Amending Maine\u27s Plain Language Law to Ensure Complete Disclosure To Consumers Signing Arbitration Contracts

Arbitration has been defined as an informal procedure used by disputants to resolve their differences in a forum other than a court of law. By agreeing to arbitration, the parties submit their disputes to selected arbitrators, whose reasoning and final decisions or awards supplant the judgment of the established judicial tribunals. Further, the decisions of arbitrators are usually binding and enforceable in courts. Although arbitration has been lauded for being less expensive and time-consuming than litigation, consumers arbitrating disputes with large companies may not be playing on a level field. It is important, however, to distinguish arbitration from mediation. Arbitrators, unlike mediators, are given the power to resolve the dispute before them and to force, if necessary, settlement upon the parties. Alternative dispute resolution (ADR), meanwhile, is a term that subsumes both arbitration and mediation, as well as neutral evaluation, settlement conferences, and the use of special masters, minitrials, and summary jury trials. Discussions and criticisms in this Comment focus only upon arbitration, emphasizing the use by financial institutions of that form of ADR to resolve disputes arising subsequent to their customers\u27 execution of an arbitration agreement. In the early part of this century, courts, eager to preserve their jurisdiction, often refused to enforce arbitration agreements. At the same time, fair resolution of commercial disputes may have required expertise in analyzing the underlying transactions. Arguably, the need for experts familiar with commercial practices increased in proportion to the complexity of commercial transactions. Even the most qualified of judges recognized the need for experts to assist the courts in resolving disputes among merchants. Nonetheless, the courts remained suspicious of arbitration in general and continued to invalidate agreements. To counter the courts\u27 tendency to invalidate predispute arbitration agreements, Congress passed the Federal Arbitration Act (FAA) in 1925. Apparently, the narrow purpose of this Act was “to give the merchants the right or the privilege of sitting down and agreeing with each other as to what their damages are, if they want to do it.” Thus, arbitration originally served the limited purpose of providing expert adjudication of disputes among consenting merchants of presumed equal bargaining power, and Congress enacted the FAA to counteract judicial hostility toward that form of arbitration. At the time of its passage, the FAA was viewed as a simple declaration of the new federal policy recognizing and enforcing agreements to arbitrate disputes among merchants. Further, the FAA was not to “encroach upon the province of the individual States.” By 1996, however, the FAA was held to preempt state disclosure laws enacted to ensure that arbitration clauses contained in contracts be brought to the attention of all signatories. This Comment assumes that consumers, overall, benefit from these disclosure laws, whereas lenders and merchants find them cumbersome, due to the significant paperwork they must generate to remain in compliance. The Author argues that lenders have as many reasons to favor arbitration as consumers have to fear this method of resolving post-closing, consumer-lender disputes. Preemption of laws requiring heightened disclosure of arbitration clauses is good news for lenders but detrimental to the interests of consumers for reasons that are enumerated later in this Comment

