Collective Bargaining—NLRB Order Prohibiting Boulwarism Held Enforceable

N.L.R.B. v. General Electric Co., 418 F.2d 736 (2d Cir. 1969)

United States v. Olin Corporation: How a Polluter Got Off Clean

Since its inception, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) has remained controversial because it does not explicitly mention the term retroactive in its text. However, until recently, no court had ever rejected CERCLA\u27s retroactive application. Nor had any court held that CERCLA was an unconstitutional stretch of Congress\u27 Commerce Clause authority. On May 20, 1996, the Southern District Court of Alabama ignored fourteen years of precedent by holding that CERCLA could not be applied retroactively and that the law exceeded Congress\u27 Commerce Clause authority in instances of intrastate groundwater contamination. The decision of United States v. Olin (Olin) was later reversed by the Eleventh Circuit in March of 1997. Since the Supreme Court has yet to resolve either issue, the possibility exists that the district court\u27s opinion could be followed in other jurisdictions. Given the imminent threat that hazardous substances pose to the environment and human health, the Olin decision is an ominous one. This Case Note will examine the merit of the Olin decision. Part II of the Case Note provides background information and the legislative history of CERCLA, as well as an overview of case law preceding Olin. Part III presents the facts, procedural history, holding and reasoning of Olin. A critical analysis of the Olin court\u27s decision to limit liability will examine the opinion\u27s effect on existing law and future cases in Part IV. Part V contains a summary of the court of appeals\u27 decision. Finally, Part VI concludes that the Olin court erroneously held that CERCLA was merely prospective and unconstitutional under the Commerce Clause

Creating Physical Education Lesson Plans Based on Ekvall’s Ten Dimensions of a Creative Climate

This project focused on the development of ten physical education lesson plans based on the creative climate research done by Goran Ekvall (1984, 1996, 1999). Each lesson plan was created with a deliberate focus on one dimension of a creative climate. The lessons were taught to a fourth grade class, twice a week, for forty minutes each class period. The project contains hypotheses and observations from the teacher, as well as responses from the students based their experiences of Ekvall’s ten dimensions. These observations and responses go a long way in determining that there is a definite need for Ekvall’s work to be infused into educational class settings. Much of the conversation between the teacher and students offered more suggestions and ideas for future use as well

The Application of Electric Fields in Biology and Medicine

We discuss a wide range of applications of electric fields in biology and medicine. For example, physiological strength (<500 V/m) fields are used to improve the healing of wounds, the stimulation of neurons, and the positioning and activation of cells on scaffolds for tissue engineering purposes. The brief, strong pulses used in electroporation are used to improve the insertion of drugs into tumors and DNA into cell nuclei. The references direct readers to detailed reviews of these applications. The mechanism by which cells detect physiological strength fields is not well understood. We also describe a field-transduction mechanism that shares features common to the detection of fluid shear by cells. We then provide some experimental evidence that supports our model

Differential item functioning in the Patient Reported Outcomes Measurement Information System Pediatric Short Forms in a sample of children and adolescents with cerebral palsy.

AIM: The present study examined the Patient Reported Outcomes Measurement Information System (PROMIS) Mobility, Fatigue, and Pain Interference Short Forms (SFs) in children and adolescents with cerebral palsy (CP) for the presence of differential item functioning (DIF) relative to the original calibration sample. METHOD: Using the Graded Response Model we compared item parameter estimates generated from a sample of 303 children and adolescents with CP (175 males, 128 females; mean age 15y 5mo) to parameter estimates from the PROMIS calibration sample, which served as the reference group. DIF was assessed in a two-step process using the item response theory-likelihood ratio-differential item functioning detection procedure. RESULTS: Significant DIF was identified for four of eight items in the PROMIS Mobility SF, for two of eight items in the Pain Interference Scale, and for one item out of 10 on the Fatigue Scale. Impact of DIF on total score estimation was notable for Mobility and Pain Interference, but not for Fatigue. INTERPRETATION: Results suggest differences in the responses of adolescents with CP to some items on the PROMIS Mobility and Pain Interference SFs. Cognitive interviews about the PROMIS items with adolescents with varying degrees of mobility limitations would provide better understanding of how they are interpreting and selecting responses to the PROMIS items and thus help guide selection of the most appropriate way to address this issue

