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The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.

Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.

The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.

Earthworks are the embankments and cuttings that allow a railway to maintain a certain line, level and grade through the landscape. Earth embankments consist of an engineered bank of earth that carries the railway above the natural ground. A cutting is used to carry the railway through ground with a natural level above the line of the railway. Modern (post 1960s) earthworks are carefully engineered to perform well. However, many railways run on earthworks that were constructed over 100 years ago without the use of mechanised plant. The quality of construction of older earthworks was often poor compared with present-day engineering practice. Ageing of the earthwork structures, and the greater demands of heavier and faster trains and climatic change, means that earthworks suffer ultimate and serviceability failures that can present operational difficulties. Older earthworks that fail or do not perform well require maintenance and repair, and sometimes complete replacement. This chapter explores the main engineering considerations for modern earthworks, and the challenges associated with older earthworks including their modes of failure and upgrade and repair.

The purpose of this chapter is to review our findings related to the question “Do outcomes related to dynamic assessment on a cognitive measure predict reading growth?” Our discussion related to the predictive validity of such procedures focused on outcomes related to a battery of memory and reading measures administered over a three-year period to 78 children (11.6 years) with and without reading disabilities (RD). Working memory (WM) tasks were presented under initial, gain, and maintenance testing conditions. The preliminary results suggested that maintenance testing conditions were significant moderators of comprehension and vocabulary growth, whereas probe scores and gain testing conditions were significant moderators of nonword fluency growth. Overall, the results suggested that the dynamic assessment of WM added significant variance in predicting later reading performance.

Four cast iron lions guard the charming Lions footbridge crossing St. Petersburg's Griboedov Canal. The first author strolled across the bridge on an August evening in 1998 with a Russian friend, Polina. The experience presents a parable for concluding this volume:As we crossed the bridge in the dark, we barely avoided stepping into a gaping hole in the deck half way across. A person could easily fall through. I reacted as a typical American, immediately taking responsibility for doing something about the problem, looking for some board to place over the hole or a barrier to warn pedestrians or someone to report the hazard to who would address it promptly. Polina indicated that no Russian would make such a fuss, and she could think of no one to report the hazard to who would respond. As we stood discussing this problem before two of the guardian lions, a group of drunken soldiers began to cross the bridge from the far side, arm in arm, singing loudly. Sure enough, one slipped through the hole and, but for his comrades holding his arms, he would have plunged into the canal. Surely they will report it, I said, but Polina was doubtful. She saw little chance for some protective action to fix the bridge or even to warn passers-by to beware. We went on our way mindful of the problem left behind. Perhaps a month after my return to the U.S., I received an email from Polina that she had gone to the bridge and, to her surprise, it was fixed. “Perhaps,” she wrote, “there is hope for Russia after all.”

This chapter argues that the psychological theories of Sigmund Freud provide a useful methodology for the study of government secrecy. The chapter makes two specific points. First, Freud viewed the human mind as a highly complex censoring device, which systematically censors certain types of information that embarrasses the patient, while it makes available without impediment more innocuous types of information that flatter the patient's image. It is argued that governmental bureaucracies work like this too, as they systematically censor information that is embarrassing to the state and state officials, while they make available information that flatters the state. Secondly, Freud's theories provide insight into how researchers can cut through systematic censorship and gain access to hidden information. Specifically, Freud shows that patients periodically slip and release censored information to the psychoanalyst. Similarly, state officials too will slip and will accidentally release information to historical researchers who study public policies.