...PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-4465 JUSTIN LAYSHOCK, a minor, by and through his parents; DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf of their son v. HERMITAGE SCHOOL DISTRICT KAREN IONTA, District Superintendent; ERIC W. TROSCH, Principal Hickory High School, CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity Hermitage School District, Appellant Appeal from the United States District Court for the Western District of Pennsylvania (Civ. No. 06-cv-00116) District Judge: Hon. Terrence F. McVerry Argued on December 10, 2008 Opinion Filed on February 4, 2010 1 Opinion Vacated and Petition for Rehearing En Banc Granted on April 9, 2010 Rehearing En Banc Ordered for June 3, 2010 Argued En Banc on June 3, 2010 Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, VANASKIE and ROTH, Circuit Judges. (Opinion filed: June 13, 2011) ANTHONY G. SANCHEZ, ESQ. (Argued) CHRISTINA LANE, ESQ. Andrews & Price 1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221 Attorneys for Appellant, Hermitage School District SEAN A. FIELDS, ESQ. Associate Counsel Pennsylvania School Boards Association 400 Bent Creek Boulevard P.O. Box 2042 Mechanicsburg, PA 17055 Attorney for Amicus Curiae, Pennsylvania School Board Association, filed in support of Appellant, Hermitage School District KIM M...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...2012-2013 PAWNSHOPS AND BEHAVIORAL ECONOMICS 193 PAWNSHOPS, BEHAVIORAL ECONOMICS, AND SELF-REGULATION SUSAN PAYNE CARTER* AND PAIGE MARTA SKIBA** I. Introduction Pawnbroking is the oldest source of credit.1 There is growing public interest in day-to-day pawnbroking operations, as evidenced by the popularity of reality shows such as “Pawn Stars” and “Hardcore Pawn.”2 Television viewers’ curiosity about an old credit institution may be due to the fact that 7% of all U.S. households have used pawn credit.3 Although pawnshops predate biblical times, researchers know surprisingly little about this ancient form of banking and its customers.4 We fill this gap by documenting detailed information on pawnshop loan repayment and default, and by discussing how pawnshop borrowers’ behavior is consistent with various behavioral economics phenomena. Pawnshop loans are small, short-term, collateralized loans typically used by low-income consumers. The borrower leaves a possession, or “pledge,” as collateral in exchange for a loan, typically of $75–$100.5 Interest rates vary by state and range from 2 Assistant Professor, Office of Economic and Manpower Analysis, United States Military Academy. susan.carter@usma.edu. The views expressed in this paper do not necessarily represent those of the United States Military Academy, the United States Army, or the Department of Defense. ** Associate Professor of Law, Vanderbilt University...
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...2012-2013 PAWNSHOPS AND BEHAVIORAL ECONOMICS 193 PAWNSHOPS, BEHAVIORAL ECONOMICS, AND SELF-REGULATION SUSAN PAYNE CARTER* AND PAIGE MARTA SKIBA** I. Introduction Pawnbroking is the oldest source of credit.1 There is growing public interest in day-to-day pawnbroking operations, as evidenced by the popularity of reality shows such as “Pawn Stars” and “Hardcore Pawn.”2 Television viewers’ curiosity about an old credit institution may be due to the fact that 7% of all U.S. households have used pawn credit.3 Although pawnshops predate biblical times, researchers know surprisingly little about this ancient form of banking and its customers.4 We fill this gap by documenting detailed information on pawnshop loan repayment and default, and by discussing how pawnshop borrowers’ behavior is consistent with various behavioral economics phenomena. Pawnshop loans are small, short-term, collateralized loans typically used by low-income consumers. The borrower leaves a possession, or “pledge,” as collateral in exchange for a loan, typically of $75–$100.5 Interest rates vary by state and range from 2 Assistant Professor, Office of Economic and Manpower Analysis, United States Military Academy. susan.carter@usma.edu. The views expressed in this paper do not necessarily represent those of the United States Military Academy, the United States Army, or the Department of Defense. ** Associate Professor of Law, Vanderbilt University...
