364 results on '"Title III"'
Search Results
2. Application of unilateral coercive measures in exceptional contexts
- Author
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Jorge Luis Silva González and Lisett Daymaris Páez Cuba
- Subjects
blockade ,helms-burton act ,Title III ,unilateral coercive measure ,international law ,Social legislation ,K7585-7595 - Abstract
The economic siege imposed by the U.S. government on the Cuban State has placed circumstances of permanent exceptionality in front of the international community. The cold war policy supported by the Helms-Burton Act of 1996, estarted in 2019 a new stage of actions began with the activation of Title III of that law, to prevent foreign investment in Cuba and to favor a regime change. This article aims to argue the impact of the blockade as a unilateral coercive measure in an irregular socio-political context that has extended for more than six decades in the Cuban case. It analyzes the nationalization of 1959 as an act of state sovereignty, the illegitimate and extraterritorial nature of the blockade insofar as it violates International Public Law and constitutes an irrational act of economic war, as well as an arbitrary political sanction that harms the most elementary human rights. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1341
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- 2023
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3. Entre La Espada y La Pared: Obstacles to U.S. Investment in Cuba
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Lopez, Thais and Lopez, Thais
- Abstract
Investing in Cuba poses several obstacles to U.S. investors. Cuba’s new Law of Foreign Investment and new Constitution do not provide remedies or protections against the state’s takings of private property or imprisonment without charge. On the U.S. side, Title III of the Helms-Burton Act has made U.S. investors the most vulnerable to claims worth billions in damages under the Act.
- Published
- 2024
4. Tapping of the crowd: The effect of entrepreneur engagement on equity crowdfunding success.
- Author
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Borchers, Sarah and Dunham, Lee M.
- Subjects
EQUITY crowd funding ,CROWD funding ,JOB titles ,ENTREPRENEURSHIP ,CROWDS ,SUCCESS - Abstract
Using a hand collected dataset of equity crowdfunding offerings from after the passage of Title III of the JOBS Act in the United States, we examine how an entrepreneur's engagement with the crowd impacts the overall campaign's success. We document that entrepreneur on-platform engagement with potential investors during a crowdfunding campaign significantly and positively impacts campaign success, after controlling for a host of factors previously documented to explain campaign success. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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5. Charting the Relationship of English Learners and the ESEA: One Step Forward, Two Steps Back
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Patricia Gándara
- Subjects
bilingual education ,Bilingual Education Act ,English (language) learners ,Title VII ,Title III ,Social Sciences - Abstract
The signing of the Bilingual Education Act in 1968 presumed that the federal government had a role to play in the equitable education of immigrant and English learner students, who had been largely invisible to most of the country. Initial language of the Act was intended to build on these students’ assets. Nonetheless, the language that survived in the BEA limited its effectiveness and created ongoing challenges for educators, including an ever-changing definition of the goals and purposes of funding; a deficit rather than an asset-based orientation that cast English learners as “remedial students”; unresolved tensions between the goals of desegregation and bilingual education; and fluctuating and inadequate attention to the capacity development needs of the field. The latest iteration of the ESEA removed the BEA from federal legislation altogether, failed to resolve any of the ongoing issues, and reinforced the remedial framing of ELs, arguably placing them at even greater educational risk.
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- 2015
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6. La constitución del Consejo Cántabro de la Economía Social: una obligación legal y una oportunidad para la promoción del sector
- Author
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Luis Angel Díez Acimas
- Subjects
Government ,Promotion (rank) ,Title III ,media_common.quotation_subject ,Welfare economics ,Political science ,Obligation ,Social economy ,media_common - Abstract
La Ley de Cooperativas de Cantabria dedica el Capítulo III del Título III a regular el Consejo Cántabro de la Economía Social. Este es un órgano de promoción y difusión del cooperativismo y la economía social. Tiene funciones de carácter consultivo y asesor para las actividades relacionadas con este sector. La Ley obliga al Gobierno de Cantabria a dictar la norma de organización y funcionamiento de este Consejo, en el plazo de un año desde su entrada en vigor. Este se cumplió el 18 de enero de 2015. Esta norma no se ha dictado aún. En este estudio, se recuerda esa obligación impuesta al Gobierno de Cantabria; pero, se resalta, al mismo tiempo, el carácter positivo que el funcionamiento del Consejo tendría sobre la política de fomento de la economía social en esta región, contribuyendo decisivamente a su promoción y a conseguir una mayor visibilidad por parte de la sociedad. Recibido: 06 junio 2017Aceptado: 17 julio 2017
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- 2021
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7. La Ley Helms-Burton y la respuesta europea a sus efectos extraterritoriales
- Author
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José Luis Iriarte Ángel, Universidad Pública de Navarra. Departamento de Derecho, and Nafarroako Unibertsitate Publikoa. Zuzenbidea Saila
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Cultural Studies ,History ,Title III ,Protection of EU operators ,Economics, Econometrics and Finance (miscellaneous) ,Protección a los operadores de la UE ,European blocking statute ,Statute ,Political science ,media_common.cataloged_instance ,Sanctions ,aplicación de su Título III ,European union ,Legal instrument ,media_common ,Estatuto de bloqueo europeo ,Jurisdiction ,Application of Title III, Helms-Burton Act ,Law of Europe ,Aplicación del Título III, Ley Helms-Burton ,KJ-KKZ ,JZ2-6530 ,Law ,Political Science and International Relations ,Damages ,Helms-Burton Act ,International relations - Abstract
Recientemente se ha levantado la suspensión de la aplicación del Título III de la Ley Helms-Burton. Este artículo pretende analizar esta Ley deteniéndose especialmente en el citado Título, para posteriormente abordar las primeras resoluciones judiciales que se han dictado en los litigios suscitados a su amparo. Además, en España se ha planteado una demanda respecto de un supuesto paralelo a los que contempla el Título III de la Ley Helms-Burton; a este respecto se estudian críticamente los motivos por los que se ha declarado la falta de competencia judicial internacional de los Tribunales españoles para enjuiciar el litigio. Finalmente se analiza el estatuto de bloqueo de la Unión Europea con el que ésta ha pretendido proteger a los operadores de la UE frente a las Secondary Sanctions de Estados Unidos. Se trata de un instrumento legal de eficacia limitada, que protege a los bienes situados en territorio de la Unión, pero no a los que se encuentran fuera de la misma. Igualmente, el derecho a recibir una compensación por los daños derivados de las sanciones extraterritoriales norteamericanas se va a ver muchas veces restringido en la práctica. The suspension of the application of Title III of the Helms-Burton Act has recently been lifted. This article aims to analyse this Law by referring, in particular, first to the aforementioned Title, and later to the first judgments given in disputes dealing with its application. In addition, in Spain an action has been brought for a parallel case to those covered by Title III of the Helms- Burton Act; in this regard, reasons why the Spanish Courts have declared their lack of international jurisdiction to know about the case are critically examined. Finally, the European Union's blocking statute is analysed, designed to protect EU operators from US Secondary Sanctions. It is a legal instrument of limited effectiveness that protects assets situated on the European Union territory, but not those outside it. Similarly, the right to compensation for damages arising from US extraterritorial sanctions will often be restricted in practice. © 2020 University of Deusto. All rights reserved.
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- 2020
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8. El suavizado exponencial en el pronóstico de series no estacionarias
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Efraín Velasteguí López and Mercedes del Carmen Franco Rodríguez
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Series (mathematics) ,Title III ,Exponential smoothing ,Econometrics ,medicine ,Economics ,Seasonal adjustment ,Helms–Burton Act ,Seasonality ,medicine.disease ,Multiplicative model ,Tourism - Abstract
El turismo es uno de los sectores más dinámicos de la economía cubana y una de sus principales fuentes de ingreso. A partir del mes de mayo del 2019 el arribo de visitantes a Cuba ha comenzado a desacelerarse como resultado del recrudecimiento del bloqueo. Los efectos inmediatos de la puesta en vigor del Título III de la Ley Helms Burton han provocado una desaceleración del crecimiento del número de visitantes y de los ingresos en los últimos meses. En términos estadísticos estos efectos se traducen en un cambio de tendencia en la serie de visitantes que se caracteriza además por su marcada estacionalidad. El estudio aborda técnicas econométricas para la desestacionalización de la serie y la búsqueda de pronósticos en el corto plazo que garanticen el mínimo error. Se utiliza el Suavizado exponencial específicamente el Modelo Multiplicativo Winter para proyectar el comportamiento del arribo de visitantes. Los pronósticos de la serie son una importante herramienta para los decisores del sector que se enfrentan a un entorno dinámico y de gran incertidumbre.
