Federal Arbitration Act and Application of the “Separability Doctrine” in Federal Courts

The classification of arbitration as substantive in Bernhardt v. Polygraphic Company jeopardized application of the federal Arbitration Act in diversity cases. However, in the recent case of Prima Paint Corporation v. Flood & Conklin Manufacturing Company, the Supreme Court found the Act to be a legitimate exercise of the federal commerce power and, hence, applicable in diversity cases involving arbitration agreements contained in interstate contracts. Furthermore, in interpreting the Act, the Court ruled that an arbitration provision is severable from other portions of an agreement for purposes of adjudicating contractual validity. However, by speaking only of federal court enforcement of the Act, the Court may have created severe forum-shopping problems. In order to avoid these problems, and vindicate the policy behind the Act, the coverage of the Act may subsequently be extended to the states

The practice of web conferencing: where are we now?

The use of web conferencing tools to support learning and teaching and facilitate interaction and collaboration is common in many higher education environments as is the replacement of face-to-face meetings with virtual collaboration tools. This paper reports on Phase 3 of a trial of web conferencing conducted at a regional Australian university and further explores the use of web conferencing to support and enhance learning and teaching. Preliminary findings from Phases 1 and 2 of the trial have been reported on in a previous paper. The action research method which framed the initial trial has again been applied to Phase 3. In Phase 1, collaborative mathematical problem-solving in an undergraduate course was carried out using web conferencing and tablet PCs. In addition, students in postgraduate Education courses were linked across the globe to participate in interactive and collaborative web conference activity. In Phase 2, a university-wide trial across disciplines was conducted. Phase 3 represents an analysis of feedback received from teachers who were involved in Phases 1 and 2 and who have had some time to reflect on the impact web conferencing has had on their teaching practice. From this, and their own experience, the authors make further observations regarding the use of web conferencing to support learning and teaching and raise a number of questions and issues to guide future research

Facilitating change: tablet PC trials across two distance education focused universities

This paper reports on initial findings in comparing two distance universities’ approaches to trialling tablet technology to enhance communication between instructors and students. There were different reasons for initiating the trials and different approaches to each of the trials, but there were also some striking similarities. For instance both trials were led from the bottom up, however they were each conducted with no knowledge of the other. Funding for each of these trials was resourced from a university learning and teaching grant/fellowship and both projects used an action research approach. The emphasis for both trials was on pedagogical and technological staff development facilitated and administered through each project leader. The paper gives an overview of how the trials were conducted, what did and did not succeed and what could be improved. Longer lasting outcomes that have been achieved through these projects are described. This comparison is meant to guide and inform change agents and identify good practice in the management of technology trials

Comparison of LPS-stimulated release of cytokines in punch versus transwell tissue culture systems of human gestational membranes

Abstract Background Cytokine signaling within the amnionic, chorionic and decidual extraplacental gestational membranes plays an important role in membrane rupture and the timing of birth. The predominant in vitro explant culture system for evaluating cytokine induction in human gestational membranes has been the free-floating biopsy punch culture. Punch systems have been used to investigate the impact of various toxicants, pharmaceuticals and genetic variation on expression of pro-inflammatory cytokines. More recently, a dual compartment transwell culture system has been developed that more closely mimics the intrauterine compartment. The current study compares these two systems with respect to release of pro- and anti-inflammatory cytokines in response to lipopolysaccharide (LPS), a model stimulant. Methods Tissue samples were exposed to 100 ng/ml LPS for 12 h and cytokines were measured by ELISA. Data are expressed as increase relative to non-treated controls. Results Levels of interleukin-6 increased in punch culture medium samples to a significantly greater extent (34.2 fold) compared with medium from transwell cultures in the amnion (6.6 fold) or choriodecidual (7.1 fold) compartments. Interleukin-8 also showed a significantly greater induction in punch (4.8 fold) than transwell amnion (1.6 fold) or choriodecidual (1.7 fold) samples. The anti-inflammatory interleukin-10 showed a significant difference between punch (36.5 fold) and transwell amnion (15.4 fold) samples, but no difference was observed between punch and transwell choriodecidual (28.5 fold) samples. Neither interleukin-1beta nor tumor necrosis factor-alpha (TNF-alpha) showed a significant difference between the punch and transwell samples. Conclusions These results indicate that the pattern of LPS-stimulated cytokine release from gestational membranes in vitro depends on the culture system used, confounding comparisons of studies that use different gestational membrane culture systems to study inflammatory responses.http://deepblue.lib.umich.edu/bitstream/2027.42/78253/1/1477-7827-8-121.xmlhttp://deepblue.lib.umich.edu/bitstream/2027.42/78253/2/1477-7827-8-121.pdfPeer Reviewe

Druzina kot mesto edukacije. Med izobrazevanjem osredinjenim na solo ter druzinskimi potrebami

The results of PISA studies over recent years have revealed the social selectivity of the scholastic education system. Based on my empirical research on families with mentally ill parents, I show how, for the children involved, social exclusion begins before they even start school. I also show how parents’ mental illness is seen to affect children, and what support such families require. The findings demonstrate how important it is to take family coping situations into account in education discourse concerning child and youth welfare services and formal education systems. (DIPF/Orig.

Frequency modulation demodulator threshold extension device

Threshold extension device for improving operating performance of frequency modulatioin demodulators by eliminating click-type noise impulse

The role of water markets in climate change adaptation

Abstract Water markets were first introduced in Australia in the 1980s, and water entitlement and allocation trade have been increasingly adopted by both private individuals and government.Irrigators turned to water markets (particularly for allocation water) to manage water scarcity and Governments to acquire water for the environment (particularly water entitlements. It is expected that further adoption of water markets will be essential for coping with future climate change impacts. This report reviews the available literature related to the relationship between southern Murray-Darling Basin (sMDB) water markets and anticipated climate change effects; the economic, social and environmental impacts of water reallocation through markets; and future development requirements to enhance positive outcomes in these areas. The use of water markets by irrigators can involve both transformational (selling all water entitlements and relocating or switching to dryland) and incremental (e.g. buying water allocations/entitlements, using carry-over, changing water management techniques) adaptation to climate change. Barriers to both adaptations include: current and future climate uncertainty; poor (or non-existent) market signals; financial constraints; information barriers; mental processing limits; inherent attitudes toward or beliefs about climate change; institutional barriers and disincentives to adapt. A better understanding of trade behaviour, especially strategic trade issues that can lead to market failures, will improve the economic advantages of water trade. There remains community concerns about the impacts of transfers away from regional areas such as reduced community spending and reinvestment; population losses; loss of jobs; declining taxation base, loss of local services and businesses, regional production changes; and legacy issues for remaining farmers. However, it is hard to disentangle these impacts from those caused by ongoing structural change in agriculture. Rural communities that are most vulnerable to water scarcity under climate change and water trade adjustment include smaller irrigation-dependent towns. Communities less dependent on irrigation are better able to adapt. Further, where environmental managers use water markets to deal with water variability and to ensure ecological benefits, irrigators are concerned about its impact on their traditional use of markets to manage scarcity. Climate change and water scarcity management are intertwined, suggesting that policy, institutional and governance arrangements to deal with such issues should be similarly structured. Water users will adapt, either out of necessity or opportunity. The cost of that adaptation at individual, regional and national levels—particularly to future water supply variability—can be mitigated by the consideration of the existing advantages from future opportunities for water marketing in Australia