Franchise Regulation under the California Corporate Securities Law

Franchising is one of the fastest growing facets of business in the United States. It has become one of the most successful marketing devices in the contemporary commercial world, accounting for $65 billion annually–over 10 percent of the gross national product. Credit for the tremendous growth of the franchising business has been attributed to the fact that it readily melds the know-how of big businessmen with the ambition of little businessmen. The franchise system has the advantage of enabling numerous groups of individuals with small capital to become entrepreneurs. Such a system makes independent businessmen out of people who would otherwise be employees of a vast chain store network. This effect is generally good for the economy; however, as can be expected, where experienced businessmen deal with the unsophisticated, individual hardship often results. One author, in describing business has more than its share of bunco schemes. The California Commissioner of Corporations was concerned with this same general problem when, in June of 1967, he requested advice from the California attorney General concerning the applicability of the California Corporate Securities Law to franchise agreements. The Attorney General concluded that franchise agreements, under appropriate circumstances, would constitute a security, and in these cases create circumstances, would constitute a security, and in these cases would be governed b the Corporate Securities Law. Pursuant to this opinion, the Corporations Commissioner published a bulletin containing guidelines to be considered in examining franchise agreements. In analyzing both the Attorney General’s conclusion and the Commissioner’s expansion of it, the basic premise that franchise agreements will be properly governed by the provisions of the Corporate Securities Law will not be questioned. Rather, attention will center upon the method of application of the Blue Sky Law to these agreements. The Attorney General’s opinion will first be placed in historical context, emphasizing investment contracts. The opinion will then be analyzed as to its effect on franchise agreements. ?This will be followed by (1) a discussion of problems implicit in the approach taken by the Attorney General and the Corporations Commissioner; and (2) a suggested modification of this approach, which is intended to facilitate reasonable control of franchise agreements under the Blue Sky Law consistent with judicial history and interpretation of legislative intent

Diel and seasonal movements of the critically endangered European eel

The critically endangered European eel is declining throughout its range and more information on which to base management plans is necessary. Here we present data collected by electrofishing and PIT telemetry on the habitat use and movements of eel in an English chalk stream in Dorset, southern UK. Eel were sampled quarterly for three years and movements between the main river and a side stream monitored by an in situ PIT detector. Eel abundance was highest in the side stream during summer and autumn and movement between the main river and side stream was greatest during spring, summer and autumn. Eel demonstrated nocturnal movements in/out of the side stream during spring and summer, however this diel pattern was not evident in autumn. The study demonstrates continual use of the connected floodplain by eel, underlining the importance of lateral connectivity to floodplain habitats to the species. Connectivity can be modified or lost by a number of anthropogenic activities such as hydropower and road culverts, but in many cases these can be avoided by proper and sound management. Key words: behaviour, Anguilla anguilla, movement, river connectivity, floodplain.Døgn- og sesongmessige vandringer hos den truede Europeiske ålen. Den Europeiske ålen(ål) er truet over hele dets utbredelsesområde og mer kunnskap om artens biologi og adferd er nødvendig for bedre forvaltning av arten. I denne artikkelen presenterer vi data for habitatbruk og forflytninger av ål i en kalkelv i Dorset, Sør-England basert på omfattende elektrofiske og PIT telemetri. Ål ble fanget fire ganger pr år og forflytninger mellom hovedelv og sidekanaler ble overvåket med hjelp av in situ PIT detektor i en periode på tre år. Det var høyeste forekomst av ål i sidekanalene om sommeren og høsten og det var omfattende forflytninger av ål mellom hovedelva og sidekanalene under vår, sommer og høst. Ålen hadde nattlige vandringer inn og ut av sidekanalene under vår og sommer, men denne døgn adferden var ikke tydelig om høsten når blankål startet sin utvandring mot sjøen. Studien demonstrerer ålen sin kontinuerlige bruk av flomområder og kanaler, og understreker viktigheten av å opprettholde forbindelsene fra hovedelva til disse habitatene for denne arten. Vannveier for fisk kan bli påvirket eller tapt ved en rekke antropogene aktiviteter slik som kraftutbygging og vei kulverter, men i en flere tilfeller kan dette ungåes ved god planlegging og kompetanse om fiskens adferd.publishedVersio

A thematic analysis of barriers and facilitators to participant engagement in group exposure and response prevention therapy for obsessive-compulsive disorder