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...BiBLiOTHECA SACRA 157 (January-March 2000) 68-87 THE FILLING OF THE HOLY SPIRIT Eldon Woodcock O N SEVERAL OCCASIONS the New Testament refers to people being filled with the Holy Spirit. What does this involve? What did people do when they were filled with the Holy Spirit? How did t h a t filling come about? How can Christians today experience the filling of the Holy Spirit? W H A T I T M E A N S TO B E " F I L L E D " In New Testament Greek two words with their cognates meaning "to fill, to fulfill, to complete" are used in association with the Holy Spirit. They are πληρόω and πίμπλημι} Both words are flexible enough to designate several kinds of filling. These words are strikingly similar in their meanings. One area of shared meaning is "to finish, complete, fulfill." Both πληρόω and πίμπλημι are used to indicate a time at which something was to begin and the comple tion of a period of time at which something was to end. 2 The verb πληρόω is used of Jesus' finishing a presentation of His message (Luke 7:1) and of the apostles as having completed a Eldon Woodcock is Professor of Bible, Nyack College, Nyack, New York 1 R Schippers, "Fullness πληρόω'' in New International Dictionary of New Tes tament Theology, ed Colin Brown (Grand Rapids Zondervan, 1975), 1 733-41, Ger hard Delling, "πίμπλημι, έμπίμπλημι," in Theological Dictionary of the New Testa ment, ed Gerhard Kittel, t r a n s Geoffrey W Bromiley (Grand Rapids Eerdmans, 1968), 6 128-31...
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...CHAPTER I THE PROBLEM AND ITS BACKGROUND I. INTRODUCTION Phenomenology is a qualitative research method originally developed by the philosopher Edmund Husserl.[1] The termed phenomenology is both a philosophy and a research method. As a philosophy, phenomenology is a particular way of approaching the world and apprehending lived experience[2]. As a research method, phenomenology is a rigorous process of reexamining what Husserl termed “the things themselves.”[3] The question of phenomenological inquiry is about the meaning of human experience and asks, “What is it like?” Phenomenology is a way of thinking about what life experiences are like for people[4] and is primarily concerned with interpreting the meaning of these experiences. Phenomenological research “explores the humanness of a being in the world”[5]. Bergum refers to the phenomenological research method as an “action-sensitive-understanding” that begins and ends in the practical acting of everyday life and leads to a practical knowledge of thoughtful action. Phenomenological research is an introspective human science, the intent of which is to interpret and to understand as opposed to observing, measuring, explaining, and predicting)[6]. The intention is to go beyond the aspects of life taken for granted and “to uncover the meanings in everyday practice in such a way that they are not destroyed, distorted, decontextualized, trivialized or sentimentalized”.[7] To answer the question, “What is it...
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...Universidade Nova de Lisboa, Portugal OLIVEIRA, NUNO GASPAR DE CIGEST, Assistente Instituto Superior de Gestão, Portugal 1. INTRODUCTION “(R)Evolution or Death”, adapted from the revolutionary slogan used and popularized by the Cuban regime, serves as motto for the urgent need to transform our production and consumption systems and our standing towards the environment around us. In essence, Sustainable Development (SD) is a concern for creating opportunity and welfare conditions, today and tomorrow, equally in the aspirations of man and his basic needs, as well as respect for the environment in which he interacts. SD is also a stated aspiration of governments, organizations and society in general, in regard for a better future (e.g., Bell& Morse, 2003; Hak et al., 2007;...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...Organization Development: An Instructor’s Guide for Effective Teaching by Joan V. Gallos Purpose of this Instructor’s Guide The purpose of this instructor’s guide is to support and energize individuals who use Organization Development: A Reader in their teaching – instructors who teach courses on organizational change, OD, the history of the field, leading change, consulting skills, and organizational effectiveness and health in undergraduate and graduate programs in management, the professions, and the administrative sciences, as well as those involved in professional development and corporate education activities. More specifically, this guide provides opportunities for both new and seasoned educators to learn more about (1) the possibilities in teaching about organizational change and development; (2) ways to design courses or successful learning modules for diverse student audiences using Organization Development; and (3) suggested cases, activities, and other support materials that complement use of Organization Development. Overview of the Instructor’s Guide This instructor’s guide is divided into four parts. PART 1 provides an introduction to Organization Development: A Reader. It discusses the overall purpose and content of the book, the philosophy and central tenets that underpin it. PART 2 explores teaching with Organization Development. It contains chapter-by-chapter summaries and suggested ways to think about teaching various kinds and levels of OD and...
