The Staphylococcus aureus Protein IsdH Inhibits Host Hemoglobin Scavenging to Promote Heme Acquisition by the Pathogen

DEFF Research Database (Denmark)

Saederup, Kirstine Lindhardt; Stødkilde-Jørgensen, Kristian; Graversen, Jonas Heilskov

2016-01-01

Hemolysis is a complication in septic infections with Staphylococcus aureus, which utilizes the released Hb as an iron source. S. aureus can acquire heme in vitro from hemoglobin (Hb) by a heme-sequestering mechanism that involves proteins from the S. aureus iron-regulated surface determinant (Isd...

Organizational Culture and ISD Practices: Comparative Literature Review

Science.gov (United States)

Ovaska, Päivi; Juvonen, Pasi

This chapter reports results from a study that aims to analyze and compare the literature related to custom IS, packaged, and open source software organizational cultures, and their systems development practices. The comparative analysis is performed using a framework for organizational culture as lenses to the literature. Our study suggests that the beliefs and values of these three communities of practice differ remarkably and make their organizational culture and systems development practices different. The most important differences were found in business milieu, ISD team efforts, ISD approaches, and products and quality. Based on the study we can question the widely held wisdom of methods, techniques, and tools in systems development and managing its efforts. Our study has several implications for research and practice, which are discussed in this chapter.

Competing for Iron: Duplication and Amplification of the isd Locus in Staphylococcus lugdunensis HKU09-01 Provides a Competitive Advantage to Overcome Nutritional Limitation

Science.gov (United States)

Heilbronner, Simon; Brozyna, Jeremy R.; Heinrichs, David E.; Skaar, Eric P.; Peschel, Andreas; Foster, Timothy J.

2016-01-01

Staphylococcus lugdunensis is a coagulase negative bacterial pathogen that is particularly associated with severe cases of infectious endocarditis. Unique amongst the coagulase-negative staphylococci, S. lugdunensis harbors an iron regulated surface determinant locus (isd). This locus facilitates the acquisition of heme as a source of nutrient iron during infection and allows iron limitation caused by “nutritional immunity” to be overcome. The isd locus is duplicated in S. lugdunensis HKU09-01 and we show here that the duplication is intrinsically unstable and undergoes accordion-like amplification and segregation leading to extensive isd copy number variation. Amplification of the locus increased the level of expression of Isd proteins and improved binding of hemoglobin to the cell surface of S. lugdunensis. Furthermore, Isd overexpression provided an advantage when strains were competing for a limited amount of hemoglobin as the sole source of iron. Gene duplications and amplifications (GDA) are events of fundamental importance for bacterial evolution and are frequently associated with antibiotic resistance in many species. As such, GDAs are regarded as evolutionary adaptions to novel selective pressures in hostile environments pointing towards a special importance of isd for S. lugdunensis. For the first time we show an example of a GDA that involves a virulence factor of a Gram-positive pathogen and link the GDA directly to a competitive advantage when the bacteria were struggling with selective pressures mimicking “nutritional immunity”. PMID:27575058

The Poker-Litigation Game

OpenAIRE

Guerra-Pujol, Enrique

2015-01-01

Is litigation a serious search for truth or simply a game of skill or luck? Although the process of litigation has been modeled as a Prisoner's Dilemma, as a War of Attrition, as a Game of Chicken and even as a simple coin toss, no one has formally modeled litigation as a game of poker. This paper is the first to do so. We present a simple "poker-litigation game" and find the optimal strategy for playing this game.

Corporate Governance and Shareholder Litigation

OpenAIRE

Kalchev, Georgi

2009-01-01

The probability for shareholder litigation is studied and how corporate governance characteristics and other factors explain it. Shareholder litigation results from failure of corporate governance. Thus a better quality of corporate governance is hypothesized to decrease the litigation probability. Corporate governance index is constructed based on principal components. It is found to be a significant predictor of shareholder litigation.

Analysis of Factors Associated With Rhytidectomy Malpractice Litigation Cases.

Science.gov (United States)

Kandinov, Aron; Mutchnick, Sean; Nangia, Vaibhuv; Svider, Peter F; Zuliani, Giancarlo F; Shkoukani, Mahdi A; Carron, Michael A

2017-07-01

This study investigates the financial burden of medical malpractice litigation associated with rhytidectomies, as well as factors that contribute to litigation and poor defendant outcomes, which can help guide physician practices. To comprehensively evaluate rhytidectomy malpractice litigation. Jury verdict and settlement reports related to rhytidectomy malpractice litigations were obtained using the Westlaw Next database. Use of medical malpractice in conjunction with several terms for rhytidectomy, to account for the various procedure names associated with the procedure, yielded 155 court cases. Duplicate and nonrelevant cases were removed, and 89 cases were included in the analysis and reviewed for outcomes, defendant specialty, payments, and other allegations raised in proceedings. Data were collected from November 21, 2015, to December 25, 2015. Data analysis took place from December 25, 2015, to January 20, 2016. A total of 89 cases met our inclusion criteria. Most plaintiffs were female (81 of 88 with known sex [92%]), and patient age ranged from 40 to 76 years (median age, 56 years). Fifty-three (60%) were resolved in the defendant's favor, while the remaining 36 cases (40%) were resolved with either a settlement or a plaintiff verdict payment. The mean payment was $1.4 million. A greater proportion of cases involving plastic surgeon defendants were resolved with payment compared with cases involving defendants with ear, nose, and throat specialty (15 [36%] vs 4 [24%]). The most common allegations raised in litigation were intraoperative negligence (61 [69%]), poor cosmesis or disfigurement (57 [64%]), inadequate informed consent (30 [34%]), additional procedures required (14 [16%]), postoperative negligence (12 [14%]), and facial nerve injury (10 [11%]). Six cases (7%) involved alleged negligence surrounding a "lifestyle-lift" procedure, which tightens or oversews the superficial muscular aponeurosis system layer. In this study, although most cases of

The effect of threat of litigation on forensic pathologist diagnostic decision making.

Science.gov (United States)

Oliver, William Russell

2011-12-01

Recent litigation involving medical examiners has caused concern over certifying deaths. We administered a survey of 716 medical examiners regarding the effects of the threat of litigation. Two hundred twenty-two medical examiners responded (31%). Of those who responded, approximately 13.5% admitted to having modified their diagnostic findings due to threat of litigation, and approximately 32.5% stated these considerations would affect their decisions in the future. Physicians who indicated they had or would modify their diagnoses expressed more concern over the possibility of litigation. Chiefs of services were less likely than staff members to indicate changing diagnoses. Practitioners whose jurisdictions included rural areas were significantly more likely to indicate that litigation considerations would affect their diagnoses in the future, although this was not true with those who had already modified their diagnoses. No correlation was found with elected versus appointed positions, accreditation status, sex, race, geographic location, or board certification. Although very few medical examiners have actually been sued because of their diagnoses, a demonstrated threat of litigation has a substantial effect on diagnostic decision making.

An overview of Medicaid managed care litigation.

Science.gov (United States)

Rosenbaum, S; Teitelbaum, J; Kirby, C; Priebe, L; Klement, T

1998-11-01

Since the enactment of Medicaid in 1965, states have had the option of offering beneficiaries enrollment in managed care arrangements. With the advent of mandatory managed care reaching millions of beneficiaries (including a growing proportion of disabled recipients), the amount and scope of litigation involving Medicaid managed care plans can be expected to grow. A review of the current litigation regarding Medicaid managed care reveals two basic types of lawsuits: (1) those that challenge the practices of managed care companies under various federal and state laws that safeguard consumer rights, protect health care quality, and prohibit discrimination; and (2) suits that assert claims arising directly under the Medicaid statute and implementing regulations, as well as claims related to Constitutional safeguards that undergird the program. Lawsuits asserting claims arising under Medicaid tend to raise two basic questions: (1) the extent to which enrollment in a Medicaid managed care plan alters existing Medicaid beneficiary rights and state agency duties under federal or state Medicaid law; and (2) the extent to which managed care companies, as agents of the state, act under "color of law" (i.e., undertaking to perform official duties or acting with the imprimatur of state authority). Additionally, states might see an increase in litigation brought by prospective and current contractors who assert that they have been wrongfully denied contracts or improperly penalized for poor performance. These assertions may involve claims that are grounded in federal and state law, the Medicaid statute, and the Constitution. Moreover, in light of the consumer protection elements of the managed care reforms contained in the Balanced Budget Act, future managed care litigation may focus on the manner in which companies carry out states' obligations toward managed care enrollees. Resolution of Medicaid managed care cases involves the application of general principles of

Transnational Litigation and Commercial Arbitration

DEFF Research Database (Denmark)

Lookofsky, Joseph; Hertz, Ketilbjørn

Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments......Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments...

