Abstract: It has been shown in the accompanying paper that the Sub-Andean foreland can be subdivided longitudinally into a number of tectonostratigraphic domains. To test the hypothesis that changes in palaeo-depositional setting rely on the presence of a series of transverse zones of structural accommodation, data have been digitally compiled from across the South American continent. Spatial and temporal geological relationships have been analysed and evaluated as a means of identifying the position of tectonostratigraphic domain boundaries (structural accommodation zones), and patterns of subsidence and intraplate deformation. The results suggest that individually these structural accommodation zones represent a composite of deep crustal fractures which, on a regional scale, interlink to form a transcontinental belt or zone that can accommodate intraplate deformation during episodes of plate reorganization. Their strong spatial relationship with Mesozoic, intraplate, alkaline igneous activity suggests that they exerted an important control on lithospheric melt siting during Gondwana breakup. These localized zones of high heat flow have important implications for source rock maturity in the interior, Phanerozoic intracratonic basins of South America. On the South Atlantic margin, the majority of these crustal lineaments correlate with failed arms of triple-junction rifts and define the boundaries to tectonostratigraphic domains recognized along the South Atlantic Rift System.

Situated on the Montebello Country Club Golf Course, the three-story Hilton Garden Inn[R] Montebello offers 121 guestrooms. Features include a signature glass-walled pavilion housing the reception desk; a Pavilion Pantry with a selection of refrigerated, frozen and microwaveable packaged items and sundries; a breakfast cafe; room service during dinner hours; a comfortable lounge area with a television and fireplace; an outside patio overlooking the golf course; a boardroom with 240 square feet of meeting space; a 24-hour, complimentary business center; and an on-site guest laundry facility.

Guestroom accommodations and features include a hospitality center with a microwave oven, coffee maker and mini-refrigerator; a sitting area with an easy chair and ottoman; a hairdryer; and an iron and ironing board. In-room entertainment and information services include video-on-demand movies, video games and interactive Hilton guest services.

Business-oriented features of the guest rooms include complimentary high-speed Internet access; a spacious work desk with a pull-out shelf for a laptop computer; adjustable lighting; an ergonomic chair; electrical outlets at desk height; and two telephones equipped with two lines, data ports and voice mail

Recreational facilities consist of a fitness room and an outdoor heated swimming pool and whirlpool. The hotel offers many specialty packages including:

* Small-meeting packages offering an ideal executive boardroom setting

* Romance packages featuring a King Spa room and breakfast for two people

* Golf packages that include discounted greens fees for hotel guests

Members of the Hilton HHonors guest reward program can also Double Dip[R]--earn hotel points and airline miles for every qualifying stay at the Hilton Garden Inn Montebello.

"The hotel's residential feel has great appeal for corporate travelers conducting business in the Los Angeles area as well as for leisure travelers visiting friends and relatives," said Amy Alberts, hotel general manager.

"Hilton Garden Inn Montebello is within driving distance to many local attractions, including the Staples Center, Getty Center, Los Angeles Convention Center and Universal Studios."

Hilton Garden Inn, the upscale mid-priced brand targeted to today's growing segment of mid-market travelers, was the recipient of the distinguished "Highest Guest Satisfaction Among Mid-Price Hotel Chains with Full Service" award in the J.D. Power and Associates 2002 and 2003 North America Hotel Guest Satisfaction Study[SM] and last year was named "Best Mid-Priced Hotel" by Entrepreneur magazine in its 10th Annual Business Travel Awards. The 2003 recognition was recently presented to the Hilton Garden Inn brand for the second consecutive year.

With aging and the occurrence of later-in-life disabilities, numerous employment and other important life domain issues emerge that can require significant life adjustments. Psychosocial adaptation to disability involves complex interactions between personal, social, and environmental factors for each person (Keany & Glueckauf, 1999). Livneh (2001) recommends viewing adaptation ecologically, and that practitioners use an eclectic approach to teach adaptive coping skills, help client work through perceptions of loss, and assist in modification or removal of environmental barriers. Adjustment to disability for persons with late-onset occurrence can be challenging because of their pre-disability lifestyle and level of functioning. Because of their age and life experiences, such persons have acquired certain stability and predictability factors related to their personal, family, and work life. The occurrence of a disability can potentially disrupt many of the previously manageable aspects of their life such as employment, relationships, and economic independence and lead to feelings of frustration and despair. Their values tend to be more stable and entrenched and can present challenges to adapting to new changes. Successful adjustment requires a level of value examination, a reshaping of values and goals, and implementation of coping strategies (Keany & Glueckauf, 1999). Persons with late-onset disabilities face the dual challenge of adjusting to both their disability and aspects of growing older with the accompanying physical and role changes.

