Fallacy of Duffield v. Robertson and Rosenberg v. Merrill Lynch: The Continuing Viability of Mandatory Pre-Dispute Title VII Arbitration Agreements in the Post-Civil Rights Act of 1991 Era, The

Two recent decisions, one in the Ninth Circuit and one in a Massachusetts District Court, have erroneously held that mandatory Title VII pre-dispute arbitration clauses are unenforceable under the Civil Rights Act of 1991.\u27 A statutory construction analysis of the 1991 Civil Rights Act demonstrates that Congress did not intend to abolish the use of such clauses. Instead, Congress intended to support the use of mandatory pre-dispute arbitration as a valid and useful forum for the resolution of disputes arising under Title VII of the Civil Rights Act of 1964. The purpose of the following Article is twofold. First, this Article will present a persuasive critique of the arguments presented in the Duffield and Rosenberg decisions and offer an alternative interpretation of the statutory intent of the Civil Rights Act of 1991. Second, this Article will demonstrate that enforcement of predispute agreements to arbitrate statutory employment claims is in the best interest of both the public and the parties involved in employment disputes

Raising Parent Expectations: Can Wealth and Parent College Accounts Help?

For many children, especially minority and low-income children, attending college is a genuinely desired but elusive goal. Research on aspirations and expectations provides a way to understand the gap between what children desire and what they actually expect to happen. This study examines the potential role of children’s college accounts (CCAs) as a way to reduce the gap between aspirations and expectations among at-risk children. I find that only 39 percent of children without savings for college expect to attend college; there is an aspirations/expectations gap of 41 percentage points among children with CCAs. Moreover, children with a CCA are five percent more likely to expect to attend college than children without a CCA. It appears that when the financing of college is perceived to be under the child’s control, college attendance becomes a more plausible reality. Children with CCAs are not only more likely to attend college; they also perform better in school

Well-being capital and government’s intervention to dam’s affected residents: Pak Mun Dam, Thailand

Government plays an important role as a well-being capital provider through policies, strategies, or even direct provision to local residents to improve their livelihoods. Pak Mun Dam is one of the most controversial dams in Thailand, and government intervention is needed to solve the issues the dam has created. This study tests the premise that government intervention will impact overall well-being only through structural means by providing strategy and policies related to social and economic well-being. Government training programs and government services will impact over all well-being through social well-being. A satisfactory solution to the Pak Mun Dam situation will impact overall well-being through economic well-being. In this study a number of items, related to different well-being dimensions, were examined. The findings suggest that appropriate policy must address the four significant items which surfaced in the economic well-being measure and ten items in the social well-being dimension

Introduction to the Special Issue, Pathways Between Genes, Brain, and Behavior

In the past 10 years or so, with the sequencing of the human genome and rapid advances in the development of high throughput techniques, the field of behavior genetics has increasingly moved toward the detection of actual genes and environmental factors. However, the field is still in the relatively early stages of understanding some of the basic facts about the complex genetic underpinnings of brain structure and function and their relationship to behavior. The 15 articles in this special issue were selected to represent the diversity of methodologies applied to the complexity of pathways linking genes, brain, and behavior. While providing strong evidence for the role of genes in individual differences in brain structure and function, these papers also demonstrate that environmental experiences alter neurobiological pathways, and that genetic factors may further moderate the impact of environmental experience. Most importantly, the breadth of studies proves that in order to be able to trace the pathways between genes, brain, and behavior, we need experts in genetics, neuroscience, psychology, and psychiatry

Improving Pathways to Transit for Persons with Disabilities

Persons with disabilities can achieve a greater degree of freedom when they have full access to a variety of transit modes, but this can only be achieved when the pathways to transit – the infrastructure and conditions in the built environment – allow full access to transit stops, stations, and vehicles. Since passage of the Americans with Disabilities Act (ADA) in 1990, many transit agencies and governmental jurisdictions have made significant progress in this area. Policy initiatives, incremental enhancements, modifications, and other measures undertaken by transit agencies and their partners have significantly improved access to transit for persons with disabilities, others who rely on public transportation, and individuals who chose to utilize these services. This research study explores, through case study work, efforts that have been effective in improving pathways to transit. Interviews and site visits were conducted with five transit agencies, along with their partners, that are actively engaged in improving pathways to connect transit consumers – particularly people with disabilities – with transit stations and stops. These agencies are: Broward County Transit (Broward County, FL), Memphis Area Transit Authority (Memphis, TN), NJ TRANSIT (Newark and New Brunswick, NJ), Tri-County Metropolitan Transportation District of Oregon (Portland, OR), and Link Transit (Wenatchee, WA). Promising practices and/or lessons were identified through the case study analysis; these should be considered by any transit agency seeking to create improved access to its services for persons with disabilities

