186 research outputs found

    Allowing Intervention by Non-Settling PRPS: Not the Environmentally Correct Decision, But One That Is Unavoidable?

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    Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Environmental Protection Agency may enter into an agreement either to finance the cleanup of hazardous waste sites or to limit the liability of certain parties that may be responsible for the damage at the site in question. These agreements, referred to as consent decrees, generally contain provisions that protect the signing polluters from contribution claims brought by non-settling parties. This Case Note addresses whether non-settling parties should be able to move to intervene in a consent decree under a statutory right of contribution. On this issue, the courts are split. One line of reasoning holds that a non-settling party may not intervene because such an action would interfere with congressional intent. The converse line of reasoning holds that a non-settling party may intervene to protect its claim of contribution. The Case Note examines United States v. Union Electric, a leading case recently decided by the Eighth Circuit Court of Appeals, which held that a party may intervene to protect a contribution claim. United States v. Alcan Aluminum, Inc., a leading case from the Third Circuit holding to the contrary, is also discussed. The author concludes that the ruling of Union Electric has a more logical analysis and that the denial of intervention to non-settling parties is an incorrect interpretation of the present law

    Afterschool Programs in America: Origins, Growth, Popularity, and Politics

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    The historical and recent growth of afterschool program (ASPs) in the U.S. is discussed in this article. Particular attention is given to the recent history of social and political influences that have led to growth and current popularity of ASPs. The article begins by reviewing changes in schooling and the labor force that created a supervision gap between the school day of children and work day of parents. This gap contributed to the need for afterschool child care. Next, influences leading to a growing recognition of the significance of school-age childcare for working families and their children, including research on the potential risks of self care and benefits of well-designed ASPs, are described. These discussions are contextualized alongside decades of social and political action and debate over the development of and funding for ASPs in America. Several key factors likely to affect after-school programming in the near future are discussed

    Restaurant outbreak of Legionnaires' disease associated with a decorative fountain: an environmental and case-control study

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    BACKGROUND: From June to November 2005, 18 cases of community-acquired Legionnaires' disease (LD) were reported in Rapid City South Dakota. We conducted epidemiologic and environmental investigations to identify the source of the outbreak. METHODS: We conducted a case-control study that included the first 13 cases and 52 controls randomly selected from emergency department records and matched on underlying illness. We collected information about activities of case-patients and controls during the 14 days before symptom onset. Environmental samples (n = 291) were cultured for Legionella. Clinical and environmental isolates were compared using monoclonal antibody subtyping and sequence based typing (SBT). RESULTS: Case-patients were significantly more likely than controls to have passed through several city areas that contained or were adjacent to areas with cooling towers positive for Legionella. Six of 11 case-patients (matched odds ratio (mOR) 32.7, 95% CI 4.7-infinity) reported eating in Restaurant A versus 0 controls. Legionella pneumophila serogroup 1 was isolated from four clinical specimens: 3 were Benidorm type strains and 1 was a Denver type strain. Legionella were identified from several environmental sites including 24 (56%) of 43 cooling towers tested, but only one site, a small decorative fountain in Restaurant A, contained Benidorm, the outbreak strain. Clinical and environmental Benidorm isolates had identical SBT patterns. CONCLUSION: This is the first time that small fountain without obvious aerosol-generating capability has been implicated as the source of a LD outbreak. Removal of the fountain halted transmission

    Mental fortitude training: An evidence-based approach to developing psychological resilience for sustained success

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    Drawing on the body of knowledge in this area, this article presents an evidence-based approach to developing psychological resilience for sustained success. To this end, the narrative is divided into three main sections. The first section describes the construct of psychological resilience and explains what it is. The second section outlines and discusses a mental fortitude training™ program for aspiring performers. The third section provides recommendations for practitioners implementing this program. It is hoped that this article will facilitate a holistic and systematic approach to developing resilience for sustained success

    Sequencing and timing of strategic responses after industry disruption: evidence from post-deregulation competition in the U.S. railroad industry

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    This paper examines the sequencing and timing of firms’ strategic responses after significant industry disruption. We show that it is not the single strategic choice or response per se, but the sequencing and patterns of consecutive strategic responses that drive a firm’s adaptation and survival in the aftermath of a shift in the industry. We find that firms’ renewal efforts involved differential adaptability in finding balance at the juxtaposition of responding to demand-side pressures and choosing a path of new capability acquisition efficiently. Our study underscores the importance of taking a sequencing approach to studying strategic responses to industry disruption

    International Nonregimes: A Research Agenda1

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    Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/146934/1/j.1468-2486.2007.00672.x.pd

    Resources, Capabilities, and Routines in Public Organizations

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    States, state agencies, multilateral agencies, and other non-market actors are relatively under-studied in strategic management and organization science. While important contributions to the study of public actors have been made within the agency-theoretic and transaction-cost traditions, there is little research in political economy that builds on resource-based, dynamic capabilities, and behavioral approaches to the firm. Yet public organizations can be characterized as stocks of human and non-human resources, including routines and capabilities; they can possess excess capacity in these resources; and they may grow and diversify in predictable patterns according to behavioral and Penrosean logic. This paper shows how resource-based, dynamic capabilities, and behavioral approaches to understanding public agencies and organizations shed light on their nature and governance
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