Indiana University-Purdue University Indianapolis (IUPUI)

Thesis (LL.M. (Labour Law)) -- University of Limpopo, 2022 / The aim of this research is to determine the laws that regulate affirmative action in the workplace and the impact Covid-19 has on affirmative action. This research focuses on the history of affirmative action in South Africa and the United States of America. Both countries have a similar history of discrimination and racial segregation. The United States of America is one of the most progressive countries on the issue of affirmative action. The comparison of South Africa with the United States of America will enhance the applicability and effectiveness of affirmative action. Past discrimination is a huge contributing factor to the imbalances and inequalities experienced in the workplace. A measure in a form of affirmative action was established to redress past injustices, however, there are many controversies around the topic and its effectiveness. The Covid-19 pandemic has made matters worse in that many people have been laid off, resulting in the retrenchments and the regress of affirmative action and its purpose. The findings of this research conclude that Covid-19 has negatively affected the process of affirmative action. As such, employers during this trying time prefer only individuals who are fully qualified and experienced as the employees have been reduced. As long as affirmative action applies to individuals or a group of individuals with certain skin colour or sex regardless of their past privileges this racial tension might never be relieved. In order to effectively implement affirmative action, South Africa has to focus on the institutions that cause the problem rather than dealing with the final results

The purpose of this dissertation is to examine nursing homes‟ compliance with state minimum nurse staffing standards and its relation to quality-of-care deficiencies. Specifically, this study, reviewing staffing standards from 50 states and the District of Columbia for the year 2007, proposes a unique algorithm to calculate the states‟ expected nurse staffing levels for individual nursing homes in order to investigate their compliance with the state nurse staffing standards. By using hierarchical linear modeling method, this study attempts to capture the impact of the staffing standards on actual nurse staffing levels under resource dependence perspectives. Path analysis using structural equation modeling was conducted to investigate both direct and indirect effects of the staffing standards on nurse staffing levels and quality-of-care deficiencies. The major findings were as follows: (1) nursing homes in states with higher state staffing standards for the categories of RN, LN, and total nurse were found to have higher RN, LN, and total staffing levels, respectively; (2) higher nurse staffing levels resulting from higher state staffing standards were significantly associated with better quality of care (less quality-of-care deficiencies cited) in nursing homes; and (3) state staffing standards were found to have much stronger contribution to nurse staffing levels than any other organizational or contextual factors while nurse staffing levels, particularly licensed staff, were found to have stronger contribution to quality-of-care deficiencies than any other organizational factors. The study findings suggest that if the goal is to increase nurse staffing levels for better quality, increasing the stringency of both federal and state nurse staffing standards would be the iv most effective way. However, the staffing standards first need technical changes to reduce their ambiguity and ensure their fairness. If the goal is to achieve better quality, merely increasing nurse staffing levels may not be effective since the variation of the quality-of-care deficiencies explained by exogenous variables was smaller than random variation 5%. If state Medicaid reimbursements can be utilized for financial incentives for better performing nursing homes, nursing homes may improve their productivity by efficiently managing organizational personnel or increasing job satisfaction among nursing practitioners. Lastly, longitudinal analysis, considering variation in length of state staffing policy implementations, is encouraged to investigate the long-term effects of state staffing standards on nurse staffing levels and quality of care.

As the need for community care increases, complete and up-to-date information about organizational structure is crucial to making appropriate decisions about the expansion of adult day services. The absence of uniform national policies results in states and communities being relegated to balancing limited funds with the demand for adult day services, and in many areas, the lack of adult day care centers altogether. This study provides an overview of the types of state reimbursement, the availability of different funding sources, and the utilization of the sources in various states.

