bankruptcy process, but should assume that responsibility itself through its sua sponte right to intervene

The Office of the Indiana Attorney General: Perspectives on Professional Licensing Enforcement and Disciplinary Actions

This presentation details the investigation and litigation processes of the Attorney General’s Office upon receipt of consumer complaints filed against Indiana professional licensees. We will have a round-table discussion with board liaisons from the State Boards of Registrations for Professional Engineers and Professional Surveyors. Time will be reserved for Q&A

Health and the Built Environment: Exploring Foundations for a New Interdisciplinary Profession

The supportive role of the built environment for human health is a growing area of interdisciplinary research, evidence-based policy development, and related practice. Nevertheless, despite closely linked origins, the contemporary professions of public health and urban planning largely operate within the neoliberal framework of academic, political, and policy silos. A reinvigorated relationship between the two is fundamental to building and sustaining an effective “healthy built environment profession.” A recent comprehensive review of the burgeoning literature on healthy built environments identified an emergent theme which we have termed “Professional Development.” This literature relates to the development of relationships between health and built environment professionals. It covers case studies illustrating good practice models for policy change, as well as ways professionals can work to translate research into policy. Intertwined with this empirical research is a dialogue on theoretical tensions emerging as health and built environment practitioners and researchers seek to establish mutual understanding and respect. The nature of evidence required to justify policy change, for example, has surfaced as an area of asynchrony between accepted disciplinary protocols. Our paper discusses this important body of research with a view to initiating and supporting the ongoing development of an interdisciplinary profession of healthy planning

BIOCULTURAL PLACES FOR TRANSFORMATIVE COMMUNITIES AND PROTECTED AREAS: CRITICAL PLACE INQUIRY AND YOUTH PARTICIPATORY ACTION RESEARCH IN COLOMBIA

This dissertation affirms the importance of explicitly and politically attending to place in research. Taking up such a critical inquiry of place, I facilitate a participatory and action-oriented approach through Youth Participatory Action Research (YPAR) and methods of photovoice and participatory mapping. This approach engaged six youth living in Isla Grande, Colombia, to co-investigate the significance of biocultural place relationships to their lives. This focus supports their community’s efforts toward sustainable development and self-determination of ancestral territories alongside a National Park and Marine Protected Area. Emphasizing place in research conceptualization, orientation, approach, design, and practice, we achieved the following objectives: (1) to explore youths’ relationships with place through critical place inquiry by supporting their role as co-researchers using a YPAR approach; (2) to encourage youth-led inquiry with place related to their experiences and understandings of well-being and sustainability in ancestral territory places; and (3) to assess and mobilize youth perspectives on place significance, based on biocultural interdependence. Through analysis, this dissertation offers practical insight on the relevance of a biocultural framework to discern interdependent and evolving place relationships. Resultant findings illustrate youths’ biocultural relations using a UNESCO-sCBD framework in terms of how language; material culture; knowledge, technology, innovations, and improvisations; social and economic relations; beliefs; and values are interconnected with biodiversity. These relations are discussed in connection with youths’ understandings of well-being and sustainability. Local implications of this research include applying a biocultural framework to support formal education and livelihood diversification, and encouraging youth participation in community efforts toward sustainable development. Broad implications for protected areas include how a biocultural framework can inform governance decisions based on the knowledge, values, and interests of local communities to protect both nature and culture. Implications for future research include: going "beyond the research" to capture the daily lives of youth through mobile approaches; building on participatory approaches to facilitate intergenerational learning and exchange; expanding on economic relations to support biocultural heritage innovations; and supporting collaborative processes among diverse place actors through the development of biocultural indicator

Agricultural management and plant selection interactively affect rhizosphere microbial community structure and nitrogen cycling.