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- 2020
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9. Uma visão global do 'munus docendi' na Igreja
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Rogério Augusto das Neves
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Faith ,Canon law ,Law ,media_common.quotation_subject ,Political science ,Title III ,Gospel ,General Medicine ,Legislator ,Ecclesiology ,Code (semiotics) ,Order (virtue) ,media_common - Abstract
O Código de Direito Canônico de 1983 foi elaborado de modo a seguir um novo esquema de pensamento, qual seja, a eclesiologia própria do Concílio Vaticano II. Essa disposição põe em relevo a realidade do tríplice munus, consagrado nos documentos do Concílio, e oferece à missão de anunciar o Evangelho uma colocação especial ao estabelecer-lhe um livro próprio. A essa novidade urge descobrir as consequências de tal proposta. Desse modo, o legislador apresenta a sua disposição de tornar concreta na vida pastoral da Igreja a eclesiologia que emerge do mesmo Concílio. Tratando-se do Livro III, que trata da missão de ensinar da Igreja, encontramos a determinação ousada de se transformar um simples título do Código antigo em uma verdadeira parte do Código novo. De sua parte, o Livro III se subdivide em cinco títulos: Título I. Do ministério da Palavra de Deus (capítulo I. Da pregação da Palavra de Deus; capítulo II. Da formação catequética); Título II. Da ação missionária da Igreja; Título III. Da educação católica (capítulo I. Das escolas; capítulo II. Das universidades católicas e outros institutos de estudos superiores; capítulo III. Das universidades e faculdades eclesiásticas); Título IV. Dos meios de comunicação social e em especial dos livros e Título V. Da profissão de fé. O presente artigo se propõe discorrer brevemente sobre esses títulos a fim de oferecer uma panorâmica sobre o munus de ensinar da Igreja no Livro III do atual Código de Direito Canônico.
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- 2019
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10. Presentation and Discussion Incidents Regarding the Competence of Fiscal Authorities In Code of Fiscal Procedure in Romanian Law
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Nadia-Cerasela Anitei
- Subjects
Territorial jurisdiction ,Jurisdiction ,Law ,Title III ,Political science ,Common law ,General jurisdiction ,Legislation ,Legislature ,Civil procedure - Abstract
The enactment of the Code of Fiscal Procedure in 2003 represents a major step toward the unification of the Romanian fiscal legislation. Unfortunately, the Romanian Fiscal Law continues to be scattered, by the enactment of a plethora of legislative acts and regulations which intend to complete or modify the Code of Fiscal Procedure. This paper studies chapter I of the Third Title of the Code of Fiscal Procedure entitled “General Procedural Provisions”. This chapter provides for the general jurisdiction of the fiscal bodies. The authors define concepts such as: jurisdiction of the fiscal bodies, general jurisdiction territorial jurisdiction, jurisdiction on the secondary seats, territorial jurisdiction of the fiscal branches of the local public administration (as well as special jurisdiction by inference from the same notions used by the Civil Procedure Law (that is the common law for the interpretation and completion of the Code of Fiscal Procedure). The authors indicate which are the fiscal bodies with jurisdiction on the fiscal claims management as well as the fiscal bodies entitled to regulate the application of the legal fiscal provisions and to exercise the fiscal control. The paper highlights the legal gaps to be found in the provisions of Chapter I, Title III of the Code of Fiscal Procedure and tries to fill these gaps by de lege ferenda proposals.
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- 2019
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11. Is a Website Subject to Title III of the ADA: Why Courts Should Consider Whether a Website is a Service, Not a Place
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Trevor Paul
- Subjects
Service (business) ,Ninth ,History ,Polymers and Plastics ,Title III ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Subject (documents) ,Privilege (computing) ,Eleventh ,Industrial and Manufacturing Engineering ,Supreme court ,Public accommodations ,Political science ,Law ,Business and International Management - Abstract
Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination involving the “goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The ADA lists examples that qualify as “public accommodations,” but it does not define the word “place.” As a result, the circuit courts since 1995 have been split over whether a “place of public accommodation” is limited to a physical place. Courts have recently addressed whether websites are subject to Title III and have relied primarily on precedent over a “place of public accommodation.” District courts within the Minority Approach have consistently held that a website is a “place of public accommodation.” In contrast, the Ninth and Eleventh Circuits have held that a website is not a “place of public accommodation” and thus not subject to Title III. Oddly enough, no court has held that a website is a “service,” “privilege,” or “advantage” of a “place of public accommodation.” This Comment urges courts to subject Title III to only websites that are a “service,” “privilege” or “advantage” of a “place of public accommodation.”
- Published
- 2021
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12. State versus federal wiretap orders: A look at the data
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Jason Chan, Liad Wagman, and Jin-Hyuk Kim
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Economics and Econometrics ,media_common.quotation_subject ,Title III ,Law enforcement ,Discount points ,State (polity) ,Court order ,Economic model ,Federalism ,Business ,Enforcement ,Law ,Finance ,Law and economics ,media_common - Abstract
Title III, codified at Title 18 USC \S\S 2510-2521, allows for federal and state law enforcement interceptions of wire, oral, or electronic communications, which requires obtaining a court order. For the two parallel court systems in the United States, however, the operational standard being followed by law enforcement agencies may differ. This paper compares the outcomes from wiretap orders authorized by the federal and the state courts. Guided by an economic model of criminal behavior, we show that arrests and convictions increase in wiretap intensity (at a diminishing rate), but federal orders reach the peak point faster than state orders so. We do not find cross effects between the two layers of wiretap orders.
- Published
- 2022
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13. The Wavering 'Wall' Between Intelligence and Law Enforcement: A Longer View
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Jeffrey S. Parker
- Subjects
National security ,business.industry ,Political science ,Law ,Title III ,Accountability ,Law enforcement ,Context (language use) ,Legislature ,business ,Economic Justice ,Classified information - Abstract
This article is a commentary on Bernard Horowitz’ paper entitled FISA and the “Wall” (to be published contemporaneously), which focuses on the revelations of irregularities in the FISA surveillance process targeted on Carter Page. This commentary pulls back from that narrow topic, to place these particular problems in a longer and broader context of larger forces at work that may make addressing the current problems more problematical. The commentary identifies four larger forces at work that played at role at producing these current abuses. First, Americans have long suffered from a mistaken self-perception of discomfort or ineptitude with their own security arrangements, particularly with respect to intelligence and counter-intelligence. Using the example of the Pearl Harbor attack in 1941, the commentary shows that, in fact, America was well-served by its pre-war preparations and the performance of its intelligence services. Nevertheless, a mythology arose that Pearl Harbor was an “intelligence failure,” and that mythology has affected America’s security and intelligence arrangements ever since, influencing the provisions of the National Security Act of 1947, which still today serves as the foundation on which our current national security institutions are built. This same pattern of perception of an “intelligence failure” and a legislative response to re-structure intelligence arrangements was echoed in the national response to the attacks of September 11, 2001. But these are not isolated events. In between Pearl Harbor and 9/11, Americans continued to wring their hands about America’s “intelligence failures” in a wide variety of otherwise dissimilar historical events, through which walked the specter of Pearl Harbor mythology, which evokes Americans’ self-doubts about intelligence capabilities. Second, the development of intelligence and surveillance methods has led to their improper use against American citizens, as was revealed during the Church Committee hearings in the 1970's. Part of the aftermath of those hearings was the creation of FISA, which seeks to distinguish between “domestic” intelligence surveillance, which is a crime without an order under Title III, and “foreign” intelligence surveillance, which can be authorized under the more permissive standards of FISA. Because both types are conducted by the same Bureau of the same Department, this arrangement introduces a duality and moral relativism into both agents and prosecutors of the Department of Justice, leading to a temptations to shift law enforcement efforts into the inherently criminal nature of intelligence and counter-intelligence activities. Third, there has been an increasing use of secretive and deceptive methods in all forms of law enforcement, which has been accompanied over the last 30 years with a decline in the state of prosecutorial ethics. These factors have exacerbated the problems introduced both by FISA and by the Classified Information Procedures Act of 1980. A classified information bureaucracy has arisen largely without accountability or legal control, which in turn has produced the misuse of the classification system to further attenuate the accountability of prosecutors. During this same period, the judiciary’s willingness to police the prosecutors has become more lax, and the Justice Department itself has developed a clubbish atmosphere that fails to police itself, and to some extent even rewards prosecutorial overreaching. Fourth, given the protracted nature of the decline in prosecutorial ethics, effective internal reform seems less likely than ever, and the problem is further exacerbated by the rise of careerism within federal prosecutors, which is a sharp change from previous decades. The article concludes that these larger forces indicate that the problems within the Department of Justice go far deeper than the Carter Page/FISA episode. A free people will not long endure a Justice Department that does not pursue justice rather than litigating advantage. It is time to restore the traditional ethics of federal prosecution, and observe fairness to all, including the prosecuted defendant. As for “Crossfire Hurricane” itself, though its codename was sophomoric, the execution was infantile. The unprofessional aspects are baffling, but there are still a number of loose ends, which may need to be tied up before a final judgment may be made.