Indiana University-Purdue University Indianapolis (IUPUI)

In South Africa compliance with competition law has become a major concern for firms that achieve and maintain certain levels of success and growth in the market, as their actions are often a source of complaints and litigation by rivals and competition authorities. With substantial financial penalties often levied against them for a variety of conduct deemed to constitute an abuse of their market position, dominant firms must constantly be aware of the likely impact of their business strategies and actions on both rivals and consumers. What were once thought to be normal and economically sound business practices and decisions, such as cutting prices to attract customers, have now acquired new meanings, with devastating consequences for dominant firms. So, are dominant firms under attack from competition law? In this study I aim to determine this. I track the historical development of competition law in three jurisdictions: South Africa, America, and the EU, with the aim of identifying traces, if any, of hostility towards dominant firms in the origins of competition law. I further investigate whether the formulation and enforcement of certain aspects of existing abuse of dominance provisions manifest as hostility towards dominant firms. While acknowledging the important role that competition law enforcement plays in promoting competition and enhancing consumer welfare, I conclude that significant unjustified economic and legal prejudice is suffered by dominant firms as a result of the way in which certain abuse of dominance provisions have been formulated and applied. I also offer appropriate recommendations. / Mercantile Law / LL. D.

Historical documentation of the impact of PL 88-164 on the field of emotional and behavioral disorders (E/BD) and the development and implementation of teacher-training programs for children and youth identified as E/BD is limited. This study was designed to document the historical significance and professional contributions of Dr. Richard J. Whelan, Professor Emeritus, University of Kansas and his work in the development of teacher preparation training programs in the field of E/BD in institutions of higher education (IHE). The second purpose of this study was to document the legislative and program initiatives that have impacted the services, education, teaching, and research initiatives in the field of E/BD as interpreted by Dr. Whelan. The final purpose of this study was to examine the views of Dr. Whelan regarding the need for future developments in the field of E/BD. Legislative and policy efforts continue to change the climate in which children are educated. The field of special education relies on the efficacy of the training programs in IHE to provide appropriate teaching and research efforts in a manner that is consistent with the current needs of students with E/BD, their families, and the schools in which they seek to be educated. As this study revealed, understanding the history of the field, the foundational framework from which research and evidence-based practices have emerged, is paramount to forward movement in the field and necessary to the measurement of effective interventions and strategies in support of the students, their families, and those who choose this field as their lifework. It is the foundation from which educational theory is developed, researched, revised, and reflected.

Recently, empirical attention has been directed toward understanding public opinion about gun control laws. Despite this focus, three gaps are evident in extant scholarship. First, few current examinations have relied on recently collected, national data to explore predictors of public attitudes. Second, relatively little work systematically investigates whether type of weapon bans (e.g. handgun versus semi-automatic weapon) affects public support for a given gun control initiative. Third, and importantly, the general focus in prediction support for gun control measures has been on social and demographic factors. Little is known from a theoretical perspective about how other variables - such as knowledge of Constitutinal issues or perceptions of the U.S. Supreme Court - affect public attitudes toward gun control. Using national poll data collected in 2011 by Time magazine, this study addresses these research gaps by estimating several logistic regression analyses. Research and policy implications are discussed. / by Elizabeth Borkowski. / Thesis (M.S.)--Florida Atlantic University, 2012. / Includes bibliography. / Mode of access: World Wide Web. / System requirements: Adobe Reader.

the decades after World War II the United States became the most prosperous nation in the world. Yet, that prosperity and growth had a negative impact on the environmental quality of the nation. By the mid 1960s there was a rise in concern over environmental issues in the American public. Consequently, President Richard M. Nixon in his determination to give the American people what they sought decided to enact policies to bring the environmental crisis to an end. Among the environmental policies of the Nixon Administration was the Clean Air Act of 1970, a highly controversial piece of legislation that placed tough regulations on the automobile industry. Due to the significant role of the auto industry in the American economy, and Nixon's concerns over reelection, there were two major shifts in business/government relations during this era. The first one was characterized by determination to protect the environment with little attention to complaints from the industry. The second one was about protecting the profitability of the industry while giving little attention to environmental problems. / by Erwin Mauricio Escobar. / Thesis (M.A.)--Florida Atlantic University, 2013. / Includes bibliography. / Mode of access: World Wide Web. / System requirements: Adobe Reader.

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