THE TREND TOWARDS IMPLEMENTING THE PRECAUTIONARY PRINCIPLE IN US REGULATION OF NANOMATERIALS

The precautionary principle provides a framework for regulating emerging technologies in general and nanomaterials in particular. It counsels action in the presence of uncertainties about risk instead of assuming that nanomaterials are safe unless proven hazardous. Nanomaterials are regulated under different statutory programs depending on whether they are drugs, pesticides or other commercial chemicals. Recent developments in the regulation of nanomaterials that are not drugs or pesticides have demonstrated a trend towards application of the precautionary principle. This is a paradigm shift away from the requirement built into past interpretations of the Toxic Substances Control Act (“TSCA”) that manufacturing, processing and use of chemical substances cannot be restricted unless the regulatory authority proves an unreasonable risk. This same paradigm shift is incorporated into recent legislative proposals to amend TSCA

Shareholder Value and the Performance of a Large Nursing Home Chain

OBJECTIVE: To analyze corporate governance arrangements and quality and financial performance outcomes among large multi-facility nursing home corporations (chains) that pursue stakeholder value (profit maximization) strategies. STUDY DESIGN: To establish a foundation of knowledge about the focal phenomenon and processes, we conducted an historical (1993-2005) case study of one of the largest chains (Sun Healthcare Inc.) that triangulated qualitative and quantitative data sources. DATA SOURCES: Two main sets of information were compared: (1) corporate sources including Sun's Security Exchange Commission (SEC) Form 10-K annual reports, industry financial reports, and the business press; and (2) external sources including, legal documents, press reports, and publicly available California facility cost reports and quality data. PRINCIPAL FINDINGS: Shareholder value was pursued at Sun through three inter-linked strategies: (1) rapid growth through debt-financed mergers; (2) labor cost constraint through low nurse staffing levels; and (3) a model of corporate governance that views sanctions for fraud and poor quality as a cost of business. CONCLUSIONS: Study findings and evidence from other large nursing home chains underscore calls from the Institute of Medicine and other bodies for extended oversight of the corporate governance and performance of large nursing home chains

Organizational and environmental determinants of ballistics imaging productivity in United States crime laboratories

This study employs a structural contingency theory framework to assess the influence of the formal organizational structure of crime laboratories and their environments, on the productivity of labs’ ballistics imaging systems. We contribute to the nascent evolution of organizational focus in forensics while exploring different ways in which overall lab performance can be conceptualized. We analyze data provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistics Information Network (NIBIN), and data from the Bureau of Justice Statistics, Census of Publicly Funded Forensic Crime Laboratories, 2009. Three Negative Binomial models regressed the organizational and environmental variables on the productivity of crime labs, operationalized as their ability to produce bullet, brass, and total hits. Results indicate that in addition to the number of bullet and brass inputs, local labs are more productive in identifying ballistics imaging hits. Additionally, larger labs with a greater proportion of firearms requests and the ability to process those requests produce more hits. Although the current research did not find that organizational structure significantly predicted labs’ productivity, the importance of the population of bullet and brass inputs was clearly evident. Additionally, jurisdiction plays a vital role in the production of hits