A general view of the origin and nature of the Constitution and government of the United States : deduced from the political history and condition of the colonies and states from 1774 until 1788, and the decisions of the Supreme Court of the United States, together with opinions in the cases decided at January term, 1837, arising on the restraints on the powers of the states /

Includes index.

Octavii Simoncelli calliensis, De decretis, caeterisque solennitatibus in contractibus minorum, aliorumve(!) his similium adhibendis.

Mode of access: Internet.

Alienation and Digital Labour – a Depth-Hermeneutic Inquiry into Online Commodification and the Unconscious

At the core of this paper is a psychosocial inquiry into the Marxist concept of alienation and its applications to the field of digital labour. Following a brief review of different theoretical works on alienation, it looks into its recent conceptualisations and applications to the study of online social networking sites. Finally, the authors offer suggestions on how to extend and render more complex these recent approaches through in-depth analyses of Facebook posts that exemplify how alienation is experienced, articulated, and expressed online. For this perspective, the article draws on Rahel Jaeggi’s (2005) reassessment of alienation, as well as the depth-hermeneutic method of “scenic understanding” developed by Alfred Lorenzer (e.g. 1970; 1986).

Deconstructing Child Youth Care: an autoethnographic exploration of physical restraints in children’s residential settings

This thesis is written through the front-line perspective of a child/youth worker who has experienced ‘rupture’ in her personal understanding of the Child Youth Care (CYC) practice. Using a collection of personal journal entries written about her individual experiences of CYC education, mentorship/training, front-line residential practice and frequently used interventions, this thesis takes the reader (and the writer) on a discovery of prominent discourses that exist within the residential CYC profession. Focusing on the use of physical restraints on children by residential Child/Youth Workers, this research project utilizes Deconstructive Discourse Analysis and Liberation Psychologies to illustrate a critical examination of power-knowledge and scientific/medical discourses in CYC practice. By focusing on Foucault’s concepts of disciplinary power, binary division and theory of panopticism, the writer seeks to explore a personal reflection and comprehension of how power is used to assert control over children/youth through mental health treatment and physical interventions.

The Future Direction of Delaware Law (Including a Brief Exegesis on Fee Shifting Bylaws)

Delaware sets the governance standards for most public companies. The ability to attract corporations could not be explained solely by the existence of a favorable statutory regime. Delaware was not invariably the first or the only state to implement management friendly provisions. Given the interpretive gaps in the statute and the critical importance of the common law in the governance process, courts played an outsized role in setting legal standards. The management friendly nature of the Delaware courts contributed significantly to the state’s attraction to public corporations. A current example of a management friendly trend in the case law had seen the recent decisions setting out the board’s authority to adopt bylaws under Section 109 of the Delaware General Corporation Law (DGCL), particularly those involving the shifting of fees in litigation against the corporation or its directors. The DGCL allows bylaws that address “the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its stockholders, directors, officers or employees.” The broad parameters are, however, subject to limits. Bylaws cannot be inconsistent with the certificate of incorporation or “the law.” Law includes the common law. The Delaware courts have used the limitations imposed by “the law” to severely restrict the reach of shareholder inspired bylaws. The courts have not used the same principles to impose similar restraints on bylaws adopted by the board of directors. This can be seen with respect to bylaws that restrict or even eliminate the right of shareholders to bring actions against management and the corporation. In ATP Tour, Inc. v. Deutscher Tennis Bund the court approved a fee shifting bylaw that had littl relationship to the internal affairs of the corporation. The decision upheld the bylaw as facially valid.The decision ignored a number of obvious legal infirmities. Among other things, the decision did not adequately address the requirement in Section 109(b) that bylaws be consistent with “the law.” The decision obliquely acknowledged that the provisions would “by their nature, deter litigation” but otherwise made no effort to assess the impact of this deterrence on shareholders causes of action. The provision in fact had the practical effect of restricting, if not eliminating, litigation rights granted by the DGCL and the common law. Perhaps most significantly, however, the bylaws significantly limited common law rights of shareholders to bring actions against the corporation and the board. Given the high dismissal rates for these actions, fee shifting bylaws imposed a meaningful risk of liability on plaintiffs. Moreover, because judgments in derivative suits were paid to the corporation, shareholders serving as plaintiffs confronted the risk of liability without any offsetting direct benefit. By preventing suits in this area, the bylaw effectively insulated the behavior of boards from legal challenge. The ATP decision was poorly reasoned and overstepped acceptable boundaries. The management friendly decision threatened the preeminent role of Delaware in the development of corporate law. The decision raised the specter of federal intervention and the potential for meaningful competition from the states. Because the opinion examined the bylaw in the context of non-stock companies, the reasoning may remain applicable only to those entities and never make the leap to for-profit stock corporations. Nonetheless, the analysis reflects a management friendly approach that does not adequately take into account the impact of the provision on the rights of shareholders.

