1,001 research outputs found

    The application of competition law and policy to environmental agreements in an oligopolistic market

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    An environmental agreement in an oligopolistic market may violate the competition rules, as described in Articles 81 and 82 of the Treaty. Ordinarily, some collusion among firms is necessary for an environmental agreement to be successful. This collusion may be acceptable when it relates to the development of technologies or processes, as opposed to the classic hypothesis of collusion regarding prices or the division of the market. One must also consider the goals of competition policy. Thus, factors such as tangible benefits to the consumer or a substantial technological advance (for example, an environmental agreement that brings firms together to conduct R&D) could outweigh potential anti-competitive effects of the agreement. Accordingly, while an environmental agreement can act as an entry barrier to a market, it can also lead to the development of new technologies. This paper presents the general aspects of competition law and policy and then discusses how competition law and policy can be applied to environmental agreements in an oligopolistic market. This paper argues that while competition policy can sometimes be relaxed with regard to environmental agreements in a competitive market, it should remain strict when applied to agreements in an oligopolistic market, as this type of market structure so often leads to anti-competitive behaviour

    Significant Risk Concept Justifies Practice Restrictions of an HIV-Infected Surgeon

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    Using a Student Success Course and Transferred Credit Hours to Predict Student\u27s Likelihood to Retain in Online Higher Education

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    As online education permeates a larger percentage of postsecondary student attendance, higher education institutions place a greater focus on online student retention. Online learners are entering college with varied backgrounds, demographics, and prior experience, yet most institutions are not differentiating the first-year programs for their incoming students with previous college-level experience. The following research used a binomial logistic regression analysis to explore existing, archival data to determine whether college transfer credit and a student success course can predict short- or long-term online student retention. This correlational study evaluated a randomized sample of 3,000 students who took a student success course and transferred in fewer than 60 credit hours and evaluated whether the success course could predict their retention at the university for the subsequent term (short-term) or through current enrollment (long-term). Results from the quantitative study showed that both predictor variables were statistically significant as predictors of student retention, both in the short- and long-term

    Significant Risk Concept Justifies Practice Restrictions of an HIV-Infected Surgeon

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    The Interaction of Transmission and Diffusion in the Spread of Linguistic Forms

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    This paper explores the relationship between transmission and diffusion with data on the use of two innovative features, habitual invariant be and quotative be like, across four generations of African American Vernacular English (AAVE) speakers from the rural community of Springville, Texas. The data from this rural setting show fundamental differences on the acquisition and spread of each of these features. There is no steady transmission from generation to generation that results in the gradual increased use of habitual invariant be, but rather it is contact with adolescents from outside Springville that accounts for the diffusion of these forms in the community. Only for the youngest generation do we see evidence of transmission. Transmission is the likely source for the use of quotative be like by the youngest speakers; however, diffusion from outside the community is what appears to be accelerating this change forward. As we show, the interaction of transmission and diffusion is a consequence of the social situation present in Springville coupled with the changing demographics of the Springville School

    It\u27s a \u27Criming Shame\u27: Moving from Land Use Ethics to Criminalization of Behavior Leading to Permits and Other Zoning Related Acts

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    In the past, land use ethics inquiries predominately involved conflicts of interest or an official holding public office while engaging in a previously held business or law practice. Now, prosecutors are looking at the underlying criminality of the unethical acts carried out in the context of land use decisions. With a wide array of criminal statutes in the hands of federal prosecutors, almost all forms of unethical conduct could in some way also violate a federal criminal statute.Part II of this article reviews the federal statutes most often used by federal prosecutors and provides some examples of recent reported cases in which the underlying illegal or unethical conduct involved alleged criminal activity. Part III offers some examples of recent reported state court cases in which criminal acts involving land use permitting or decision-making were the underlying cause of the subsequent or reported court action. Part IV concludes with the caveat that municipal attorneys and public officials can no longer simply view ethical issues in land use as a local or state civil matter, and those who work in and advise those in the public sector should be mindful of the tools at the disposal of federal investigators and prosecutors

    It\u27s a \u27Criming Shame\u27: Moving from Land Use Ethics to Criminalization of Behavior Leading to Permits and Other Zoning Related Acts

    Get PDF
    In the past, land use ethics inquiries predominately involved conflicts of interest or an official holding public office while engaging in a previously held business or law practice. Now, prosecutors are looking at the underlying criminality of the unethical acts carried out in the context of land use decisions. With a wide array of criminal statutes in the hands of federal prosecutors, almost all forms of unethical conduct could in some way also violate a federal criminal statute.Part II of this article reviews the federal statutes most often used by federal prosecutors and provides some examples of recent reported cases in which the underlying illegal or unethical conduct involved alleged criminal activity. Part III offers some examples of recent reported state court cases in which criminal acts involving land use permitting or decision-making were the underlying cause of the subsequent or reported court action. Part IV concludes with the caveat that municipal attorneys and public officials can no longer simply view ethical issues in land use as a local or state civil matter, and those who work in and advise those in the public sector should be mindful of the tools at the disposal of federal investigators and prosecutors

    Toward Collaboration and Community in Student-Faculty Relationships

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    Central to support services for deaf and hard-of-hearing college students is the creation of processes through which deaf students and hearing faculty recognize and respect each other’s cultural values. This article describes how conversations from a focus group of deaf students and conversations from a focus group of hearing faculty reflect cross-cultural relatedness and community within a traditional liberal arts university. Higgins’ (1980) conceptualization of interdependence and Palmer’s (1987) notions of relatedness and community served as the framework by which the conversations were analyzed. Communicating in class, using interpreters and notetakers, and establishing identity in the academic community emerged as themes that shaped both students’ and faculty members’ perceptions of deafness. The individual and group insights constructed a collaborative community within the larger context of the academy
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