Showing papers on "Notice published in 2010"
TL;DR: Black and Devereux as mentioned in this paper present an overview of the recent development in international mobility in the context of the Handbook of Labor Economics (HOLE), which is published by the National Bureau of Economic Research.
Abstract: NBER WORKING PAPER SERIESRECENT DEVELOPMENTS IN INTERGENERATIONAL MOBILITYSandra E. BlackPaul J. DevereuxWorking Paper 15889http://www.nber.org/papers/w15889NATIONAL BUREAU OF ECONOMIC RESEARCH1050 Massachusetts AvenueCambridge, MA 02138April 2010Prepared for the Handbook of Labor Economics. We would like to thank Anders Bjorklund, DanHamermesh, Helena Holmlund, Kanika Kapur, Gary Solon, Alexandra Spitz-Oener, and Steve Trejofor helpful comments. Prudence Kwenda provided excellent research assistance. Devereux thanksthe Irish Research Council for the Humanities and Social Sciences (IRCHSS) for financial support.This chapter was completed while Black was on leave at the Department of Economics, Universityof Texas, Austin. The views expressed herein are those of the authors and do not necessarily reflectthe views of the National Bureau of Economic Research.© 2010 by Sandra E. Black and Paul J. Devereux. All rights reserved. Short sections of text, not toexceed two paragraphs, may be quoted without explicit permission provided that full credit, including© notice, is given to the source.
365 citations
01 Jan 2010
TL;DR: This article reviewed the evidence for the Noticing Hypothesis, as well as the major objections that have been raised against it, paying particular attention to learner characteristics such as motivation, aptitude, and language learning history that affect what learners notice and become aware of when processing L2 input.
Abstract: The Noticing Hypothesis—an hypothesis that input does not become intake for language learning unless it is noticed, that is, consciously registered (Schmidt, 1990, 2001)—has been around now for about two decades and continues to generate experimental studies, suggestions for L2 pedagogy, conference papers and controversy. To many people, the idea that SLA is largely driven by what learners pay attention to and become aware of in target language input seems the essence of common sense. In the simplest terms, people learn about the things that they pay attention to and do not learn much about the things they do not attend to. Others consider the hypothesis to be undesirably vague, lacking in empirical support, or incompatible with well-grounded theories. In this talk I will review the evidence for the hypothesis, as well the major objections that have been raised against it, paying particular attention to learner characteristics such as motivation, aptitude, and language learning history that affect what learners notice and become aware of when processing L2 input.
311 citations
Patent•
27 Sep 2010
TL;DR: In this article, a method for providing a game advisory notice to players of a wagering game is described, which includes an estimated amount of play time that can be expected to be achieved given a specified bankroll for the game.
Abstract: In one embodiment, a method provides for providing a game advisory notice to players of a wagering game. The game advisory notice may comprise, for example, an estimated amount of play time that can be expected to be achieved given a specified bankroll for the wagering game. In another example, the game advisory notice may comprise an estimated bankroll that is expected to be sufficient to fund a specified amount of play time for the wagering game.
149 citations
Patent•
24 Jun 2010
TL;DR: In this article, an IBI reader is adapted for hand held operation to read information bearing indicia (IBI) at a point of transaction (POT) and is operated by configuring the reader in a store to provide at least one store specific IBI read notice to a customer when each IBI is read.
Abstract: An indicia reader is adapted for hand held operation to read information bearing indicia (IBI) at a point of transaction (POT) and is operated by: configuring the indicia reader in a store to provide at least one store specific indicia read notice; reading an IBI at a POT with the indicia reader and providing the at least one store specific indicia read notice to a customer when each IBI is read
101 citations
01 Mar 2010
TL;DR: After hearing from more than 70 speakers at two standing-room only workshops, at least one theme is emerging: notice and choice are inadequate tools for protecting information privacy or security.