Use of manual and powered wheelchair in children with cerebral palsy: a cross-sectional study

<p>Abstract</p> <p>Background</p> <p>Mobility is important for the cognitive and psychosocial development of children. Almost one third of children with cerebral palsy (CP) are non-ambulant. Wheelchairs can provide independent mobility, allowing them to explore their environment. Independent mobility is vital for activity and participation and reduces the dependence on caregivers. The purpose of this study was to describe the use of manual and powered wheelchair indoors and outdoors in relation to the degree of independent wheelchair mobility or need for assistance in a total population of children with CP.</p> <p>Methods</p> <p>A cross-sectional study was performed including all children aged 3-18 years with CP living in southern Sweden during 2008. Data was extracted from a register and health care programme for children with CP (CPUP). There were a total of 562 children (326 boys, 236 girls) in the register. Information on the child's use of manual and powered wheelchair indoors and outdoors and the performance in self-propelling or need for assistance were analysed related to age, CP subtype and gross motor function.</p> <p>Results</p> <p>Wheelchairs for mobility indoors were used by 165 (29%) of the 562 children; 61 used wheelchair for independent mobility (32 using manual only, 12 powered only, 17 both) and 104 were pushed by an adult. For outdoor mobility wheelchairs were used by 228 children (41%); 66 used a wheelchair for independent mobility (18 using manual only, 36 powered only, 12 both) and 162 were pushed. The use of wheelchair increased with age and was most frequent in the spastic bilateral and dyskinetic subtypes. Most powered wheelchairs were operated by children at GMFCS level IV.</p> <p>Conclusion</p> <p>In this total population of children with CP, aged 3-18 years, 29% used a wheelchair indoors and 41% outdoors. A majority using manual wheelchairs needed adult assistance (86%) while powered wheelchairs provided independent mobility in most cases (86%). To achieve a high level of independent mobility, both manual and powered wheelchairs should be considered at an early age for children with impaired walking ability.</p

Ease of Caregiving for Children: Re-Validation of Psychometric Properties of the Measure for Children with Cerebral Palsy up to 11 Years of Age.

PURPOSE: To re-validate stability and hierarchal ordering of items, test-retest reliability, and construct validity of the Ease of Caregiving for Children measure for parents of children with cerebral palsy (CP) up to 11 years of age. METHODS: Participants were 613 parents of children with CP between 1.5 and 11 years of age. Parents completed Ease of Caregiving for Children and both parents and therapists classified children\u27s levels of gross motor, manual and communication functions. RESULTS: Rasch analysis indicated acceptable fit of items, stable item calibration, and logical ordering of items by difficulty. Test-retest reliability was good: ICC = 0.69 (95% CI 0.52-0.81). For construct validity, ease of caregiving was higher for parents of children with higher functioning compared to parents of children with lower functioning, p \u3c .001. CONCLUSIONS: Ease of Caregiving for Children is a unidimensional, reliable and valid measure of physical caregiving for parents of children with CP 1.5-11 years

Parents\u27 Experiences and Perceptions when Classifying their Children with Cerebral Palsy: Recommendations for Service Providers.

AIMS: This study investigated the experiences and perceptions of parents of children with cerebral palsy (CP) when classifying their children using the Gross Motor Function Classification System (GMFCS), the Manual Ability Classification System (MACS), and the Communication Function Classification System (CFCS). The second aim was to collate parents\u27 recommendations for service providers on how to interact and communicate with families. METHODS: A purposive sample of seven parents participating in the On Track study was recruited. Semi-structured interviews were conducted orally and were audiotaped, transcribed, and coded openly. A descriptive interpretive approach within a pragmatic perspective was used during analysis. RESULTS: Seven themes encompassing parents\u27 experiences and perspectives reflect a process of increased understanding when classifying their children, with perceptions of utility evident throughout this process. Six recommendations for service providers emerged, including making the child a priority and being a dependable resource. CONCLUSIONS: Knowledge of parents\u27 experiences when using the GMFCS, MACS, and CFCS can provide useful insight for service providers collaborating with parents to classify function in children with CP. Using the recommendations from these parents can facilitate family-provider collaboration for goal setting and intervention planning