Philip G. Skinner, Abe J. Schear and Seth S. Katz
From time to time, clients ask counsel and brokers about the pros and cons of using an assignment versus a sublease to effect a transfer of possession and a transfer of…
Abstract
From time to time, clients ask counsel and brokers about the pros and cons of using an assignment versus a sublease to effect a transfer of possession and a transfer of obligations with respect to leased premises. With about equal frequency, questions come up regarding the differences between assignments and subleases, and ‘whether those differences really make a difference’ after all is said and done. While assignments and subleases are both means to achieve substantially similar ends, they do yield different legal and business results. The purpose of this paper is to explain and discuss some of the similarities and some of the distinctions between assignments and subleases, both from a legal perspective and from business and practical perspectives, and to discuss some of the reasons that the different parties involved in such transactions may prefer, or wish to select one of these transaction forms over the other.
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Philip G. Skinner, J. Schear and Seth S. Katz
The tragic events of 11 September 2001 have caused people in all walks of life around the world to pause and reflect about what is important to them. With the World Trade Center…
Abstract
The tragic events of 11 September 2001 have caused people in all walks of life around the world to pause and reflect about what is important to them. With the World Trade Center, one of the icons of global capitalism and New York’s skyline, reduced to a heap of burned and twisted rubble at ‘Ground Zero’ in lower Manhattan, the world of commercial real estate is undergoing a time of reflection in the wake of these unbelievable events. While the catalyst for this time of reflective analysis was at the same time both horrific and compelling, the careful consideration of relevant lease issues and of the need for disaster recovery planning that has resulted will help everyone to be better prepared for unexpected events of any kind in the future. The purpose of this paper is to identify three standard lease provisions that have always been important, but now bear even closer scrutiny in the aftermath of the catastrophic losses of 11 September. These provisions are: Casualty; Interruption or Unavailability of Services; and Insurance. Most form leases contain provisions that address these subjects and raise various issues that are ripe for re‐examination. This paper discusses how such issues might be analysed (or re‐analysed) in the aftermath of this senseless tragedy. Please note that the legal conclusions, practices and norms outlined in this paper are generalised from a United States perspective and, as such, the norms and potential solutions may vary in other countries and on a case‐by‐case basis within a country. Further, the starting point and, often, the ending point in the analysis of any leasing issue is the specific language of the lease, which itself is subject to any applicable laws of the relevant legal jurisdiction. It is important to consider the issues and analysis discussed in this paper in light of the specific market norms and laws of the jurisdiction which are applicable.
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Christopher R. Freed, Shantisha T. Hansberry and Martha I. Arrieta
To examine a local primary health care infrastructure and the reality of primary health care from the perspective of residents of a small, urban community in the southern United…
Abstract
Purpose
To examine a local primary health care infrastructure and the reality of primary health care from the perspective of residents of a small, urban community in the southern United States.
Methodology/approach
Data were derived from 13 semistructured focus groups, plus three semistructured interviews, and were analyzed inductively consistent with a grounded theory approach.
Findings
Structural barriers to the local primary health care infrastructure include transportation, clinic and appointment wait time, and co-payments and health insurance. Hidden barriers consist of knowledge about local health care services, nonphysician gatekeepers, and fear of medical care. Community residents have used home remedies and the emergency department at the local academic medical center to manage these structural and hidden barriers.
Research limitations/implications
Findings might not generalize to primary health care infrastructures in other communities, respondent perspectives can be biased, and the data are subject to various interpretations and conceptual and thematic frameworks. Nevertheless, the structural and hidden barriers to the local primary health care infrastructure have considerably diminished the autonomy community residents have been able to exercise over their decisions about primary health care, ultimately suggesting that efforts concerned with increasing the access of medically underserved groups to primary health care in local communities should recognize the centrality and significance of power.
Originality/value
This study addresses a gap in the sociological literature regarding the impact of specific barriers to primary health care among medically underserved groups.
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The purpose of this research is to understand whether an organization knows if it is ready to respond to a disaster and whether it has the capabilities to deliver relief. Our…
Abstract
Purpose
The purpose of this research is to understand whether an organization knows if it is ready to respond to a disaster and whether it has the capabilities to deliver relief. Our initial motivation was to identify unique resources possessed by the United States Navy (USN) and United States Marine Corps (USMC) due to their unique and critical capabilities for humanitarian operations. The recent frequency of disasters around the world suggests these events will continue to create demand for relief capabilities. For this reason we need to understand readiness metrics not just for USN and USMC but for humanitarian organizations (Hos) in general.
Design/methodology/approach
We survey relevant literature for understanding how HOs define and develop readiness metrics and associated factors. We studied documents including peer-reviewed scholarly articles, government documents, white papers, research papers and Department of Defense (DoD) briefings. We study literature that is significantly written for DoD, one, the vast experience of USN and USMC and two, the lessons learned have been documented. The literature offers substantial information on what readiness means and why it is important. This documented information is critical because it is known to the researchers in humanitarian operations that data is hard to come by.