Abstract: The US Federal Trade Commission (FTC) has embarked on a series of three workshops on exploring privacy. The first, in December 2009 in Washington, DC, focused on market and regulatory issues; the second, in January in Berkeley, California, examined technological issues; and the third, scheduled for March in Washington again, will focus on possible solutions. But after hearing from more than 70 speakers at two standing-room only workshops, at least one theme is emerging: notice and choice are inadequate tools for protecting information privacy or security.
91 citations
TL;DR: Following this review of evidence and after due consideration, it is clear that there are few cardiovascular conditions that warrant the denial of fitness to fly as a passenger.
Abstract: Following this review of evidence and after due consideration, it is clear that there are few cardiovascular conditions that warrant the denial of fitness to fly as a passenger. Given the right aircraft, on-board equipment and appropriately qualified and experienced escort personnel, aircraft can act as flying intensive care units and carry extremely ill passengers.1
For those with cardiovascular disease who are not critically ill but who wish to fly on commercial aircraft, the aircraft environment does not pose a significant threat to their health. It is only when their underlying condition is associated with a significant risk of acute deterioration that reasonable restrictions should apply. For those at the more severe end of the spectrum of their specific cardiovascular condition, services exist to help make the journey more easily and safely. Most carriers and airport authorities provide assistance on the ground and in the air. Oxygen is available on most major carriers, although this is sometimes subject to a charge and at least 7 days notice is normally required.2
Passengers are advised to plan their arrival at the airport in plenty of time to avoid having to rush and to warn the carrier and/or airport authority of any requirements for assistance, including requirement for in-flight oxygen, well in advance of the date of departure. They are strongly advised to ensure they have an appropriate supply of their medication, a clear list of the medications and doses they take and a letter of explanation from their doctor regarding their condition, drugs, allergies and devices (eg, pacemaker).
Physicians are advised to consider the stability of a passenger's condition and apply the guidance herein.
The authors have contributed to this document in good faith and consider it to be an honest conclusion of the review of evidence and assessment of the …
81 citations
Book•
20 May 2010
Abstract: Creative Participation presents the theory and practice of new innovative forms of political participation. Examples covered in the book include consumers engaging in political shopping, capitalists building green developments, UK Muslim youth campaigning on the internet, Sicilian housewives taking on the Mafia, young evangelical ministers becoming concerned with social change and vegetarians making political statements. The authors show how in these new campaigns individuals swarm like honeybees around particular issues, causing those in power to sit up and take notice. This is the essential guide to the new politics of participation.
79 citations
TL;DR: The saliency of the latter was systematically varied and was found to be predictive for the proportion of detected information when relevant and irrelevant information were spatially separated but not when they overlapped.
Abstract: The ability to notice relevant visual information has been assumed to be determined both by the relative salience of relevant information compared with distracters within a given display and by vol...
68 citations
01 Feb 2010
TL;DR: In this article, the authors set out the framework for rewarding cooperation in the Commission investigation by undertakings which are or have been party to secret cartels affecting the Community, which are agreements and/or concerted practices between two or more competitors aimed at coordinating their competitive behaviour on the market and influencing the relevant parameters of competition through practices such as the fixing of purchase or selling prices or other trading conditions.
Abstract: (1) This notice sets out the framework for rewarding cooperation in the Commission investigation by undertakings which are or have been party to secret cartels affecting the Community. Cartels are agreements and/or concerted practices between two or more competitors aimed at coordinating their competitive behaviour on the market and/or influencing the relevant parameters of competition through practices such as the fixing of purchase or selling prices or other trading conditions, the allocation of production or sales quotas, the sharing of markets including bid-rigging, restrictions of imports or exports and/or anti-competitive actions against other competitors. Such practices are among the most serious violations of Article 81 EC ().
55 citations
01 Jan 2010
TL;DR: The Marine Mammal Commission, in consultation with its Committee of Scientific Advisors on Marine Mammals, has reviewed the application submitted by Shell Offshore Inc. under section 101 (a) (5) (D) of the MPA.