Cultural-Evolution of Ecological Prudence

Animals often behave in a profligate fashion and decimate the populations of plants and animals they depend upon. They may, however, evolve prudent behaviour under special conditions, namely when such prudence greatly enhances the success of populations that are not too prone to invasions by profligate individuals. Cultural evolution in human societies can also lead to the adoption of prudent practices under similar conditions. These are more likely to be realized in stable environments in which the human populations tend to grow close to the carrying capacity, when the human groups are closed, and when the technology is stagnant. These conditions probably prevailed in the hunter—gatherer societies of the tropics and subtropics, and led to the adoption of a number of socially imposed restraints on the use of plant and animal resources. Such practices were rationalized in the form of Nature-worship. The Indian caste society became so organized as to fulfill these conditions, and gave rise to two religions, Buddhism and Jainism, which emphasize compassion towards all forms of life. The pastoral nomads of the middle east, on the other hand, lived in an environment which militated against prudence, and these societies gave rise to religions like Christianity, which declared war on nature. As the ruling elite and state have grown in power, they have tried to wrest control of natural resources from the local communities. This has sometimes resulted in conservation and prudent use under guidance from the state, but has often led to conflicts with local populations to the detriment of prudent behaviour. Modern technological progress has also often removed the need for conservation, as when availability of coal permitted the deforestation of England. While modern scientific understanding has led to a better appreciation of the need for prudence, the prevailing social and economic conditions often militate against any implementation of the understanding, as is seen from the history of whaling. However, the imperative for survival of the poor from the Third-World countries may finally bring about conditions in which ecological prudence may once again come to dominate human cultures as it might once have done with stable societies of hunter—gatherers.

The relationships between work stressors and organizational performance in long-term care for elderly residents

This study investigates the relationships between work stressors and organizational performance in terms of the quality of care provided by the long-term care facilities. Work stressors are first examined in relation to the unit's structural factors, resident characteristics, and to the unit specialization. The study is completed by an investigation into the associations of work stressors such as job demands or time pressure, role ambiguity, resident-related stress, and procedural injustice to organizational performance. Also the moderating effect of job control in the job demands organizational performance relationship is examined. The study was carried out in the National Research and Development Centre for Welfare and Health (STAKES). Survey data were drawn from 1194 nursing employees in 107 residential-home and health-center inpatient units in 1999 and from 977 employees in 91 units in 2002. Information on the unit resident characteristics and the quality of care was provided by the Resident Assessment Instrument (RAI). The results showed that large unit size or lower staffing levels were not consistently related to work stressors, whereas the impairments in residents' physical functioning in particular initiated stressful working conditions for employees. However, unit specialization into dementia and psychiatric residents was found to buffer the effects that the resident characteristics had on employee appraisals of work stressors, in that a high proportion of behavioral problems was related to less time pressure and role conflicts for employees in specialized units. Unit specialization was also related to improved team climates and the organizational commitment of employees. Work stressors associated with problems in care quality. Time pressure explained most of the differences between units in how the employees perceived the quality of physical and psychosocial care they provide for the residents. A high level of job demands in the unit was also found to be related to some increases in all clinical quality problems. High job control buffered the effects of job demands on the quality of care in terms of the use of restraints on elderly residents. Physical restraint and especially antipsychotic drug use were less prevalent in units that combined both high job demands and high control for employees. In contrast, in high strain units where heavy job demands coincided with a lack of control for employees, quality was poor in terms of the frequent use of physical restraints. In addition, procedural injustice was related to the frequent use of antianxiety of hypnotic drugs for elderly residents. The results suggest that both job control and procedural justice may have improved employees' abilities to cope when caring for the elderly residents, resulting in better organizational performance.