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- 2020
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14. ODR Accessibility for Persons with Disabilities: We Must Do Better
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David Allen Larson
- Subjects
Government ,business.industry ,Best practice ,Title III ,Internet privacy ,Mediation ,Arbitration ,Online dispute resolution ,business ,Alternative dispute resolution ,Dispute resolution - Abstract
Court systems, government agencies, private businesses, mediators, and arbitrators are feeling tremendous pressure to provide online dispute resolution (ODR) systems because of the COVID-19 pandemic. As they rush to design and implement ODR systems, however, it is critical that everyone makes digital accessibility a priority. Because many aspects of our lives may remain online for the long term, it is important that persons with disabilities are not excluded from our “new normal” version of life. Effective access to dispute resolution processes is one part of life that must remain accessible to persons with disabilities. We cannot dismiss these features as mere details that can be added later. It is more efficient to include accessibility features when an online platform is first being designed and constructed. And more importantly, if the plan is simply to add those design features later, sometimes “later” never arrives. This chapter discusses best practices for ODR accessibility, relevant law, and organizations that can help achieve this goal.
- Published
- 2020
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15. Puerto Rico; Act III
- Author
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Stephen J. Lubben
- Subjects
Restructuring ,media_common.quotation_subject ,As is ,Title III ,State (polity) ,Bankruptcy ,Political economy ,Debt ,Political science ,Commonwealth ,Law ,Economic stability ,Finance ,media_common - Abstract
The Commonwealth of Puerto Rico and certain of its affiliated entities have filed “bankruptcy” petitions under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act ("PROMESA"). This short paper provides a brief update on the current status of the restructuring process. As is well known, Puerto Rico’s economy was already deeply distressed, and then came hurricanes, earthquakes, and COVID-19. Given the poor state of the local economy, the island arguably needs extensive debt relief. Before COVID-19, the oversight board had proposed modest debt relief, and even that was deemed unacceptable by bondholders, who argued for cuts to local pensions equal to those being faced by bondholders. As a result, the restructuring process is apt to continue to be quite lengthy and contentious. Puerto Rico’s indeterminate legal status – as neither U.S. state nor independent nation – further complicates matters.
- Published
- 2020
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16. Participation in Two Evidence-Based Falls Prevention Programs by Adults Aging With a Long-Term Disability: Case-Control Study of Reach and Effectiveness
- Author
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Joe Caldwell, Angelica P Herrera-Venson, T. Eagen, Anne Ordway, and Salom M Teshale
- Subjects
Male ,Gerontology ,Aging ,medicine.medical_specialty ,Evidence-based practice ,Title III ,Fear of falling ,Disability Evaluation ,03 medical and health sciences ,0302 clinical medicine ,Risk Factors ,medicine ,Humans ,Disabled Persons ,030212 general & internal medicine ,Aged ,Balance (ability) ,Aged, 80 and over ,Community and Home Care ,Evidence-Based Medicine ,030505 public health ,business.industry ,Public health ,Case-control study ,Middle Aged ,Case-Control Studies ,Accidental Falls ,Female ,Self Report ,Geriatrics and Gerontology ,medicine.symptom ,0305 other medical science ,business ,Older Americans Act ,Fall prevention - Abstract
Objective: Adults aging with a long-term disability (LTD) are at an increased risk for falls. The Older Americans Act Title III-D and Prevention and Public Health Fund (PPHF) support several organizations to deliver falls prevention evidence-based programs designed to reduce risk factors; however, little is understood about the reach and effectiveness of these fall prevention programs for those with LTD compared to those without LTD. This study compared the reach and effectiveness of two evidence-based falls prevention programs between older adults with and without LTD. Method: Using a matched case-control design, 105 LTD older adults enrolled in A Matter of Balance (AMOB) or Stepping On were matched to 315 non-LTD older adults on age, sex, race, and education. Results: On average, LTD older adults attended a higher number of class sessions and were significantly more likely to complete the program compared with the matched-sample of non-LTD older adults. LTD older adults were equally likely as non-LTD older adults to report significant reductions in self-reported fear of falling, falls-related activity restriction, and improvement in falls self-efficacy following completion of the programs. Discussion: These findings provide preliminary evidence for the effectiveness of these evidence-based falls prevention programs for LTD older adults; however, more research is needed to extend these findings.
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- 2018
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17. Citizenship status and language education policy in an emerging Latino community in the United States.
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Mangual Figueroa, Ariana
- Subjects
CITIZENSHIP ,FOREIGN language education ,EDUCATION policy ,HISPANIC Americans ,NO Child Left Behind Act of 2001 ,EDUCATIONAL law & legislation - Abstract
This article draws on a 23 month ethnographic study of an emerging-newly established and rapidly growing-Latino community in the New Latino Diaspora of the U.S. in order to examine how educators and parents interpret language education policy (LEP). It analyzes how an English as a Second Language director and one undocumented Mexican mother respond to the federal education legislation of 2002, known as the No Child Left Behind (NCLB) Act, which seeks to improve educational achievement by assessing student progress through standardized testing, mandating curricular reforms, and improving teacher quality. The analysis focuses on the portion of NCLB known as Title III, which is the section of the legislation that attempts to enlist parental participation in public schooling by mandating that schools communicate with parents in a language that they can understand. Drawing on participant observations, interviews, and informal conversations, this research demonstrates the ways that participants' understandings of citizenship influence their interpretation of language education policy reforms resulting from Title III of NCLB. The findings indicate that various conceptualizations of citizenship circulate between home and school settings, and that those conceptualizations shape approaches to enlisting and offering parental participation. The article contributes to our understanding of three aspects of LEP: the way that LEP is interpreted in formal and informal educational settings, the role of parents and educators in shaping policy implementation locally, and the way individual understandings of LEP are linked to beliefs about citizenship and immigration. [ABSTRACT FROM AUTHOR]
- Published
- 2013
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18. The Impact of the Title III Program on Doctoral and Professional Programs at Historically Black Universities: The Stakeholders’ Perspective.
- Author
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Powell, Kimberly K.