Abstract: The Marine Mammal Commission, in consultation with its Committee of Scientific Advisors on Marine Mammals, has reviewed the application submitted by Shell Offshore Inc. under section 101 (a) (5) (D) of the Marine Mammal Protection Act. The applicant is seeking authorization to take marine mammals by harassment incidental to a proposed open-water marine survey program in the Beaufort and Chukchi Seas, Alaska, between July and October 2010. The Commission also has reviewed the National Marine Fisheries Service's 18 May 2010 Federal Register notice (75 Fed. Reg. 27708) announcing receipt of the application and proposing to issue an authorization to Shell to take eight species of marine mammals by Level B harassment during the specified activity.
52 citations
Journal Article•
TL;DR: In the 2008 U.S. presidential election, several videos were removed from the McCain-Palin campaign's YouTube channel, replaced with the terse advisory: "This video is no longer available due to a copyright claim" as mentioned in this paper.
Abstract: Table of Contents I. Introduction II. DMCA's Chill as "Prior Restraint by Proxy" A. Error Costs of the DMCA B. Intermediation. C. The DMCA and the Economics of Speech III. First Amendment Problems A. Copyright and the First Amendment B. Prior Restraints on Speech C. Understanding Chilling Effects D. Chill, Intermediated IV. The Chill Winds of Copyright and DMCA A. Errors and pressures B. The Chill in Practice C. "Repeat Infringers" D. Limited Warming? E. Against Copyright Secondary Liability V. Reforming Copyright Takedown I. Introduction The 2008 U.S. Presidential race was a multi-media campaign. The candidates organized volunteers and engaged voters online, their partisans created video clips, and the campaigns themselves used numerous existing and new platforms to share the word and get out the vote. (1) The McCain-Palin campaign reached out to voters by establishing a "channel" on the YouTube platform, (2) posting video clips where viewers could subscribe to the feed. But in October, just weeks before the general election, several videos were removed from the McCain campaign's YouTube channel, replaced with the terse advisory: "This video is no longer available due to a copyright claim." The videos in question? Campaign advertisements. The claimants included CBS News, Fox News, the Christian Broadcasting Network, and NBC News, each apparently alleging that the ads infringed their copyrighted television programs. (3) The McCain-Palin campaign wrote an impassioned letter to YouTube: We write ... to alert you to a problem that has already chilled this free and uninhibited discourse.... [O]verreaching copyright claims have resulted in the removal of non-infringing campaign videos from YouTube, thus silencing political speech.... [O]ur advertisements or web videos have been the subject of [Digital Millennium Copyright Act] takedown notices regarding uses that are clearly privileged under the fair use doctrine. The uses at issue have been the inclusion of fewer than ten seconds of footage from news broadcasts in campaign ads or videos, as a basis for commentary on the issues presented in the news reports, or on the reports themselves. (4) McCain-Palin's counsel urged YouTube to make an exception for the videos posted by political candidates and campaigns. (5) He suggested that YouTube commit to a legal review of these political videos and decline to remove clearly non-infringing material, rather than taking down and insisting on a Digital Millennium Copyright Act ("DMCA") waiting period of ten to fourteen business days. (6) YouTube responded the next day, but said its hands were tied by the DMCA and that it would not play favorites among the many videos posted. (7) YouTube's counsel stated that "YouTube is merely an intermediary in this exchange, and does not have direct access to ... critical information" regarding copyright ownership and infringement. (8) McCain could counter-notify, sue, and use the court of public opinion to pillory the complainants, but he could not get the videos restored to YouTube before the expiration of the statutory delay--less than a month before November's general election. Senator (or President) McCain could also, YouTube suggested, work to change the law so that others were not ensnared by it in the future. (9) If there was ever a clear case of non-infringing fair use--speech protected by the First Amendment--this should have been it: a political candidate, seeking to engage in public multimedia debate, used video snippets from the television programs on which the issues were discussed. (10) Following standard DMCA-induced policy, (11) however, YouTube never examined the legal validity of the underlying copyright complaint. (12) So long as the claimant sent notice to YouTube compliant with the statute's formal requirements, (13) YouTube would respond expeditiously to remove the claimed video. …
Posted Content•
TL;DR: In this article, the authors model the investor's decision to withdraw capital as a real option and treat lockups and notice periods as exercise restrictions, and estimate a two-year lockup with a three-month notice period costs approximately 1% of the initial investment for an investor with CRRA utility and risk aversion of three.