Exposure and response prevention (ERP) is the gold standard in the treatment of the obsessive-compulsive disorder (OCD). It can be delivered effectively using an individual or group therapy format. Nonetheless, a sizeable proportion of people diagnosed with OCD do not experience OCD symptom remission following ERP. Research suggests that participant engagement with ERP tasks predicts therapy outcomes but there is little consistent evidence across studies on what predicts engagement. A recent meta-analysis of participant engagement in cognitive-behavioral therapy for OCD found that group ERP had a comparatively lower dropout rate than individual ERP. Little is known about participant perceptions of ERP to guide an understanding of how the group therapy format may affect participant engagement. This study conducted a qualitative exploration of what helps or hinders participants' engagement in group ERP. It involved thematic analysis of semi-structured interview data collected at a 6-month follow-up from 15 adults with OCD who took part in group ERP. The study identified five main themes that captured participants' perceived facilitators and barriers to engagement in therapy: 'Group processes', 'Understanding how to overcome OCD', 'Personal relevance', 'Personal circumstances', and 'Attitudes towards ERP', which captured dynamically inter-related barriers and facilitators at the level of the client, therapist, therapy and social environment. Each theme and associated sub-themes are discussed in turn, followed by a consideration of the study's limitations and implications

Strain control of superlattice implies weak charge-lattice coupling in La0.5_{0.5}Ca0.5_{0.5}MnO3_3

We have recently argued that manganites do not possess stripes of charge order, implying that the electron-lattice coupling is weak [Phys Rev Lett \textbf{94} (2005) 097202]. Here we independently argue the same conclusion based on transmission electron microscopy measurements of a nanopatterned epitaxial film of La$_{0.5}$Ca$_{0.5}$MnO$_3$. In strain relaxed regions, the superlattice period is modified by 2-3% with respect to the parent lattice, suggesting that the two are not strongly tied.Comment: 4 pages, 4 figures It is now explained why the work provides evidence to support weak-coupling, and rule out charge orde

Four methods for determining the composition of trace radioactive surface contamination of low-radioactivity metal

Four methods for determining the composition of low-level uranium- and thorium-chain surface contamination are presented. One method is the observation of Cherenkov light production in water. In two additional methods a position-sensitive proportional counter surrounding the surface is used to make both a measurement of the energy spectrum of alpha particle emissions and also coincidence measurements to derive the thorium-chain content based on the presence of short-lived isotopes in that decay chain. The fourth method is a radiochemical technique in which the surface is eluted with a weak acid, the eluate is concentrated, added to liquid scintillator and assayed by recording beta-alpha coincidences. These methods were used to characterize two `hotspots' on the outer surface of one of the He-3 proportional counters in the Neutral Current Detection array of the Sudbury Neutrino Observatory experiment. The methods have similar sensitivities, of order tens of ng, to both thorium- and uranium-chain contamination.Comment: 22 pages, 19 figure

On the Renormalization of Theories of a Scalar Chiral Superfield

An exact renormalization group for theories of a scalar chiral superfield is formulated, directly in four dimensional Euclidean space. By constructing a projector which isolates the superpotential from the full Wilsonian effective action, it is shown that the nonperturbative nonrenormalization theorem follows, quite simply, from the flow equation. Next, it is argued that there do not exist any physically acceptable non-trivial fixed points. Finally, the Wess-Zumino model is considered, as a low energy effective theory. Following an evaluation of the one and two loop beta-function coefficients, to illustrate the ease of use of the formalism, it is shown that the beta-function in the massless case does not receive any nonperturbative power corrections.Comment: 52 pages, 4 figures; v2: 57 pages - refs added and some minor corrections/clarifications made; v3: published in JHEP - some further clarifications mad

Robust Eye Gaze Estimation

Eye gaze detection under challenging lighting conditions is a non-trivial task. Pixel intensity and the shades around the eye region may change depending on the time of day, location, or due to artificial lighting. This paper introduces a lighting-adaptive solution for robust eye gaze detection. First, we propose a binarization and cropping technique to limit our region of interest. Then we develop a gradient-based method for eye-pupil detection; and finally, we introduce an adaptive eye-corner detection technique that altogether lead to robust eye gaze estimation. Experimental results show the outperformance of the proposed method compared with related techniques

Low-intensity guided help through mindfulness (LIGHTMIND): study protocol for a randomised controlled trial comparing supported mindfulness-based cognitive therapy self-help to supported cognitive behavioural therapy self-help for adults experiencing depression