- Subjects
- *
HISTORICALLY Black colleges & universities , *HIGHER education , *LEGISLATION & society , *GRADUATE education , *EDUCATIONAL law & legislation , *SURVEYS , *AFRICAN American college students , *LEGISLATIVE amendments , *DOCTOR of philosophy degree , *ECONOMIC conditions of students ,UNITED States. Higher Education Act of 1965 ,UNITED States politics & government - Abstract
The impact of Part B, Section 326, of the Title III program was assessed using data from three historically Black universities. Part B, Section 326, of the Title III program aims at strengthening the resource capacity of historically Black colleges and universities with eligible doctoral and professional programs. The lack of documented impact contributes to ongoing skepticism regarding program efficacy. A web-based survey instrument, with one version for administrators and faculty and another version for students, was used for data collection. The participants were asked to rank the impact of the program using a five-ordered Likert-type scale. The questions were grouped into multiple domains. Findings from this study suggest that increased stakeholder input needs to be utilized when communicating the success of the Title III program for wider support and advocacy. [ABSTRACT FROM PUBLISHER]
- Published
- 2012
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19. Signaling vulnerabilities in wiretapping systems.
- Author
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Sherr, M., Cronin, E., Clark, S., and Blaze, M.
- Abstract
Many law enforcement wiretap systems are vulnerable to simple, unilateral countermeasures that exploit the unprotected in-band signals passed between the telephone network and the collection system. This article describes the problem as well as some remedies and workarounds. [ABSTRACT FROM PUBLISHER]
- Published
- 2005
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20. Cybercrime: Legal Standards Governing the Collection of Digital Evidence.
- Author
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Schwerha IV, Joseph J.
- Subjects
COMPUTER crimes ,TECHNOLOGY & law ,INFORMATION professionals ,INFORMATION technology ,INTERNET laws ,COMPUTER security - Abstract
This article provides an overview of key legal issues currently affecting information technology professionals. An understanding of the current legal issues affecting information technology development, distribution, and use can enhance the ability of information technology professionals to perform their duties. This article highlights some of the most highly visible current legal issues affecting information system operations and management. It is intended to provide technology professionals a basic understanding of today's prominent technology law issues and to help the professionals recognize their connection with those issues. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
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21. Are Web Sites a Public Accommodation Under Title III of the Americans with Disabilities Act (ADA) Requiring Reasonable Access for Persons with Disabilities?.
- Author
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Lane, Janai
- Subjects
AMERICANS with Disabilities Act of 1990 ,INSURANCE policies ,WEBSITE laws ,DISABILITY laws ,INTERNET - Abstract
Title III of the Americans with Disabilities Act requires those offering public accommodations to make these equally available to all persons equally regardless of disabilities. The Circuit Courts of Appeals are split on whether Title III extends to non-physical spaces such as insurance policies, but no court has directly addressed the application of Title III to Internet Web sites. Under recently adopted Federal regulations, Section 508, the Federal Government must design all Federal Web sites to provide equal access to those with disabilities. This article explains that Web sites will probably eventually be required to be ADA compliant because they are public accommodations under Title III of the ADA. This article discusses the features that must be included in a Web site for it to be ADA compliant. For example, text labels must be provided for all graphics and all site functions must be keyboard activated. These features will permit the site to be used by persons with disabilities such as blindness who rely on screen-readers to permit access to the Internet. The article also discusses some of the drawbacks to ADA compliance such as expense and limitations on features normally included in Web sites. [ABSTRACT FROM PUBLISHER]
- Published
- 2002
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22. Title III Agriculture and Fisheries
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Marcus Klamert, Jonathan Tomkin, and Manuel Kellerbauer
- Subjects
Agriculture ,business.industry ,Title III ,Political science ,business ,Agricultural economics - Abstract
Overview Article 38 establishes the basis for a common agriculture and fisheries policy, defines its scope, and situates it in relation to the general internal market rules. Article 39 sets out the objectives of the common agriculture and fisheries policies. Article 40 contains a basic...
- Published
- 2019
- Full Text
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23. Title III Cooperation with Third Countries and Humanitarian AID
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Marcus Klamert and Friedrich Erlbacher
- Subjects
Humanitarian aid ,business.industry ,Political science ,Title III ,Law ,business - Abstract
Title III comprises three distinct yet related policies, viz (1) development cooperation (DC), (2) cooperation with non-developing third countries, and (3) humanitarian aid (HA). More than other areas, the policies in this title depend on the interplay between the EU, the MS, other countries, and NGOs. They are areas firmly embedded in international law, with IAs being important instruments. The administration of assistance and aid is regulated by a number of partly overlapping instruments of secondary law.
- Published
- 2019
- Full Text
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24. Title III Provisions on the Institutions
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Paul-John Loewenthal
- Subjects
Title III ,Political science ,Law - Abstract
Title III of the TEU includes Articles 13–19. Those provisions concern the institutions of the Union. Article 13 TEU establishes the institutional framework of the Union and lists its seven institutions. Articles 14, 15, 16, 17, and 19 TEU each deal with five of those institutions separately: the EP, the European Council, the Council, the Commission and the Court of Justice respectively. Article 18 TEU deals with the High Representative of the Union for Foreign Affairs and Security Policy, which is not a separate institution, but rather forms part of both the Council and the Commission and takes part in the work of the European Council. The last two institutions listed in Article 13(1) TEU—the ECB and the Court of Auditors—are not given dedicated provisions in the TEU. Detailed provisions on all seven institutions listed in Article 13(1) TEU are to be found in Articles 223–287 TFEU.
- Published
- 2019
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25. Title III Equality
- Author
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Jonathan Tomkin
- Subjects
Political science ,Title III ,Theology - Abstract
Title III provides for the right to ‘equality’ of various categories of persons, to various degrees and in various contexts. In addition to requiring all persons to be treated equally before the law, the provisions of Title III expressly prohibit discrimination on a number of specific grounds, such as an individual’s sex, race, colour, ethnic or social origin, religion, or belief. Although diverse in nature, many of the grounds share in common the fact that they may be considered to form an intrinsic part of a human being’s personal, physical, psychological, or social makeup and thereby constitute fundamental facets of an individual’s identity. Viewed from this perspective, the prohibition against discrimination on such grounds may be considered to constitute a particular expression of the right to respect for human dignity that is protected under Title I.
- Published
- 2019
- Full Text
- View/download PDF
26. Title III Enhanced Cooperation
- Author
-
Marcus Klamert, Jonathan Tomkin, and Manuel Kellerbauer
- Subjects
Enhanced cooperation ,Title III ,Political science ,Public administration - Abstract
Article 326 TFEU complements Article 20 TEU regarding the substantive requirements for establishing and implementing enhanced cooperation.
- Published
- 2019
- Full Text
- View/download PDF
27. European Agriculture and the Bioeconomy: A Historical Overview
- Author
-
Alan Matthews and Kai P. Purnhagen
- Subjects
Treaty on the Functioning of the European Union ,business.industry ,Title III ,Single market ,International trade ,Domestic market ,Law Group ,Recht ,Agriculture ,Political science ,media_common.cataloged_instance ,Life Science ,Treaty of Rome ,European union ,business ,Common Agricultural Policy ,media_common - Abstract
Articles 38–44 (Title III) of the Treaty on the Functioning of the European Union (TFEU) govern the European Union (EU)’s Common Agricultural Policy (CAP). Article 38 of the Treaty of Rome in 1957 laid down the establishment of a common market for agricultural products and Article 39 set up a CAP, which was subsequently largely decoupled from the rules of the other common markets. This chapter outlines the historical development of the CAP, the internal market for agriculture and its relationship to the bioeconomy. It illustrates the different steps taken in the agricultural market as well as the policy choices which lie behind it.
- Published
- 2019
28. Los endosos en procuración y las facultades de un mandatario con representación para cobrar el titulo judicial
- Author
-
Ana María Díaz Arrieta
- Subjects
Power of attorney ,Political science ,Title III ,Representation (arts) ,Humanities ,Code (semiotics) - Abstract
El objetivo del presente artículo de reflexión es realizar un análisis doctrinal sobre los endosos en procuración y las facultades de un mandatario con representación para cobrar el título judicial, tomando como referencia el Código de Comercio Colombiano en su Título III de los títulos valores, en el que se establece lo necesario que son estos documentos para legitimar el ejercicio del derecho literal y autónomo que en ellos se incorporan. Asimismo se expondrá que la letra de cambio se convierte en una herramienta de carácter probatorio, constitutivo y dispositivo de presentación, requerible y feneraticio.