Abstract: Hedge funds often impose lockups and notice periods to limit the ability of investors to withdraw capital. We model the investor's decision to withdraw capital as a real option and treat lockups and notice periods as exercise restrictions. Our methodology incorporates time-varying probabilities of hedge fund failure and optimal early exercise. We estimate a two-year lockup with a three-month notice period costs approximately 1% of the initial investment for an investor with CRRA utility and risk aversion of three. The cost of illiquidity can easily exceed 10% if the hedge fund manager can arbitrarily suspend withdrawals.
TL;DR: In this article, the authors estimate that a two-year lockup with a three-month notice period costs approximately 1% of the initial investment for an investor with constant relative risk aversion utility and risk aversion of three.
Abstract: Hedge funds often impose lockups and notice periods to limit the ability of investors to withdraw capital. We model the investor s decision to withdraw capital as a real option and treat lockups and notice periods as exercise restrictions. Our methodology incorporates time-varying probabilities of hedge fund failure and optimal early exercise. We estimate a two-year lockup with a threemonth notice period costs approximately 1% of the initial investment for an investor with constant relative risk aversion utility and risk aversion of three. The cost of illiquidity can easily exceed 10% if the hedge fund manager can arbitrarily suspend withdrawals. Hedge funds and funds-of-fiinds, along with many other alternative investment vehicles, place a variety of restrictions on the ability of investors to redeem their capital. A lockup requires an investor to wait a specified length of time after the initial deposit of capital, typically one to three years, before requesting a redemption. A notice period requires an investor to wait a specified length of time, typically one to three months, before a redemption request is processed. In addition, fund managers often have the authority to process only a fraction of a redemption request, known as a gate, or to suspend redemptions altogether. As argued by Aragon (2007), the advantage of redemption restrictions is that they allow fund managers to invest in illiquid assets and earn an associated return premium. Redemption restrictions can levy an important cost if they prevent investors from withdrawing capital before anticipated losses are realized.1 Our goal is to develop a methodology to estimate the implied cost of redemption restrictions, thereby allowing investors to more accurately tabulate hedge fund fees. We model the ability of a risk-averse investor to withdraw capital as a real option. Upon exercise, the investor gives up ownership in the fund and receives a cash payoff per share equal to the fund's net asset value (NAV). The investor exercises the option when the investor's own valuation of a share of ownership in the fund, expressed as a certainty equivalent, falls below the NAV We assume investors value the fund taking into account the probability of fund failure, liquidation costs, and the impact of future exercise decisions. These considerations are not completely captured in the fund's NAV Redemption restrictions, such as lockups and notice periods, constrain the investor's
TL;DR: It is argued that despite the success of the anti-sweatshop movement in a global context, the neo-liberal state in Malaysia continues to place certain restrictions on transnational labour migrants which breach garment industry codes of conduct.
Abstract: In the last decade factory owners, in response to brand-name Corporate Social Responsibility (CSR) parameters, have joined associations that verify (through a monitoring and audit system) that management does not exploit labour. There have been no reports of violations of codes of conduct concerning Malaysian workers but for foreign workers on contract there are certain areas that have been reported. These areas, including trade union membership, the withholding of workers' passports and unsuitable accommodation, generally escape notice because auditors who monitor factory compliance do not question the terms of contracts as long as they comply with national labour standards. This paper is based on research with foreign workers in Malaysia and argues that despite the success of the anti-sweatshop movement in a global context, the neo-liberal state in Malaysia continues to place certain restrictions on transnational labour migrants which breach garment industry codes of conduct. Available evidence does not support the assumption that CSR practices provide sufficient protection for both citizen and foreign workers on contract in the garment industry.