BACKGROUND:Rhizosphere microbial communities are key regulators of plant performance, yet few studies have assessed the impact of different management approaches on the rhizosphere microbiomes of major crops. Rhizosphere microbial communities are shaped by interactions between agricultural management and host selection processes, but studies often consider these factors individually rather than in combination. We tested the impacts of management (M) and rhizosphere effects (R) on microbial community structure and co-occurrence networks of maize roots collected from long-term conventionally and organically managed maize-tomato agroecosystems. We also explored the interaction between these factors (M × R) and how it impacts rhizosphere microbial diversity and composition, differential abundance, indicator taxa, co-occurrence network structure, and microbial nitrogen-cycling processes. RESULTS:Host selection processes moderate the influence of agricultural management on rhizosphere microbial communities, although bacteria and fungi respond differently to plant selection and agricultural management. We found that plants recruit management-system-specific taxa and shift N-cycling pathways in the rhizosphere, distinguishing this soil compartment from bulk soil. Rhizosphere microbiomes from conventional and organic systems were more similar in diversity and network structure than communities from their respective bulk soils, and community composition was affected by both M and R effects. In contrast, fungal community composition was affected only by management, and network structure only by plant selection. Quantification of six nitrogen-cycling genes (nifH, amoA [bacterial and archaeal], nirK, nrfA, and nosZ) revealed that only nosZ abundance was affected by management and was higher in the organic system. CONCLUSIONS:Plant selection interacts with conventional and organic management practices to shape rhizosphere microbial community composition, co-occurrence patterns, and at least one nitrogen-cycling process. Reframing research priorities to better understand adaptive plant-microbe feedbacks and include roots as a significant moderating influence of management outcomes could help guide plant-oriented strategies to improve productivity and agroecosystem sustainability

The Exchange Theory of Teenage Smoking and the Counterproductiveness of Moderate Regulation

About three-quarters of secondary schools are reluctant to vigorously enforce smoking bans due to various social pressures; ten percent of these schools do not have bans at all. Empirically, school-based smoking regulations appear, at best, ineffective at reducing teenage smoking and, more likely, may actually increase participation. Only schools which vigorously enforce bans have a lower smoking participation. In sum, teenage smoking participation appears to be non-monotonic in the level of enforcement. This paper develops an exchange model that explains this non-monotonic pattern. Smoking bans provide an exchange opportunity to less popular students. Less popular students who begin smoking validate the risk-taking behavior of existing teenage smokers who, in exchange, provide friendship to the newcomers. The enforcement itself becomes the glue which holds the group together. Teenage smoking bans, unless vigorously enforced, increase teenage smoking participation. An increase in self-esteem and other non-smoking related qualities, however, undermines the trading channel, which can help combat teenage smoking. Numerous pieces of empirical evidence, culled from the empirical social psychology literature, are consistent with all of the key predictions of the model.

Co-creation and the development of SME designer fashion enterprises

Purpose - The purpose of this paper is to examine the co-creation of SME designer fashion brands during internationalisation. Design/methodology/approach - As an exploratory study, this research utilises grounded theory methodology and incorporates the use of 38 semi-structured in-depth interviews with designer fashion enterprises and their support network of sales and PR agencies. Findings - Co-creation was identified as an important element for the successful integration of the entrepreneurial designer fashion enterprise into the global fashion industry network. Within relationship marketing, the concept of co-creation emphasises consumer experience, influence and power in the development of brand value. However current understanding of co-creation inadequately explains the development of the entrepreneurial designer fashion brand, requiring examination of the concept using grounded theory. The findings of this research highlight how these small and medium enterprises react and respond to the interpretation of their brand identity through the co-creation process as they seek to introduce and grow their firms within the global fashion marketplace. Originality/value - This paper identifies the influence of industry stakeholders on the process of fashion brand co-creation. Additionally, by identifying the process by which the entrepreneurial designer fashion enterprise navigates the introduction of their collections to the industry’s network, and responds to interpretations of the firm’s brand identity, this paper recognises the influence of the firm throughout the co-creation process

Transport Disadvantage, Social Exclusion and Subjective Wellbeing: The Role of Built Environment – Evidence from Sydney, Australia

This study explores the effects of the built environment on transport disadvantage, social exclusion, personal health and subjective wellbeing (SWB) using survey data collected in four socio-economically disadvantaged neighbourhoods in Sydney, Australia. The data is analysed at both neighbourhood and individual levels using both descriptive analysis and structural equation modelling (SEM). Overall, our model supports the hypothesis that a walkable neighbourhood environment, measured by density, diversity, access, and infrastructure for walking and cycling, helps to reduce transport disadvantage and increase social inclusion. However, the impact of the physical environment does not carry forward to impact personal health and SWB. The exception to this finding is where the environment is perceived to be aesthetically pleasing – a variable which significantly positively affects SWB. In addition to the physical environment, crime is a significant factor that directly influences transport disadvantage and SWB