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In a myasthenic syndrome associated with fatigable generalized weakness and recurrent attacks of respiratory and bulbar paralysis since birth, nerve stimulation at physiologic rates rapidly decremented the compound muscle action potential. Intercostal muscle studies revealed no abnormality of the resting membrane potential, evoked quantal release, synaptic potentials, acetylcholine receptor channel kinetics, or endplate ultrastructure, but endplate potentials depolarizing the resting potential to -40 mV failed to excite action potentials. Pursuing this clue, we sequenced SCN4A encoding the skeletal muscle sodium channel (Nav1.4) and detected two heteroallelic mutations involving conserved residues not present in 400 normal alleles: S246L in the S4/S5 cytoplasmic linker in domain I, and V1442E in the S3/S4 extracellular linker in domain IV. The genetically engineered V1442E-Na channel expressed in HEK cells shows marked enhancement of fast inactivation close to the resting potential, and enhanced use-dependent inactivation on high-frequency stimulation; S246L is likely a benign polymorphism. The V1442E mutation in SCN4A defines a novel disease mechanism and a novel phenotype with myasthenic features.

Since only women can become pregnant, all employees disadvantaged by the plan were a subset of a Title VII-protected status group. Not surprisingly, there are no other discrimination prohibitions that share a symmetrical and semi-universalistic nature.112 V. Notwithstanding the failure of any opinion in Young to provide an adequate interpretation of the PDA,113 there remains reason for hope that the conceptual problem presented by Young and Abercrombie, and addressed in this Essay, will be resolved by the Court in the future through the provision of a more expansive and appropriate scope for disparate treatment analysis.

The Court has made clear that the FAA, not any other federal statute, sets the procedural rules governing arbitration of employment contracts within its scope. Since the Court will not allow a federal agency, or any lower court, to mark a route to circumvent the Court's FAA jurisprudence, the plaintiffs' employment bar and civil rights advocates should join forces with many other interested parties, including consumer advocates and other class action lawyers, to seek a legislative modification of the FAA.

[...]strict liability seems to follow, at least for rights secured under statutes whose definition of employment is to derive from the common law,4 because the common law derived the definition of the employment relationship to set the boundaries of strict imputed respondeat superior employer liability.5 Though the definition of employment was used primarily in the common law to set the bounds of strict imputed employer liability to third parties for employee torts committed in the scope of employment, the same arguments for employer internalization of the costs of doing business can be used to support strict employer liability for the denials of employee rights during the course of business.6 Yet the common law definition of employment is too constricted to reach all businesses that sometimes cause the denial of statutory employee rights. [...]by taking its royalties as a share only of revenues rather than of net profits,8 a typical fast-food franchisor provides its franchisees with an incentive to not fully align personnel policies with the interests of their franchisor.9 Nonetheless, despite their lack of control over franchisee personnel policy, franchisors that control franchisees' right to continue and expand their branded operations typically will have enough influence over their franchisees to cause particular violations of federal or state wage and hour laws or the National Labor Relations Act (NLRA).10 Addressing this under-inclusion by expanding joint employment from its common law dimensions to impose strict liability without fault on any business with sufficient economic power to control the personnel delinquencies of other businesses, however, may seem unfair and disruptive of efficient business relationships. The fault-based principles explain how and when employers can and should be liable for some denials of statutory rights to workers over whom they may not exercise the kind of authority that would justify the imposition of joint employer status and its associated strict liability.18 The essay also contends that the case for expanding the scope of liability through the application of fault-based principles has more appeal than does expanding the scope of liability by enlarging the concept of joint employment from its roots in the law of respondeat superior.19 The essay first considers how fault-based principles can impose liability on non-joint employers for the discrimination and retaliation prohibited by Title VII of the 1964 Civil Rights Act,20 and other antidiscrimination statutes like the Age Discrimination in Employment Act (ADEA)21 and the Americans with Disabilities Act (ADA).22 The common law provides an alternative model to that of joint employment for the imposition of this liability. Furthermore, common law courts have not required employers to exercise reasonable care when affecting employees of other employers.31 The essay finally addresses the administrative law regime of the NLRA.32 The NLRA renders illegal an employer's interference with or restraint or coercion of employees' concerted activity for their mutual aid,33 as well as an employer's discrimination to encourage or discourage union membership or activity.34 The National Labor Relations Board (NLRB or Board)-the agency delegated exclusive power to enforce the NLRA-has interpreted these prohibitions to apply against employers for actions that directly and intentionally affect the employees of other employers.35 The NLRA also requires employers to bargain with unions that demonstrate support from a majority of employees in a unit appropriate for bargaining,36 and it allows that fault-based liability rules do not help define the employers that may be subject to such bargaining obligations.37 However, the essay concludes that expanding the meaning of joint employment also is not the best way to define the economic relationship most appropriate for collective bargaining.38 The alternative fault-based approach to extending liability for the deprivation of statutory rights can reach more culpable businesses, whether or not joint employers, without the disruption of efficient business relationships.