TL;DR: In this article, the authors examined consumer behavior during two water notices that were issued as a result of serious flooding in Gloucestershire, United Kingdom, during the summer of 2007, and found a high degree of confusion regarding which notice was in place at which time.
Abstract: During times of public health emergencies, effective communication between the emergency response agencies and the affected public is important to ensure that people protect themselves from injury or disease. In order to investigate compliance with public health advice during natural disasters, we examined consumer behaviour during two water notices that were issued as a result of serious flooding. During the summer of 2007, 140,000 homes in Gloucestershire, United Kingdom, that are supplied water from Mythe treatment works, lost their drinking water for up to 17 days. Consumers were issued a 'Do Not Drink' notice when the water was restored, which was subsequently replaced with a 'Boil Water' notice. The rare occurrence of two water notices provided a unique opportunity to compare compliance with public health advice. Information source use and other factors that may affect consumer perception and behaviour were also explored. A postal questionnaire was sent to 1,000 randomly selected households. Chi-square, ANOVA, MANOVA and generalised estimating equation (with and without prior factor analysis) were used for quantitative analysis. In terms of information sources, we found high use of and clear preference for the local radio throughout the incident, but family/friends/neighbours also proved crucial at the onset. Local newspapers and the water company were associated with clarity of advice and feeling informed, respectively. Older consumers and those in paid employment were particularly unlikely to read the official information leaflets. We also found a high degree of confusion regarding which notice was in place at which time, with correct recall varying between 23.2%-26.7%, and a great number of consumers believed two notices were in place simultaneously. In terms of behaviour, overall non-compliance levels were significantly higher for the 'Do Not Drink' notice (62.9%) compared to the 'Boil Water' notice (48.3%); consumers in paid employment were not likely to comply with advice. Non-compliance with the general advice to boil bowser water was noticeably lower (27.3%). Higher non-compliance during the 'Do Not Drink' notice was traced to the public's limited knowledge of water notices and their folk beliefs about the protection offered from boiling water. We suggest that future information dissemination plans reduce reliance on official leaflets and maximise the potential of local media and personal networks. Current public health education programmes are recommended to attend to insufficient and incorrect public knowledge about precautionary actions.
TL;DR: The authors empirically established the effect of the employer's term of notice on the wage level of employees and found that an additional month of notice increases wages by three percent, ceteris paribus.
04 Jun 2010
TL;DR: On March 2, 2010, the Department of Health and Human Services secretary released a notice of proposed rulemaking for establishing a certification program for electronic health records (EHRs).
Abstract: On March 2, 2010, the Department of Health and Human Services secretary released a notice of proposed rulemaking for establishing a certification program for electronic health records (EHRs).1
TL;DR: Di Tella and Perez-Truglia as discussed by the authors used the NBER Working Paper 16645 to argue against the tendency of opponents to tolerate anti-altrusiveness by derating beliefs about others.
Abstract: NBER WORKING PAPER SERIESCONVENIENTLY UPSET:AVOIDING ALTRUISM BY DISTORTING BELIEFS ABOUT OTHERSRafael Di TellaRicardo Perez-TrugliaWorking Paper 16645http://www.nber.org/papers/w16645NATIONAL BUREAU OF ECONOMIC RESEARCH1050 Massachusetts AvenueCambridge, MA 02138December 2010We thank Micaela Sviatschi for excellent research assistance. Rafael Di Tella thanks the support ofthe Canadian Institute for Advanced Research. The views expressed herein are those of the authorsand do not necessarily reflect the views of the National Bureau of Economic Research.NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies officialNBER publications.© 2010 by Rafael Di Tella and Ricardo Perez-Truglia. All rights reserved. Short sections of text, notto exceed two paragraphs, may be quoted without explicit permission provided that full credit, including© notice, is given to the source.