Evidence Standards and Litigation

DEFF Research Database (Denmark)

Guerra, Alice; Luppi, Barbara; Parisi, Francesco

In litigation models, the parties’ probability to succeed in a lawsuit hinge upon two main factors: the merits of the parties’ claims and their litigation efforts (Katz, 1988; Hirshleifer, 1989; Farmer and Pecorino, 1999). In this paper we extend this framework to consider an important procedural...

Properties of an interspinous fixation device (ISD) in lumbar fusion constructs: a biomechanical study.

Science.gov (United States)

Techy, Fernando; Mageswaran, Prasath; Colbrunn, Robb W; Bonner, Tara F; McLain, Robert F

2013-05-01

Segmental fixation improves fusion rates and promotes patient mobility by controlling instability after lumbar surgery. Efforts to obtain stability using less invasive techniques have lead to the advent of new implants and constructs. A new interspinous fixation device (ISD) has been introduced as a minimally invasive method of stabilizing two adjacent interspinous processes by augmenting an interbody cage in transforaminal interbody fusion. The ISD is intended to replace the standard pedicle screw instrumentation used for posterior fixation. The purpose of this study is to compare the rigidity of these implant systems when supplementing an interbody cage as used in transforaminal lumbar interbody fusion. An in vitro human cadaveric biomechanical study. Seven human cadaver spines (T12 to the sacrum) were mounted in a custom-designed testing apparatus, for biomechanical testing using a multiaxial robotic system. A comparison of segmental stiffness was carried out among five conditions: intact spine control; interbody spacer (IBS), alone; interbody cage with ISD; IBS, ISD, and unilateral pedicle screws (unilat); and IBS, with bilateral pedicle screws (bilat). An industrial robot (KUKA, GmbH, Augsburg, Germany) applied a pure moment (±5 Nm) in flexion-extension (FE), lateral bending (LB), and axial rotation (AR) through an anchor to the T12 vertebral body. The relative vertebral motion was captured using an optoelectronic camera system (Optotrak; Northern Digital, Inc., Waterloo, Ontario, Canada). The load sensor and the camera were synchronized. Maximum rotation was measured at each level and compared with the intact control. Implant constructs were compared with the control and with each other. A statistical analysis was performed using analysis of variance. A comparison between the intact spine and the IBS group showed no significant difference in the range of motion (ROM) in FE, LB, or AR for the operated level, L3-L4. After implantation of the ISD to augment

Executive pay and shareholder litigation

OpenAIRE

Lin Peng; Ailsa Röell

2008-01-01

The paper examines the impact of executive compensation on private securities litigation. We find that incentive pay in the form of options increases the probability of securities class action litigation, holding constant a wide range of firm characteristics. We further document that there is abnormal upward earnings manipulation during litigation class periods and that insiders exercise more options and sell more shares during class periods, but that this activity is largely driven by pre-ex...

Class action litigation in correctional psychiatry.

Science.gov (United States)

Metzner, Jeffrey L

2002-01-01

Class action litigation has been instrumental in jail and prison reform during the past two decades. Correctional mental health systems have significantly benefited from such litigation. Forensic psychiatrists have been crucial in the litigation process and the subsequent evolution of correctional mental health care systems. This article summarizes information concerning basic demographics of correctional populations and costs of correctional health care and provides a brief history of such litigation. The role of psychiatric experts, with particular reference to standards of care, is described. Specifically discussed are issues relevant to suicide prevention, the prevalence of mentally ill inmates in supermax prisons, and discharge planning.

MALDI-ISD Mass Spectrometry Analysis of Hemoglobin Variants: a Top-Down Approach to the Characterization of Hemoglobinopathies

Science.gov (United States)

Théberge, Roger; Dikler, Sergei; Heckendorf, Christian; Chui, David H. K.; Costello, Catherine E.; McComb, Mark E.

2015-08-01

Hemoglobinopathies are the most common inherited disorders in humans and are thus the target of screening programs worldwide. Over the past decade, mass spectrometry (MS) has gained a more important role as a clinical means to diagnose variants, and a number of approaches have been proposed for characterization. Here we investigate the use of matrix-assisted laser desorption/ionization time-of-flight MS (MALDI-TOF MS) with sequencing using in-source decay (MALDI-ISD) for the characterization of Hb variants. We explored the effect of matrix selection using super DHB or 1,5-diaminonaphthalene on ISD fragment ion yield and distribution. MALDI-ISD MS of whole blood using super DHB simultaneously provided molecular weights for the alpha and beta chains, as well as extensive fragmentation in the form of sequence defining c-, (z + 2)-, and y-ion series. We observed sequence coverage on the first 70 amino acids positions from the N- and C-termini of the alpha and beta chains in a single experiment. An abundant beta chain N-terminal fragment ion corresponding to βc34 was determined to be a diagnostic marker ion for Hb S (β6 Glu→Val, sickle cell), Hb C (β6 Glu→Lys), and potentially for Hb E (β26 Glu→Lys). The MALDI-ISD analysis of Hb S and HbSC yielded mass shifts corresponding to the variants, demonstrating the potential for high-throughput screening. Characterization of an alpha chain variant, Hb Westmead (α122 His→Gln), generated fragments that established the location of the variant. This study is the first clinical application of MALDI-ISD MS for the determination and characterization of hemoglobin variants.

Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes.

Science.gov (United States)

Wingate, Peter H; Thornton, George C; McIntyre, Kelly S; Frame, Jennifer H

2003-02-01

The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.

Litigation in paediatrics

LENUS (Irish Health Repository)

Murphu, JFA

2011-03-01

on the issue. This is understandable. Most individuals are healthy during their childhood and have less need of and less interaction with medical services when compared with adults. However, Paediatric litigation does happen and furthermore it is likely to increase in parallel with other specialties. Carroll and Buddenbaum1 have described the pattern of Paediatric litigation in the US. The annual incidence of malpractice claims has been quoted to be as high as 6.6 claims per 100 Paediatricians per year. Almost 30% of Paediatricians have been sued with many being sued on more than one occasion. Of these cases 36% were settled out of court, 33% were dropped by the plaintiff with the remainder going before the judiciary. The authors point out that in the US medical malpractice is a hotly debated issue. Litigation has a questionable impact on health care quality, cost, and access to services. The AMA believes that rising premiums are resulting in the curtailment of medical care particularly in states with high medico-legal rates. The Physician Insurers Association of America (PIAA) is a trade organisation which insures 60% of all private practicing physicians and surgeons has been a useful source of data. In the 20 year period 1985-2005 among a total of 214,226 claims there were 6363 (2.9%) Paediatric claims which ranked it 10th among the 28 specialties covered. The claims arose in equal numbers from the hospital and Paediatrician’s office settings. Common reasons for Paediatric litigation were errors in diagnosis (32%), incorrect performance of a medical or surgical procedure (13%), failure to monitor or manage a case effectively (10%) and medication error (5%). The top five medico-legal conditions were meningitis, routine infant or child checks, newborn respiratory problems, appendicitis and brain-damaged infants as a co-defendant with Obstetrics. Good quality information about litigation is important because the discussion among doctors is frequently confused by

A phenomenological study of the effects of clinical negligence litigation on midwives in England: the personal perspective.