Findings
The framework for readiness proposed at the end of this article is context the emergency responder probably uses in an informal fashion. The validation of readiness framework, we find exists in the supporting literature we review.
Originality/value
The understanding of readiness metrics for humanitarian operations for the organizations we study may offer insight into other HOs. The insights we gain may not be pivotal or counterintuitive to the conclusions based on commonsense. However, they are supported by the literature review. We formalize the concept based on conclusions of a set of diverse set of researchers and practitioners such as academic scholars, DoD personnel and government officials involved in humanitarian missions, USAID representatives that are repeatedly tasked for being ready, military and government officers from host and foreign countries and many more.
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Andrea Knittel, Angeline Ti, Sarah Schear and Megan Comfort
The purpose of this paper is to describe standards for evidence-based reproductive healthcare for incarcerated women.
Abstract
Purpose
The purpose of this paper is to describe standards for evidence-based reproductive healthcare for incarcerated women.
Design/methodology/approach
The literature on reproductive healthcare in the US criminal justice system and recommendations from professional organizations were reviewed and critical areas of concern were identified. Within these areas, studies and expert opinion were synthesized and policy recommendations were formulated through an iterative process of group discussion and document revision. This brief specifically addresses women’s incarceration in the USA, but the recommendations are grounded in a human rights framework with global relevance.
Findings
Women who are incarcerated have health needs that are distinct from those of men, and there is a clear need for gender-responsive reproductive healthcare within the criminal justice system. This brief identifies five core domains of reproductive healthcare: routine screening, menstruation-related concerns, prenatal and postpartum care, contraception and abortion, and sexually transmitted infections. The recommendations emphasize the continuity between the criminal justice system and the community, as well as the dignity and self-determination of incarcerated women.
Originality/value
This brief provides a unique synthesis of the available evidence with concrete recommendations for improving the reproductive healthcare for incarcerated women.
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The Acquired Immune Deficiency Syndrome (AIDS) has had a catastrophic impact on humanity. Presents the African experience to illustrate what can happen if the threat is not…
Abstract
The Acquired Immune Deficiency Syndrome (AIDS) has had a catastrophic impact on humanity. Presents the African experience to illustrate what can happen if the threat is not prevented. Presents AIDS statistics to show the current status of the threat, and discusses prospects for a cure. Explains a system for classifying consumers and presents possibilities for how businesses and organizations may respond. Delineates industries facing a direct impact, as well as those indirectly affected by the AIDS crisis and discusses the nature of these relationships. Offers possibilities for future research directions and conclusions for managers.
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Wally R. Smith, J. James Cotter, Donna K. McClish, Viktor E. Bovbjerg and Louis F. Rossiter
We determined access and satisfaction of 2,598 recipients of Virginia’s Medicaid program, comparing its health maintenance organizations (HMOs) to its primary care case management…
Abstract
We determined access and satisfaction of 2,598 recipients of Virginia’s Medicaid program, comparing its health maintenance organizations (HMOs) to its primary care case management (PCCM) program. Positive responses were summed as sub‐domains either of access, satisfaction, or of utilization, and adjusted odds ratios were calculated for HMO (vs. PCCM) sub‐domain scores. The response rate was 47 per cent. We found few significant differences in perceived access, satisfaction, and utilization. Both HMO adults and children more often perceived good geographic access (adults, OR, [CI] = 1.50, [1.04‐2.16]; children, OR, [CI] = 1.773 [1.158, 2.716]). But HMO patients less often reported good after‐hours access (adults, OR, [CI] = 0.527 [0.335, 0.830]; children, OR, [CI] = 0.583 [0.380, 0.894]). Among all patients reporting poorer function, HMO patients more often reported good general and preventive care (OR, [CI] = 2.735 [1.138, 6.575]). We found some differences between Medicaid HMO versus PCCM recipients’ reported access, satisfaction, and utilization, but were unable to validate concerns about access and quality under more restrictive forms of Medicaid managed care.
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Stephen Mixter and Michael Owendoff
The 11th September terrorist attacks on America continue to affect the corporate real estate industry, and this paper is intended to address a number of those ongoing effects. It…
Abstract
The 11th September terrorist attacks on America continue to affect the corporate real estate industry, and this paper is intended to address a number of those ongoing effects. It first discusses property insurance coverage in general and then proceeds to analyse whether damage from acts of terrorism is covered under pre‐11th September and post‐11th September property insurance polices. It also addresses the current status of proposed US Government intervention as a terrorism insurance backstop. It then describes the strategies which certain clients located within the areas directly affected by the terrorist attacks implemented in order to be able to gain immediate access to alternative space. Finally it examines selected lease clauses to which landlords and tenants should pay closer attention in light of the terrorist attacks, including operating expense provisions, force majeure provisions, waiver of subrogation provisions, use prohibitions and alteration provisions.
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Catarina Tomé Pires, Genta Kulari, Luísa Ribeiro and Tito Laneiro
This paper aims to explore how nurses stay engaged in their work with the impact of structural empowerment and civility. It delves deeper into how kind, empathetic and respectful…
Abstract
Purpose
This paper aims to explore how nurses stay engaged in their work with the impact of structural empowerment and civility. It delves deeper into how kind, empathetic and respectful behaviours (civility) among colleagues influence the link between structural empowerment and nurses’ engagement.
