Employer Tuition Assistance: Current Approaches and the Application of the Implied Covenant of Good Faith and Fair Dealing

American corporations are increasingly expanding tuition reimbursement programs, potentially improving access to higher education for American workers. Yet, despite their increasing availability, only 2% of employees, as a percentage of those interested in pursuing further education, are utilizing these reimbursement programs. For those employees who do make use of these reimbursement programs, they may face unexpected challenges to accessing judicial remedies if a dispute arises. This Note takes an interdisciplinary approach to first explore employee risks and employer incentives under tuition reimbursement programs. On the employee side, a worker risks premature termination by expressing an interest in tuition reimbursement because her request could be seen as an intent to leave her current role. Moreover, an employee incurs a risk of frustrated expectations if she first pays, or takes on debt to pay, for tuition and the company terminates her prior to reimbursement. On the other hand, an employer’s immediate profit incentives may not align with employee use of these programs, as employers may reasonably expect increased labor costs and reduced employee focus on her work. With this theoretical background, this Note then investigates how current judicial doctrines apply to the adjudication of tuition reimbursement disputes. Given the strong presumption of employment relationships being at will, traditional contract and promissory estoppel doctrines are insufficient in resolving tuition reimbursement claims. Moreover, various federal and state statutes pertaining to antidiscrimination and employee benefits are equally insufficient for these purposes. In light of these shortcomings, this Note advocates for the extension of the implied covenant of good faith and fair dealing into employment relationships when an employer offers a tuition reimbursement program. This would create parity in judicial treatment between commercial and employment contracts and privilege the objective expectations of both the employee and employer. Finally, this Note provides policy considerations as to why standardization of the implied covenant of good faith and fair dealing is preferable as a normative matter

Liquid-liquid phase separation and morphology of internally mixed dicarboxylic acids/ammonium sulfate/water particles

Knowledge of the physical state and morphology of internally mixed organic/inorganic aerosol particles is still largely uncertain. To obtain more detailed information on liquid-liquid phase separation (LLPS) and morphology of the particles, we investigated complex mixtures of atmospherically relevant dicarboxylic acids containing 5, 6, and 7 carbon atoms (C5, C6 and C7) having oxygen-to-carbon atomic ratios (O:C) of 0.80, 0.67, and 0.57, respectively, mixed with ammonium sulfate (AS). With micrometer-sized particles of C5/AS/H_2O, C6/AS/H_2O and C7/AS/H_2O as model systems deposited on a hydrophobically coated substrate, laboratory experiments were conducted for various organic-to-inorganic dry mass ratios (OIR) using optical microscopy and Raman spectroscopy. When exposed to cycles of relative humidity (RH), each system showed significantly different phase transitions. While the C5/AS/H_2O particles showed no LLPS with OIR = 2:1, 1:1 and 1:4 down to 20% RH, the C6/AS/H_2O and C7/AS/H_2O particles exhibit LLPS upon drying at RH 50 to 85% and ~90%, respectively, via spinodal decomposition, growth of a second phase from the particle surface or nucleation-and-growth mechanisms depending on the OIR. This suggests that LLPS commonly occurs within the range of O:C < 0.7 in tropospheric organic/inorganic aerosols. To support the comparison and interpretation of the experimentally observed phase transitions, thermodynamic equilibrium calculations were performed with the AIOMFAC model. For the C7/AS/H_2O and C6/AS/H_2O systems, the calculated phase diagrams agree well with the observations while for the C5/AS/H_2O system LLPS is predicted by the model at RH below 60% and higher AS concentration, but was not observed in the experiments. Both core-shell structures and partially engulfed structures were observed for the investigated particles, suggesting that such morphologies might also exist in tropospheric aerosols

Renormalization and blow up for charge one equivariant critical wave maps

We prove the existence of equivariant finite time blow up solutions for the wave map problem from 2+1 dimensions into the 2-sphere. These solutions are the sum of a dynamically rescaled ground-state harmonic map plus a radiation term. The local energy of the latter tends to zero as time approaches blow up time. This is accomplished by first "renormalizing" the rescaled ground state harmonic map profile by solving an elliptic equation, followed by a perturbative analysis