There are certain implications for persons with late-onset disability entering rehabilitation settings. For older persons, independence, effort, accepting pain, and maximizing functional ability are valued often at the expense of comfort and nurturance (Hartke, 1991).

In rehabilitation, goals are often defined by values that constitute quality of life, such as suitable income, independent living arrangement, driving privileges, and job satisfaction. Being able to develop or maintain a positive or high quality of life after a disability is one of the key outcomes in rehabilitation (Kemp, 2000).

Employment

From an employment standpoint, older persons with late-onset disabilities have followed a more traditional career development evolution as described by Super and other theorists (Szymanski, Hershenson, Enright & Ettinger, 1996). In general, their work lives have had elements of choice and some degree of opportunity to move among various employment situations. Many have had stable careers in semi-skilled, skilled, and professional occupations and are actively planning for retirement. In fact, 33% of the workforce over the age of 55 is employed in managerial and professional occupations (U.S. Bureau of the Census, 2000). With the occurrence of a disability after the age of 55, questions regarding ability or lack of ability to remain in employment become important considerations. Financial matters also become significant as adjustment to a reduced level of income is frequently required. The individual may need to explore benefits, such as short and long term disability and Social Security Disability Insurance (SSDI). Future vocational planning with realistic job goals can become a major task for those who desire to continue working. Even consideration of a career change may be a challenge for persons who have remained in one career throughout their employment history, not to mention issues around physical stamina, sensory acuity, and cognitive functioning brought on by the disability or simply the function of age. Some older adults have decided not to pursue competitive employment due to their age and disability and are using vocational programs inappropriately to remain active. Many older persons are not pursuing competitive employment goals, but rather are using vocational programs as a social outlet (Drebing, Losardo,Van Ormer, Krebs, Penk, Nasser, et al, 2002). Alternative programming should be sought for such persons

WHEN 30 Dell temporary employees walked off the job in February, saying they weren't allowed to conduct sunset prayers, it brought attention to Muslim prayer accommodation in the workplace.

Globally, there are an estimated 2 billion Muslims, with 7 million living in the United States. "Islam is one of the fastest-growing religions in the world," says Rabiah Ahmed of the Council on American-Islamic Relations, a Washington, DC, advocacy group for the American Muslim community.

According to CAIR's annual civil rights report, religious accommodation is consistently one of the top three concerns for Muslim Americans. Muslims, Ahmed says, are "dealing with issues other minorities and religious groups have dealt with in trying to accommodate a religion as well as other responsibilities." A Muslim's responsibilities include praying five times a day, ideally in a certain time frame.

And unlike in other faiths, Muslims need to step away from work to pray, Ahmed says.

Employers must accommodate workers who ask for that time unless accommodation creates an undue hardship on the business, says Lori Carr, an employment partner with law firm Gardere Wynne Sewell in Dallas. An undue hardship can be financial or nonfinancial, such as the impact on morale or scheduling. "It's really [determined] on a case-by-case basis," Carr says. Ahmed believes entrepreneurs must be aware and flexible. "[Muslims' responsibilities] can be accommodated if both parties are willing to work at it," she says. CAIR offers a booklet that helps companies implement Islamic religious practice policies that work for both sides.

Employers could soon find it harder to claim undue hardship, no matter what the religion: In March, the Workplace Religious Freedom Act-which would update Title VII rules to require employers to accommodate employees' religious needs unless they would create "significant difficulty or expense"--re-emerged in Congress for the seventh consecutive session, co-sponsored by Sens. Rick Santorum (R-PA) and John Kerry (DMA). With bipartisan support, it might not take a wing and a prayer to pass this time.

Accommodating a longtime employee's medical impairments does not establish that an employer regarded the employee as disabled under the Americans with Disabilities Act (ADA), according to the 7th U.S. Circuit Court of Appeals.