Science.gov (United States)

Robertson, Judith H; Thomson, Ann M

2014-03-01

to explore how midwives' personal involvement in clinical negligence litigation affects their emotional and psychological well-being. descriptive phenomenological study using semi-structured interviews. in-depth interviews were conducted in participants' homes or at their place of work and focused on participants' experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. unfamiliarity with the legal process when writing statements, attending case conferences and being a witness in court provoked significant stress for midwives. This was exacerbated by the prolonged nature of maternity claims. Support ranged from good to inadequate. Participants who no longer worked for the defendant Trust felt unsupported. Stress could manifest as physical and mental ill-health. Some midwives internalised the allegations of negligence believing their whole career had become worthless. Previous knowledge of the legal process ameliorated the experience. Midwives also exhibited anger and resentment when litigation concluded and some took years to heal from the experience. midwives come from a caring and relational paradigm. When interfacing with the adversarial and contentious paradigm of tort law, midwives can abreact and suffer emotional, physical and psychological harm. Support for midwives experiencing litigation must be improved. Understanding the effects of personal involvement in litigation is important in order to improve the quality of support for this group of midwives. It will also aid development of targeted education for undergraduate, post-graduate and in-service midwives. In the longer term it may help policy makers when considering reform of clinical negligence litigation and NHS employers to structure support mechanisms for staff involved. Copyright © 2013 Elsevier Ltd. All rights reserved.

6 CFR 25.7 - Litigation management.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

Cleft Lip and Cleft Palate Surgery: Malpractice Litigation Outcomes.

Science.gov (United States)

Justin, Grant A; Brietzke, Scott E

2017-01-01

  This study examined malpractice claims related to cleft lip and cleft palate surgery to identify common allegations and injuries and reviewed financial outcomes.   The WestlawNext legal database was analyzed for all malpractice lawsuits and settlements related to the surgical repair of cleft lip and palate.   Inclusion criteria included patients undergoing surgical repair of a primary cleft lip or palate or revision for complications of previous surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes.   A total of 36 cases were identified, with 12 unique cases from 1981 to 2006 meeting the inclusion criteria. Six cases (50%) were decided by a jury and six by settlement. Five cases involved complications related to the specific surgery, and the other seven were associated with any surgery and perioperative care of children and adults. Cleft palate repair (50%) was the most frequently litigated surgery. Postoperative negligent supervision was the most common allegation (42%) and resulted in a payout in each case (mean = $3,126,032). Death (42%) and brain injury (25%) were the most frequent injuries reported. Financial awards were made in nine cases (after adjusting for inflation, mean = $2,470,552, range = $0 to $7,704,585). The awards were significantly larger for brain injury than other outcomes ($4,675,395 versus $1,368,131 after adjusting for inflation, P = .0101).   Malpractice litigation regarding cleft lip and palate surgery is uncommon. However, significant financial awards involving perioperative brain injury have been reported.

Performance evaluation of court in construction claims settlement of litigation

Science.gov (United States)

Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

2017-06-01

Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

iSDS: a self-configurable software-defined storage system for enterprise

Science.gov (United States)

Chen, Wen-Shyen Eric; Huang, Chun-Fang; Huang, Ming-Jen

2018-01-01

Storage is one of the most important aspects of IT infrastructure for various enterprises. But, enterprises are interested in more than just data storage; they are interested in such things as more reliable data protection, higher performance and reduced resource consumption. Traditional enterprise-grade storage satisfies these requirements at high cost. It is because traditional enterprise-grade storage is usually designed and constructed by customised field-programmable gate array to achieve high-end functionality. However, in this ever-changing environment, enterprises request storage with more flexible deployment and at lower cost. Moreover, the rise of new application fields, such as social media, big data, video streaming service etc., makes operational tasks for administrators more complex. In this article, a new storage system called intelligent software-defined storage (iSDS), based on software-defined storage, is described. More specifically, this approach advocates using software to replace features provided by traditional customised chips. To alleviate the management burden, it also advocates applying machine learning to automatically configure storage to meet dynamic requirements of workloads running on storage. This article focuses on the analysis feature of iSDS cluster by detailing its architecture and design.

Some aspects of education litigation since 1994: Of hope, concern and despair

Directory of Open Access Journals (Sweden)

Johan Beckmann

2015-02-01

Full Text Available In this article we report on qualitative research in which we probed the opinions and views of a purposive sample of high-profile and influential role players in education about aspects of education litigation in South Africa since 1994. This year marked the transition to a democratic government in South Africa, and resulted in a new education system, which has led to a great deal of litigation, as was to be expected. Our participants were personally involved in litigation in various capacities. Their responses to our questions reflected hope, but also concern, and even despair. In their opinions almost all of the disputes were between the state and its citizens, and that the state lost virtually all cases. State officials often ignored legal advice and acted on "imagined powers", causing embarrassment to the state where they seemed insensitive to the needs of the people, and sometimes deliberately transgressed prescripts and provisions, abandoning its mandate to children and the country more broadly. There is extreme concern about the tendency of officials to ignore court orders. No lessons seem to have been learned from judgments and infractions of the same kind occur repeatedly - even if litigation seems to have consumed between 4-6% of the education budget. There was surprise that cases dealt almost exclusively with disputes about stake-holders' powers, and that few human rights and social issues have been litigated. Furthermore, individual officials that seemed to suffer no consequences from their unlawful actions and showed an apparent lack of professionalism to acquaint themselves with the legal prescripts that govern their professional work, caused concern for our respondents, as did the destructive role that unions and politicians seemed to play in education. However, litigation has nonetheless led to the clarification of some issues.

An Index of Susceptibility to Drought (ISD for the Semiarid Brazilian Northeast

Directory of Open Access Journals (Sweden)

Josemir Araujo Neves

2016-06-01

Full Text Available Abstract This work presents the development of a composite Index of Susceptibility to Drought (ISD for semiarid Brazilian Northeast that considers climatology, physical properties, soil usage, social and economic aspects, the risk of harvest losses and the shortage of human and animal drinking water. The index started with the Index FUNCEME of drought Severity (IFS, developed by FUNCEME. Then, it evolved to use some tools proposed by the Joint Research Centre/Organization for Economic Co-operation and Development (JRC/OECD, as well as techniques of multiple imputation for missing data and data winsorization. The work was tested and validated with real data from Rio Grande do Norte State in three climatologic scenarios (dry, regular and rainy. A multivariate analysis test and a Monte Carlo simulation were also produced for a sensibility and strength analysis of the developed model. These analyses validated the composition model and the obtained results with real data. The ISD can be used as a tool to support decision makers in various government levels to help guide the actions for the drought-affected areas.

Malpractice Litigation and Nursing Home Quality of Care

Science.gov (United States)

Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

2013-01-01

Objective. To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. Data Sources/Study Setting. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. Study Design. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. Principal Findings. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Conclusions. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. PMID:23741985

Litigation and audit quality; two experimental studies

NARCIS (Netherlands)

Dijk, M. van

1998-01-01

This study examines the effect of litigation risk on auditors' willingness to yield to management pressure and to omit audit steps of the audit program in case of budget pressure. The results show that litigation risk has a significant impact on audit quality.

Teacher Fear of Litigation for Disciplinary Actions

Science.gov (United States)

Holben, Diane M.; Zirkel, Perry A.; Caskie, Grace I. L.

2009-01-01

The present study determined the extent to which teachers' fear of litigation limits their disciplinary actions, including any significant differences by period, demographic factors, and item type. Teachers' perceptions of limitations placed on their disciplinary actions do not substantiate the "paralyzing fear" of litigation that…

The European Union's Emerging Approach to ISDS: a Review of the Canada-Europe CETA, Europe-Singapore FTA, and Europe-Vietnam FTA

Directory of Open Access Journals (Sweden)

Gus Van Harten

2016-09-01

Full Text Available The European Union’s approach to ISDS is examined based on the available textual evidence in proposed or negotiated trade agreements. The evaluation focuses on three criteria: judicial independence, procedural fairness, and balance in the allocation of rights and responsibilities. Each criteria arises from concerns about the powerful and far-reaching arbitration mechanism at the core of ISDS and its role to decide the legality of sovereign conduct and allocate public funds to foreign investors. The main conclusions are that, in pursuing a massive expansion of ISDS in new trade agreements, the European Union has taken only partial steps on the issue of independence, has signalled but not carried through with steps on the issue of procedural fairness, and has not taken steps to balance investor rights with investor responsibilities or to ensure respect for the role of domestic courts.

28 CFR 0.48 - International trade litigation.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

Electronic communication in civil litigation

Directory of Open Access Journals (Sweden)

Salma Marija

2014-01-01

Full Text Available This paper looks into common European and national rules regulating electronic communication in legal matters. Such form of communication in legal matters expedites the procedure. It is also pointed out that electronic communication between the court and the parties to the proceedings, as well as third parties, is conducted through registries, regulated by special regulations, for filing written submissions of the parties and decisions of the court. Legislation regulating electronic communication is intended for litigation in commercial matters. European and national rules do not exclude the possibility of electronic communication in non-commercial litigation provided there is an express consent of the parties to such communication. Although steps towards digitalization have been taken in the Republic of Serbia, legislation regulating electronic service of documents, communication in civil litigation, is still missing. The Civil Procedure Law does not have a separate section regulating the electronic communication in legal matters. However, it cannot be said that the CPC does not set basic principles regulating this form of communication in legal matters.