TL;DR: In this article, the authors describe how academics currently comprehend quality assessment, paying particular attention to self-evaluations and quality assurance systems, and cast light on how academics are responding to the increasing university assessment activities.
Abstract: In Europe, national quality assurance systems of higher education have begun to be established. In Finland, this development has had the consequence of forcing universities to take notice of assessment procedures. However, little is known about the procedures taking place in individual academic departments as a result of this pan‐European trend. This article describes how academics currently comprehend quality assessment, paying particular attention to self‐evaluations and quality assurance systems. Altogether, the paper casts light on how academics are responding to the increasing university assessment activities.
16 Aug 2010
TL;DR: This approach is illustrated by the attempts to design and understand the role of situated display technologies in a rural community, which has led to the development of a photo display and digital notice board, guided by the community's involvement.
Abstract: We present our experiences of using an iterative, prototype-driven approach to developing social systems with the participation of communities, inspired by probe-based methodologies. This approach is illustrated by our attempts to design and understand the role of situated display technologies in a rural community, which has led to the development of a photo display and digital notice board, guided by the community's involvement.
Posted Content•
TL;DR: In this article, a response to the FCC's Notice of Inquiry (09-94) on Empowering Parents and Protecting Children in an Evolving Media Landscape (PDF), the authors synthesize current research and data on the media practices of youth.
Abstract: This paper is a response to the FCC's Notice of Inquiry (09-94) on Empowering Parents and Protecting Children in an Evolving Media Landscape (PDF). The response synthesizes current research and data on the media practices of youth, focusing on three main areas -- 1) Risky Behaviors and Online Safety, 2) Privacy, Publicity and Reputation, and 3) Information Dissemination, Youth-Created Content and Quality of Information -- in order to highlight issues of genuine concern, such as growing participation and literacy gaps, and, crucially, in order to discuss the positive and creative opportunities that electronic media provide for young people. In each area, potential policy responses are discussed.
TL;DR: Results show that the procedure was ineffective for all 3 participants and advance notice plus physical guidance or physical guidance alone was necessary to increase compliance.
Abstract: Advance notice of an upcoming instruction was evaluated to increase compliance among 3 children (4 to 5 years old) who exhibited noncompliance. Results show that the procedure was ineffective for all 3 participants. Advance notice plus physical guidance or physical guidance alone was necessary to increase compliance.
01 Jan 2010
TL;DR: In this paper, the authors proposed a comparative decentralization assessment framework which guides a rapid assessment of a country's local public sector, including its political-administrative structures, its system of intergovernmental relations and the financing and functioning of the country's decentralized local governments.
Abstract: There is a growing recognition within the global development community that the public sector in developing and transition countries must be made to function more effectively and efficiently in the pursuit of their own development and poverty reduction ambitions. This cannot be done without considering the critical role of the local public sector, since most (pro-poor) public services are delivered at the local level, whether by the deconcentrated departments of line ministries or by devolved local government authorities. While the development community seeks to better understand the complex interrelations that drive the performance of decentralized political, administrative and fiscal systems, there is a dearth of relevant comparative information and data when it comes to the details of these decentralized systems, especially in developing and transition economies. This paper proposes a comparative decentralization assessment framework which guides a rapid assessment of a country’s local public sector, including its political-administrative structures, its system of intergovernmental relations and the financing and functioning of the country’s decentralized local governments. Copyright 2010, The Urban Institute Center on International Development and Governance. No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means without prior written permission from the copyright owner.
TL;DR: Fan et al. as mentioned in this paper present the NBER Working Paper 16542 for discussion and comment purposes, which has not been peer-reviewed or been subject to the review by NBER Board of Directors that accompanies official NBER publications.