Design/methodology/approach
Data was collected from 580 nurses working in a Public Hospital in the metropolitan area of Lisbon. Self-report questionnaires measuring civility, structural empowerment and engagement were administered. Hayes’ PROCESS macro for mediation analysis in SPSS was used to test the hypothesised model.
Findings
Results demonstrated that civility and structural empowerment were positively associated (r = 0.491, p < 0.01) also showing a positive influence on nurses’ engagement (r = 0.492, p < 0.01; r = 0.485, p < 0.01, respectively). Civility was found to partially mediate the association between structural empowerment and engagement (ß = 0.315, 95% CI [0.222, 0.417], 5,000 bootstrap resamples).
Practical implications
Findings from this study may be used for health-care employees and organisations, implying that when nurses perceive themselves as structurally empowered at work within a respectful environment, they experience an enhanced sense of community and involvement in their organization.
Originality/value
To the best of the authors’ knowledge, this is the first attempt in exploring the relationship of combined workplace civility, structural empowerment and engagement in a sample of Portuguese nurses. Future research could substantially increase our understanding of how civility contributes to a positive workplace.
Propósito
Este artículo explora cómo las enfermeras se mantienen comprometidas (work engagement) en su trabajo con el impacto del empoderamiento estructural y la civilidad. Profundiza en cómo los comportamientos amables, empáticos y respetuosos (civilidad) entre colegas influyen en el vínculo entre el empoderamiento estructural y el work engagement de las enfermeras/os.
Diseño/metodología/enfoque
Se recogieron datos de 580 enfermeras que trabajaban en un hospital público del área metropolitana de Lisboa. Se administraron cuestionarios de autoinforme que medían la civilidad, el empoderamiento estructural y el work engagement. Se utilizó la macro PROCESS de Hayes para el análisis de mediación en SPSS con el fin de probar el modelo hipotetizado.
Resultados
Los resultados demostraron que la civilidad y el empoderamiento estructural estaban positivamente asociados (r = 0.491, p < 0.01) mostrando también una influencia positiva en el work engagement de las enfermeras (r = 0.492, p < 0.01; r = 0.485, p < 0.01, respectivamente). Se observó que la civilidad mediaba parcialmente la asociación entre el empoderamiento estructural y el work engagement (β = 0.315, 95% CI [0.222, 0.417], 5,000 resamples bootstrap).
Implicaciones prácticas
Los resultados de este estudio pueden ser utilizados por los empleados y las organizaciones sanitarias, ya que implican que cuando las enfermeras se perciben a sí mismas como estructuralmente empoderadas en el trabajo dentro de un entorno respetuoso, experimentan un mayor sentido de comunidad e implicación en su organización.
Originalidad/valor
Hasta donde sabemos, este es el primer intento de explorar la relación entre la civilidad en el lugar de trabajo, el empoderamiento estructural y el work engagement en una muestra de enfermeras portuguesas. Futuras investigaciones podrían aumentar sustancialmente nuestra comprensión de cómo el civismo contribuye a un lugar de trabajo positivo.
Propósito
Este documento explora a forma como os enfermeiras/os se mantêm empenhados e envolvidos (work engagement) no seu trabalho, tendo em conta o impacto do empoderamento estrutural e da civilidade. Aprofunda a forma como os comportamentos de gentileza, empatia e respeito (civilidade) entre colegas influenciam a relação entre o empoderamento estrutural e o work engagement dos enfermeiros.
Desenho/metodologia/abordagem
Foram recolhidos dados de 580 enfermeiros de um Hospital Público da área metropolitana de Lisboa. Foram aplicados questionários de auto-relato para avaliar a civilidade, o empoderamento estrutural e o work engagement. A macro PROCESS de Hayes para análise de mediação no SPSS foi utilizada para testar o modelo hipotético.
Resultados
Os resultados demonstraram que a civilidade e o empoderamento estrutural estavam positivamente associados (r = 0.491, p < 0.01), mostrando também uma influência positiva no work engagement dos enfermeiros (r = 0.492, p < 0.01; r = 0.485, p < 0.01, respetivamente). Verificou-se que a civilidade medeia, parcialmente, a associação entre a empoderamento estrutural e o work engagement (β = 0.315, 95% CI [0.222, 0.417], 5,000 resamples bootstrap).
Implicações práticas
Os resultados deste estudo podem ser uteis para os trabalhadores e organizações de cuidados de saúde, implicando que, quando os enfermeiros se consideram estruturalmente capacitados no trabalho num ambiente de respeito, experimentam um maior sentido de comunidade e envolvimento na sua organização.
Originalidade/valor
Até à data, esta é a primeira tentativa de explorar a relação entre civilidade no local de trabalho, empoderamento estrutural e work engagement numa amostra de enfermeiros portugueses. Futuras investigações poderão aumentar substancialmente a nossa compreensão de como a civilidade contribui para um ambiente laboral positivo.