Illusory Protection: The Fifth Circuit’s Misguided Interpretation of Title VII’s Anti-Retaliation Provision in \u3ci\u3eHernandez v. Yellow Transportation, Inc.\u3c/i\u3e

After Burlington Northern & Santa Fe Railway Co. v. White resolved the issue of what constitutes an “adverse action” under the Title VII anti-retaliation statute, the scope of employer liability was substantially broadened. The Supreme Court’s decision reinforced the broad intent behind the anti-retaliation statute and acknowledged the statute’s remedial purpose. The Fifth Circuit, however, has been reluctant to expand employer liability as evidenced through its interpretation of the “adverse action” prong relating to coworker harassment. More specifically, the Fifth Circuit’s “In Furtherance” standard, which is used to judge whether an employer is liable for coworker harassment in retaliation for an employee opposing unlawful employment activities, conflicts with the underlying purpose of the anti-retaliation statute. No other circuit has such a stringent requirement and, unfortunately, the Fifth Circuit’s unique interpretation prevents many plaintiffs from obtaining justifiable relief. The Fifth Circuit applied this standard in Hernandez v. Yellow Transportation, Inc., which illustrated the frustrations surrounding the denial of John Ketterer’s retaliation claim. By reviewing other circuit courts’ analysis, legislative intent, Supreme Court precedent, and public policy, this Note explains how the Fifth Circuit’s interpretation of the anti-retaliation provision is misguided and proposes a simple solution to this intricate problem

Aventura Management, LLC v. Spiaggia Ocean Condominium Association: Condominium Associations Beware

In late January 2013, the Third District Court of Appeal sent shockwaves throughout the real estate community with regards to condominium associations’ rights as unit owners. In AventuraManagement, LLC v. Spiaggia Ocean Condominium Association (Spiaggia), the appellate court interpreted Florida Statute § 718.1162 in an unprecedented way. The court held that if a condominium association takes title to a unit before the bank forecloses on a defaulting unit owner, the association is jointly and severally liable for all past due assessments with the previous owner that came due, up to the time of transfer of title.3 Condominium associations across Florida became worried that the Spiaggia decision could spark a judicial trend that limits associations’ ability to recoup delinquent assessment fees. Although the Spiaggia court likely ruled correctly from an appellate perspective, the outcome of the case is contrary to the legislative intent of § 718.116 and could have disastrous consequences for Florida condominium associations. This Comment begins by explaining in great detail the facts and procedural posture of Spiaggia from the trial court to the appellate court level. Following the factual analysis, this Comment discusses the potential and actual effects of Spiaggia and looks to the legislative intent of § 718.116 to attempt to resolve the existing conflict. Finally, this Comment raises various issues that the Florida Legislature should address in reaction to the Spiaggia decision

Married Women and the Name Game

The power and force of a name are often underestimated in today\u27s society. For centuries, social and political struggles have often been reflected in struggles over names and the naming process. Names have often been used as a means of insuring allegiance and fealty, as when King John required conquered Welsh insurgents to adopt names identifying them as King John\u27s subjects. In the early 1900\u27s, the resentment against immigrants resulted in strong pleas to prevent them from adopting more common names which disguised their immigrant ancestry. Today, the issue of a married woman\u27s legal name reflects a continuing struggle over the status of married women in society and in the family structure. As married women who had adopted their husbands\u27 surnames petition courts to reinstate their pre-marriage names, courts have wrestled with the issues of reinstatement

Integrating Scientific Knowledge for Professional Education in Environmental Management

A major challenge in developing programmes for professional education in environmental management is presented by the need to determine how the vast amount of scientific and professional knowledge required for effective environmental management can be efficiently transmitted to prospective or practising ‘environmental coordinators' in the private and public sectors of society. This paper describes the work conducted at M.I.T., in collaboration with C.E.I., to provide a conceptual and substantive base for such programmes. The conceptual framework is based on a simplified model of the decision-making steps in environmental management processes. Such a model can be used for isolating certain types of decisions and roles in different social, cultural, administrative, or political, contexts. When once this has been done, the responsibilities and the educational needs of specific classes of ‘environmental managers' can be identified through studies and interviews. The substantive base for new educational programmes requires the development of outlines and the identification of reference material for the major bodies of knowledge that comprise the ‘field' of environmental management. This paper briefly describes the major subject-areas treated in this study: values and perceptions, ecology, environmental effects, environmental indicators, environmental impact assessment methodology, modelling, monitoring, growth and its implications for the future, economics of externalities, environmental law, and administrative processes. The approach and materials described in this paper are now being used at C.E.I, in the development of educational programmes for practising professionals, and at M.I.T. for graduate and undergraduate students in a variety of disciplines. Thus far, these efforts have been well received and have provided additional information with which to continue designing additional programme

Spatial and Temporal Variation in the Distribution of Fishes of the LaBranche Wetlands Area of the Lake Pontchartrain Estuary, Louisiana

The LaBranche Wetlands are located along the southwestern shore of Lake Pontchartrain. During early summer of 1989 and 1990, an electroflshing survey of 6 stations In Bayou LaBranche and Bayou Trepagnier, a tributary, yielded 10,644 specimens representing 38 species in 19 families. All fishes were typical of brackish to freshwater, low gradient systems of the Gulf Coastal Plain. Members of the Lepisosteidae, Clupeidae, Fundulidae, Poecillidae and Centrarchidae were numerical dominants. Results from rotenone samples at five of the same stations by Louisiana Department of Environmental Quality in 1986, and net samples at one common site by Thompson and Verret (1980) bring the total number of species for the LaBranche Wetlands to 52. Differences in the physicochemical characters of the two bayou systems were reflected in the dissimilar faunas between the two bayous. Results from detrended correspondence analysis (DCA) and community similarity indices indicate a high degree of variance at sites within the same bayou system over time