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...Licensed to: iChapters User Licensed to: iChapters User Organizational Behavior: Managing People and Organizations, Tenth Edition Ricky W. Griffin and Gregory Moorhead Vice President of Editorial, Business: Jack W. Calhoun Executive Editor: Scott Person Senior Developmental Editor: Julia Chase Editorial Assistant: Ruth Belanger Marketing Manager: Jonathan Monahan Senior Content Project Manager: Holly Henjum Media Editor: Rob Ellington Buyer: Arethea L. Thomas Marketing Communications Manager: Jim Overly Production Service: S4Carlisle Publishing Services Sr. Art Director: Tippy McIntosh Cover and Internal Design: Joe Devine, Red Hanger Design LLC Cover Image: © Eric Isselée, Shutterstock Rights Acquisitions Specialist/Images: John Hill © 2012, 2010 South-Western, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher. For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support, 1-800-354-9706 For permission to use material from this text or product, submit all requests online...
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...How do new technologies impact on workforce organisation? Rapid review of international evidence Report developed by The Evidence Centre for Skills for Health Contents Key Themes ............................................................................................................................................ 3 Scope .................................................................................................................................................................... 3 How are teams being organised?.......................................................................................................... 7 Substituting grades and roles ............................................................................................................................... 7 Reducing staff or team size .................................................................................................................................. 8 Empowering patients............................................................................................................................................. 9 Changing the place of care ................................................................................................................................. 10 Working across organisations ............................................................................................................................. 10 Working across regional areas .........................
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...CHAPTER ONE INTRODUCTION 1.1 Background to the study Structured election process is one of the indicators of stability in Nigeria’s democracy. Elections in Nigeria continue to elicit more than casual interest by Nigerian scholars due to the fact that despite the appreciation that only credible election can consolidate and sustain the country’s nascent democracy, over the years, Nigeria continues to witness with growing disappointments and apprehension inability to conduct peaceful, free and fair, open elections whose results are widely accepted and respected across the country (Ekweremadu, 2011). All the elections that have ever been conducted in Nigeria since independence have generated increasingly bitter controversies and grievances on a national scale because of the twin problems of mass violence and fraud that have become central elements of the history of elections and of the electoral process in the country (Gberie, 2011). Despite the marked improvement in the conduct of the 2011 elections, the process was not free from malpractices and violence (National Democratic Institute, 2012). Thus over the years, electoral processes in the history of Nigeria’s democratic governance have continued to be marred by extraordinary display of rigging, dodgy, “do or die” affair, ballot snatching at gun points, violence and acrimony, thuggery, boycotts, threats and criminal manipulations of voters' list, brazen falsification of election results, the use of security agencies against...
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...OPERATION RESEARCH Credits: 4 SYLLABUS Development Definition, Characteristics and phase of Scientific Method, Types of models. General methods for solving operations research models. Allocation: Introduction to linear programming formulation, graphical solution, Simplex ethod, artificial variable technique, Duality principle. Sensitivity analysis. Transportation Problem Formulation optimal solution. Unbalanced transportation problems, Degeneracy. Assignment problem, Formulation optimal solution, Variation i.e., Non-square (m x n) matrix restrictions. Sequencing Introduction, Terminology, notations and assumptions, problems with n-jobs and two machines, optimal sequence algorithm, problems with n-jobs and three machines, problems with n-jobs and m-machines, graphic solutions. Travelling salesman problem. Replacement Introduction, Replacement of items that deteriorate with time – value of money unchanging and changing, Replacement of items that fail completely. Queuing Models M.M.1 & M.M.S. system cost considerations. Theory of games introduction, Two-person zero-sum games, The Maximum –Minimax principle, Games without saddle points – Mixed Strategies, 2 x n and m x 2 Games – Graphical solutions, Dominance property, Use of L.P. to games, Algebraic solutions to rectangular games. Inventory Introduction, inventory costs, Independent demand systems: Deterministic models – Fixed order size systems – Economic order quantity (EOQ) – Single items, back ordering...
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