Abstract: NBER WORKING PAPER SERIESEMBEZZLEMENT VERSUS BRIBERYC. Simon FanChen LinDaniel TreismanWorking Paper 16542http://www.nber.org/papers/w16542NATIONAL BUREAU OF ECONOMIC RESEARCH1050 Massachusetts AvenueCambridge, MA 02138November 2010We thank Robin Boadway, Kenneth Chan, Avinash Dixit, Rouzhu Ke, Dennis Yang, and seminarparticipants at Chinese University of Hong Kong, City University of Hong Kong, and the 2010 conferenceof the Society for the Advancement of Economic Theory for very helpful discussions and comments. Daniel Treisman gratefully acknowledges support from the UCLA College of Letters and Sciences.The views expressed herein are those of the authors and do not necessarily reflect the views of theNational Bureau of Economic Research.NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies officialNBER publications.© 2010 by C. Simon Fan, Chen Lin, and Daniel Treisman. All rights reserved. Short sections of text,not to exceed two paragraphs, may be quoted without explicit permission provided that full credit,including © notice, is given to the source.
Patent•
20 Dec 2010TL;DR: In this paper, the authors present techniques for conducting an automated analysis of operations carried out during the critical path for a usage scenario and suggesting ways in which the configuration of the computing device could be changed to affect performance of the device.
Abstract: Techniques for conducting an automated analysis of operations carried out during the critical path for a usage scenario and suggesting ways in which the configuration of the computing device could be changed to affect performance of the computing device. Computing devices can be operated in a variety of usage scenarios and users may notice the performance of a computing device in certain usage scenarios more particularly. Critical path analysis of operations conducted in these usage scenarios can be used to identify a critical path of the usage scenario, from which changes that could be made to the computing device to affect performance could be identified. Once the changes that could be made are identified, suggestions can be made to the user, such that a user is able to make changes to the configuration to affect performance when the user has little knowledge about how to improve configurations.
Posted Content•
TL;DR: This paper examined the historical evidence regarding the original public meaning of the Due Process Clauses of both the Fifth and Fourteenth Amendments with a single question in mind: Did the original meaning of each Clause, at the time of its enactment, encompass a recognizable form of substantive due process.
Abstract: The nature and scope of the rights protected by the Due Process Clauses of the Fifth and Fourteenth Amendments is one of the most debated topics in all of constitutional law At the core of this debate is the question of whether these Clauses should be understood to protect only “procedural” rights, such as notice and the opportunity for a hearing, or whether the due process guarantee should be understood to encompass certain “substantive” protections as well An important, though little explored assumption shared by participants on both sides of this debate is that the answer to the substantive-due-process question must be the same for both provisions This article questions that assumption by separately examining the historical evidence regarding the original public meaning of the Due Process Clauses of both the Fifth and Fourteenth Amendments with a single question in mind: Did the original meaning of each Clause, at the time of its enactment, encompass a recognizable form of substantive due process‘ At the time of the Fifth Amendment’s ratification in 1791, the phrase “due process of law,” and the closely related phrase “law of the land,” were widely understood to refer primarily to matters relating to judicial procedure with the second phrase having a somewhat broader connotation referring to existing positive law Neither of these meanings was broad enough to encompass something that would today be recognized as “substantive due process” Between 1791 and the Fourteenth Amendment’s enactment in 1868, due process concepts evolved dramatically, both through judicial decisions at the state and federal levels and through the invocation of due-process concepts by both pro-slavery and abolitionist forces in the course of constitutional arguments over the expansion of slavery By 1868, a recognizable form of substantive due process had been embraced by courts in at least 20 of the 37 then-existing states as well as by the United States Supreme Court and by the authors of the leading treatises on constitutional law As a result, my conclusion is that the original meaning of one, and only one, of the two Due Process Clauses – the Due Process Clause of the Fourteenth Amendment – was broad enough to encompass a recognizable form of substantive due process
Journal Article•
TL;DR: In this paper, the authors investigated reasons for teacher contract non-renewal of probationary teachers and found that the most common legal reasons often include incompetence, insubordination, and immorality.