In June 2003, Connie Cigan, a 30-year employee of the Chippewa Falls School District, retired from her position as physical education instructor. According to Cigan, the school district forced her to retire because of her medical impairments, which included arthritis, bursitis and degenerating spinal discs.

Before her retirement, the school permitted Cigan to take time off work and to ask other teachers to cover some of her duties or to adjust their own teaching periods to provide her with additional rest time.

In January 2003, the school superintendent informed Cigan that he would not recommend renewing her contract for the 2003-2004 school year. Cigan decided to retire at the end of the school year.

Cigan then filed a lawsuit, alleging violation of the ADA based upon her "forced" retirement, which she characterized as a constructive discharge. The lower court dismissed her claims, and the 7th Circuit agreed, holding that constructive discharge must include "unendurable working conditions." Cigan's argument that working conditions are irrelevant when the prospect of discharge lurks in the background was unfounded in law. The prospect of being fired at the conclusion of an extended process is not itself a constructive discharge, the court said.

The appeals court also held that Cigan was not "disabled" under the ADA because she did not show she was substantially limited in any major life activity. Instead, Cigan asserted that the school district had "regarded" her as disabled, based primarily on the district's efforts to accommodate her impairments.

The ADA requires employers to provide certain accommodations to qualified individuals with disabilities, and to engage in an interactive process to determine the applicability and reasonableness of the accommodations. For most purposes, a person "regarded as" disabled by an employer has the same rights as a person who actually is disabled. An individual is regarded as disabled when the employer believes that an impairment substantially limits one or more of the employee's major life activities.

The 7th Circuit, however, was unwilling to accept the premise that an employer offers accommodations only if it thinks an employee suffers from a substantial limitation in a major life activity. Instead, the court specifically found that "decent managers" try to help employees cope with declining health without knowing or caring whether an employee fits the description in the federal statute. Similarly, managers can respond to state and local laws, regulations, and collective bargaining agreements without implicitly concluding that an employee is disabled.

DESPITE the rising costs of settlement agreements, taking a case to trial still exceeds the price of cutting a check.

Although every case differs, attorneys say that opting to settle will shave al least one-third, and frequently more, off the expense of a lawsuit. Attorneys" fees, insurance coverage and the risks of a jury' verdict often supersede the desire to prove who's right.

"If the difference is in the hundreds of thousands of dollars, almost any sophisticated business litigator will say, "If the parties work hard, we should be able to settle this case,'" said Jeffrey Riffer, a partner of Jeffer Mangels Butler & Marmaro LLP. "In the long run, it's economics."

The highest cost in trying a case is attorneys' tees. At $300 to $400 per hour, paying a lawyer can account for hundreds of thousands of dollars of an overall trial cost.

"The attorneys' costs are so huge today it's almost insane," said Joel Grossman, former deputy general counsel of Sony Pictures Entertainment Inc. and now at ADR Services Inc., a private arbitration and mediation firm. "There's no way to intelligently litigate a case where there's less than a couple of hundred thousand dollars involved. It doesn't make any sense.

In divorce cases, emotional issues often cloud decisions about settling. But once the dust has settled, taking the case to trial often proves too costly even for the wealthiest of clients.

Manley Freid, a partner at Freid & Goldsman who has represented both the wage-earner and the spouse seeking support in divorces. said he often convinces the paying spouse to settle because it makes more financial sense.

"I'll say to the husband, it'll take you $10,000 to $30,000 (to settle)," he said. "She gets one bite of the apple. You replenish your war chest of savings, and in six to 12 months. you won't feel it remember it. You want to get this over with, get rid of the emotions, pay the extra bucks and move on."

The fees increase as attorneys get beyond a case's initial filings and begin preparing more time-intensive motions, such as discovery requests or a summary judgment that may cost $20,000 each based on an attorney's hourly rate, said Connie Michaels, an employment partner at Littler Mendelson PC. Once a client has invested $1,500 into a motion, he is more likely to take the case forward, she said.

Lawyers often cost defendants more than they do plaintiffs, whose counsel occasionally takes cases on a contingency basis. Also, defendants who lose their case run the risk of paying the plaintiffs' fees, as well. Then there are experts, depositions and videotapes that may run hundreds of thousands of dollars in additional expenses.

