Democratic Dissolution: Radical Experimentation in State Takeovers of Local Governments

While state interventions to stabilize the finances of struggling municipalities date back to the Great Depression, the current fiscal crisis has brought a startling escalation in the powers granted to state intervention authorities. Aptly observed by Abby Goodnough in The New York Times, cities and states have tried “myriad ways of righting their fiscal ships as the recession plods on,” but until very recently, “locking the mayor out of City Hall [was] generally not one of them.” In 2010 and 2011, Michigan and Rhode Island, which have been watched closely by other states, dramatically reformed their laws governing state receiverships for local governments in fiscal crisis. The new legislation provided for suspension and displacement of local government in faltering cities during the period of intervention, replacing all elected local officials with a single state appointee. Such interventions leave the legal corporation of the city and its budget intact: the city’s borders do not change, regardless of the revenue potential and service costs of that land base, and the city must pay its own bills. Yet the city’s power to govern that territory and budget is drawn up to the state’s executive branch. The city’s elected officials and its governing charter are set aside for an unspecified period of years. This Article analyzes the new state receivership legislation in Michigan and Rhode Island and offers the concept of democratic dissolution to help interpret this new development. While the new laws are premised on a genuinely urgent and difficult public policy problem—local governments overwhelmed by debt they cannot service and bills they cannot pay—this Article argues that the reforms do both too little and too much. To cure the underlying structural causes of fiscal crisis, the laws do next to nothing; to improve local management, the laws enact a punishing cancelation of local democracy. For Michigan, Rhode Island, and the other states watching them, I propose legal reforms that more moderately balance the seriousness of the challenges of local fiscal stabilization with the importance of local democracy

Marital Immunity, Intimate Relationships, and Improper Inferences: A New Law on Sexual Offenses by Intimates

Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a marriage, she is giving her ongoing consent to sexual intercourse. Professor Michelle Anderson argues that states must abolish this immunity to make the law formally neutral on the marital status of the parties. However, Professor Anderson argues, such formal neutrality is insufficient. The ideology of ongoing consent underlying the marital rape immunity has infected the way the legal system treats sexual offenses among intimates who are not married. The legal system often assumes that ongoing consent also exists between non-married intimates. Professor Anderson argues against the ideology of ongoing consent in both settings and proposes a new, single rule: evidence of a past or continuing sexual relationship between the complainant and the defendant is not itself a defense to a criminal sexual offense and, by itself, does not prove consent to the sexual act.

A case for oil?

Petroleum products - Prices ; Petroleum industry and trade

Inactivation of Campylobacter jejuni by exposure to high-intensity 405-nm visible light

Although considerable research has been carried out on a range of environmental factors that impact on the survival of Campylobacter jejuni, there is limited information on the effects of violet/blue light on this pathogen. This investigation was carried out to determine the effects of high-intensity 405-nm light on C. jejuni and to compare this with the effects on two other important Gram-negative enteric pathogens, Salmonella enteritidis and Escherichia coli O157:H7. High-intensity 405-nm light generated from an array of 405-nm light-emitting diodes was used to inactivate the test bacteria. The results demonstrated that while all three tested species were susceptible to 405-nm light inactivation, C. jejuni was by far the most sensitive organism, requiring a total dose of 18J cm−2 of 405-nm light to achieve a 5-log10 reduction. This study has established that C. jejuni is particularly susceptible to violet/blue light at a wavelength of 405nm. This finding, coupled with the safety-in-use advantages of this visible (non-ultraviolet wavelength) light, suggests that high-intensity 405-nm light may have applications for control of C. jejuni contamination levels in situations where this type of illumination can be effectively applied

Teacher Perceptions of Transformational Leadership Practices in Urban Charter Middle Schools

Abstract Schools today are facing unprecedented demands for school accountability and student achievement. Effective school leadership is recognized as a critical component for overall school success. Consequently, researchers have extensively explored school leadership and identified transformational leadership as an appropriate style for schools (Leithwood, 1992; Hallinger & Heck, 1996; and Jantzi & Leithwood, 1996). According to Burns (1978), transformational leadership is a process in which “leaders and followers help each other to advance to a higher level of morale and motivation.” Transformational leadership is defined as an approach designed to cause change in individuals and social systems. This study explores teacher perceptions of the influence of transformational leadership on teaching practice. There is currently a lack of research on the impact of transformational leadership practices in urban charter middle schools. The transformational style of leadership has been on the rise and has been studied frequently over the years. However, its outcomes are unknown as to whether or not such a style directly influences teacher performance, as identified from the perspective of teachers themselves. A qualitative study was conducted. Open-ended interviews were conducted to collect qualitative data from 16 teacher participants on the effectiveness of transformational leader practices on their practice. Four major findings emerged from this research: (1) When teachers described themselves as feeling valued, connected, and committed to the school (through public recognitions, celebrations, being a part of the decision-making process), they felt consistent growth as professionals as defined by the frequency of the collection and the implementation of shared teacher feedback. 5 (2) Teachers considered developing and maintaining a positive school culture to be an essential responsibility of leadership. (3) Teachers viewed ongoing positive interactions with school leaders as a priority for their continued professional development. (4) Teachers who experienced individualized and meaningful professional development felt they grew as professionals. Conclusion When school leaders execute their practice with fidelity, teachers interpret that as being valued and results in teacher satisfaction. However, fidelity to practice alone is not enough for teachers to feel they have grown as professionals. Leaders must be able to positively influence teachers by building relationships with them. Teachers thrive in an environment where they feel successful. The same holds true for students. If the ultimate goal of schools is student achievement, it begins with school leader impact and influence over teachers

Indigenous Land Rights in Costa Rica: The Gendered Experience

This paper examines the experience of indigenous women in Costa Rica, specifically the Broran, in regards to land rights violations. Using international law on women’s rights, land rights, and indigenous rights as a backdrop, this paper coalesces qualitative research on domestic attitudes towards indigenous communities with qualitative research on the effects and response of indigenous Broran women to the experience of continued land loss. Specifically examining the experience of indigenous women in this struggle reveals women’s key role in maintaining culture in the face of land loss even in the context of an extremely place-based identity, arguing that indigenous women are essential in preventing a slow ethnocide of indigenous groups. I traveled to Costa Rica in January of 2015 in order to research this, and specifically This paper examines the experience of indigenous women in Costa Rica, specifically the Broran, in regards to land rights violations. Using international law on women’s rights, land rights, and indigenous rights as a backdrop, this paper coalesces qualitative research on domestic attitudes towards indigenous communities with qualitative research on the effects and response of indigenous Broran women to the experience of continued land loss. Specifically examining the experience of indigenous women in this struggle reveals women’s key role in maintaining culture in the face of land loss even in the context of an extremely place-based identity, arguing that indigenous women are essential in preventing a slow ethnocide of indigenous groups

Effect of 405 nm high-intensity narrow-spectrum light on osteoblast function

A significant portion of medical devices fail due to acquired infection, with infection rates after arthroplasty surgery between 1-4%, and considerably higher after revision surgery. To reduce the associated costs of infection, a new preventative method is required. High intensity narrow spectrum (HINS) 405 nm light is a new technology shown to have bactericidal effects on a range of medically important bacteria[1]. The effect of HINS-light on osteoblasts and bacteria were investigated to determine the potential of this technology to contribute to infection prevention in operating theatres, during surgery and postoperative dressing changes