Abstract: All states differentiate between the requirements for ending the employment of teachers depending on their tenure status. Most importantly, a tenured teacher must be afforded certain procedural rights prior to dismissal or termination. These rights generally include notice of the grounds for the action and the opportunity to a hearing. Depending on the statutory protections of the state granting tenure, tenured teachers often must be provided with names of witnesses, the power of subpoena to compel production of documents and testimony of witnesses, the right to counsel at all stages of the process, and the right to appeal. Non-tenured, or probationary teachers, are not generally afforded the same due process rights as tenured teachers. Probationary teachers are considered to be "at-will" employees. They may be non-renewed without cause at the option of the employer upon proper notice of the intent not to renew by the employing school board at the end of any contract year. The legal precedent for this is found in Roth v Board of Regents, 408 U.S. 564 (1972). In this 1972 case the Court held that non-tenured teachers need not be given due process unless the non-renewal deprived the teacher of a property or liberty interest. A property interest means that a teacher has a legal expectation of continuing employment, which a probationary teacher on a one year renewable contract does not. A liberty interest is the right of a teacher not to have their reputation defamed. A contract renewal generally states no reason for a new contract not to be tendered (without cause). Therefore, there is no violation of a liberty interest for the probationary teacher as no reasons for non-renewal are made public. In each of the states analyzed in this study, teachers are placed on probationary status for three years before they are tendered a contract that grants them tenure or an expectation of continuing employment. Teacher contract non-renewal transpires for a variety of reasons. Common reasons may include excessive absenteeism and tardiness, neglect of duty, abusive language, administering corporal punishment, insubordination, unethical conduct, sexual misconduct, abuse of a controlled substance, theft or fraud, misuse of a school computer, criminal misconduct outside the work setting, and conduct unbecoming a teacher (Lawrence, Vashon, Leake, & Leake, 2005). Legal causes for teacher non-renewal are typically defined in state statutes, and often include incompetency, insubordination, immorality, good cause, reduction in force, and contract violations. In all cases, the school principal is expected to act in a reasonable manner and to avoid arbitrary and capricious behavior. This study investigated reasons for the contract non-renewal of probationary teachers. Targeted school principals from Alabama, Georgia, and South Carolina responded to a mailed survey asking them to provide demographic information and to provide reasons they would be likely to recommend contract non-renewal for probationary teachers. Common Legal Reasons for Contract Non-Renewal Probationary teachers may have their contracts non-renewed without cause, however typical grounds exist. These most common legal reasons often include incompetence, insubordination, and immorality. The targeted principals were asked to identify the reasons that they would be most likely to recommend a contract non-renewal with the following answer choices provided: absenteeism, classroom management, ethical violations and inappropriate conduct, incompetence, professional demeanor, tardiness, and other (please specify). Teacher competence is viewed as a pattern of behavior rather than a single event. Alexander and Alexander (2009) most recently defined incompetence in the context of fitness to teach, noting that "fitness to teach is essential and contains a broad range of factors...lack of knowledge of subject matter, lack of discipline, unreasonable discipline, unprofessional conduct, and willful neglect of duty" (p. …
TL;DR: In this paper, the authors show that video can be a powerful tool to support teacher research, help teachers notice what's not readily visible in their daily teaching, transform their practice, and improve student learning.
Abstract: Video can be a powerful tool to support teacher research, help teachers notice what's not readily visible in their daily teaching, transform their practice, and improve student learning.
09 Aug 2010
TL;DR: A piece of a network surrounding the recent Denmark terror plan is studied through publicly available information and a piece of the network centered on David Headley, who recently confessed to have planned a terrorist attack to take place on Danish soil is mapped.
Abstract: This paper discusses new trends in terrorist networks. We investigate a new case study regarding the recent Denmark terror plan and present analysis of the thwarted plot. Analyzing covert networks after an incident is practically easy for trial purposes. Mapping clandestine networks to thwarted terrorist activities is much more complicated. The network surrounding the recent Denmark terror plan is studied through publicly available information. We are able to map a piece of the network centered on David Headley, who recently confessed to have planned a terrorist attack to take place on Danish soil. The map gives us an insight into the organizations and people involved.