The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?

If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.     

Are civil servants really public servants? a study of bureaucratic attitudes in the U.S., brazil,and korea

The proper role of civil servants in the development of public policy has been the subject of continuous commentary and debate. In the advanced industrial democracies the operation of increasingly complex programs in government has led many commentators to warn of the danger of “technocracy”-- a condition wherein professional career administrators more fully control the direction of public policy than do elected representatives of the people. Likewise, in less developed nations there is concern over the role of public administrators in the development of policy. The charge of indifference to and disregard for public involvement and sentiment is frequently heard. Using data from a survey conducted in the U.S., Korea and Brazil, this paper examines the extent to which civil servants in each country adhere to a technocratic outlook. We find that although societies that are more economically advanced are less likely to adhere to a technocratic view, there is considerable variation within each research setting. Specifically, we find that technocratic orientations are more likely to be held by men, those who hold more materialist value orientations and those holding managerial occupations.     

Can Small High Schools of Choice Improve Educational Prospects for Disadvantaged Students?

This paper provides rigorous evidence (for 12,130 participants in a series of naturally occurring randomized lotteries) that a large‐scale high school reform initiative (New York City's creation of 100+ small high schools of choice between 2002 and 2008) can markedly and consistently increase high school graduation rates (by 9.5 percentage points overall and for many different student subgroups) for a large population of educationally and economically disadvantaged students of color without increasing annual school operating costs. These findings are directly relevant to current debates by policymakers and practitioners about how to improve the educational prospects of disadvantaged students in the United States.     

Theorizing strategies: Households and markets in 15th-century Tuscany

This article uses empirical evidence from rural Tuscany in the 15th century to compare three frameworks for conceptualizing household strategies: Chayanov's analysis of the domestic economy, Bourdieu's treatment of social reproduction, and Weber's distinction between budgetary units and profit-making enterprises. Although Bourdieu's framework did not work well in this context because there was little evidence that peasants employed strategies to prevent the division of land, there was considerable evidence to support Chayanov and Weber. As Chayanov predicted, many households allocated labor according to a tradeoff between providing for family members and avoiding drudgery. The Weberian perspective also worked well because it explained why these smallholders often divided their holdings and used money in their household strategies.     

Why do rape survivors volunteer for face-to-face interviews? A meta-study of victims' reasons for and concerns about research participation

There is growing interest in understanding how different research methods are perceived by victims of violence and what survivors will reveal to researchers (termed meta-research or meta-studies). The purpose of this project was to conduct a qualitative meta-study on why rape survivors chose to participate in community-based, face-to-face interviews. Participants mentioned four primary reasons for why they decided to participate in this study: (a) to help other survivors, (b) to help themselves, (c) to support research on rape/sexual assault, and (d) to receive financial compensation. Implications for designing research recruitment protocols are discussed.     

First-in-Human Trial Participants: Not a Vulnerable Population, but Vulnerable Nonetheless

The 21st-century translational science campaign could lead to an increase in first-in-human (FIH) trials. As tests of investigational interventions move from the laboratory to human research, scientists, officials, and review committees should address ongoing concerns about the ethics of FIH trials. In this article, I describe three ethical considerations relevant to all FIH trials: (1) the requirement for adequate preclinical research; (2) study design safeguards; and (3) choice of subject population. I also examine specific ethical considerations relevant to the three subject populations (healthy volunteers, seriously ill patients lacking standard treatment options, and stable patients) involved in FIH research. I recommend a variety of actions that could increase subject protection and the value of the information generated in FIH trials.     

A Website Content Analysis of Women’s Resources and Sexual Assault Literature on College Campuses

In an effort to examine how higher education institutions have provided women with resources to handle issues that disproportionately affect them, this study assessed the availability of women’s resource centers on college campuses within the United States, with a particular focus on sexual assault-related resources. A website content analysis was conducted, through which we coded to assess ease of use, clarity, and comprehensiveness of the programs and information made available to women. Although many universities had sexual assault literature, few had women’s resource centers. In addition, the quality of literature and programs varied greatly among the universities. Future research should attempt to explain organizational differences in college responses to the call for resources, as well as examine women’s experiences with resources on campus. Portions of this research were presented at the 2006 meetings of the American Society of Criminology in Los Angeles, CA and at the 2006 meetings of the Midwest Sociological Society in Omaha, NE.

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Off-Label Prescribing: A Call for Heightened Professional and Government Oversight

Under current U.S. law, physicians may prescribe drugs and devices in situations not covered on the label approved by the Food and Drug Administration. Those supporting this system say that requiring FDA approval for off-label uses would unnecessarily impede the delivery of benefits to patients. Patients do benefit from off-label prescribing that is supported by sound scientific and medical evidence. In the absence of such evidence, however, off-label prescribing can expose patients to risky and ineffective treatments. The medical community and federal authorities should more actively promote patients' interests in receiving beneficial off-label treatments. To exercise responsible self-regulation, members of the medical community must determine whether available evidence justifies specific off-label uses and must promote information-gathering when the evidence is inadequate. Physicians should also discuss with patients the uncertainties accompanying off-label uses. Federal authorities should more closely monitor the effects of off-label prescribing and adopt other measures to reduce harm and enhance benefits produced by off-label prescribing.