Descentralização e financiamento dos serviços de saude no Brasil

A eficácia dos processos de descentralização sanitária está fortemente condicionada por fatores econômico-financeiros. Na primeira parte deste trabalho se analisa uma classificação dos processos de descentralização de serviços de saúde que distingue 4 tipos ideais. Para cada um deles são identificados os intrumentos de repasse de recursos mais adequados, assím como os condicionantes financeiros da sua eficácia. Na segunda parte o estudo é focalizado na experiência brasileira da década de 80. São analisadas as políticas de descentralização sanitária identificándo-se o tipo ideal ao que se aproximam os instrumentos financeiros que foram adotados na sua formulação. Posteriormente, é examinada a implementação das políticas desentralizadoras avaliándo-se a medida em que cada uma cumpríu com os condicionantes correspondentes.

Mechanism of surgical stress impairment of murine natural killer cell cytotoxicity

Natural killer cells may provide an important first line of defense against metastatic implantation of solid tumors. This antitumor function occurs during the intravascular and visceral lodgment phase of cancer dissemination, as demonstrated in small animal metastasis models. The role of the NK cell in controlling human tumor dissemination is more difficult to confirm, at least partially because of ethical restraints on experimental design. Nonetheless, a large number of solid tumor patient studies have demonstrated NK cell cytolysis of both autologous and allogeneic tumors.^ Of the major cancer therapeutic modalities, successful surgery in conjunction with other treatments offers the best possibility of cure. However, small animal experiments have demonstrated that surgical stress can lead to increased rates of primary tumor take, and increased incidence, size, and rapidity of metastasis development. Because the physiologic impact of surgical stress can also markedly impair perioperative antitumor immune function in humans, we examined the effect of surgical stress on perioperative NK cell cytolytic function in a murine preclinical model. Our studies demonstrated that hindlimb amputation led to a marked impairment of postoperative NK cell cytotoxicity. The mechanism underlying this process is complex and involves the postsurgical generation of splenic erythroblasts that successfully compete with NK cells for tumor target binding sites; NK cell-directed suppressor cell populations; and a direct impairment of NK cell recycling capacity. The observed postoperative NK cell suppression could be prevented by in vivo administration of pyrimidinone biologic response modifiers or by short term in vitro exposure of effector cells to recombinant Interleukin-2. It is hoped that insights gained from this research may help in the future development of NK cell specific perioperative immunotherapy relevant to the solid tumor patients undergoing cancer resection. ^

Divided Conquerors: the Rump Parliament, Cromwell's Army and Ireland

This article reassesses the relationship that existed in the period 1649–53 between war in Ireland and politics in England. Drawing upon a largely overlooked Irish army petition, it seeks to remedy an evident disconnect between the respective historiographies of the Cromwellian conquest of Ireland on the one hand and the Rump Parliament on the other. The article reconstructs some of the various disputes over religion, authority and violence that undermined the unity of the English wartime regime in Ireland. It then charts the eventual spilling over of these disputes into Westminster politics, arguing that their impact on deteriorating army-parliament relations in the year prior to Oliver Cromwell’s expulsion of the Rump in April 1653 has not been fully appreciated. The key driver of these developments was John Weaver, a republican MP and commissioner for the civil government of Ireland. The article explains how his efforts both to place restraints on the excessive violence of the conquest and to exert civilian control over the military evolved, by 1652, into a determined campaign at Westminster to strengthen the powers of Ireland’s civil government and to limit the army’s share in the prospective Irish land settlement. Weaver’s campaign forced the army officers in Ireland to intervene at Westminster, thus placing increased pressure on the Rump Parliament. This reassessment also enables the early 1650s to be viewed more clearly as a key phase in the operation of the longer-term relationships of mutual influence that existed between Dublin and London in the seventeenth century.

Productivity factors and fish production and their fisheries management concerns

The fundamental purpose of fisheries management is to ensure sustainable production over time from fish stocks, preferably through regulatory and enhancement actions that promote economic and social well being of the fishers and industries that depend on the resource. To achieve this purpose, management authorities must design, justify and administer (enforce) a collection of restraints on fishing and fishery-related activities. Productivity and management of the fisheries should be based on the understanding that they are complex and dynamic systems. Physical, chemical and biological components support a community of organisms that is unique to the these systems. All these components are in constant change but mainly dictated by human interference in the water body ecosystem.

The National Highway Traffic Safety Administration 1980-1981 workshops on alcohol and occupant restraints - eastern series. Final report.

National Highway Traffic Safety Administration, Washington, D.C.

National Highway Traffic Safety Administration's 1980-81 workshop series on alcohol and occupant restraints - central states. Final report.

National Highway Traffic Safety Administration, Office of Driver and Pedestrian Programs, Washington, D.C.