- Published
- 2016
- Full Text
- View/download PDF
29. A 2020 perspective on 'Success factors in Title III equity crowdfunding in the United States'
- Author
-
Stanislav Mamonov and Ross A. Malaga
- Subjects
Marketing ,Computer Networks and Communications ,business.industry ,Title III ,05 social sciences ,Perspective (graphical) ,Success factors ,Accounting ,02 engineering and technology ,Computer Science Applications ,Entrepreneurial finance ,Transformative learning ,020204 information systems ,Management of Technology and Innovation ,0502 economics and business ,0202 electrical engineering, electronic engineering, information engineering ,050211 marketing ,The Internet ,Equity crowdfunding ,business - Abstract
Equity crowdfunding is an important development in the transformative effects of the Internet on entrepreneurial finance. We reflect on the motivation and the contribution of our study on the success factors in Title III equity crowdfunding in the United States. We also comment on the latest developments in entrepreneurial finance involving initial coin offerings and initial exchange offerings as these present the next step in the evolution of technology-enabled entrepreneurial finance.
- Published
- 2020
- Full Text
- View/download PDF
30. Wiretapping and Insider Trading: The New Paradigm?
- Author
-
Kaplan, Howard J. and Matteo, Joseph A.
- Subjects
- *
WIRETAPPING , *WHITE collar crimes , *ELECTRONIC security systems - Abstract
The article presents wiretapping as a practice in investigations of white-collar crimes in the U.S. It makes reference to the insider trading case of Raj Rajaratnam, founder and manager of hedge fund management firm Galleon Group to highlight the use of wiretap communications in prosecuting such cases. It also considers the decision of the Supreme Court on the case of Washington State bootlegger Roy Olmstead that declared wiretapping as violative of the Fourth Amendment.
- Published
- 2012
31. BACKGROUND AND RATIONALE FOR EVALUATING THE OLDER AMERICANS ACT TITLE III-C NUTRITION SERVICES PROGRAM
- Author
-
H L Menne
- Subjects
Gerontology ,Abstracts ,Health (social science) ,Title III ,Life-span and Life-course Studies ,Psychology ,Health Professions (miscellaneous) ,Older Americans Act - Abstract
The Older Americans Act, Title III-C authorizes the Nutrition Services Program (NSP) that is administered by the Administration on Aging within the Administration for Community Living. Key components of the NSP are the congregate nutrition program and the home-delivered nutrition program. The purpose of the NSP is to: a) reduce hunger and food insecurity among older individuals; b) promote socialization of older individuals; c) promote the health and well-being of older individuals; and d) delay adverse health conditions for older individuals. Between 2005 and 2015, the number of congregate meals clients ranged from 830,000 to 940,000 (mean = 879,000) and the number of home-delivered meals clients ranged from 1,567,000 to 1,749,000 (mean = 1,653,000). To provide background and context about the NSP, this paper will highlight the growth of the program and the rationale and purpose for the recent national evaluation of the NSP.
- Published
- 2018
32. POLICY SERIES: NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM: EVALUATION RESULTS AND PRACTICAL APPLICATIONS
- Author
-
Lynn Feinberg and H L Menne
- Subjects
Program evaluation ,Medical education ,Health (social science) ,Process (engineering) ,media_common.quotation_subject ,Title III ,Service provider ,Health Professions (miscellaneous) ,Session (web analytics) ,Administration (probate law) ,Abstracts ,Quality (business) ,Life-span and Life-course Studies ,Psychology ,media_common ,Older Americans Act - Abstract
Established in 2000, the National Family Caregiver Support Program (NFCSP) of the Older Americans Act Title III-E is administered by the Administration on Aging within the Administration for Community Living (ACL). The NFCSP supports caregivers through grants to States and Territories for a range of services that assist unpaid family and friend caregivers to care for someone at home for as long as possible. A growing expectation for quality federal programs is a requirement for rigorous evaluation. This session will highlight results of from the first national evaluation of the NFCSP. The first paper sets the stage by describing NFCSP services, participating caregivers, funding levels, and the rationale for the recent process and outcome evaluations. The second paper, focusing on results of the Process Evaluation, highlights program operations based on results of surveys with State Units on Aging, Area Agencies on Aging (AAAs), and Local Service Providers. The third paper presents the experience of Massachusetts, and how NFCSP is integrated with other programs in the state to support family caregivers. The final paper takes a multi-level approach by combining data from the process study and the caregiver outcomes study to look at the association between AAA assessment processes and outcomes of caregivers. To close the session, an expert in federal policy related to unpaid family caregiving will lead discussion about next steps for researchers, practitioners, and policy makers in light of the evaluation results.
- Published
- 2018
33. Las uniones convivenciales en la nueva legislación civil argentina
- Author
-
José Vicente Andrade Otaiza
- Subjects
AUTONOMY ,Responsibility ,Unification ,Title III ,media_common.quotation_subject ,RIGHTS ,MATRIMONIO ,Ideal (ethics) ,UNIÓN CONVIVENCIAL ,Unión convivencial ,COEXISTENCE ,RESPONSABILIDAD ,Matrimonio ,SOLIDARIDAD ,Political science ,ORDEN PÚBLICO ,Concubinage ,PUBLIC ORDER ,Responsabilidad ,Marriage ,AUTONOMÍA DE LA VOLUNTAD ,Autonomy ,Family law ,CONCUBINATO ,Autonomía de la voluntad ,media_common ,MARRIAGE ,Jurisprudence ,RESPONSIBILITY ,Derecho de familia ,Solidarity ,DERECHOS ,Concubinato ,Law ,SOLIDARITY ,Damages ,Civil code ,CONCUBINAGE ,Coexistence - Abstract
La unión convivencial y el reconocimiento de "otros" derechos por fuera del Título III del Código Civil de Vélez es una novedad que introduce el Proyecto de reforma y unificación del Código Civil 2012, en su Libro II, "Familia". Su Título III regula la "unión convivencial", antes —peyorativamente— "unión concubinaria" o "concubinato". El objetivo del artículo es indagar sobre los antecedentes de dicha regulación, para comprender su marco legal, así como precisar el problema entre el principio de autonomía de la voluntad y la noción de orden público o el modo como resuelve la dualidad entre el derecho a no casarse y el derecho a una protección integral de la familia, cualquiera que sea su forma. Se plantea la pregunta: ¿La unión convivencial es el mecanismo idóneo para resolver la tensión social entre el matrimonio y las uniones de hecho, con respeto de principios y valores constitucionales? La posibilidad de que las parejas unidas convivencialmente sean beneficiarias de la protección prevista para la vivienda y estén legitimadas para reclamar indemnización por daños ante la muerte de su pareja, entre otros aspectos, son razones para considerar que hay más de una forma de familia, no solo sustentada en vínculos genéticos, sino también afectivos. Esta consagración no es una creación de los redactores del Proyecto, sino un reconocimiento a las corrientes jurisprudenciales y doctrinarias que, sobre todo después de la reforma constitucional de 1994, proponían la ampliación de derechos a esta estructura familiar y afectiva distinta al matrimonio. Domestic unions and the acknowledgment of "other" rights outside of Title III of the Civil Code of Argentina are some of the novelties introduced in "Family," the Second Book of the 2012 Civil Code Reform and Unification Project. Title III regulates the "domestic union," formerly known as "concubinary union" or "concubinage".The purpose of this paper is to investigate the background of said regulation in order to understand its legal framework. It also seeks to identify the problem between the principle of autonomy and the idea of public order, or the duality between the right not to marry and the right to a comprehensive protection of the family: Is domestic union the ideal mechanism to solve the social tension between marriage and de facto unions while respecting constitutional principles and values? The possibility that cohabitating couples will benefit from housing protection and be entitled to compensation for damages resulting from the death of their partner, among other things, are reasons to believe there is more than one type of family, based not only on genetics but also on affectional bonds. This is not a creation of the leaders of the project, but an acknowledgment of the jurisprudence and doctrines that, particularly following the constitutional reform of 1994, proposed extending the rights to this type of family and affective structure, different from marriage.