The NTeQ ISD Model: A Tech-Driven Model for Digital Natives (DNs)

Science.gov (United States)

Williams, C.; Anekwe, J. U.

2017-01-01

Integrating Technology for enquiry (NTeQ) instructional development model (ISD), is believed to be a technology-driven model. The authors x-rayed the ten-step model to reaffirm the ICT knowledge demand of the learner and the educator; hence computer-based activities at various stages of the model are core elements. The model also is conscious of…

An Evaluation of the Application of ISD to P-3 Pilot Training.

Science.gov (United States)

1980-06-01

THESIS AN EVALUATION OF THE APPLICATION OF ISD TO P-3 PILOT TRAINING by William Allen. Snider June 1980 Thesis Advisor: J. K. Arima Approved for...also from quasi-governmental agencies such as RAND and HUMRRO, saw great potential in the use of techniques such as modelling to increase the precision...scores. The preceding discussion suggests that organizational climate , as well as experience, is strongly related to pilot performance on NATOPS

Professional Organizations and Publications in ISD&T Recommended to New Professionals by Faculty Members

Science.gov (United States)

Kim, Minjeong; Lee, Youngmin

2006-01-01

New members in the field of instructional systems design and technology (ISD&T), including new students in this field, can find lists of publications and organizations available for them to read and to join. However, they may also wish to know which of these publications and organizations are recommended by established professionals. The field of…

Characterization of the mechanism of protection mediated by CS-D7, a monoclonal antibody to Staphylococcus aureus iron regulated surface determinant B (IsdB

Directory of Open Access Journals (Sweden)

Gregory ePancari

2012-03-01

Full Text Available We previously reported the development of a human monoclonal antibody (CS-D7, IgG1 with specificity and affinity for the iron regulated surface determinant B (IsdB of Staphylococcus aureus. CS-D7 mediates opsonophagocytic killing in vitro and protection in a murine sepsis model. In light of recent data indicating that IsdB specific T cells (CD4+, Th17, not Ab, mediate protection after vaccination with IsdB, it is important to investigate the mechanism of protection mediated by CS-D7. The mAb was examined to determine if it blocked heme binding to IsdB in vitro. The mAb was not found to have heme blocking activity, nor did it prevent bacterial growth under in vivo conditions, in an implanted growth chamber. To assess the role of the mAb Fc a point mutation was introduced at aa 297 (CS-D7●N297A. This point mutation removes Fc effector functions. In vitro analysis of the mutein confirmed that it lacked measurable binding to FcγR, and that it did not fix complement. The mutein had dramatically reduced in vitro opsonic OP activity compared to CS-D7. Nonetheless, the mutein conferred protection equivalent to the wild type mAb in the murine sepsis model. Both wild type and mutein mAbs were efficacious in FcγR deletion mice (including both FcγRII-/- mice and FcγRIII-/- mice, indicating that these receptors were not essential for mAb mediated protection in vivo. Protection mediated by CS-D7 was lost in Balb/c mice depleted of C3 with cobra venom factor (CFV, was lost in mice depleted of superoxide dismutase (SOD in P47phox deletion mice, and was absent in SCID mice. Enhanced clearance of S. aureus in the liver of CS-D7 treated mice and enhanced production of INF-γ, but not of IL17, may play a role in the mechanism of protection mediated by the mAb. CS-D7 apparently mediates survival in challenged mice through a mechanism involving complement, phagocytes, and lymphocytes, but which does not depend on interaction with FcγR, or on blocking heme

Do fears of malpractice litigation influence teaching behaviors?

Science.gov (United States)

Reed, Darcy A; Windish, Donna M; Levine, Rachel B; Kravet, Steven J; Wolfe, Leah; Wright, Scott M

2008-01-01

Medical malpractice is prominently positioned in the consciousness of American physicians, and the perceived threat of malpractice litigation may push physicians to practice defensively and alter their teaching behaviors. The purposes of this study were to characterize the attitudes of academic medical faculty toward malpractice litigation and to identify teaching behaviors associated with fear of malpractice litigation. We surveyed 270 full-time clinically active physicians in the Department of Medicine at a large academic medical center. The survey assessed physicians' attitudes toward malpractice issues, fear of malpractice litigation, and self-reported teaching behaviors associated with concerns about litigation. Two hundred and fifteen physicians responded (80%). Faculty scored an average of 25.5 +/- 6.9 (range = 6-42, higher scores indicate greater fear) on a reliable malpractice fear scale. Younger age (Spearman's rho = 0.19, p = .02) and greater time spent in clinical activities (rho = 0.26, p Fear Scale. Faculty reported that because of the perceived prevalence of lawsuits and claims made against physicians, they spend more time writing clinical notes for patients seen by learners (74%), give learners less autonomy in patient care (44%), and limit opportunities for learners to perform clinical procedures (32%) and deliver bad news to patients (33%). Faculty with higher levels of fear on the Malpractice Fear Scale were more likely to report changing their teaching behaviors because of this perceived threat (rho = 0.38, p < .001). Physicians report changes in teaching behaviors because of concerns about malpractice litigation. Although concerns about malpractice may promote increased supervision and positive role modeling, they may also limit important educational opportunities for learners. These results may serve to heighten awareness to the fact that teaching behaviors and decisions may be influenced by the malpractice climate.

Administrative litigation systems in Europe

Directory of Open Access Journals (Sweden)

Cătălin-Silviu Săraru

2017-06-01

Full Text Available The article, analyzing the administrative litigation in the comparative law, groups the existing types of administrative litigation into four major systems, namely: a States with administrative jurisdictions who have the State Council on top, administrative body with consultative and judicial role (the French system; b States with administrative jurisdictions completely separated from the active and consultative administrations (the German system; c States with administrative jurisdictions included in the judicial system; d States with no administrative jurisdiction (English system. The administrative contentious systems analyzed have developed in line with historical evolution and legal traditions and have been continually adapted to the realities existing in each state. The manner in which the administrative contentious is regulated in a State reflects the degree of democratization of that country, the extent to which the citizen enjoys legal safeguards to defend himself against abuses by public authorities. The scientific novelty of this article is to capture the latest trends in the evolution of the administrative contentious systems analyzed. This study aims to provide an easy working tool for reforming administrative litigation on comparative law in states with young democracy. In the research we used the comparative method, the historical and the logical method.

Auditing Litigation and Claims: Conflicts and the Compromise of Privilege

Directory of Open Access Journals (Sweden)

Harleen Kaur

2013-12-01

Full Text Available Auditing standards require an auditor to make various enquiries about liabilities in general this may entail consideration of potential litigations and claims that the audited entity may be facing. To perform this part of audit, the auditors will generally seek representation letters from lawyers of the company detailing an estimate prepared by management, confirmed by their lawyers through a representation letter, and then sent directly to the auditors. This paper reviews the implications for the auditing profession of a case that involved auditors seeking such representation letters. The case involves litigation between theWestpac Banking Corporation and 789TEN Pty Ltd. While theWestpac case confirmed the legal position of the auditor in their task of collecting evidence in order to form an opinion in Australia, it highlights a significant anomaly under the law and should place the issue of solicitor’s representation letters as audit evidence firmly on the agenda of policymakers. This issue of the compromise of legal privilege during the conduct of an audit is also not confined to Australia: other common law jurisdictions, such as the UK and the US, have also sought to clarify the position of auditors when issues of the integrity of legal privacy privilege arise.

49 CFR 1103.26 - Discussion of pending litigation in the public press.

Science.gov (United States)

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 false Discussion of pending litigation in the public... § 1103.26 Discussion of pending litigation in the public press. Attempts to influence the action and... unfair to the Board if the facts of pending litigation are made known to the public through the press in...

An exploration of the effects of clinical negligence litigation on the practice of midwives in England: A phenomenological study.

