6,341 research outputs found

    Reforming Power of Attorney Law to Protect Alaskan Elders from Financial Exploitation

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    This article discusses the issues arising under the current power of attorney law in Alaska and the impact the law has on Alaskan elders. The Author surveys and summarizes preventative measures set out in the 2006 Uniform Power of Attorney Act (UPOAA), in addition to non-UPOAA reforms adopted in other jurisdictions or suggested by scholars. The Author analyzes the relevance and practicality of the various provisions as applied to Alaska and highlights the major themes that should be considered when reforming the current statute

    Inverse Problem for Fractional Diffusion Equation

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    MSC 2010: 26A33, 33E12, 34K29, 34L15, 35K57, 35R30We prove that by taking suitable initial distributions only finitely many measurements on the boundary are required to recover uniquely the diffusion coefficient of a one dimensional fractional diffusion equation. If a lower bound on the diffusion coefficient is known a priori then even only two measurements are sufficient. The technique is based on possibility of extracting the full boundary spectral data from special lateral measurements

    Conscripting Attorneys to Battle Corporate Fraud without Shields or Armor? Reconsidering Retaliatory Discharge in Light of Sarbanes-Oxley

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    This Note advocates that federal courts should allow attorneys to bring retaliatory discharge claims under SOX. Traditional rationales prohibiting the claims of retaliatory discharge by attorneys do not apply in the context of Sarbanes-Oxley. This Note contends that the Department of Labor and the federal courts should interpret the whistleblower provisions of § 806 as protecting attorneys who report under § 307. Assuring reporting attorneys that they have protection from retaliation will encourage them to whistleblow and thereby advance SOX\u27s policy goal of ferreting out corporate fraud. Part I explores the legal landscape of retaliatory discharge suits by attorneys. This Part examines the rationales of the traditional view, the limited-claim view, and the wide-open view. Part II considers whether reporting attorneys are protected as employees under the whistleblower provisions of § 806. This Part argues that, based on plain meaning, statutory purpose, legislative history, and policy considerations, courts should interpret § 806 as covering attorneys reporting under § 307 to carry out the substantive goal of SOX. Part III counters the common law\u27s traditional view that has denied retaliatory discharge claims by whistleblower-attorneys. This Part argues that the legislative goal of Sarbanes-Oxley to combat corporate fraud takes precedence over common law policies of preserving the traditional attorney-client relationship. This Part also rebuts the traditional rationale that attorneys already bound by ethical obligations do not need additional support to whistleblow, and instead, contends that strong economic and psychological incentives encourage attorneys to sidestep the reporting requirements

    Where\u27s the Beef? Meat Shortages, Farmer Needs, and Long-term Recovery Policies in a Pandemic Era

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    COVID-19 not only affected every hospital bed in the nation--if not the world; it also affected nearly every dinner table in America and beyond. Supply chain disruptions caused by the pandemic highlighted deep-seated problems with how we get our meat, and how difficult we make it for American farmers to sell to the family next door. Within a few months of the first reported case in the US, hundreds of workers from just two meat-processing plants on American shores became infected with COVID-19, and imports from around the world came to a standstill as factories and shipping companies were forced to shut down. Instantaneously, the US supply of meat seemed to contract, flying off supermarket shelves as Americans began to shelter in place. Meanwhile, nationwide closures of restaurants and school cafeterias posed serious problems for farmers who were forced to cull and dispose of their herds, unable to get them processed at commercial butchers that were either closed or backlogged. In a nation that raises more than 94 million heads of cattle alone, we somehow found ourselves in a meat shortage in 2020, with grocery store shelves looking as “patchy and unpredictable as those in the former Soviet bloc”. This article analyzes the state of American agriculture as it pertains to the meat industry, using the beef sector as a case study. This article also proposes potential solutions that should be considered in any stimulus package seeking to create long-term, impactful growth in rural America, where one in five Americans live

    Perspectives from Teacher Candidates and Graduates of the Teacher Training and Preparation Program at the University of Education of Danang in Vietnam

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    Background: The current complexity of the global marketplace challenges national education systems around the world to prepare its children with the knowledge and skills needed to become competitive, and research literature confirms the value of investing in education. Based on a large body of research over two decades, the Center for Public Education concludes that there is substantial evidence of a direct correlation between teacher’s effectiveness and student academic achievement. Statistics from various studies indicate the challenge for schools across the US and the globe is to hire teachers that are well-prepared for the classrooms. The National Council for Accreditation of Teacher Education, the professional teacher preparation accrediting body, indicates that effective teachers require a combination of factors including one key factor, teacher training. Therefore, preparing great teachers will have a direct impact on the learning and success of students. Purpose: This study examined the perspectives of students and alumni of the teacher preparation program they went through and their views on its effectiveness in preparing them for the real classroom. Methods: A questionnaire was given to students and alumni of the teacher preparation program at Danang University of Education (DUEd) to survey their overall perceptions on how well the teacher preparation program did in training them for the classroom and in addressing classroom environment, instruction, and in dealing students with disabilities. Results: An analysis of the results yielded common themes that reflect a prevailing trend in the teacher training programs at DUEd. Common themes indicate a need to improve the quality of the teacher preparation programs at the DUEd in several areas, especially in addressing teaching students with disabilities. Conclusion: The findings provided feedback and insights for improvement for the DUEd teacher preparation program and may be helpful to other teacher preparation programs at other institutions as well.Educational Leadership and Policy Studies, Department o
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