85 research outputs found

    State Universities - Legislation Control of a Constitutional Corporation

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    The Utah Constitution provides: The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.\u27\u27 Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies or officials. Plaintiff also sought to have defendants enjoined from ever exercising such powers. The trial court found for the plaintiff, ruling that the university was a constitutional corporation free from control by the defendants. On appeal, held, reversed and remanded. This clause of the constitution when interpreted in the light of prior territorial legislation does not give the plaintiff the status of a constitutional corporation, free from legislative control. University of Utah v. Board of Examiners, 4 Utah (2d) 408, 295 P. (2d) 348 (1956)

    Wills - Devise to Executor for Further Distribution - Application of Trust and Power Doctrines

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    This comment is designed to demonstrate the potential. anomalies which exist in traditional thinking in this area and to point up some possibilities for correlation of the hitherto unrelated concepts developed in the trust and power realms

    Labor Law - NLRA - Ally Doctrine

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    With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction\u27s millwork. The NLRB issued a complaint against the striking union for engaging in an unfair labor practice in violation of section 8 (b) (4) (A) of the National Labor Relations Act. On hearing by the NLRB, held, complaint dismissed. The union\u27s effort to induce Roy Construction to cease doing business with Roy Lumber was not an illegal secondary boycott because the common ownership and control and the interrelation of the two businesses make the two employers allies. Carpenters Union (J.G. Roy & Sons Co.), 118 N.L.R.B. No. 24, 40 L.R.R.M. 1171 (1957)

    The existence and persistence of long work hours

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    Previous research hypothesizes that long working hours are related to consumerism, the ideal worker norm, high levels of human capital, and a high cost-of-job-loss. The authors test these hypotheses using panel data on working hours for an Australian sample of full-time employed workers. Analyses include a static cross-sectional model and a persistence model for long hours over time. The results suggest that long hours (50 or more hours in a usual week) are often persistent, and provide strongest support for the consumerism hypothesis, with some support for the ideal worker norm and human capital hypotheses, and no support for the cost-of-job-loss hypothesis. Other results are consistent with a backward-bending supply of long hours, and with multiple job holders and the self-employed working long hours

    Gender and Work Hours Transitions in Australia : Drop Ceilings and Trap-Door Floors

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    We introduce the ideas of ?drop ceilings?, that full-time employees who switch to reduced hours thereafter face an hours ceiling such that a return to full-time employment is difficult, and of ?trap-door floors?, that full-time employees may be denied the opportunity to reduce their hours and instead face a choice between full-time employment and quitting the job. These ideas derive from the potential existence of norms around the ideal worker and motherhood. Relevant hypotheses are developed and tested using information on usual and preferred working time from the first two waves of the Household, Income and Labour Dynamics in Australia survey. The key findings are that women face drop ceilings significantly more often than men; that professionals and managers confront trap-door floors significantly more often than employees in other occupations; and that trap-door floor effects are generally stronger than drop ceiling effects in the data

    Long work hours: volunteers and conscripts

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    Panel data from Australia are used to study the prevalence of work hours mismatch among long hours workers and, more importantly, how that mismatch persists and changes over time, and what factors are associated with these changes. Particular attention is paid to the roles played by household debt, ideal worker characteristics and gender. Both static and dynamic multinomial logit models are estimated, with the dependent variable distinguishing long hours workers from other workers, and within the former, between volunteers, who prefer long hours, and conscripts, who do not. The results suggest that: (i) high levels of debt are mainly associated with conscript status; (ii) ideal worker types can be found among both volunteers and conscripts, but are much more likely to be conscripts; and (iii) women are relatively rare among long hours workers, and especially long hours volunteers, suggesting long hours jobs may be discriminatory. The research highlights the importance of distinguishing conscripts and volunteers to understand the prevalence and dynamics of long work hours

    Female Breadwinner Families : Their Existence, Persistence and Sources

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    We develop a typology for understanding couple households where the female is the major earner – what we term female breadwinner households – and test it using data from the first two waves of the HILDA Survey. We distinguish temporary from persistent female breadwinner households and hypothesise, and confirm, that these two groups diverge on demographic, socio-economic status (SES), labour market and family commitment characteristics. Among the persistent group we further distinguish those couples where the dominance of a female earner is related to economic factors and those where it appears associated with a purposeful gender equity strategy. We again hypothesise and confirm that these household types significantly diverge, finding that men in the economic group exhibit low SES, poor labour market position, and low levels of commitment to family, while both the women and men in the equity type often achieve positive outcomes regarding gender equity and economic and family success

    Management of the Pressure Injury Patient with Osteomyelitis: An Algorithm

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    Pressure injury (PI) is a common complication of inpatient care, affecting an estimated 3 million patients annually in the US. Risk factors include immobility, compromised sensation, malnutrition, urinary or fecal incontinence, and chronic medical illness. Compliance with established guidelines (pressure off-loading, skin care, and frequent inspection) is imperative for the prevention of hospital-acquired PI. Unavoidable PI does occur at times, and is often related to advanced medical illness. Pressure injury complicated by osteomyelitis (OM) can develop in patients with physiologic, behavioral, or treatment-related risk factors, despite the adherence to current standards of prevention
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