Science.gov (United States)

Robertson, Judith H; Thomson, Ann M

2016-02-01

to explore how midwives׳ personal involvement in clinical negligence litigation affects their midwifery practice. descriptive phenomenological study using semi-structured interviews. in 2006-2007 in-depth interviews were conducted in participants׳ homes or at their place of work and focused on participants׳ experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. clinical practice affected was an increase in documentation, fear of practising outside clinical guidelines and electronic fetal monitoring of women at low obstetric risk; these changes were not widespread. Changes in practice were sometimes perceived negatively and sometimes positively. Forming a good relationship with childbearing women was judged to promote effective midwifery care but litigation had affected the ability of a minority of midwives to advocate for women if this relationship had not been established. Litigation could result in loss of confidence leading to self-doubt, isolation, increased readiness to seek medical assistance and avoidance of working in the labour ward, perceived as an area with a high risk of litigation. A blame culture in the NHS was perceived by several midwives. In contrast an open non-punitive culture resulted in midwives readily reporting mistakes to risk managers. Litigation lowered midwifery morale and damaged professional reputations, particularly when reported in the newspapers. Some midwives expressed thoughts of leaving midwifery or taking time off work because of litigation but only one was actively seeking other employment, another took sick leave and one had left midwifery and returned to nursing. litigation can have a negative effect on midwives׳ clinical practice and morale and fosters a culture of blame within the NHS. education regarding appropriate documentation, use or non-use of electronic fetal monitoring and the legal status of clinical

48 CFR 952.231-71 - Insurance-litigation and claims.

Science.gov (United States)

2010-10-01

... agencies, in connection with this contract. The Contractor shall proceed with such litigation in good faith... litigation in good faith and as directed from time to time by the Contracting Officer. (c)(1) Except as... insurance as required by law or approved in writing by the Contracting Officer. (2) The Contractor may, with...

48 CFR 970.5228-1 - Insurance-litigation and claims.

Science.gov (United States)

2010-10-01

... agencies, in connection with this contract. The Contractor shall proceed with such litigation in good faith... litigation in good faith and as directed from time to time by the Contracting Officer. (c)(1) Except as... insurance as required by law or approved in writing by the Contracting Officer. (2) The Contractor may, with...

Health care litigation: the arbitration alternative for dispute resolution.

Science.gov (United States)

Cole, C A

1989-01-01

This is the second in a series of articles on health care litigation. This article focuses on the benefits of arbitration as an alternative dispute mechanism for health care providers. The use of arbitration offers speed and economy to the parties. For the health care provider, arbitration can reduce litigation expense and the likelihood of "runaway" jury verdicts.

TEOLOGI KONSTRUKSI DALAM MERESPONS BENCANA (STUDI PEMIKIRAN MAHASISWA STAIN KUDUS MELALUI MATA KULIAH IAD, IBD, DAN ISD

Directory of Open Access Journals (Sweden)

Efa Ida Amaliyah

2013-09-01

Full Text Available THEOLOGY OF CONSTRUCTION IN RES- PONDING TO DISASTER (THE STUDY OF STAIN KUDUS STUDENTS’ THOUGHTS THROUGH IAD, IBD, ISD COURSES. Indonesia has experienced various natural disasters. After some natural disasters stroke, there is no serious concern about the disaster and the consequences. Students as agents of  change is expected to take an active role in dealing with disasters through productive thoughts. The active role of students is one of  them realized through the course IAD, ISD, and IBD. This paper elaborates on the meaning of  the disaster among students and formulate theological construction that is able to influence him in the handling of  the disaster. Through the method of reviewing secondary data, observation, and interviews, it is concluded that there are ten reasons religious beliefs and practices have significant positions in disaster mitigation, that religion gives a positive view of the disaster, religion gives meaning and purpose in life, belief  systems of  religion enable someone’s ready to face the bad things that befall human life, religious give hope and motivation, religion provides the power personally, religion provides a sense of  control, religion provides examples of exemplary in the face of  suffering, religion provides guidance in making decisions, religion give answers to questions that are not able to be answered by the secular culture and science, and religion provide social support. Thus, students should be prudent in defining the disaster. Do not let them use the arguments that would discourage the victims. Keywords: Teological Construction, Disaster, Student Thought, IAD, IBD, and ISD Courses. Indonesia sudah mengalami bermacam bencana alam. Setelah beberapa bencana alam menimpa, tidak ada perhatian serius tentang bencana dan akibat yang ditimbulkannya. Mahasiswa sebagai agen perubahan diharapkan ikut berperan aktif  dalam menangani bencana melalui pemikiran-pemikiran yang produktif. Peran aktif

Why Litigation-Driven History Matters: Lessons Learned from the Secret History of TCE.

Science.gov (United States)

Zahniser, Keith A

2015-02-01

Litigation drives extensive historical research but often allows only select observers to see the results. Historians have conducted untold studies for litigation that become "secret histories" because these histories are not published. An example is the historical use and regulation of the chemical trichloroethylene (TCE), a hazardous chemical at issue in much environmental litigation, but a topic virtually absent in the secondary literature. This practice seems to contravene accepted standards of open scholarship. Although not directly aligned with the traditional academic model of historical practice, however, historical research and writing for litigation achieve legitimate and important results without abandoning the discipline's professional standards. History done by consultants for litigation is neither a history of compromised standards nor as "secret" as feared.

Radiation litigation and the nuclear industry--the experience in the United Kingdom.

Science.gov (United States)

Leigh, W J; Wakeford, R

2001-12-01

In the United Kingdom, the Nuclear Installations Act 1965 places a "strict" statutory duty on the operators of nuclear facilities to ensure that any exposure to radiation resulting from operations does not cause injury or damage. A claimant does not have to prove fault to receive compensation under the Act, only causation. The 1965 Act has been fundamental in shaping litigation involving the nuclear industry in the UK. Civil law cases brought under the Act will be heard before a single judge (with no jury or technical assessor) who must present his or her decision in a reasoned judgment. This process leads to a considerable volume of expert evidence being presented to the court and extensive cross-examination of witnesses. The expense and uncertain outcome of cases involving claims by nuclear workers that occupational exposure to radiation had caused the development of cancer has led to employers and trade unions setting up the voluntary Compensation Scheme for Radiation-linked Diseases as an alternative to litigation. This Scheme has worked well and is held up as a model of alternative dispute resolution. However, a few cases concerning personal injury or damage to property have come before the courts when the defendant nuclear operator considered that the claims were technically unjustified and where settlement was not a policy option. As anticipated, these cases were lengthy, complex, and expensive. The radiation doses assessed to have been received by the individuals who were the subject of claims, whether workers or members of the public, have been crucial to the outcome. The technical expertise of health physicists and allied specialists has been vital in establishing defensible estimates of dose, and this contribution can be expected to remain of high importance in radiation litigation in the UK.

75 FR 65013 - Access in Litigation to Confidential Business Information

Science.gov (United States)

2010-10-21

... disclose, in response to discovery requests received in the litigation styled, Tronox Incorporated, et al... litigation function on behalf of the EPA. The DOJ has been served with discovery requests seeking, among other things, documentation supporting the proofs of claim filed by the United States of America in the...

Leukaemia litigation

Energy Technology Data Exchange (ETDEWEB)

Stather, John (National Radiological Protection Board, Chilton (United Kingdom))

1993-11-01

One case of acute lymphatic leukaemia and another of non-Hodgkin's lymphoma that occurred in the Seascale area have been the subject of recent litigation in the High Court in England. The main feature of the trial was the argument by the plaintiffs' solicitors that the diseases were primarily the result of paternal preconception irradiation resulting from exposure of the fathers at the nuclear fuel reprocessing plant operated by the defendants British Nuclear Fuels plc. Judgment in favour of the defendants was given by Mr Justice French on Friday 8 October 1993. (author).

Problems of litigation in settlement of maritime disputes for Nigeria ...

African Journals Online (AJOL)

This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...

Can shared decision-making reduce medical malpractice litigation? A systematic review.