A non-local inequality and global existence

In this article we prove a collection of new non-linear and non-local integral inequalities. As an example for $u\ge 0$ and $p\in (0,\infty)$ we obtain \int_{\threed} dx ~ u^{p+1}(x) \le (\frac{p+1}{p})^2 \int_{\threed} dx ~ \{(-\triangle)^{-1} u(x) \} \nsm \nabla u^{\frac{p}{2}}(x)\nsm^2. We use these inequalities to deduce global existence of solutions to a non-local heat equation with a quadratic non-linearity for large radial monotonic positive initial conditions. Specifically, we improve \cite{ksLM} to include all $\alpha\in (0, 74/75)$.Comment: 6 pages, to appear in Advances in Mathematic

Nondispersive solutions to the L2-critical half-wave equation

We consider the focusing $L^2$-critical half-wave equation in one space dimension $$i \partial_t u = D u - |u|^2 u,$$ where $D$ denotes the first-order fractional derivative. Standard arguments show that there is a critical threshold $M_* > 0$ such that all $H^{1/2}$ solutions with $\| u \|_{L^2} < M_*$ extend globally in time, while solutions with $\| u \|_{L^2} \geq M_*$ may develop singularities in finite time. In this paper, we first prove the existence of a family of traveling waves with subcritical arbitrarily small mass. We then give a second example of nondispersive dynamics and show the existence of finite-time blowup solutions with minimal mass $\| u_0 \|_{L^2} = M_*$. More precisely, we construct a family of minimal mass blowup solutions that are parametrized by the energy $E_0 >0$ and the linear momentum $P_0 \in \R$. In particular, our main result (and its proof) can be seen as a model scenario of minimal mass blowup for $L^2$-critical nonlinear PDE with nonlocal dispersion.Comment: 51 page

Comprehensive Uncertainty Quantification in Nuclear Safeguards

Nuclear safeguards aim to confirm that nuclear materials and activities are used for peaceful purposes. To ensure that States are honoring their safeguards obligations, quantitative conclusions regarding nuclear material inventories and transfers are needed. Statistical analyses used to support these conclusions require uncertainty quantification (UQ), usually by estimating the relative standard deviation (RSD) in random and systematic errors associated with each measurement method. This paper has two main components. First, it reviews why UQ is needed in nuclear safeguards and examines recent efforts to improve both top-down (empirical) UQ and bottom-up (first-principles) UQ for calibration data. Second, simulation is used to evaluate the impact of uncertainty in measurement error RSDs on estimated nuclear material loss detection probabilities in sequences of measured material balances

Native supercolonies of unrelated individuals in the invasive Argentine ant.

Kinship among group members has long been recognized as a main factor promoting the evolution of sociality and reproductive altruism, yet some ants have an extraordinary social organization, called unicoloniality, whereby individuals mix freely among physically separated nests. This type of social organization is not only a key attribute responsible for the ecological dominance of these ants, but also an evolutionary paradox because relatedness between nestmates is effectively zero. Recently, it has been proposed that, in the Argentine ant, unicoloniality is a derived trait that evolved after its introduction into new habitats. Here we test this basic assumption by conducting a detailed genetic analysis of four native and six introduced populations with five to 15 microsatellite loci and one mitochondrial gene. In contrast to the assumption that native populations consist of family-based colonies with related individuals who are aggressive toward members of other colonies, we found that native populations also form supercolonies, and are effectively unicolonial. Moreover, just as in introduced populations, the relatedness between nestmates is not distinguishable from zero in these native range supercolonies. Genetic differentiation between native supercolonies was very high for both nuclear and mitochondrial markers, indicating extremely limited gene flow between supercolonies. The only important difference between the native and introduced populations was that supercolonies were several orders of magnitude smaller in the native range (25-500 m). This size difference has important consequences for our understanding of the evolution and stability of unicolonial structures because the relatively small size of supercolonies in the native range implies that competition can occur between supercolonies, which can act as a break on the spread of selfish mutants by eliminating supercolonies harboring them