Plaintiff attorney Browne Greene, a partner at Greene Broillet Panish & Wheeler LLP, said one of the first questions he asks a defendant after filing suit is how much of the deductible has been paid and how much coverage is available.

"Insurance coverage makes a huge, huge impact," be said. "If you have a case worth $5 million and they have only $2 million in insurance and pay the $2 million, what can you do? You can sue individually and get a judgment, but more likely than not they can always go bankrupt."

Insurance affects the decision-making for corporate defendants, too, said Paul Braun, managing director of Aon Risk Services in Los Angeles. Typically, companies pay their attorneys up to their deductible, which is called a "retention amount" on commercial insurance claims arising from litigation. The amount varies from thousands of dollars to more than $1 million, with most corporate defendants opting for policies with lower premiums and higher deductibles.

In many cases, probability and statistics help guide a defendant. For instance, if juries in similar cases have found a defendant liable 80 percent of the time--and 50 percent of the time the damage award comes near $3.5 million--a settlement offer of $6 million may not seem worthwhile. But factor in the additional risk of punitive damages, which in similar cases have a 50-50 chance of dumping another $5 million against a defendant, and the offer appears better.

"What you're basically doing is trying to assess the probability of a series of things and that turns into a number," said Robert Dawson, a complex litigation partner at Fulbright & Jaworski LLP. "It's a little bit like a doctor in a clinical judgment: A lot of it is, 'How good is your lawyer in assessing cases?'

Adult smoking prevalence has been falling in the United States, down from 42.4 percent in 1965 to 24.1 percent in 1998, a 43 percent reduction. The percentage of adults who never smoked increased from 44 percent in the mid-1960s to 55 percent in 1997.1 It is not surprising then that owners of restaurants have responded to changing customer preferences by changing how they allocate their air space between smoking and non-smoking use. Restaurants without non-smoking seating sections have become exceptions. These provisions are not isolated to locations where state or local laws restrict or ban smoking and indicate an active private market in accommodation.

It has been shown that areas with lower adult smoking rates have more smoking laws and bans. It is important to note, however, that such laws have been introduced without much benefit of research on how the private market has dealt with the issue of accommodation of both smokers and non-smokers. Proponents of smoking restrictions often argue that smoking exerts a negative externality on non-smokers and that governments should control smoking through laws and bans. [Campaign for Tobacco Free Kids, 2002] Even if such externalities exist, it would appear to be useful first to ask whether, in the absence of laws, private markets work toward internalizing the externalities. An active market in accommodation might indicate that laws and bans are simply overturning, partially or totally, actions of owners that had successfully dealt with smoking-related externalities.

This paper examines the diversity of private market accommodations in roughly 1,000 restaurants and bars in Wisconsin. We develop a model that predicts which factors determine the share of seating devoted to non-smoking use within the setting of profit-maximization. While it is important to note that the data are limited to Wisconsin, this is likely a reasonable case study for a number of reasons. First, the state has few stringent smoking laws, providing a rich data set to explore how voluntary choices of owners are related to various factors. This analysis examines laws each owner may be subject to and considers this information in the model. Wisconsin is also not an outlier because it does not ban smoking everywhere, as does California, nor does it fail to control its use in restaurants, as does Nevada. Finally, the adult smoking rate in Wisconsin is 23.4 percent, which is well within two standard deviations from the median smoking rate of 22.9 percent of all states

The paper begins with a literature review summarizing previous studies that address smoking policies. This is followed by a description of the data. An economic model then indicates which factors underlie smoking policies chosen by owners, and determines which factors are important to smoking policies in the absence of government restrictions and which factors are no longer important following the imposition of smoking laws. The conclusion discusses implications about the private market in accommodation and the effects of smoking bans and restrictions on individual owners.

LITERATURE REVIEW

Only limited research has been conducted on the private market in accommodation. Two studies directly examine seating allocations within restaurants and bars. Boyes and Marlow [1996] examine survey data in San Luis Obispo, one of the first cities to institute a ban on smoking in restaurants and bars. Sixty-four restaurants and bars were surveyed-roughly 65 percent of all affected businesses. The authors suggest that an active market in private accommodation existed prior to the ban because 62 percent of owners had non-smoking sections.