Science.gov (United States)

Durand, Marie-Anne; Moulton, Benjamin; Cockle, Elizabeth; Mann, Mala; Elwyn, Glyn

2015-04-18

To explore the likely influence and impact of shared decision-making on medical malpractice litigation and patients' intentions to initiate litigation. We included all observational, interventional and qualitative studies published in all languages, which assessed the effect or likely influence of shared decision-making or shared decision-making interventions on medical malpractice litigation or on patients' intentions to litigate. The following databases were searched from inception until January 2014: CINAHL, Cochrane Register of Controlled Trials, Cochrane Database of Systematic Reviews, EMBASE, HMIC, Lexis library, MEDLINE, NHS Economic Evaluation Database, Open SIGLE, PsycINFO and Web of Knowledge. We also hand searched reference lists of included studies and contacted experts in the field. Downs & Black quality assessment checklist, the Critical Appraisal Skill Programme qualitative tool, and the Critical Appraisal Guidelines for single case study research were used to assess the quality of included studies. 6562 records were screened and 19 articles were retrieved for full-text review. Five studies wee included in the review. Due to the number and heterogeneity of included studies, we conducted a narrative synthesis adapted from the ESRC guidance for narrative synthesis. Four themes emerged. The analysis confirms the absence of empirical data necessary to determine whether or not shared decision-making promoted in the clinical encounter can reduce litigation. Three out of five included studies provide retrospective and simulated data suggesting that ignoring or failing to diagnose patient preferences, particularly when no effort has been made to inform and support understanding of possible harms and benefits, puts clinicians at a higher risk of litigation. Simulated scenarios suggest that documenting the use of decision support interventions in patients' notes could offer some level of medico-legal protection. Our analysis also indicated that a sizeable

Academic Advising and Potential Litigation.

Science.gov (United States)

Schubert, Arline F.; Schubert, George W.

1983-01-01

Issues in tort and contract law and recent experiences in litigation that influence the academic adviser's responsibility are outlined, including negligence, nondisclosure and misrepresentation, defamation, written and oral contracts, and the adviser as an agent of the institution. Specific areas of adviser vulnerability are noted. (MSE)

Preventing Playground Injuries and Litigation.

Science.gov (United States)

Frost, Joe L.

1994-01-01

The typical American playground is antiquated, hazardous, and inappropriate for the developmental needs of children. The paper explains how design, installation, maintenance, and supervision are critical in preventing playground injuries and resulting litigation, noting the importance of regular training for everyone who supervises children on the…

The role of public law-based litigation in tobacco companies’ strategies in high-income, FCTC ratifying countries, 2004–14

Science.gov (United States)

Steele, Sarah L.; Gilmore, Anna B.; McKee, Martin; Stuckler, David

2016-01-01

Background Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. Methods WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. Results We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. Discussion We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. PMID:26036703

Cerebral palsy litigation: change course or abandon ship.

Science.gov (United States)

Sartwelle, Thomas P; Johnston, James C

2015-06-01

The cardinal driver of cerebral palsy litigation is electronic fetal monitoring, which has continued unabated for 40 years. Electronic fetal monitoring, however, is based on 19th-century childbirth myths, a virtually nonexistent scientific foundation, and has a false positive rate exceeding 99%. It has not affected the incidence of cerebral palsy. Electronic fetal monitoring has, however, increased the cesarian section rate, with the expected increase in mortality and morbidity risks to mothers and babies alike. This article explains why electronic fetal monitoring remains endorsed as efficacious in the worlds' labor rooms and courtrooms despite being such a feeble medical modality. It also reviews the reasons professional organizations have failed to condemn the use of electronic fetal monitoring in courtrooms. The failures of tort reform, special cerebral palsy courts, and damage limits to stem the escalating litigation are discussed. Finally, the authors propose using a currently available evidence rule-the Daubert doctrine that excludes "junk science" from the courtroom-as the beginning of the end to cerebral palsy litigation and electronic fetal monitoring's 40-year masquerade as science. © The Author(s) 2014.

The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.

Science.gov (United States)

Steele, Sarah L; Gilmore, Anna B; McKee, Martin; Stuckler, David

2016-09-01

Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. © The Author 2015. Published by Oxford University Press on behalf of Faculty of Public Health.

After Halliburton: Event Studies and Their Role in Federal Securities Fraud Litigation

NARCIS (Netherlands)

J.E. Fisch (Jill); J.B. Gelbach (Jonah); J.M. Klick (Jonathan)

2016-01-01

markdownabstractEvent studies have become increasingly important in securities fraud litigation after the Supreme Court’s decision in Halliburton II. Litigants have used event study methodology, which empirically analyzes the relationship between the disclosure of corporate information and the

The Australian litigation landscape - oral and maxillofacial surgery and general dentistry (oral surgery procedures): an analysis of litigation cases.

Science.gov (United States)

Badenoch-Jones, E K; White, B P; Lynham, A J

2016-09-01

There are persistent concerns about litigation in the dental and medical professions. These concerns arise in a setting where general dentists are more frequently undertaking a wider range of oral surgery procedures, potentially increasing legal risk. Judicial cases dealing with medical negligence in the fields of general dentistry (oral surgery procedure) and oral and maxillofacial surgery were located using the three main legal databases. Relevant cases were analysed to determine the procedures involved, the patients' claims of injury, findings of negligence and damages awarded. A thematic analysis of the cases was undertaken to determine trends. Fifteen cases over a 20-year period were located across almost all Australian jurisdictions (eight cases involved general dentists; seven cases involved oral and maxillofacial surgeons). Eleven of the 15 cases involved determinations of whether or not the practitioner had failed in their duty of care; negligence was found in six cases. Eleven of the 15 cases related to molar extractions (eight specifically to third molar). Dental and medical practitioners wanting to manage legal risk should have regard to circumstances arising in judicial cases. Adequate warning of risks is critical, as is offering referral in appropriate cases. Preoperative radiographs, good medical records and processes to ensure appropriate follow-up are also important. © 2015 Australian Dental Association.

32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

Science.gov (United States)

2010-07-01

..., enforceable at law against the United States or the Department of Defense. C. Definitions 1. Demand. Subpoena.... Notwithstanding the provisions of paragraphs F.1.a. and b., the GC, DoD, in litigation involving terrorism...

The role of litigation in ensuring women's reproductive rights: an analysis of the Shanti Devi judgement in India.

Science.gov (United States)

Kaur, Jameen

2012-06-01

The struggle for reproductive self-determination has specific significance for women and girls in India, where a maternal death occurs every five minutes. This paper analyses the role litigation played in seeking redress for violations of the reproductive rights of Shanti Devi, who died in childbirth in 2010 in Haryana state, and some of the socio-economic, cultural, political and legal factors involved. It provides a brief overview of India's national and international obligations with regard to maternal health, and through the lens of the litigation in Shanti Devi's case, it examines how the government failed to protect, respect and fulfill her right to life and health. Litigation can be used to ensure accountability in further cases by building on case law, informing communities about these decisions and their rights, and holding government accountable at local, state and central level. Litigation also has limits, most importantly due to people's lack of awareness of their rights and entitlements, the lack of government outreach programmes informing them of these, and the lack of accountability mechanisms within health programmes when they are not transparent or functioning effectively. Thus, although constitutional justice is an important tool for democratic progress and social change, social justice will only be achieved through broader social struggle. Copyright © 2012 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

46 CFR 326.7 - Litigation.

Science.gov (United States)

2010-10-01

... INSURANCE UNDER AGREEMENTS WITH AGENTS § 326.7 Litigation. (a) If a court suit of a P&I nature is filed... insurance, the Agent shall immediately forward copies of the pleading and all other related legal documents... claim of a P&I nature, unless approved in advance by MARAD, and by the underwriter, where applicable...

The significance of radiological control documentation in litigation

International Nuclear Information System (INIS)

Lodde, G.M.; Murphy, T.D.

1988-01-01

Commercial nuclear facilities accumulate radiological control program data and documents generated and retained pursuant to regulatory, license, and technical specification requirements. During and following the Three Mile Island Unit 2 (TMI-2) accident, many documents were produced that would not normally have been produced. Shortly after the accident, the US Nuclear Regulatory Commission (NRC) issued an order requiring the retention of all data, including documentary material and physical samples relating to the TMI-2 accident (44 Fed. Reg. 30788, May 29, 1979). Three years later, the NRC vacated the requirement to retain catalogued physical samples, provided the radioactivity data had been properly recorded, allowing disposal of many samples. After the TMI-2 accident, GPU Nuclear Corporation (GPU) designed and implemented an effective and efficient record management program for TMI. This Computer-Assisted Records and Information Retrieval System (CARIRS) was developed to assess the official record for TMI, which is maintained as a microform. GPU also retains hard copies of selected radiological control documents for potential litigation. This paper describes the use of radiological control documentation in the postaccident litigation and the magnitude of document production required to support that litigation

Aggresive tax planning, beps and Litigation

Directory of Open Access Journals (Sweden)

José María LAGO MONTERO

2016-03-01

Full Text Available These article thinks about aggressive tax planning and the OECD plan BEPS to fight it, Base Erosion and Profit Shifting. It is also analysed the litigation that the simultaneus application general and specific antiabuse clauses would induced in the struggle againstfiscal avoid/evasion strategies.