After embarking on his illustrious career as a legal academic, Theodore St. Antoine, through a multitude of roles, including those of scholar, teacher, administrator, pragmatic law reformer, and arbitrator, made innumerable contributions to the practice and development of many parts of American law. For most of us, however, as a scholar he will be associated primarily with the system of collective bargaining established and encouraged by the National Labor Relations Act (NLRA) and its progeny. The basic goals and compromises of the NLRA, the statute of Theodore St. Antoine and other leading employment lawyers of his generation, remain as relevant today as when the statute was passed. To achieve those goals and more fully effect those compromises the statute clearly must be modified. But a complete picture of the contemporary workplace suggests that the dilution of section 8(a)(2) cannot be part of that modification.

The Older Workers Benefit Protection Act (OWBPA) significantly compromises achievement of the antidiscrimination goals of the Age Discrimination in Employment Act (ADEA). Both sections of the OWBPA reflect a general acceptance of conditional age-based exit incentives; incentives offered by employers that provide a limited group of their employees, defined in part overtly or covertly by age, the opportunity to obtain some kind of valuable benefit if they resign their employment without forcing the employer to consider them for discharge. These exit incentives, which have proliferated during the last 2 decades, can be an effective means of thwarting achievement of the ADEA's goals. There are strong reasons, including the independent appeal of consistent antidiscrimination law, why the law's present anomalous treatment of conditional age-based exit incentives makes a compelling case for legal reform.

In NAACP versus Claiborne Hardware Co. (1982), the Supreme Court asserted a new consumer right to engage in boycotts even if they are economically disruptive. Prior to Claiborne Hardware, the Court had indicated that legislatures could make peaceful consumer boycotts illegal. However, presented with compelling facts, the Court denied states the right to prohibit certain boycotts, thereby upholding the right of consumers to agree not to patronize a business. The Claiborne Hardware decision does not rest squarely on any First Amendment or other precedent. A consumer right to boycott, though, is appropriate for American society, as it accords with American social and constitutional values. This right should be cast as a broad political right to influence social decision making. Moreover, regulation by the National Labor Relations Act of 2 types of union-organized consumer boycotts infringes on the right of consumers to participate in concerted refusals to purchase.

Since the inception of the USAF leadership, unit level leadership has been function of officers, particularly senior commissioned officers in the rank of lieutenant colonel (Lt Col.) and colonel (Col.). The NCO corps was considered the working unit responsible for carrying out the orders of their commissioned officers. Today’s USAF is transitioning increasingly towards leadership decisions made by senior noncommissioned officers in the rank of senior master sergeants (SMSgt) and chief master sergeants (CMSgt). A sample of N=56 top commissioned and noncommissioned active duty officers responded to mailed surveys at a European fighter wing command. This study compared the perceived leadership behavior factors of individuals in key leadership positions using the Multifactor Leadership Questionnaire (MLQ) 5X--Short. Multiple Analysis of Variance (MANOVA) found no significant difference in the leadership behaviors between commissioned and noncommissioned officers. The data did reveal a high degree of transformational leadership and transactional leadership styles with both groups. Age, time in service, or educational level was not significant factors in having a transformational leadership perspective. This may be as a consequence of the uniformity of USAF leadership training between the grades or an indicator that noncommissioned officers could provide leadership in capacities that traditionally the US Air Force has not previously employed them.