Global Positioning System (GPS) Precipitable Water in Forecasting Lightning at Spaceport Canaveral

Using meteorology data, focusing on precipitable water (PW), obtained during the 2000-2003 thunderstorm seasons in Central Florida, this paper will, one, assess the skill and accuracy measurements of the current Mazany forecasting tool and, two, provide additional forecasting tools that can be used in predicting lightning. Kennedy Space Center (KSC) and Cape Canaveral Air Force Station (CCAFS) are located in east Central Florida. KSC and CCAFS process and launch manned (NASA Space Shuttle) and unmanned (NASA and Air Force Expendable Launch Vehicles) space vehicles. One of the biggest cost impacts is unplanned launch scrubs due to inclement weather conditions such as thunderstorms. Each launch delay/scrub costs over a quarter million dollars, and the need to land the Shuttle at another landing site and return to KSC costs approximately $ 1M. Given the amount of time lost and costs incurred, the ability to accurately forecast (predict) when lightning will occur can result in significant cost and time savings. All lightning prediction models were developed using binary logistic regression. Lightning is the dependent variable and is binary. The independent variables are the Precipitable Water (PW) value for a given time of the day, the change in PW up to 12 hours, the electric field mill value, and the K-index value. In comparing the Mazany model results for the 1999 period B against actual observations for the 2000-2003 thunderstorm seasons, differences were found in the False Alarm Rate (FAR), Probability of Detection (POD) and Hit Rate (H). On average, the False Alarm Rate (FAR) increased by 58%, the Probability of Detection (POD) decreased by 31% and the Hit Rate decreased by 20%. In comparing the performance of the 6 hour forecast period to the performance of the 1.5 hour forecast period for the Mazany model, the FAR was lower by 15% and the Hit Rate was higher by 7%. However, the POD for the 6 hour forecast period was lower by 16% as compared to the POD of the 1.5 hour forecast period. Neither forecast period performed at the accuracy measures expected. A 2-Hr Forecasting Tool was developed to support a Phase I Lightning Advisory, which requires a 30-minute lead time for predicting lightning

Global Positioning System (GPS) Precipitable Water in Forecasting Lightning at Spaceport Canaveral

This paper evaluates the use of precipitable water (PW) from Global Positioning System (GPS) in lightning prediction. Additional independent verification of an earlier model is performed. This earlier model used binary logistic regression with the following four predictor variables optimally selected from a candidate list of 23 candidate predictors: the current precipitable water value for a given time of the day, the change in GPS-PW over the past 9 hours, the KIndex, and the electric field mill value. This earlier model was not optimized for any specific forecast interval, but showed promise for 6 hour and 1.5 hour forecasts. Two new models were developed and verified. These new models were optimized for two operationally significant forecast intervals. The first model was optimized for the 0.5 hour lightning advisories issued by the 45th Weather Squadron. An additional 1.5 hours was allowed for sensor dwell, communication, calculation, analysis, and advisory decision by the forecaster. Therefore the 0.5 hour advisory model became a 2 hour forecast model for lightning within the 45th Weather Squadron advisory areas. The second model was optimized for major ground processing operations supported by the 45th Weather Squadron, which can require lightning forecasts with a lead-time of up to 7.5 hours. Using the same 1.5 lag as in the other new model, this became a 9 hour forecast model for lightning within 37 km (20 NM)) of the 45th Weather Squadron advisory areas. The two new models were built using binary logistic regression from a list of 26 candidate predictor variables: the current GPS-PW value, the change of GPS-PW over 0.5 hour increments from 0.5 to 12 hours, and the K-index. The new 2 hour model found the following for predictors to be statistically significant, listed in decreasing order of contribution to the forecast: the 0.5 hour change in GPS-PW, the 7.5 hour change in GPS-PW, the current GPS-PW value, and the KIndex. The new 9 hour forecast model found the following five independent variables to be statistically significant, listed in decreasing order of contribution to the forecast: the current GPSPW value, the 8.5 hour change in GPS-PW, the 3.5 hour change in GPS-PW, the 12 hour change in GPS-PW, and the K-Index. In both models, the GPS-PW parameters had better correlation to the lightning forecast than the K-Index, a widely used thunderstorm index. Possible future improvements to this study are discussed