THE DUALITY OF CREATIVITY AND TECHNOLOGY IN IS AND ISD ORGANIZATIONS

DEFF Research Database (Denmark)

Mengiste, Shegaw Anagaw; Ulrich, Frank

2014-01-01

Information Systems (IS) has become an increasing necessity in most organizations to achieve competitive advantages. In this article, we address the use of IS in creative sensemaking processes by presenting the notion of ergodic connections in the sensemaking process and a framework of the iterat......Information Systems (IS) has become an increasing necessity in most organizations to achieve competitive advantages. In this article, we address the use of IS in creative sensemaking processes by presenting the notion of ergodic connections in the sensemaking process and a framework...... of the iterative cycle of ideation and innovation in IS and ISD organizations. To create the framework, we have used Weick et al. (2005) view on sensemaking and Orlikowski's (1992) duality of technology theory. The theoretical framework, with the notion of ergodic connections suggests that sensemaking will cause...

22 Emergency department litigation and coroner's inquests: a ten year analysis.

Science.gov (United States)

Tilbury, Nicholas; Tabner, Andrew; Johnson, Graham

2017-12-01

The burden of litigation within the NHS should not be underestimated. Indemnity costs rise in response to the rising frequency and costs of claims, with recent changes to the discount rate projected to increase NHS Litigation Authority (NHSLA) costs by £1 Billion per year. Litigation also has a significant psychological impact on staff. This study represents the first examination of litigation and Coroner's 'Prevention of Future Deaths' reports relating to emergency department care in the UK. Using the Freedom of Information (FOI) Act (2000) we submitted data requests to both the NHSLA and the Ministry of Justice (MoJ).The NHSLA provided data concerning ED litigation claims between 2006 and 2015 including:Number of claims by yearNumber of successful and unsuccessful claims by yearNumber of settled claimsCost of claims (including defence costs, claimant costs and damages awarded)The MoJ provided data concerning PFD reports issued to EDs between 2006 and 2016. Data concerning PFD reports issued between 2012 and 2015 were extracted from the MoJ website. Data included:Report dateAge and gender of the deceasedReport summary RESULTS: The total number of ED litigation claims made between 2006 and 2015 was 10,040; 5745 (57.2%) resulted in a financial settlement. The number of claims successfully settled ranged from 382 in 2005/06 to 830 in 2014/15 with an upward trend throughout the decade. The mean cost of a successful claim was £114,029; increasing from £66 754 in 2005/06 to £1 41 027 in 2014/15, a 111% increase. Delay/failure in diagnosis was the most common cause for litigation (4318 [44.5%]) and PFD reports (15 [21%]).A total of 70 PFD reports were issued within the study period; there was no trend in the number of reports issued per year. The greatest number of reports were issued in 2014 (18), far exceeding any other year. Annual claim numbers have increased by 117% over the study period and mean claim cost has increased by 111% (far in excess of any rise

Drospirenone Litigation: Does the Punishment Fit the Crime?

Science.gov (United States)

Batur, Pelin; Casey, Petra M

2017-02-01

There has been much controversy in the scientific literature and lay press about the potential for increased relative risks (RRs) of venous thromboembolism associated with certain contraceptives over others. This commentary reviews the conflicting data on drospirenone's relative venous and arterial risks and summarizes the details of over two billion dollars in litigation surrounding the use of these products. The current legal environment supports litigation focused on small potential RRs, associated with even smaller absolute risks. The absolute risks of venous and arterial thrombotic events in drospirenone users are low and comparable to that of other combined hormonal contraceptives. Women should have access to a wide array of contraceptive choices, including those containing drospirenone.

Analysis of Playground Injuries and Litigation.

Science.gov (United States)

Frost, Joe L.

A study analyzed 82 cases of playground injuries and litigation (including 7 fatalities) in 28 states. In order of frequency, injuries happened in public schools, public parks, child care centers, apartment complexes, fast food restaurants, backyards, recreation camps, state parks, and state schools. Sixty-five percent of all injuries resulted…

Considering strategic litigation as an advocacy tool: a case study of the defence of reproductive rights in Colombia.

Science.gov (United States)

Roa, Mónica; Klugman, Barbara

2014-11-01

Women's Link Worldwide developed a test to determine when an environment is conducive to social change through strategic litigation. We first present our understanding of strategic litigation, and then discuss four conditions for successful and sustainable change using strategic litigation: (1) an existing rights framework; (2) an independent and knowledgeable judiciary; (3) civil society organizations with the capacity to frame social problems as rights violations and to litigate; and (4) a network able to support and leverage the opportunities presented by litigation. Next, we present examples from our work in Colombia that show how analysis of these conditions informed our litigation strategy when confronting a powerful public official who opposes reproductive rights. Two litigation strategies were adopted. The first case was not successful in the courts, but allowed us to introduce our message and build support amongst civil society. The second case built on this momentum and resulted in a victory. Strategic litigation is a powerful tool to advance rights as well as hold governments accountable and ensure compliance with human rights obligations. The strategies developed can be adapted for use in other contexts. We hope they inspire others to protect and promote reproductive rights through strategic litigation when women cannot fully enjoy their rights. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

76 FR 26682 - Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in Litigation

Science.gov (United States)

2011-05-09

...-2011-0025] Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in... Act of 2008 (RSIA), FRA is soliciting public comment on the issue of whether it is in the public... withhold from discovery or use in litigation in a Federal or State court proceeding for damages involving...

Acts of God, human influence and litigation

Science.gov (United States)

Marjanac, Sophie; Patton, Lindene; Thornton, James

2017-09-01

Developments in attribution science are improving our ability to detect human influence on extreme weather events. By implication, the legal duties of government, business and others to manage foreseeable harms are broadening, and may lead to more climate change litigation.

Analysis of Surgical Outcomes and Determinants of Litigation Among Women With Transvaginal Mesh Complications.

Science.gov (United States)

Zoorob, Dani; Karram, Mickey; Stecher, Anna; Maxwell, Rose; Whiteside, James

To identify litigation predictors among women with complications of transvaginal mesh. Chart review and patient survey were conducted among women who had undergone a complication-related explant of a transvaginal prolapse or incontinence sling mesh. Trained study personnel administered a 57-question survey addressing subjective complaints related to bowel, bladder, sexual dysfunction, and development of pain or recurrent prolapse. These data were analyzed with respect to the subject's reported pursuit of litigation related to the mesh complication. Categorical and continuous variables were analyzed using the χ test and the t test as indicated. Ninety-five (68%) of 139 women completed the surveys with 60% of the patients pursuing litigation at the time of the survey. Individual risk factors for pursuing litigation included development of vaginal pain after mesh placement (P = 0.01); dyspareunia after mesh placement (P = 0.01); persistence of dyspareunia, suprapubic pain, and groin pain after mesh excision (P = 0.04, P = 0.02, and P = 0.001, respectively); unsuccessful attempts at conservative management of pelvic pain using pelvic floor rehabilitation (P = 0.002). There is an association between a higher likelihood of pursuing litigation and new-onset or persistent pain symptoms attributable to transvaginal mesh.

Malpractice litigation following spine surgery.

Science.gov (United States)

Daniels, Alan H; Ruttiman, Roy; Eltorai, Adam E M; DePasse, J Mason; Brea, Bielinsky A; Palumbo, Mark A

2017-10-01

likely to result in a plaintiff verdict or settlement (43.7% vs 68.4%, p = 0.03) than a defense verdict, and were more likely to settle out of court (18.1% vs 36.8%, p = 0.04). Overall, 28% of cases (66/234) involved catastrophic complications. Physicians were more likely to lose cases (plaintiff verdict or settlement) with catastrophic complications (66.7% vs 37.5%, p 0.05). The average time to a decision for defendant verdicts was 5.1 years; for plaintiff rulings, 5.0 years; and for settlements, 3.4 years. CONCLUSIONS Delays in the diagnosis and the treatment of a surgical complication predict legal case outcomes favoring the plaintiff. Catastrophic complications are linked to large sums awarded to the plaintiff and are predictive of rulings against the physician. For physician defendants, the costs of settlements are significantly less than those of losing in court. Although this study provides potentially valuable data from a large series of postoperative litigation cases, it may not provide a true representation of all jurisdictions, each of which has variable malpractice laws and medicolegal environments.