- Published
- 2018
34. Who Decides Who Rides: Examining Amusement Ride Access Policies and Title III
- Author
-
William Moorer
- Subjects
Amusement ,Theme park ,restrict ,business.industry ,media_common.quotation_subject ,Title III ,Internet privacy ,Business ,Transparency (behavior) ,Disability law ,media_common - Abstract
Have you ever visited an amusement park and watched a park employee instruct a guest that he or she may not experience a ride because of a certain physical attribute? Have you ever wondered how these policies are created? A trio of Title III wrongful discrimination claims filed against amusement park owners in 2012 and 2013 illuminated the tension that exists between Title III ADA regulations, Access Board guidelines, state regulatory schemes for amusement rides, and individual rider access policies on amusement rides. Circumstances did not require the courts to analyze the creation, implementation, and regulation of amusement ride access policies, so the issue of whether these access policies violate Title III was not fully discussed. This article does just that. Manufacturers and owners of modern amusement rides adhere to practice standards that regulate the design, construction, testing, operation, and maintenance of amusement rides. These standards, created by ASTM Committee F-24, provide the framework for the creation and implementation of rider access policies on modern amusement rides. Evidence suggests that owners of amusement rides likely adhere to Title III’s selection criteria exceptions when they restrict access to individual guests based on manufacturer-created rider access policies created in accordance with ASTM standards. Despite arguments that rider access policies are over-reaching and duplicitous, owners and manufacturers strive for transparency and inclusivity, increasing potential rider access by working together to create new devices that increase experiences for disabled riders on the newest, most thrilling amusement rides.
- Published
- 2018
- Full Text
- View/download PDF
35. Success Factors in Title III Equity Crowdfunding in the United States
- Author
-
Stanislav Mamonov and Ross A. Malaga
- Subjects
Marketing ,050208 finance ,Computer Networks and Communications ,Emerging technologies ,business.industry ,Title III ,05 social sciences ,Accounting ,02 engineering and technology ,Venture capital ,Business model ,Computer Science Applications ,Financial regulation ,Information asymmetry ,Management of Technology and Innovation ,020204 information systems ,0502 economics and business ,Agency (sociology) ,0202 electrical engineering, electronic engineering, information engineering ,050211 marketing ,Business ,Equity crowdfunding ,050203 business & management ,Financial services - Abstract
The financial industry is seeing rapid introduction of new technologies and new business models that are challenging established practices. Recent changes in financial regulation in the United States have spurred evolution of equity crowdfunding as a potential alternative to traditional sources of venture capital. To address the relative lack of knowledge about success factors, we focus on Title III equity crowdfunding platforms in the United States that are open to non-accredited investors. We draw on traditional venture finance research and we examine the effects of market, execution and agency risks in equity crowdfunding under Title III. We collect data on 133 ventures that attracted more than $11 million in funding commitments across sixteen Title III equity crowdfunding platforms. We find that all three types of risks can affect the likelihood of successful fundraising under Title III. We discuss the implications of these findings for entrepreneurs, investors, crowdfunding platforms and policy makers.
- Published
- 2018
- Full Text
- View/download PDF
36. Fiscal Compact - the first decisive step towards euro adoption in Croatia
- Author
-
Davor Galinec and Anto Bajo
- Subjects
Government ,Currency ,Political science ,Title III ,Corporate governance ,SOCIAL SCIENCES. Economics ,Economic and monetary union ,International economics ,Treaty ,DRUŠTVENE ZNANOSTI. Ekonomija ,Ratification ,Accession ,fiscal policy - Abstract
The Government - in an expedited procedure - adopted a Draft Proposal for an Act on the Ratification of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union between the EU Member States, thereby taking the first decisive step towards joining the euro area an announcing stronger commitment to structural reform implementation. The Government accepted part of the Treaty provisions relating to the euro-area members (i.e. Title V, participation of the Heads of Government in the euro-area members' meetings). As concerns provisions arising from Title III (Fiscal Compact) and Title IV (Economic Policy Coordination and Convergence), Croatia will, like other Member States whose currency is not the euro, exercise its right of exemption (pending its accession to the euro area).
- Published
- 2018
37. Do decision rules matter? A descriptive study of English language proficiency assessment classifications for English-language learners and native English speakers in fifth grade
- Author
-
Patricia E. Carroll and Alison L. Bailey
- Subjects
Linguistics and Language ,media_common.quotation_subject ,Title III ,05 social sciences ,050401 social sciences methods ,050301 education ,Ell ,Decision rule ,Academic achievement ,Language acquisition ,Language and Linguistics ,Linguistics ,0504 sociology ,Reading (process) ,Active listening ,Language proficiency ,Psychology ,0503 education ,Social Sciences (miscellaneous) ,media_common - Abstract
English language proficiency assessments (ELPA) are used in the United States to measure annually the English language progress and proficiency of English-language learners (ELLs), a subgroup of language minority students who receive language acquisition support mandated and largely funded by Title III (NCLB, 2001). ELPA proficient and non-proficient classifications are determined by applying decision rules to combine the sub-domains of listening, speaking, reading, and writing in a conjunctive, compensatory, mixed or complementary manner in order that an ELP performance standard can be set. Although the ELP performance standard is used to set accountability objectives for federal reporting, it also is used to reveal students’ readiness for exit from English language services. This study operationalizes and tests the ELP performance standard for student-level decision making by describing to what extent students are classified as non-proficient under different models and rules and the effect of these differences on their eligibility for redesignation. Test performances from one state’s ELPA were gathered from a statewide sample of ELL ( n = 875) and randomly selected sample of native English speaker students (non-ELL, n = 92) in fifth grade. Findings indicate sizable differences in non-proficient classifications for ELLs, non-ELLs, and a constructed subgroup of academically high-performing students. There were also observed differences in redesignation eligibility in all groups suggesting that choice of model and decision rule can extend the length of time even high-performing students spend in English language services. Discussion includes implications for validation of high-stakes classification systems.
- Published
- 2015
- Full Text
- View/download PDF
38. Magistrate denies motion to dismiss in cases against Harvard and MIT on web content captioning
- Author
-
Marc Charmatz
- Subjects
Closed captioning ,Engineering ,business.industry ,Title III ,05 social sciences ,050801 communication & media studies ,Motion (physics) ,0508 media and communications ,Action (philosophy) ,050903 gender studies ,Law ,Magistrate ,Web content ,0509 other social sciences ,business ,Telecommunications ,Class action - Abstract
A United States magistrate issued a report and recommendation which denied Harvard University and Massachusetts Institute of Technology's motion to dismiss a class action under Section 504 of the Rehabilitation Act, 29 U.S.C. 794, and Title III of the Americans with Disabilities Act, 42 U.S.C. 12181 et seq., for failure to provide equal access for deaf and hard of hearing individuals to the audio and audiovisual content that defendants made available online to the general public by not providing captioning. (For a summary of the complaints in National Association of the Deaf et al. v. Harvard University and President and Fellows of Harvard College, Civil Action No. 3:15-cv-30023-MGM (D. Mass.); and National Association of the Deaf et al. v. Massachusetts Institute of Technology, Civil Action No. 3:15-cv-300024-MGM (D.Mass.) see the July 2015 issue.)