Background: Depression has serious personal, family and economic consequences. It is estimated that it will cost £12.15 billion to the economy each year in England by 2026. Improving Access to Psychological Therapies (IAPT) is the National Health Service talking therapies service in England for adults experiencing anxiety or depression. Over 1 million people are referred to IAPT every year, over half experiencing depression. Where symptoms of depression are mild/moderate, people are typically offered Cognitive Behavioural Therapy (CBT) self-help supported by a psychological wellbeing practitioner (PWP). The problem is that over half of people who complete treatment for depression in IAPT remain depressed despite receiving National Institute of Health and Care Excellent (NICE) recommended treatment. Furthermore, less than half of IAPT service users complete treatment. This study seeks to investigate the effectiveness of an alternative to CBT self-help. Mindfulness-based cognitive therapy differs from CBT in focus, approach and practice and may be more effective with a higher number of treatment completions. Methods/Design: This is a definitive randomised controlled trial comparing supported mindfulness-based cognitive therapy self-help (MBCT-SH) with supported cognitive behavioural therapy self-help (CBT-SH) for adults experiencing mild/moderate depression being treated in IAPT services. Four hundred and ten participants experiencing mild/moderate depression will be recruited from IAPT services and randomised to receive either an MBCT-based self-help workbook or a CBT-based self-help workbook. Participants will be asked to complete their workbook within 16 weeks, with six support sessions with a PWP. The primary outcome is depression symptom severity upon treatment completion. Secondary outcomes are treatment completion rates and measures of generalized anxiety, wellbeing, functioning and mindfulness. An exploratory non-inferiority analysis will be conducted in the event the primary hypothesis is not supported. A semi-structured interview with participants will guide understanding of change processes. Discussion: If the findings from this randomised controlled trial demonstrate that MBCT-SH is more effective than CBT-SH for adults experiencing depression, this will provide evidence for policy makers and lead to changes to clinical practice in IAPT services, leading to greater choice of self-help treatment options and better outcomes for service users. If the exploratory non-inferiority analysis is conducted and this indicates non-inferiority of MBCT-SH in comparison to CBT-SH this will also be of interest to policy makers when seeking to increase service user choice of self-help treatment options for depression. Trial registration: Current Controlled Trial registration number ISRCTN 13495752. Registered on 31 August 2017 (www.isrctn.com/ISRCTN13495752). Protocol Version: Version 1 (18 January 2020) Recruitment Status: Recruiting: participants are currently being recruited and enrolled Date first participant randomised: 24 November 2017 Trial Sponsor: Sussex Partnership NHS Foundation Trust ([email protected]

Clinical effectiveness and cost-effectiveness of supported mindfulness-based cognitive therapy self-help compared with supported cognitive behavioral therapy self-help for adults experiencing depression: The low-intensity guided help through mindfulness (LIGHTMind) randomized clinical trial

Importance Depression is prevalent. Treatment guidelines recommend practitioner-supported cognitive behavioral therapy self-help (CBT-SH) for mild to moderate depression in adults; however, dropout rates are high. Alternative approaches are required. Objective To determine if practitioner-supported mindfulness-based cognitive therapy self-help (MBCT-SH) is superior to practitioner-supported CBT-SH at reducing depressive symptom severity at 16 weeks postrandomization among patients with mild to moderate depression and secondarily to examine if practitioner-supported MBCT-SH is cost-effective compared with practitioner-supported CBT-SH. Design, Setting, and Participants This was an assessor- and participant-blinded superiority randomized clinical trial with 1:1 automated online allocation stratified by center and depression severity comparing practitioner-supported MBCT-SH with practitioner-supported CBT-SH for adults experiencing mild to moderate depression. Recruitment took place between November 24, 2017, and January 31, 2020. The study took place in 10 publicly funded psychological therapy services in England (Improving Access to Psychological Therapies [IAPT]). A total of 600 clients attending IAPT services were assessed for eligibility, and 410 were enrolled. Participants met diagnostic criteria for mild to moderate depression. Data were analyzed from January to October 2021. Interventions Participants received a copy of either an MBCT-SH or CBT-SH workbook and were offered 6 support sessions with a trained practitioner. Main Outcomes and Measures The preregistered primary outcome was Patient Health Questionnaire (PHQ-9) score at 16 weeks postrandomization. The primary analysis was intention-to-treat with treatment arms masked. Results Of 410 randomized participants, 255 (62.2%) were female, and the median (IQR) age was 32 (25-45) years. At 16 weeks postrandomization, practitioner-supported MBCT-SH (n = 204; mean [SD] PHQ-9 score, 7.2 [4.8]) led to significantly greater reductions in depression symptom severity compared with practitioner-supported CBT-SH (n = 206; mean [SD] PHQ-9 score, 8.6 [5.5]), with a between-group difference of −1.5 PHQ-9 points (95% CI, −2.6 to −0.4; P = .009; d = −0.36). The probability of MBCT-SH being cost-effective compared with CBT-SH exceeded 95%. However, although between-group effects on secondary outcomes were in the hypothesized direction, they were mostly nonsignificant. Three serious adverse events were reported, all deemed not study related. Conclusions and Relevance In this randomized clinical trial, practitioner-supported MBCT-SH was superior to standard recommended treatment (ie, practitioner-supported CBT-SH) for mild to moderate depression in terms of both clinical effectiveness and cost-effectiveness. Findings suggest that MBCT-SH for mild to moderate depression should be routinely offered to adults in primary care services. Trial Registration isrctn.org Identifier: ISRCTN1349575