Thiol-ene Chemistry as an Enabler of New Polymer Structures and Architectures

This dissertation focuses on two distinct projects: the synthesis and design of novel cell penetrating peptides mimics (CPPMs), and the implementation of the thiol-ene click reaction to generate new polymer architectures and chemistries. Guanidinium-rich CPPMs were generated through both ROMP and RAFT polymerizations, allowing for a comparison to be made across polymer backbone chemistries with respect to both siRNA and protein cellular internalization. A particularly effective methacrylate derived block copolymer was able to deliver siRNA to nearly an entire Jurkat T cell population. The thiol-ene reaction was implemented initially within the context of improving material design for solid polymer electrolytes (SPEs), specifically lithium ion separators. Synthesis of styrene-ethylene oxide multiblock copolymer electrolytes by the combination of telechelic di-thiol and di-norbornene polymers was performed. Morphology and conductivity were assessed as a function of conducting block volume fraction, with encouraging results and robust conductivities above a PEO volume fraction of 0.5. Flory-Huggins interaction parameters were also estimated and compared to literature projections. New SPE chemistries utilizing thioethers, sulfoxides, and sulfones were also synthesized through the step-growth polymerization of various di-ene and di-thiol monomers. When doped with lithium ions, these materials demonstrated comparable conductivities to PEO, a benchmark SPE, and could be tuned to eliminate crystallization, a severe drawback of PEO at lower temperatures. These SPEs were also strengthened by polystyrene incorporation, resulting in block copolymer materials that demonstrated a room temperature storage modulus of 0.1 GPa, while maintaining high levels of conductivity. Finally, the universality of the thiol-ene polymerization was demonstrated by the generation of main-chain carbonate, main-chain zwitterion, and side-chain diol polymers. Similarly to the above SPE materials, these polymers contained a thioether functional group that could selectively be oxidized to yield either a sulfoxide or sulfone, without degrading the polymer or affecting the incorporated functional groups. The research described in this dissertation is broad-reaching in the field of polymer science and beyond, covering numerous applications and techniques, and demonstrating improvements upon standard applied materials

Оценка финансовой устойчивости ОАО «Слуцкий сахарорафинадный комбинат»

В статье определена сущность финансовой устойчивости, необходимость ее оценки для организаций; рассмотрены основные показатели оценки финансовой устойчивости организаций; проведена оценка финансовой устойчивости на примере ОАО «Слуцкий сахарорафинадный комбинат»

Considering Trauma Exposure in the Context of Genetics Studies of Posttraumatic Stress Disorder: A Systematic Review

Background: Posttraumatic stress disorder (PTSD) is a debilitating anxiety disorder. Surveys of the general population suggest that while 50-85% of Americans will experience a traumatic event in their lifetime, only 2-50% will develop PTSD. Why some individuals develop PTSD following trauma exposure while others remain resilient is a central question in the field of trauma research. For more than half a century, the role of genetic influences on PTSD has been considered as a potential vulnerability factor. However, despite the exponential growth of molecular genetic studies over the past decade, limited progress has been made in identifying true genetic variants for PTSD. Methods: In an attempt to aid future genome wide association studies (GWAS), this paper presents a systematic review of 28 genetic association studies of PTSD. Inclusion criteria required that 1) all participants were exposed to Criterion A traumatic events, 2) polymorphisms of relevant genes were genotyped and assessed in relation to participants’ PTSD status, 3) quantitative methods were used, and 4) articles were published in English and in peer-reviewed journals. In the examination of these 28 studies, particular attention was given to variables related to trauma exposure (e.g. number of traumas, type of trauma). Results: Results indicated that most articles did not report on the GxE interaction in the context of PTSD or present data on the main effects of E despite having data available. Furthermore, some studies that did consider the GxE interaction had significant findings, underscoring the importance of examining how genotypes can modify the effect of trauma on PTSD. Additionally, results indicated that only a small number of genes continue to be studied and that there were marked differences in methodologies across studies, which subsequently limited robust conclusions. Conclusions: As trauma exposure is a necessary condition for the PTSD diagnosis, this paper identifies gaps in the current literature as well as provides recommendations for how future GWAS studies can most effectively incorporate trauma exposure data in both the design and analysis phases of studies

Cortisol metabolic predictors of response to psychotherapy for symptoms of PTSD in survivors of the World Trade Center attacks on September 11, 2001

