Optimizing The World’s Leading Corporate Law: A 20-Year Retrospective and Look Ahead

In a 2001 article (Function Over Form: A Reassessment of Standards of Review in Delaware Corporation Law) two of us, with important input from the other, argued that in addressing issues like hostile takeovers, assertive institutional investors, leveraged buyouts, and contested ballot questions, the Delaware courts had done exemplary work but on occasion crafted standards of review that unduly encouraged litigation and did not appropriately credit intra-corporate procedures designed to ensure fairness. Function Over Form suggested ways to make those standards more predictable, encourage procedures that better protected stockholders, and discourage meritless litigation, by restoring business judgment rule protection for transactions approved by independent directors, the disinterested stockholders, or both. This article examines how Delaware law responded to the prior article’s recommendations, concluding that the Delaware judiciary has addressed most of them constructively, thereby creating incentives to use procedures that promote the fair treatment of stockholders and discourage meritless litigation. The continued excellence and diligence of the Delaware judiciary is one of Delaware corporate law’s core strengths. But some recent cases have articulated standards of review that involve greater than optimal litigation intensity and less than ideal respect for decision-making in which independent directors and disinterested stockholders have potent say. Those standards also impair the integrity of Delaware’s approach to demand excusal in derivative cases and the identification of controlling stockholders. We also propose eliminating concepts like substantive coercion that do not provide a legitimate basis for resolving cases. Finally, we urge action to correct new problems such as the unfair targeting of corporate officers for negligence claims in representative actions and the frustrating state of practice under Delaware’s books and records statute

The Relationship Between Summer Camp Employment and Emotional Intelligence

Camping professionals have long claimed that summer camp employment provides camp staff with a number of benefits. The summer camp staff experience has been shown to have a positive effect on the staff members\u27 personal, social and emotional growth (Bialeschki, Henderson, & Dahowski, 1998; DeGraff & Glover, 2002). Yet, some influentia. others such as parents and human resources professionals have questioned the wisdom of a college student spending a summer of fun in the sun , working at a summer camp for low pay. The concept of emotional intelligence has been recently gaining favor in the human resource management arena, and it may be a:fruitful concept to apply to the potential benefit of summer camp employment. Emotional intelligence refers to a \u27type of·social intelligence that involves the ability to monitor one\u27s own and others\u27 emotions, to discriminate among them, and to use the information to guide one\u27s thinking and actions (Mayer & Salovey, 1993, p. 433). The purpose of this study was to identify how the summer camp experience impacts staff members and to better understand if emotional intelligence is developed through summer camp employment

A Modified Outdoor Adventure Program Serving Individuals with Cognitive Disabilities Who Present Serious Accommodation Challenges

When inclusive programming is to be offered in an outdoor adventure context, and attempts are made to welcome individuals who present disability issues that make accommodation unusually challenging, the obstacles to program success can begin to look insurmountable. Research indicates there are a number of benefits realized through participation in inclusive outdoor adventure programs (McAvoy, Schatz, Stutz, Schleien, & Lais, 1989; Anderson, Schleien, McAvoy, Lais, & Seligman, 1997; McAvoy, 2001). There has been a paucity of research focused on persons with cognitive disabilities in outdoor programs that typically go on camping excursions into wilderness or wilderness-like natural areas rather than staying in a developed camp facility. The limited research available does show that benefits can be realized through outdoor adventure programs that include persons with cognitive disabilities (Newman, 2004). Recognizing the need for further study in this area, the primary purpose of this research was to assess participant growth in social/socialization and leisure skill functioning of persons with cognitive disabilities relative to participation in a modified inclusive outdoor adventure program. The study used the Peterson and Stumbo (2000) Leisure Ability Model as a conceptual foundation for assessing programmatic outcomes

Trained immunity or tolerance : opposing functional programs induced in human monocytes after engagement of various pattern recognition receptors

Article Accepted Date: 29 January 2014. ACKNOWLEDGMENTS D.C.I. received funding from the European Union's Seventh Framework Programme (FP7/2007-2013) under grant agreement HEALTH-2010-260338 (“Fungi in the setting of inflammation, allergy and autoimmune diseases: translating basic science into clinical practices” [ALLFUN]) (awarded to M.G.N.). M.G.N. and J.Q. were supported by a Vici grant of the Netherlands Organization of Scientific Research (awarded to M.G.N.). This work was supported, in part, by National Institutes of Health grant GM53522 to D.L.W. N.A.R.G. was supported by the Wellcome Trust.Peer reviewedPublisher PD

Is fiscal policy in the euro area Ricardian?

We empirically determine whether a Ricardian or a non-Ricardian regime is more plausible for the euro area, following the research strategy of Canzoneri et al. (Am Econ Rev 91:1221-1238, 2001). A Vector AutoRegressive model for the primary government balance and the government debt is estimated for the period 1980q2-2013q4. Our model uses dummy interaction terms to account for the breaks due to the introduction of the Euro Convergence Criteria (ECC) and the start of the global financial crisis, respectively. No evidence is found in favour of either regime for the pre-ECC period. In the post-ECC period, a Ricardian regime is more plausible. Some evidence points in the direction of a non-Ricardian regime for the period after the start of the financial crisis

A Mixed-Method Investigation of the Solo in a Wilderness Experience Program

The purpose of this study was to investigate the participants\u27 perceptions of an organized solo within a wilderness experience program and the influence that the participants themselves and the environment have on their perception. The literature suggests that many factors influence one\u27s ability to experience wilderness solitude and to engage in meaningful reflection that may lead to personal growth (Daniel, 2003; Fredrickson & Anderson, 1999; Hammitt,1982; Hendee & Brown, 1988; Koch, 1994; McIntosh, 1989; Norris, 2001; Richley, 1992; Stringer & McAvoy, 1992). Two of these factors can be categorized as the participant(s) and the environment; both are considered key program characteristics within the adventure education literature (McKenzie, 2000)