Characteristics and Management of Emergency Department Patients Presenting with C2 Cervical Spine Fractures

Background. C2 cervical fractures account for approximately 18% of cervical spine injuries. Few studies have examined patients presenting to an emergency department (ED) with this injury relative to demographics, injury mechanism, and hospital course. Objectives. To compare multiple variables of ED patients presenting with these types of injuries. Methods. In this retrospective cohort study, data were obtained from the Trauma Registry of an academic trauma referral center from January 1, 2011, to December 31, 2015. Patients who presented with a C2 fracture were identified. Information regarding the patient’s gender, age, mechanism of injury, associated injuries, if a procedure was required, disposition, and mortality was extracted. Comparative analyses were conducted between cases over or under age 60.Results. Between January 1, 2011, to December 31, 2015, a total of 139 patients with C2 fractures were identified. Most patients were 60 years or older (79%). Of those, 62% were female, and falls were the most common mechanism (78%). Of those under 60, 50% were female and motor vehicle crashes (MVCs) were the most common mechanism (71%). Odontoid fractures comprised 84% of C2 fractures. Only 6% had an associated spinal cord injury. Less than one-third of patients required operative intervention for their spinal injuries, and intervention was more common in older patients. Following admission, 19% of patients required placement into a nursing home or skilled nursing facility. Conclusions. C2 fractures are more common in older adults and usually resulted from falls. Odontoid fractures are most common. Most C2 fractures do not result in neurologic injury, and only a third were treated surgically. However, several patients were unable to return to their homes following their injury

Advancing the Sea Ice Hypothesis: Trophic Interactions Among Breeding Pygoscelis Penguins With Divergent Population Trends Throughout the Western Antarctic Peninsula

We evaluated annual and regional variation in the dietary niche of Pygoscelis penguins including the sea ice-obligate Adélie penguin (Pygoscelis adeliae), and sea ice-intolerant chinstrap (Pygoscelis antarcticus) and gentoo (Pygoscelis papua) penguins, three species that nest throughout the western Antarctic Peninsula (AP) to test the sea ice trophic interaction hypothesis, which posits that penguin breeding populations with divergent trends, i.e., declining or increasing, are reliant on differing food webs. Our study relies on values of naturally occurring carbon (13C/12C, δ13C) and nitrogen (15N/14N, δ15N) stable isotopes as integrated proxies of penguin food webs measuredover three years at three different breeding colonies. At Anvers Island in the north, where reductions in sea ice and changes in breeding population trends among sympatric sea ice-obligate (Adélie) and sea ice-intolerant (chinstrap and gentoo) penguins have been most notable, our analyses show that all three species of Pygoscelis penguins became more similar isotopically over the reproductive period

Mutations in the E2 Glycoprotein of Venezuelan Equine Encephalitis Virus Confer Heparan Sulfate Interaction, Low Morbidity, and Rapid Clearance from Blood of Mice

AbstractThe arbovirus, Venezuelan equine encephalitis virus (VEE), causes disease in humans and equines during periodic outbreaks. A murine model, which closely mimics the encephalitic form of the disease, was used to study mechanisms of attenuation. Molecularly cloned VEE viruses were used: a virulent, epizootic, parental virus and eight site-specific glycoprotein mutants derived from the parental virus. Four of these mutants were selected in vitro for rapid binding and penetration, resulting in positive charge changes in the E2 glycoprotein from glutamic acid or threonine to lysine (N. L. Davis, N. Powell, G. F. Greenwald, L. V. Willis, B. J. Johnson, J. F. Smith, and R. E. Johnston, Virology 183, 20–31, 1991). Tissue culture adaptation also selected for the ability to bind heparan sulfate as evidenced by inhibition of plaque formation by heparin, decreased infectivity for CHO cells deficient for heparan sulfate, and tight binding to heparin–agarose beads. In contrast, the parental virus and three other mutants did not use heparan sulfate as a receptor. All eight mutants were partially or completely attenuated with respect to mortality in adult mice after a subcutaneous inoculation, and the five mutants that interacted with heparan sulfate in vitro had low morbidity (0–50%). These same five mutants were cleared rapidly from the blood after an intravenous inoculation. In contrast, the parental virus and the other three mutants were cleared very slowly. In summary, the five VEE viruses that contain tissue-culture-selected mutations interacted with cell surface heparan sulfate, and this interaction correlated with low morbidity and rapid clearance from the blood. We propose that one mechanism of attenuation is rapid viral clearance in vivo due to binding of the virus to ubiquitous heparan sulfate