934 research outputs found

    Painting without the Numbers: Noninterpretive Judicial Review

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    Judges as Rulemakers

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    This essay analyzes and compares different approaches to the problem of legal precedent. If judges reasoned flawlessly, the ideal approach to precedent would give prior judicial opinions only the weight they naturally carry in moral reasoning. Given that judges are not perfect reasoners, the best approach to precedent is one that treats rules established in prior decisions as authoritative for later judges. In comparison to the natural model of precedent, a rule-based model minimizes error. A rule-based model is also superior to several popular attempts at compromise, which call on judges to reason from the results of prior cases or from principles immanent in the body of precedent. The principal drawback of a rule-based model of precedent is its seeming resistance to change. After defending the rule model against its competitors, we discuss a variety of refinements that clarify the model and make it more amenable to legal reform. Topics covered include identification of precedent rules, preconditions for authority, decision-making in the absence of a precedent rule, and overruling

    Pisces IV submersible observations in the epicentral region of the 1929 Grand Banks earthquake

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    The PISCES IVsubmersible was used to investigate the upper continental slope around 44 ON, 56 W, near the epicentre of the 1929 Grand Banks earthquake. Four dives in water depths of 800-2000 m were undertaken to observe speci3c features identijied with the SeaMARC I sidescan system in 1983. Two dives were made in the head of Eastern Valley where pebbly mudstones ofprobable Pleistocene age were recognized outcropping on the seafloor. Constructional features of cobbles and boulders, derived by exhumation and reworking of the pebbly mudstone, were also observed. These include gravel/sand bedforms (transverse waves) on the valley floor. Slope failure features in semiconsolidated mudstone were recognized on two dives onto the St. Pierre slope. Exposures in these mudstones are rapidly eroded by intense burrowing by benthic organisms

    Governance Processes and Change Within Organizational Participants of Multi‐sectoral Community Health Care Alliances: The Mediating Role of Vision, Mission, Strategy Agreement and Perceived Alliance Value

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    Multi‐sectoral community health care alliances are organizations that bring together individuals and organizations from different industry sectors to work collaboratively on improving the health and health care in local communities. Long‐term success and sustainability of alliances are dependent on their ability to galvanize participants to take action within their ‘home’ organizations and institutionalize the vision, goals, and programs within participating organizations and the broader community. The purpose of this study was to investigate two mechanisms by which alliance leadership and management processes may promote such changes within organizations participating in alliances. The findings of the study suggest that, despite modest levels of change undertaken by participating organizations, more positive perceptions of alliance leadership, decision making, and conflict management were associated with a greater likelihood of participating organizations making changes as a result of their participation in the alliance, in part by promoting greater vision, mission, and strategy agreement and higher levels of perceived value. Leadership processes had a stronger relationship with change within participating organizations than decision‐making style and conflict management processes. Open‐ended responses by participants indicated that participating organizations most often incorporated new measures or goals into their existing portfolio of strategic plans and activities in response to alliance participation.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/116987/1/ajcp9618.pd

    Investigation of generic hub fairing and pylon shapes to reduce hub drag

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    Reported are investigations of fairing configurations pointed toward substantially reducing hub drag. Experimental investigations have shown the importance of hub-fairing camber, lower-surface curvature, and relative size of the drag. The significance of pylon and hub fairings in combination have also been shown. Model test data presented here documented these findings, and also showed the effect of gaps and hub-fairing inclination angle on drag. From a drag standpoint, the best hub fairing had a circular arc, upper-surface curvature, a flat bottom surface, and 8.75% camber

    The Challenges of Capacity Building in the Aligning Forces for Quality Alliances

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    Summarizes the challenges and trade-offs in infrastructure and governance as well as stakeholder relations and participation, such as inclusive versus efficient decision making, in an alliance to coordinate regional healthcare improvement activities

    Continuity in Dynamic Coalition Operations

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    The combination of participating organizations in a coalition operation often changes over time; the coalition is dynamic and evolves over the course of its mission. A given organization may participate in the coalition only at the stage where its expertise or resources are most needed, while other organizations may participate through the entire course of the operation. As these are independent organizations coming together for a limited time to meet a specific goal, the structure of the coalition must be able to accommodate the different command arrangements, procedures, and other characteristics of each organization. In order to develop a theory of a coalition structure that can accommodate the changing needs of the coalition, a dynamic model of a coalition is being developed that allows organizational participation to fluctuate over the course of the mission. In order to ensure that the model emulates real world situations, a scenario was created from actual coalition experiences in the NATO-led Balkan’s peacekeeping operations in Kosovo, where lead nations were assigned under the operational command of the NATO-led force. Adding to the complexity of the operations was the fact that military commanders and staff turned over frequently creating stability and continuity of operations challenges. This project attempts to capture some of these dynamics in order to draw conclusions about the effect of change on the coalition structure

    The perceived importance of intersectoral collaboration by health care alliances

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    There is growing interest in the use of intersectoral collaboration (e.g., alliances, coalitions, partnerships) to address complex, health‐related issues in local communities. Relatively little empirical research, however, has examined how to foster and sustain collaboration across sectors during later stages of development, despite a recognition that the needs and goals for collaboration may change over time. The purpose of this study was to address this gap by examining the perceptions of alliance participants regarding the importance of collaborating with different industry sectors as alliances transitioned from stable, prescriptive foundation support to a more uncertain future. Our findings suggest that, in addition to the contextual characteristics highlighted in previous research, the perceived importance of intersectoral collaboration varies for different types of alliances and participants. Moreover, the salience of these characteristics varied for different types of collaboration, in our case, collaboration with nonmedical health care sectors and nonhealth care sectors. Collectively, our findings point to the importance of thinking more comprehensively, across multiple levels of influence, when considering ways to foster or sustain intersectoral collaboration.Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/149327/1/jcop22158.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/149327/2/jcop22158_am.pd
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