Logit models of support for bans in San Luis Obispo were estimated using data from a random survey of 764 individuals, 84 percent of whom were non-smokers. The empirical evidence indicates that the odds of supporting the smoking ban are significantly lower for respondents who smoke and are male. Age, education, and whether or not a respondent resided in the local community did not significantly influence odds of supporting the ban. Despite widespread support for the bans a significant percentage of the non-smokers (62 percent) also believed that smoking/non-smoking sections dealt effectively with smoking prior to the ban. Apparently, while a majority of non-smokers believed that the private market in accommodation was effective, they nonetheless favored outright bans.

Dunham and Marlow [2000a] also study private market accommodation. They examine national survey data drawn in 1996 from owners/managers of 1,300 randomly selected restaurants (650) and bars/taverns (650) across the United States. Samples were drawn in a statistically random manner and were applicable to all such establishments with a maximum sampling error of approximately plus or minus 4 percentage points. The survey found that, for restaurants, on average, 54 percent of seating was allocated to non-smoking, and for bars/taverns 5 percent was thus allocated. Both restaurants and bars/taverns exhibited cases where smoking was entirely prohibited as well as allowed throughout establishments. The authors conclude that state smoking laws do not influence allocations of non-smoking seating and suggest that laws are passed in states with relatively few smokers and therefore owners had already allocated relatively many seats to non-smoking use prior to the passage of laws. This hypothesis is supported by their finding that states with relatively many people involved in the tobacco manufacturing industry are significantly less likely to pass smoking laws than those states with relatively few workers. They also find that the percentage of seating allocated to non-smoking is negatively related to the percentage of smokers in the population, is significantly higher for owners affiliated with chains, and is significantly lower for older businesses and for bars

. Pierpont Morgan was a ruthless financial wizard with superb taste, whose monument--the library designed by McKim, Mead & White in 1906--was a surprisingly restrained product of America's first gilded age. Still more astonishing in that country's latest era of obscene excess, the Morgan has been doubled in size without losing its distinctive personality. The Renzo Piano Building Workshop has wrought its customary magic in weaving together old and new, strengthening the sense of place, and opening up the new central court to views of the street on three sides. Visitors walking into this serene, light-filled atrium, or looking down from two upper-level balconies can savour the sensation of floating within a transparent bubble at the heart of the metropolis

Nearly all museums have a compulsion to expand, to display more of their holdings and find room for new acquisitions, but also to accommodate ever-greater crowds and boost revenue. A happy few, like the Frick, stay small and are cherished for doing so. In contrast, the Museum of Modern Art abandoned its early role as a tightly focused shrine of the avant garde, and turned itself into an overpoweringly vast emporium with all the appeal of a convention centre. By choosing Piano, who cares as much for the sacred (contemplating art) as the profane (socialising, shopping and eating) and manages to keep the two kinds of space distinct, the Morgan avoided that fate.

The institution badly needed more gallery and storage space for its 350 000-item collection of rare books, master drawings, and manuscripts that range from priceless medieval miniatures to musical scores and correspondence from Ernest Hemingway, plus a better performance space for its renowned concerts. It also wanted to appear less intimidating (Morgan's library was a hermetic strong-box, designed to exclude the hoi polloi and natural light) and to develop its role as an art museum.

For the architects, the challenge was to find a footprint on which to build. The library, the 1850s Morgan family brownstone to the north, and the Classical-style annex that J. P.'s son added in 1928 were all listed properties, and the spaces between were cluttered with later additions. The Landmarks Commission would have opposed a tower. The solution was to clear the additions and to go down, blasting out the Manhattan schist to a depth of 18 metres to accommodate three levels of storage vaults, and a steeply raked auditorium. More than 50 per cent of the 13 800sqm complex is now located below ground. Three new pavilions have been inserted between the existing buildings: offices on 37th Street to the north, a 6m cube called the Thaw Gallery to the south, and a three-storey entry pavilion on Madison Avenue that, in its transparency, offers a symbolic welcome mat. New and old structures frame the 15m, glass-roofed courtyard, evoking an Italian piazzetta.

The Americans With Disabilities Act (ADA) of 1990 is "An Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability" (Preamble, ADA, 1990). One definition of disability discrimination given in the law is the failure to provide accommodation (ADA, 1990). The Equal Employment Opportunity Commission (EEOC; 1999) called the accommodation request process a fundamental feature of the ADA. The ADA does not mandate employment, it prohibits discrimination.