BACKGROUND: A proportion of subjects with symptoms of posttraumatic stress disorder (PTSD) are unresponsive to specialized psychotherapy, but a biological basis for this has not been described. To observe whether differences in cortisol or its metabolites predict or correlate with response to therapy for PTSD symptoms, cortisol and its metabolites were measured from urine samples at pre-treatment, at the conclusion of psychotherapy, and at 3-month follow-up. METHODS: 28 survivors of the World Trade Center attack on September 11, 2001 seeking psychological treatment for PTSD symptoms received four sessions of either exposure therapy or supportive counseling, followed by up to 10 sessions of prolonged exposure in a specialized PTSD treatment program at a private hospital serving the New York City metropolitan area. 24-hr mean integrated cortisol excretion was assessed by radioimmunoassay (RIA); urinary free cortisol and metabolites cortisone, 5α–tetrahydrocortisol (5α-THF), 5β–tetrahydrocortisol, and tetrahydrocortisone were assessed by gas chromatography-mass spectrometry (GCMS); and indices of enzyme activities for 5α–and 5β–reductase and for the 11β–hydroxysteroid dehydrogenases were derived from the metabolite and glucocorticoid measures. RESULTS: 5α-reductase activity was significantly lower at pre-treatment among non-responders, whereas there were no significant pre-treatment differences between responders and non-responders in any other hormone or metabolite level. In repeated-measures analyses across the three time points, 5α-reductase activity, as well as 5α-THF and total glucocorticoids, significantly differed between responders and non-responders. For urinary cortisol measured by RIA, there was a significant group × time interaction indicating that, although not different at pre-treatment, urinary cortisol levels declined over time in the non-responder group, such that by follow-up, lowered cortisol significantly distinguished non-responders from responders. Indices of 5α-reductase activity, including 5α-THF and total glucocorticoids, were significantly negatively correlated with avoidance symptom severity at pre-treatment. At follow-up, indices of 5α-reductase activity were significantly negatively correlated with severity of all three PTSD symptom clusters and with total PTSD severity scores. CONCLUSION: Lower 5α–reductase activity is associated with avoidance severity and predicts non-responsiveness to psychological treatment for PTSD symptomatology. Relatively diminished 5α–reductase activity may mark a state of primary vulnerability, perhaps via attenuated peripheral catabolism of cortisol resulting in the suppression of hypothalamic-pituitary-adrenal axis responsiveness. Lower cortisol levels appear later in the progression to chronic, treatment-resistant PTSD

Trait and State Effects of Depression Severity on Neurocognition: Evidence from a Longitudinal Study

Unipolar and bipolar depression are associated with neurocognitive impairment. However, both the specific pattern of deficits and whether unipolar and bipolar individuals differ on neurocognition remain unclear. Furthermore, neurocognition is related to current depression severity, but it is unknown whether this association stems from between-individual trait differences in disorder severity or from within-individual state variation in symptom severity. We addressed these questions in 43 unipolar and 51 bipolar participants drawn from a 25-year longitudinal study of severe mental illness. We assessed (1) differences among unipolar and bipolar individuals and the general population in attention/processing speed, verbal fluency, cognitive flexibility, and verbal memory; (2) the extent to which current symptom severity, overall trait disorder severity, and within-participant changes in symptom severity predicted neurocognition; and (3) the stability of neurocognitive measures over six years. Both groups showed generalized impairment relative to population norms. Bipolar participants performed more poorly than unipolar participants on measures of attention/processing speed; this may be attributable to differences in medication. Trait disorder severity predicted performance on attention/processing speed, cognitive flexibility, and long-term verbal memory. In contrast, within-participant state changes in depressive symptoms predicted change in only one non-specific cognitive measure. Most measures were stable over six years. Findings are consistent with previous evidence of generalized cognitive impairment in severe mood disorders. Associations of attention/processing speed, cognitive flexibility, and long-term memory with trait depression severity suggest these measures may be dimensional risk markers for severity of depressive illness

