III Trust Arbitration as a Matter of National Law, 7 Legislative Approaches to Trust Arbitration in the United States

Author(s):  
Tritt Lee-ford

This chapter explores the variety, validity, and viability of various legislative attempts to resolve the uncertainty surrounding mandatory arbitration of internal trust disputes. In so doing, it provides a descriptive and normative analysis of various state legislative approaches regarding arbitration of trust disputes and critiques these efforts so as to help legislators going forward. Five US states—Florida, Arizona, New Hampshire, Missouri, and South Dakota—have adopted statutes expressly authorizing arbitration of internal trust disputes. The chapter considers each of these enactments in detail. It also compares these provisions to the Uniform Trust Code (UTC) and various proposed statutes in this area of law, including the American College of Trust and Estate Counsel (ACTEC) model acts and a bill that was discussed but ultimately not adopted in Hawai’i.

1986 ◽  
Vol 15 (3) ◽  
pp. 211-231 ◽  
Author(s):  
Neil E. Reichenberg

This article provides an overview of pay equity as well as an update of recent developments concerning this issue. The article summarizes the arguments advanced by pay equity advocates and opponents. There is a discussion of the leading court decisions which is organized as cases brought before and after the United States Supreme Court's landmark decision in the case of County of Washington v. Gunther, 452 U.S. 161 (1981). The position of the Reagan Administration, as set forth by the Department of Justice and the Equal Employment Opportunity Commission also is summarized. The article includes a description of the legislation pending before the 99th United States Congress along with state legislative developments. The final section of the article is a pay equity bibliography.


Legal Concept ◽  
2019 ◽  
pp. 137-144
Author(s):  
Alexey Szydlowski

Introduction: the election law of the US states to date remains insufficiently studied not only in Russia but also abroad. This is due to the fact that the legal regulation of the electoral process in America is attributed to the powers of the states or municipalities, depending on the legal doctrine applied by the state – Cooley Doctrine or Dillon Rule, which objectively imposes a limit on its study and generalization. The purpose of the study is to acquaint a wide range of scientific community with the latest research in the field of the US election law in regard to the first in the domestic law full description of the organizers of elections and referendums at the state and municipal levels in the United States. The author reviews a wide range of regional and local legislation with references to the constitutional, legal and regulatory acts of the US States. The paper is part of a series that explores all fifty subjects of the American Federation and the District of Columbia. Procedure and methods of research: the author analyzes the constitutional and electoral legislation of the United States at the level of Montana at the beginning of 2019. The methodology of the study was the comparative law, formal-legal, formal-dogmatic, specific-sociological, empirical, dialectical, analytical methods, the systematic approach. Results: the information about the organizers of elections and referendums in Montana, which was not previously covered in the Russian scientific literature, is introduced into scientific circulation. The interpretations of certain provisions of the law and legal consciousness of the U.S election law and law enforcement practice are given. The gaps of the legislation requiring additional research are surfaced. The theoretical and practical significance lies in the generalization of both the established and the latest legal sources (constitutions, organic laws, federal laws, charters, by-laws and regulations) of the United States and the subject of the American Federation and the development of proposals for the enrichment of the Russian science and the formation of objective understanding of the processes taking place in the United States in the field of constitutional, electoral law and the state-building. Conclusions: for a systematic and comparative legal analysis the author proposed the review of the legislation on the organizers of elections and referendums of Montana, revealing the existing contradictions, from the point of view of the Russian researcher, which allows considering the full range of elements of the electoral legislation of Montana from a new angle, seeing new legal structures, previously unknown to the domestic statesmen and law enforcers.


HortScience ◽  
2006 ◽  
Vol 41 (4) ◽  
pp. 993A-993 ◽  
Author(s):  
Kim E. Hummer ◽  
Tom Davis ◽  
Hiroyuki Iketani ◽  
Hiroyuki Imanishi

Genetic resources of temperate berry crops were collected 7 to 27 July 2004 in Hokkaido, Japan, under a bilateral agreement between the United States and Japan. This expedition was a collaborative effort between the United States Department of Agriculture (USDA), the Japanese Ministry of Agriculture, Forestry and Fisheries (MAFF), the University of New Hampshire, and Akita Prefectural College of Agriculture, Japan. Additional assistance was provided by the Hokkaido Governmental Plant Genetic Resources Center, several Forest Research Stations of the Hokkaido University, and private botanists. The expedition obtained 100 accessions encompassing eight genera and 29 species. In all, 84 seedlots, and 23 plants were obtained. The genera collected included: Actinidia, Fragaria, Lonicera, Morus, Ribes, Rubus, Sambucus, and Vaccinium. Plant and seed accessions from this trip are preserved and distributed from the USDA ARS National Clonal Germplasm Repository in Corvallis, Ore., and from MAFF. The target genus for this expedition was Fragaria, so the trip was planned for July. Multiple samples of the two Japanese diploid strawberry species, Fragaria iinumae Makino and F. nipponica Makino (synonym = F. yezoensis H. Hara) were obtained during their prime ripening time. Ribes, Rubus, and Vaccinium fruits ripened later in the summer, but were collected when fruit were observed. Unfortunately, seeds of some of these accessions proved to be immature or nonviable upon extraction. We suggest that expeditions to collect these genera should be planned for late August. Morphological and molecular evaluation of collected germplasm is underway at the USDA ARS Corvallis Repository and at the University of New Hampshire.


2000 ◽  
Vol 9 (4) ◽  
pp. 504-512 ◽  
Author(s):  
RODGER L. JACKSON

Physician strikes in the United States have been relatively rare, although this has not been the case in other countries nor with other members of the healthcare community, such as nurses. This situation, however, could change. More physicians are either joining unions or seriously discussing doing so. The National Guild for Medical Providers, for example, is actively trying to expand its membership of 11,000 doctors in Michigan, Pennsylvania, and New Hampshire into Illinois, California, New Jersey, Colorado, Texas, and South Carolina. The Federation of Physicians and Dentists, with 2,500 members in Florida and Connecticut, is trying to establish itself in Seattle, Las Vegas, Tucson, and Philadelphia. Although unions are neither necessary nor sufficient conditions for strikes, if physician unions do become more prevalent, the potential for collective work actions, including strikes, increases.


2018 ◽  
Vol 32 (1) ◽  
pp. 78-87 ◽  
Author(s):  
Craig Hovey

By law, women seeking abortions in some US states must undergo compulsory ultrasound viewing. This article examines the moral significance of this practice, especially as understood by pro-life religious groups, in light of Foucault’s recently published lectures on ‘The Will to Know’ and the place of the aesthetic. How does the larger abortion-debate strategy of ‘showing’ and ‘seeing’ images—whether of living or dead fetuses—work as an aesthetic form of argument that intends to evoke a moral response in the absence of reason-giving? The article draws on recent, parallel debates regarding disgust before concluding with a theological response to the priority of will over knowledge and vision over action as commentary on the future of abortion debate and law, especially in the United States.


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