Research into the employment goals of the law makes the assumption that the ADA accommodation request process is viable (DeLeire, 2000; Moon, Chung, & Yang, 2003; Stapleton & Burkhauser, 2003, Wells, 2001). These studies, some using the same data sources, generate opposing answers on the ADA's impact on employment all the while ignoring the fundamental request process of the ADA. Other research looks into the behaviors of entities covered by the law, but these may not be relevant to the ADA's goals. For example, Bruyere (1999) surveyed 1,402 human resource departments on their preparedness to accommodate and reported that most said they were making changes. However, there was no way of knowing from that study whether the changes were initiated by, or even affected employees and/or job seekers with disabilities. Hernandez, Keys, and Balcazar's (2000; 2004) indicated that employers and representatives of the private and public sector express positive attitudes about the employment and access rights of workers with disabilities, but their behaviors may not match their attitudes. Relevant ADA behaviors have not been researched.

The meaning of the attitudes and opinions of people with disabilities in terms of their actual behaviors and the effect of ADA is also unclear. People with disabilities know about the law and are in favor of it (NOD/Harris, 2000; 2002), and some think it has not accomplished much (Hinton, 2003; NOD/Harris, 2004). The National Council On Disability's (NCD) (1995) collection of testimonies from people with disabilities affirmed the well known benefit of receiving accommodations. However, the NCD study did not describe the ADA request process in light of disability discrimination, that is, the refusal to accommodate. The functional impact of the law--the behaviors of the people who could make ADA requests and those who receive ADA requests is not known.

This collection of five essays examines ethnic and economic conflict in small communities in northern New York state in the late 19th and early 20th centuries. Presented by Oullette (history and American studies, Saint Michael's College in Colchester, Vermont) the papers specifically discuss the ethnic tensions surrounding the trial of a French Canadian immigrant for the murder of a middle-class Yankee in Plattsburgh, the broad experience of French Canadians working as waged industrial labor in Plattsburgh, the institutionalization of ethnic conflict among French Canadian and Irish immigrant mill workers in Keeseville, social and economic tensions arising from the arrival of the Great Northern Railroad in Ellenburgh, and resistance to police enforcement of Prohibition in the 1920s.

If at first you don't succeed, try, try again" didn't spring from the Americans with Disabilities Act (ADA), but it may as well have, as the law creates an ongoing obligation to reasonably accommodate qualified individuals with disabilities.

"Many managers are confused about how much they have to do and how far they have to go" when workers request accommodation, noted Sharon Rennert, senior attorney adviser at the Equal Employment Opportunity Commission (EEOC).

"It is imperative for employers and managers to understand that the reasonable accommodation obligation is an ongoing obligation," she said, citing Humphrey v. Memorial Hospitals Association (239 F.3d 1128 (9th Cir. 2001)). That ruling states that "the duty to accommodate is a continuing duty that is not exhausted by one effort."

The fact that you've provided one accommodation and it works or doesn't work "does not necessarily mean you're done," she observed. "Employers need to stay on top of" accommodation requests, according to Rennert, who said that employers should: Research possible accommodations thoroughly, checking first with the employee requesting accommodation, but also checking, for example, with the Department of Labor's Job Accommodation Network ((800) ADA-WORK), the EEOC, organizations representing people who have the same disability as the employee and the vocational rehabilitation agency.

* Continue checking with the employee for input and ideas.

Second Choice Redux

After providing an accommodation, the employer should periodically check on whether the accommodation is working, Rennert recommended.

When an employer discovers that an accommodation is not working, it should reconsider the information it had beforehand and continue to engage in the interactive process with the employee. The employer may have narrowed the accommodation choices down to two and selected the one it preferred, which it has the right to do. But there may be no reason to think the other choice will not work, and the employer may need to give it a try.

Often that choice is one that managers are not thrilled with, such as telework or a modified schedule. "Managers' discomfort or dislike of an accommodation is not a valid reason for turning it down," Rennert cautioned.

Encourage managers to try the second option on a trial basis. "If it works for two weeks, there's your accommodation." If it doesn't work, the employer has a documented reason why it's unreasonable to provide that accommodation.