- Published
- 2016
- Full Text
- View/download PDF
39. In Excess of Legitimate Need
- Author
-
Maurice C. Taylor
- Subjects
State (polity) ,Political science ,Federal funds ,media_common.quotation_subject ,Title III ,Historically black colleges and universities ,Institution ,Online degree ,State legislature ,Library science ,Certificate ,media_common - Abstract
This chapter explores how Morgan State University was able to utilize federal funds, specifically the Department of Education's Title III Program, to develop its graduate degree programs and its online degree programs. Morgan celebrates its sesquicentennial in 2017, marking the institution's founding in 1867 by the Baltimore Conference of the Methodist Episcopal Church as the Centenary Biblical Institute. The development of Morgan's graduate programs, in particular its inventory of doctoral programs, as well as its online degree and post-baccalaureate certificate programs, has occurred in the absence of financial support from the State of Maryland. Numerous reports commissioned by the State of Maryland document its long history of neglect in funding its Historically Black Colleges and Universities. Morgan achieved university status when the State Legislature first authorized Morgan to offer doctoral degrees. The additional doctoral programs resulted in a significant increase in enrollment at Morgan; and a change in Morgan's Carnegie classification from Master's Comprehensive University to Doctoral Research University.
- Published
- 2017
- Full Text
- View/download PDF
40. Communications Act 2021
- Author
-
Douglas Sicker and William Lehr
- Subjects
business.industry ,Universal design ,Title III ,Economics ,Public policy ,The Internet ,Public relations ,Industrial policy ,business ,Critical infrastructure ,Net neutrality ,Market failure - Abstract
The Communications Act of 1934, as amended by the Telecommunications Act of 1996, is showing its age. Like an old New England house that added drafty new additions over the years to house a growing extended family, the Act is poorly suited to meet today's challenges. Much of what is included in the Act relates to earlier technologies, market structures, and regulatory constructs that address issues that are either no longer relevant or that cause confusion when one tries to map them to current circumstances. The legacy Act was crafted in a world of circuit-switched POTS telephony provided by public utilities, and even when substantially revised in 1996, barely mentions broadband or the Internet. Moreover, the FCC has struggled in recent years to establish its authority to regulate broadband services and in its effort to craft a framework to protect an Open Internet (sometimes, referred to as Network Neutrality). While many of the fundamental concerns that the legacy Act addressed remain core concerns for public policy, the technology, market, and policy environment are substantially changed. For example, we believe that universal access to broadband and Internet services are important policy goals, but do not believe that the current framework enshrined in Title II of the legacy Act does a good job of advancing those goals. In this paper, we identify the key concerns that a new Act should address and those issues in the legacy Act that may be of diminished importance. We propose a list of the key Titles that a new Communications Act of 2021 might include and identify their critical provisions. Our straw man proposal includes six titles: Title I establishes the basic goals of the Act and sets forth the scope and authority for the FCC; Title II provides the basic framework for regulating potential bottlenecks; Title III establishes a framework for monitoring the performance of communications markets, for addressing market failures, and for promoting industrial policy goals; Title IV focuses on managing radio-frequency spectrum; Title V focuses on public safety and critical infrastructure; and Title VI addresses the transition plan. Our goal is to provoke a discussion about what a new Act might look like in an ideal, clean-slate world; not to address the political, procedural, or legal challenges that necessarily would confront any attempt at major reform. That such challenges are daunting we take as given and as a partial explanation for why the legacy Act has survived so long. Nevertheless, it is worthwhile having a clear picture of what a new Communications Act should include and the benefits that having a new Act might offer so we can better judge what our priorities ought to be and what reforms might best be attempted.
- Published
- 2017
- Full Text
- View/download PDF
41. Title III. INSTITUTIONAL FRAMEWORK OF CONTRACTUAL INSTRUMENTS
- Author
-
Charlotte Julie Rault
- Subjects
Political science ,Title III ,Law and economics - Published
- 2017
- Full Text
- View/download PDF
42. Media Now: A Historical Review of a Media Literacy Curriculum
- Author
-
Diane Quaglia, Yonty Friesem, and Ed Crane
- Subjects
Multimedia ,Communication ,Title III ,Teaching method ,Learning resource center ,computer.software_genre ,Education ,Workbook ,Local government ,Pedagogy ,Active learning ,Media literacy ,Sociology ,computer ,Curriculum - Abstract
The Elizabeth Thoman Archive at the Harrington School of Communication and Media, University of Rhode Island, has the last complete kit of one of the milestones in the early chronology of media literacy, the 1972 Media Now curriculum. This curriculum was the first of its kind, using self-contained lesson modules that were part of a larger series of kits, text references, and accompanying workbook. Its self-directed learning model gave students the opportunity to learn about the media, by doing, responding to, and reflecting on core concepts of media production. Using physical artifacts from the Media Now kit, historical documents, promotional materials, phone interviews with the founders and teachers of the curriculum, the authors were able to trace the development of Media Now from its historical and educational roots of the 1960s, to its full production, distribution, and training out of the facility at the Southwest Iowa Learning Resource Center (SILRC). The historical and educational impetus for creation of what started as a Title III innovation grant of the Elementary and Secondary Educational Act of 1965, matured to be a curriculum that was implemented in 600 schools across the U.S a testament to both its need and its success. However, as times and politics changed, federal and local government cut funding for Media Now. As we reviewed its original approach to curriculum design and pedagogy, we found that the Media Now story calls for a new examination of the creative materials and techniques used in the 1970s, in light of the current need for media literacy education in and outside of the 21st century digital classroom.
- Published
- 2014
- Full Text
- View/download PDF
43. Disabilities Act compliance of fitness facilities in an American metropolitan area
- Author
-
Karen M Sames and Hannah Stoelzle
- Subjects
Gerontology ,Universal design ,Environmental health ,Title III ,Rehabilitation ,Physical activity ,Physical Therapy, Sports Therapy and Rehabilitation ,Psychology ,Metropolitan area ,Recreation ,Compliance (psychology) - Abstract
Background/aim: The Americans with Disabilities Act (ADA) Title III mandates accessibility of all public facilities, including fitness facilities. The purpose of this study was to examine the ADA compliance of fitness facilities located in the St. Paul and Minneapolis metropolitan area, US. Methods: Twenty randomly selected fitness facilities were evaluated for ADA compliance using the Accessibility Instruments Measuring Fitness and Recreation Environments (AIMFREE) Professional Version ( The National Center on Physical Activity and Disability, 2010 ). The assessment evaluated physical, educational, and informational aspects within each fitness facility. Results: None of the 20 participating fitness facilities in the St. Paul and Minneapolis metropolitan area were 100% ADA compliant. The overall compliance of all 20 participating fitness facilities, as measured by the AIMFREE, was 48.4%. The highest scoring domain was water fountains (77.8%) and the lowest scoring domain was telephones (23.3%). The results of the study showed the fitness facilities in the St. Paul and Minneapolis metropolitan area were not compliant with ADA standards. Conclusion: Occupational and physical therapy practitioners have a significant role in advocating for accessibility of public facilities, such as fitness facilities. Practitioners can collaborate with fitness facility owners to provide structural and educational resources to better accommodate the needs of individuals with disabilities.
- Published
- 2014
- Full Text
- View/download PDF
44. Principal Response to Title III: A Narrative Inquiry of the Agency and Support of English Learner Education
- Author
-
Booker, Byron Ashley
- Subjects
- English Learners, No Child Left Behind, Title III, school principals, accountability
- Abstract
The passage of Title III under No Child Left Behind of 2001 established new accountability mandates to meet the educational needs of English Learners (ELs), but refrained from prescription of how school principals should implement those policies (Cummins, 2012; Cummins, 2011; Hakuta, 2011; Menken, 2010; Menken, 2009; Wright & Pu, 2005; Kindler, 2002; Bainbridge & Lasley, 2000; Walqui, 2000; Reyes, Scribner, & Scribner, 1999). School principals face the challenges to comply with federal policy mandates for ELs, and lack appropriate preparation germane to EL education. This disconnect between federal policy making and local implementation is particularly problematic in pre-emerging gateway states for immigration that have experienced greater than 200% increase in the EL population since 2000. The purpose of this study was to determine how the passage of Title III under No Child Left Behind of 2001 influences the agency of school principals to support the education of English Learners. The passage of the No Child Left Behind Act of 2001 increased the importance placed on school principals to improve student achievement and narrow achievement gaps between ELs and non-ELs. A qualitative narrative inquiry was employed to tell the story of four school principals who served in administration prior to and after the passage of Title III under NCLB and. Data collection included personal interviews with the school principals to determine the influence of that legislation on their ability to educate ELs. Within case and cross-case analyses were conducted to extract the themes from these oral histories related to school leadership and implementation of federal mandates for accountability. With strong evidence from these oral histories, three themes were developed regarding the school principal’s ability to meet the educational needs of ELs: initial barriers, dealing with change, and implementing the law. Their interpretations and implementations of federal policy were examined to determine the contributions of school principals to educate ELs and to recognize their successes and failures.