Improving zero-error classical communication with entanglement

Given one or more uses of a classical channel, only a certain number of messages can be transmitted with zero probability of error. The study of this number and its asymptotic behaviour constitutes the field of classical zero-error information theory, the quantum generalisation of which has started to develop recently. We show that, given a single use of certain classical channels, entangled states of a system shared by the sender and receiver can be used to increase the number of (classical) messages which can be sent with no chance of error. In particular, we show how to construct such a channel based on any proof of the Bell-Kochen-Specker theorem. This is a new example of the use of quantum effects to improve the performance of a classical task. We investigate the connection between this phenomenon and that of ``pseudo-telepathy'' games. The use of generalised non-signalling correlations to assist in this task is also considered. In this case, a particularly elegant theory results and, remarkably, it is sometimes possible to transmit information with zero-error using a channel with no unassisted zero-error capacity.Comment: 6 pages, 2 figures. Version 2 is the same as the journal version plus figure 1 and the non-signalling box exampl

A major QTL corresponding to the Rk locus for resistance to root-knot nematodes in cowpea (Vigna unguiculata L. Walp.).

Key messageGenome resolution of a major QTL associated with the Rk locus in cowpea for resistance to root-knot nematodes has significance for plant breeding programs and R gene characterization. Cowpea (Vigna unguiculata L. Walp.) is a susceptible host of root-knot nematodes (Meloidogyne spp.) (RKN), major plant-parasitic pests in global agriculture. To date, breeding for host resistance in cowpea has relied on phenotypic selection which requires time-consuming and expensive controlled infection assays. To facilitate marker-based selection, we aimed to identify and map quantitative trait loci (QTL) conferring the resistance trait. One recombinant inbred line (RIL) and two F2:3 populations, each derived from a cross between a susceptible and a resistant parent, were genotyped with genome-wide single nucleotide polymorphism (SNP) markers. The populations were screened in the field for root-galling symptoms and/or under growth-chamber conditions for nematode reproduction levels using M. incognita and M. javanica biotypes. One major QTL was mapped consistently on linkage group VuLG11 of each population. By genotyping additional cowpea lines and near-isogenic lines derived from conventional backcrossing, we confirmed that the detected QTL co-localized with the genome region associated with the Rk locus for RKN resistance that has been used in conventional breeding for many decades. This chromosomal location defined with flanking markers will be a valuable target in marker-assisted breeding and for positional cloning of genes controlling RKN resistance

The Nature of Optical Features in the Inner Region of the 3C48 Host Galaxy

The well-known quasar 3C48 is the most powerful compact steep-spectrum radio-loud QSO at low redshifts. It also has two unusual optical features within the radius of the radio jet (~1"): (1) an anomalous, high-velocity narrow-line component, having several times as much flux as does the narrow-line component coinciding with the broad-line redshift; and (2) a bright continuum peak (3C48A) ~1" northeast of the quasar. Both of these optical features have been conjectured to be related to the radio jet. Here we explore these suggestions. We have obtained Gemini North GMOS integral-field-unit (IFU) spectroscopy of the central region around 3C48. We use the unique features of the IFU data to remove unresolved emission at the position of the quasar. The resolved emission at the wavelength of the high-velocity component is peaked <~0.25" north of the quasar, at virtually the same position angle as the base of the radio jet. These observations appear to confirm that this high-velocity gas is connected with the radio jet. However, most of the emission comes from a region where the jet is still well collimated, rather than from the regions where the radio maps indicate strong interaction with an external medium. We also present the results of HST STIS spectroscopy of 3C48A. We show that 3C48A is dominated by stars with a luminosity-weighted age of ~1.4 X 10^8 years, substantially older than any reasonable estimate for the age of the radio source. Our IFU data indicate a similar age. Thus, 3C48A almost certainly cannot be attributed to jet-induced star formation. The host galaxy of 3C48 is clearly the result of a merger, and 3C48A seems much more likely to be the distorted nucleus of the merging partner, in which star formation was induced during the previous close passage.Comment: 10 pages, accepted by The Astrophysical Journa

A Novel Root-Knot Nematode Resistance QTL on Chromosome Vu01 in Cowpea.

The root-knot nematode (RKN) species Meloidogyne incognita and M. javanica cause substantial root system damage and suppress yield of susceptible cowpea cultivars. The narrow-based genetic resistance conferred by the Rk gene, present in some commercial cultivars, is not effective against Rk-virulent populations found in several cowpea production areas. The dynamics of virulence within RKN populations require a broadening of the genetic base of resistance in elite cowpea cultivars. As part of this goal, F1 and F2 populations from the cross CB46-Null (susceptible) x FN-2-9-04 (resistant) were phenotyped for M. javanica induced root-galling (RG) and egg-mass production (EM) in controlled growth chamber and greenhouse infection assays. In addition, F[Formula: see text] families of the same cross were phenotyped for RG on field sites infested with Rk-avirulent M. incognita and M. javanica The response of F1 to RG and EM indicated that resistance to RKN in FN-2-9-04 is partially dominant, as supported by the degree of dominance in the F2 and F[Formula: see text] populations. Two QTL associated with both RG and EM resistance were detected on chromosomes Vu01 and Vu04. The QTL on Vu01 was most effective against aggressive M. javanica, whereas both QTL were effective against avirulent M. incognita Allelism tests with CB46 x FN-2-9-04 progeny indicated that these parents share the same RKN resistance locus on Vu04, but the strong, broad-based resistance in FN-2-9-04 is conferred by the additive effect of the novel resistance QTL on Vu01. This novel resistance in FN-2-9-04 is an important resource for broadening RKN resistance in elite cowpea cultivars