Mutual Assent in the Corporate Contract: Forum Selection Bylaws

In recent years, frivolous and inefficient multijurisdictional stockholder litigation has become a costly burden on corporations in the United States. A popular solution among boards of directors has been to adopt bylaws with forum selection provisions (which require certain disputes to be litigated before one forum). Those who oppose this solution have challenged these provisions on the grounds that they were passed as bylaws—which are unilaterally adopted by boards without stockholder consent. These challengers argue that bylaws are like contracts, and, therefore, require the mutual assent of both stockholders and the corporation to be enforceable. This argument implicates a classic theory of corporate law—the contractarian theory—but vastly oversimplifies the relationship between a stockholder, her corporation and the board of directors. When the contractarian theory of corporate law is applied to the full legal and practical reality of that relationship, the mutual assent argument falls apart and the contractarian theory is shown to support the enforceability of bylaws

Alien Registration- Landry, Daniel D. (Sanford, York County)

https://digitalmaine.com/alien_docs/3192/thumbnail.jp

ImpACTing Students: Students with Disabilities Participating in a Theater Occupation-Based Program

Acting Creates Therapeutic Success (ACTS Jr.) is a program that uses theater and drama activities to address a variety of skills. Theater advantageously offers a variety of activities that suit the individual (costume and prop making, set design, screenplay writing, etc.), many that fall under the scope of occupational therapy, and is executed well as a form of group therapy given its innate camaraderie of actors and production members working together to form a final cohesive product (Phillips, 1996). The purpose of this study was to demonstrate how theater can be used as a meaningful activity for students with disabilities to develop skills by: exploring the perceptions of students who participate in the ACTS Jr. program and exploring their caregivers’ perspectives of the influence the program on their lives. Occupational Adaptation (OA) (Schultz, & Schkade, 1992) was used as the theoretical underpinnings. Participants of the ACTS Jr. program were their own agents of change and learned to adapt to their environment while the program director and volunteers acted as facilitators to the process. Elements of OA were incorporated such as therapeutic-use-of-self, focus placed on progress throughout the program, and adapting to a changing environment consisting of activities that promote mental flexibility. Collages created by students were administered and analyzed at the beginning and end of the eight-week program along with parent interviews to explore value perceptions from participation. The results of the students and caregivers’ shared experience of the program demonstrated a positive influence of the program in their lives. Four themes were constructed, based upon coding and categorization of data. The themes from the data were: the joy of theater, a positive environment, building confidence and ability, and flexibility and the future. Implications for OT practice are suggested for implementation in a variety of settings, based upon the OTPF-4 (American Occupational Therapy Association (AOTA), 2020

Star-structured polyethylene nanoparticles via Pd-catalyzed living polymerization : synthesis, characterization, and catalytic applications.

The arm-first synthesis of large unimolecular star-structured polyethylene nanoparticles or SPE-NPs (MW > 1,000 kg/mol, PDI ≈ 1.1) joined by a cross-linked polynorbornadiene (PNBD) core is described in this thesis. SPE-NPs having high arm number (fn > 100) and tunable arm topologies (hyperbranched HBPE or linear-but-branched LBPE) are conveniently synthesized in a single reactor following four consecutive steps. In step 1, living ethylene polymerization is catalyzed by 0.1 mmol of Pd-diimine catalyst 1 to grow HBPE arms (1 atm C2H4/15 °C) or LBPE arms (27 atm C2H4/5 °C) of tunable lengths (tE = 1-5 h, Mn = 11-40 kg/mol). In step 2, the norbornadiene (NBD) cross-linker is added into the ethylene reactor for several hours (tNBD = 1-4 h) yielding PE-b-PNBD block copolymers with a short PNBD segment bearing cross-linkable pendant double bonds. SPEs are then formed in step 3 during precipitation in acidified methanol (H+/MeOH) and the final SPE-NPs are formed in step 4 after several hours of drying in vacuo at 120 °C. A thorough systematic investigation of the reaction parameters indicates that to produce increasingly larger SPE-NPs, it is essential to add a significant molar excess of NBD to 1 ([NBD]0/[1]0 > 50) and synthesize short LBPE arms but large HBPE arms. When synthesized with LBPE arms, the SPE-NPs have higher MW compared to those synthesized with HBPE arms due to the lower steric hindrance of the linear arms which enables a high number of arms to be joined at the PNBD core. Furthermore, the Pd-diimine catalyst used in the synthesis of the SPE-NPs was encapsulated within the cross-linked PNBD core. These encapsulated Pd(II) species were tested for their activity in hydrogenation reactions of terminal alkenes and alkynes (1-octene, 1-hexene, and 1-hexyne) and Heck coupling reactions of iodobenzene and n-butyl acrylate. Preliminary data suggests that these SPE-NPs may be used as models for the design of more advanced recyclable nanovessel for Pd(II) catalysts.Master's These

Mathematics Is Physics

In this essay, I argue that mathematics is a natural science---just like physics, chemistry, or biology---and that this can explain the alleged "unreasonable" effectiveness of mathematics in the physical sciences. The main challenge for this view is to explain how mathematical theories can become increasingly abstract and develop their own internal structure, whilst still maintaining an appropriate empirical tether that can explain their later use in physics. In order to address this, I offer a theory of mathematical theory-building based on the idea that human knowledge has the structure of a scale-free network and that abstract mathematical theories arise from a repeated process of replacing strong analogies with new hubs in this network. This allows mathematics to be seen as the study of regularities, within regularities, within ..., within regularities of the natural world. Since mathematical theories are derived from the natural world, albeit at a much higher level of abstraction than most other scientific theories, it should come as no surprise that they so often show up in physics. This version of the essay contains an addendum responding to Slyvia Wenmackers' essay and comments that were made on the FQXi website.Comment: 15 pages, LaTeX. Second prize winner in 2015 FQXi Essay Contest (see http://fqxi.org/community/forum/topic/2364

In re Estate of Reed, 354 So. 2d 864 (Fla. 1978)

Constitutional Law- EQUAL PROTECTION-A FLORIDA STANDARD OF EQUAL PROTECTIO

An Integrated Assessment of Water Markets: Australia, Chile, China, South Africa and the USA

The paper provides an integrated framework to assess water markets in terms of their institutional underpinnings and the three 'pillars' of integrated water resource management: economic efficiency, equity and environmental sustainability. This framework can be used: (1) to benchmark different water markets; (2) to track performance over time; and (3) to identify ways in which water markets might be adjusted by informed policy makers to achieve desired goals. The framework is used to identify strengths and limitations of water markets in: (1) Australia's Murray-Darling Basin; (2) Chile (in particular the Limarí Valley); (3) China (in particular, the North); (4) South Africa; and (5) the western United States. It identifies what water markets are currently able to contribute to integrated water resource management, what criteria underpin these markets, and which components of their performance may require further development

Markets - Water Markets: Australia’s Murray-Darling Basin and the US Southwest

Worldwide supplies of fresh water are increasingly scarce relative to demand. This problem is likely to be exacerbated with climate change. In this paper, we examine water markets in both Australia’s Murray Darling Basin and the western US and their prospects for addressing water scarcity. The two regions share a number of important similarities including: climate variability that requires investment in reservoirs to make water available in low-rainfall periods; the need for internal and cross-border (state) water management; an historical major allocation of water to irrigators; increasing competition among different uses (agricultural, environmental and recreational in situ uses, urban demand); and the potential for water trading to more smoothly and quickly allocate water across these competing uses. A comparison of the two regions provides important insights about how economic factors can encourage more efficient water allocation, market structure and government regulation.