- Published
- 2020
45. Using Robotics to Improve Retention and Increase Comprehension in Introductory Programming Courses
- Author
-
Marie Pullan
- Subjects
Cooperative learning ,business.industry ,Computer science ,Title III ,Computer programming ,Robotics ,Comprehension ,Component (UML) ,Active learning ,ComputingMilieux_COMPUTERSANDEDUCATION ,Mathematics education ,Artificial intelligence ,business ,Logic programming - Abstract
Several college majors, outside of computer science, require students to learn computer programming. Many students have difficulty getting through the programming sequence and ultimately change majors or drop out of college. To deal with this problem, active learning techniques were developed and implemented in a freshman programming logic and design course with the support of a 5-year $2-million Title III “Strengthening Institutions” grant from the U.S. Department of Education. This course includes a robotic component allowing students to own their learning and to collaborate in authentic and productive ways in the classroom. This article discusses the preliminary work and results from that course.
- Published
- 2013
- Full Text
- View/download PDF
46. Fulfilling the PEPFAR mandate: a more equitable use of PEPFAR resources across global health
- Author
-
Victor K Barbiero
- Subjects
Sustainable development ,Government ,Economic growth ,education.field_of_study ,business.industry ,Title III ,Behavior change ,Population ,Editorials ,Legislation ,General Medicine ,Global health ,Medicine ,Mandate ,business ,education - Abstract
The broader United States Government (USG) global health mandate exists to invest in a more flexible and more equitable approach to prioritizing for the most effective health interventions. The recent Institute of Medicine (IOM) evaluation of PEPFAR applauds PEPFAR’s impressive success as it moves beyond its “emergency stage” and supports a more sustainable development platform working towards the goal of an AIDS-free generation. At the same time the IOM points out two major challenges for PEPFAR: (1) to better address prevention through behavior change and (2) to shift the burden and responsibility of programming more to the affected countries. In addition the President’s Global Health Initiative (GHI) acknowledges the compelling global health needs beyond those of HIV including a focus on women girls and gender equity as well as health-systems strengthening. The policy mandate for a broader PEPFAR approach already exists in its Hyde-Lantos authorizing legislation: Section 4(6) (A) states: “the USG should strengthen primary health care systems” and Section 301(b)(1)(B) Title III; Subtitle A states: “it is the policy objective of the United States to strengthen the capacity to deliver primary health care in developing countries especially in sub-Saharan Africa…” (excerpt)
- Published
- 2013
- Full Text
- View/download PDF
47. The JOBS Act and crowdfunding: Harnessing the power—and money—of the masses
- Author
-
Abbey Stemler
- Subjects
Marketing ,Finance ,Power (social and political) ,business.industry ,Capital (economics) ,Title III ,Equity (finance) ,The Internet ,Business ,Business and International Management ,Small business ,Zeitgeist - Abstract
On April 5, 2012, President Barack Obama signed into law the Jumpstart Our Business Startups (JOBS) Act, dramatically changing the landscape for many companies raising capital. One of the most interesting sections of the Act is Title III, the CROWDFUND Act, which enables entrepreneurs and small business owners to sell limited amounts of equity in their companies to a large number of investors via social networks and various Internet platforms. Prior to the CROWDFUND Act, selling equity interests in companies via crowdfunding was for all practical purposes illegal under United States securities laws. The Act attempts to exempt crowdfunding from expensive registration requirements and allow crowdfunding websites to avoid the classification of broker, which would impose substantial registration costs on such sites. Through the CROWDFUND Act, equity-based crowdfunding has the potential to open funding opportunities to countless underfunded entrepreneurs and small businesses. In addition, it can provide investors with new ways to diversify their portfolios. However, the benefits of crowdfunding do not come without substantial risks. Given the combination of unsophisticated investors, inherently risky businesses, and the zeitgeist that changed regulations quickly, crowdfunding must be approached with caution.
- Published
- 2013
- Full Text
- View/download PDF
48. Library Network Analysis and Planning (LIB-NAT)
- Author
-
Maryann Duggan
- Subjects
Operations research ,ComputingMilieux_THECOMPUTINGPROFESSION ,Computer science ,Title III ,Library services ,Library science ,Library and Information Sciences ,GeneralLiterature_MISCELLANEOUS ,lcsh:Z ,lcsh:Bibliography. Library science. Information resources ,Network planning and design ,Round table ,Preliminary report ,Nat ,State (computer science) ,Information Systems ,Network analysis - Abstract
A preliminary report on planning for network design undertaken by the Reference Round Table of the Texas Library Association and the State Advisory Council to Library Services and Construction Act Title III Texas Program. Necessary components of a network are discussed, and network transactions of eighteen Dallas area libraries analyzed using a methodology and quantitative measures developed fm· this project.
- Published
- 2013
49. The New Outline of the Institution of Adoption in Romania following the Amendments of Law no. 273/2004 on the Legal Status of Adoption
- Author
-
Irina Apetrei
- Subjects
Government ,Parliament ,Political science ,Law ,media_common.quotation_subject ,Title III ,Sanctions ,Legislation ,Legislature ,Public administration ,Civil code ,Promulgation ,media_common - Abstract
In Romania after 1989, the institution of adoption has suffered numerous legislative modifications. Thus, the following regulations were successively adopted: Law no. 11/1990 regarding the approval of adoption, which brought a series of corrections to the Family Code of 1954, Government Emergency Ordinance no. 25/1997 regarding the legal status of adoption, which created a new and unitary framework for this institution by repealing all previous regulations, and Law no. 273/2004 regarding the legal status of adoption, which was passed in order to harmonize the Romanian legislation on adoption procedures with the international regulations and practices in the field. As far as the basic conditions of adoption, these are currently comprised in the Civil Code of 2011 (Book II: ABOUT FAMILY, TITLE III: Kinship, Chapter III: Adoption, Articles 451-482), which abrogated the Civil Code of 1864 and the Family Code. At the moment, Romania’s Parliament has adopted the Bill on amending and supplementing Law no. 273/2004 on the legal status of adoption and sent it for promulgation to the President of Romania; the law is to come into force 120 days after its publication in the Official Gazette. The paper conducts an analysis of these latest legislative modifications in the field of adoption, regarding the reduction of certain terms of the applicable procedure, the speedy granting of the status of adoptable child, the revision of the procedure of matching the child with the adopter/adopting family, the increase of the validity term of the certificate of adopting family, the approval of a maximum one year leave for the parent and child to get accustomed to one another, as well as the sanctions for the parents who are indifferent to the fate of the children they have abandoned and who fail to approve their adoption. © 2016 Published by Future Academy www.FutureAcademy.org.uk
- Published
- 2016
- Full Text
- View/download PDF
50. Electronic Intercepts
- Author
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John Bair and Brett Shavers
- Subjects
Metadata ,Computer science ,Covert ,Title III ,Search warrant ,Court order ,Keystroke logging ,Computer security ,computer.software_genre ,computer - Abstract
When all other investigative methods fail, intercepting electronic communications may be the only remaining option to obtain covert communications. Although legal requirements vary between particular jurisdictions, the technical requirements to intercept communications remain fairly consistent and, for the most part, are easy to implement effectively.
- Published
- 2016
- Full Text
- View/download PDF
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