Patterns and Mediators of Emotion Regulatory Disturbance in Panic Disorder

Emotion dysregulation is an oft-cited and potentially valuable explanation for panic disorder and other anxiety disorders. However, theoretical accounts conflict regarding whether panic disorder is associated with deficient or excessive emotion regulation, and these contradictory predictions have not been resolved by extant, primarily self-report-based studies. The present study (1) attempted to clarify the functioning of emotion regulation in panic disorder and (2) examined a putative mechanism for emotion regulatory dysfunction, effortful control. In a sample of 38 individuals with panic disorder and 37 controls, we gauged participants’ ability to voluntarily regulate emotional responding to unpredictable threat of shock using physiological indices of negative emotion (startle eye-blink reflex and corrugator activity). We also assessed performance on 3 behavioral measures of effortful control; the degree to which these measures were disrupted in a threatening context; and whether effortful control abilities were associated with emotion regulatory ability. Individuals with panic disorder with agoraphobia (PD/A) demonstrated an enhanced ability to voluntarily suppress both startle and corrugator responding to threat relative to controls and panic disorder without agoraphobia (PD/NA). Individuals with PD/NA showed poorer attentional control compared to controls and PD/A. All 3 measures of effortful control were positively correlated with startle suppression ability, and path analyses revealed indirect effects of PD/NA on emotion regulatory ability via attentional control. The results implicate excessive suppression of negative emotion in the maintenance of PD/A and add to a growing literature linking non-emotional effortful cognitive abilities to emotion regulation and psychopathology

Amending Maine\u27s Plain Language Law to Ensure Complete Disclosure To Consumers Signing Arbitration Contracts

Arbitration has been defined as an informal procedure used by disputants to resolve their differences in a forum other than a court of law. By agreeing to arbitration, the parties submit their disputes to selected arbitrators, whose reasoning and final decisions or awards supplant the judgment of the established judicial tribunals. Further, the decisions of arbitrators are usually binding and enforceable in courts. Although arbitration has been lauded for being less expensive and time-consuming than litigation, consumers arbitrating disputes with large companies may not be playing on a level field. It is important, however, to distinguish arbitration from mediation. Arbitrators, unlike mediators, are given the power to resolve the dispute before them and to force, if necessary, settlement upon the parties. Alternative dispute resolution (ADR), meanwhile, is a term that subsumes both arbitration and mediation, as well as neutral evaluation, settlement conferences, and the use of special masters, minitrials, and summary jury trials. Discussions and criticisms in this Comment focus only upon arbitration, emphasizing the use by financial institutions of that form of ADR to resolve disputes arising subsequent to their customers\u27 execution of an arbitration agreement. In the early part of this century, courts, eager to preserve their jurisdiction, often refused to enforce arbitration agreements. At the same time, fair resolution of commercial disputes may have required expertise in analyzing the underlying transactions. Arguably, the need for experts familiar with commercial practices increased in proportion to the complexity of commercial transactions. Even the most qualified of judges recognized the need for experts to assist the courts in resolving disputes among merchants. Nonetheless, the courts remained suspicious of arbitration in general and continued to invalidate agreements. To counter the courts\u27 tendency to invalidate predispute arbitration agreements, Congress passed the Federal Arbitration Act (FAA) in 1925. Apparently, the narrow purpose of this Act was “to give the merchants the right or the privilege of sitting down and agreeing with each other as to what their damages are, if they want to do it.” Thus, arbitration originally served the limited purpose of providing expert adjudication of disputes among consenting merchants of presumed equal bargaining power, and Congress enacted the FAA to counteract judicial hostility toward that form of arbitration. At the time of its passage, the FAA was viewed as a simple declaration of the new federal policy recognizing and enforcing agreements to arbitrate disputes among merchants. Further, the FAA was not to “encroach upon the province of the individual States.” By 1996, however, the FAA was held to preempt state disclosure laws enacted to ensure that arbitration clauses contained in contracts be brought to the attention of all signatories. This Comment assumes that consumers, overall, benefit from these disclosure laws, whereas lenders and merchants find them cumbersome, due to the significant paperwork they must generate to remain in compliance. The Author argues that lenders have as many reasons to favor arbitration as consumers have to fear this method of resolving post-closing, consumer-lender disputes. Preemption of laws requiring heightened disclosure of arbitration clauses is good news for lenders but detrimental to the interests of consumers for reasons that are enumerated later in this Comment