Litigation as TB Rights Advocacy

Science.gov (United States)

2016-01-01

Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

ORGANIZATIONAL LEARNING IN RARE EVENTS: THE CASE OF LEARNING TO LITIGATE INTELLECTUAL PROPERTY (IP)

DEFF Research Database (Denmark)

Andersen, Kristina Vaarst; Beukel, Karin; Tyler, Beverly

This study proposes that firms can learn from previous litigations, despite litigation being a rare event. Firms learn because the verdicts are unambiguous and provide detailed and precise feedback on the linkages between argumentation, evidence and the outcome. Furthermore, firms’ successful app...

Assessing Impression Management With the MMPI-2 in Child Custody Litigation.

Science.gov (United States)

Arce, Ramón; Fariña, Francisca; Seijo, Dolores; Novo, Mercedes

2015-12-01

Forensic psychological evaluation of parents in child custody litigation is primarily focused on evaluating parenting capacity and underreporting. The biased responses of underreporting have been classified as Impression Management (IM) or as Self-Deceptive Positivity (S-DP), which are regarded to be conscious or unconscious in nature, respectively. A field study was undertaken to assess impression management on the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) in child custody cases, the accuracy of the MMPI-2 scales in classifying IM, and what parents in child custody litigation actually manipulate in terms of IM. A total of 244 parents in child custody litigation and 244 parents under standard instructions were administered the MMPI-2. The results revealed that the L, Mp, Wsd, and Od scales discriminated between both samples of parents; the rate of satisfactory classification (i.e., odds ratio ranged from 5.7 for Wsd to 23.3 for Od) and an incremental validity of Od over Mp and Wsd. As for the effects of IM, the results show IM effects in the Basic Clinical Scales, the Restructured Clinical Scales, the Personality Psychopathology Five Scales, the Content Scales, and the Supplementary Scales. The implications of the results are discussed in relation to the forensic evaluation of parents in child custody litigation. © The Author(s) 2014.

ISD97, a computer program to analyze data from a series of in situ measurements on a grid and identify potential localized areas of elevated activity

International Nuclear Information System (INIS)

Reginatto, M.; Shebell, P.; Miller, K.M.

1997-10-01

A computer program, ISD97, was developed to analyze data from a series of in situ measurements on a grid and identify potential localized areas of elevated activity. The ISD97 code operates using a two-step process. A deconvolution of the data is carried out using the maximum entropy method, and a map of activity on the ground that fits the data within experimental error is generated. This maximum entropy map is then analyzed to determine the locations and magnitudes of potential areas of elevated activity that are consistent with the data. New deconvolutions are then carried out for each potential area of elevated activity identified by the code. Properties of the algorithm are demonstrated using data from actual field measurements

Managing clinical negligence litigation and costs in the NHS.

Science.gov (United States)

Tingle, John

2016-11-24

John Tingle, Reader in Health Law, Nottingham Trent University, discusses recent Government proposals to improve NHS maternity services and make changes to litigation and patient safety investigation procedures.

Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities.

Science.gov (United States)

Hull, Helia Garrido

2016-01-01

This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary's response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

A story of scrutiny and fear: Australian midwives' experiences of an external review of obstetric services, being involved with litigation and the impact on clinical practice.

Science.gov (United States)

Hood, Laraine; Fenwick, Jennifer; Butt, Janice

2010-06-01

to describe Australian midwives' experiences of an external review of obstetric services, involvement in legal proceedings and the impact on midwives' clinical practice and personal wellbeing. the external review process (commonly referred to as the 'Douglas Inquiry') was initiated by a state government and was in response to hospital staff and consumer complaints that focused on anomalies in client care and a significantly high rate of adverse outcomes and clinical errors. It took place within the context of a number of legal proceedings against medical practitioners. As a result, some midwives employed by the hospital were called to give evidence at a variety of legal forums. a qualitative study using an explorative descriptive design. Snowball sampling was used to invite 16 Australian midwives to participate in a tape-recorded interview. Thematic analysis and the techniques associated with constant comparison were used to analyse the data. Australian maternity tertiary referral centre. the analysis identified two overarching themes, 'A story of scrutiny' and 'A story of fear', each with a number of subthemes. 'A story of scrutiny' consists of three subthemes. 'A cloak and dagger affair' reflects the midwives' sense of being and feeling 'exposed' and 'vulnerable' whilst simultaneously being 'kept in the dark' and uninformed during the review process. The subtheme 'Being thrown to the wolves' describes the midwives' experiences of being involved, as witnesses, in medico-legal proceedings. The third subtheme, 'The Inquiry followed them home' outlines the effect on midwives' emotional wellbeing and personal relationships. The second major theme, 'A story of fear' again consists of a number of subthemes. 'Feeling unsafe at work: a culture of fear' describes the midwives' experiences of working within an environment they perceive as driven by the fear of litigation. In order to protect themselves and maintain a sense of control, the midwives adopted a number of

28 CFR Appendix to Subpart B of... - Redelegation of Authority to the Deputy Assistant Attorney General for Litigation, Antitrust...

Science.gov (United States)

2010-07-01

... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... described in 28 CFR 16.21(a) is hereby redelegated to the Deputy Assistant Attorney General for Litigation...

Chronic pain, work performance and litigation.

Science.gov (United States)

Blyth, Fiona M; March, Lyn M; Nicholas, Michael K; Cousins, Michael J

2003-05-01

The overall population impact of chronic pain on work performance has been underestimated as it has often been described in terms of work-related absence, excluding more subtle effects that chronic pain may have on the ability to work effectively. Additionally, most studies have focussed on occupational and/or patient cohorts and treatment seeking, rather than sampling from the general population. We undertook a population-based random digit dialling computer-assisted telephone survey with participants randomly selected within households in order to measure the impact of chronic pain on work performance. In addition, we measured the association between pain-related disability and litigation. The study took place in Northern Sydney Health Area, a geographically defined urban area of New South Wales, Australia, and included 484 adults aged 18 or over with chronic pain. The response rate was 73.4%. Working with pain was more common (on an average 83.8 days in 6 months) than lost work days due to pain (4.5 days) among chronic pain participants in full-time or part-time employment. When both lost work days and reduced-effectiveness work days were summed, an average of 16.4 lost work day equivalents occurred in a 6-month period, approximately three times the average number of lost work days. In multiple logistic regression modelling with pain-related disability as the dependent variable, past or present pain-related litigation had the strongest association (odds ratio (OR)=3.59, P=0.001). In conclusion, chronic pain had a larger impact on work performance than has previously been recognised, related to reduced performance while working with pain. A significant proportion were able to work effectively with pain, suggesting that complete relief of pain may not be an essential therapeutic target. Litigation (principally work-related) for chronic pain was strongly associated with higher levels of pain-related disability, even after taking into account other factors

Public interest group involvement

International Nuclear Information System (INIS)

Shelley, P.

1986-01-01

Including public interest groups in the siting process for nuclear waste disposal facilities is of great importance. Controversial sitings often result in litigation, but involving public interest groups early in the process will lessen the change of this. They act as surrogates for the general public and should be considered as members of the team. It is important to remember though, that all public interest groups are different. In choosing public panels such as public advisory committees, members should not be chosen on the basis of some quota. Opposition groups should not be excluded. Also, it is important to put the right person in charge of the committee. The goal of public involvement is to identify the conflicts. This must be done during the decision process, because conflicts must be known before they can be eliminated. Regarding litigation, it is important to ease through and around legal battles. If the siting process has integrity and a good faith effort has been shown, the court should uphold the effort. In addition, it is important to be negotiable and to eliminate shortcuts

Poor Agreement Among Expert Witnesses in Bile Duct Injury Malpractice Litigation An Expert Panel Survey

NARCIS (Netherlands)

de Reuver, Philip R.; Dijkgraaf, Marcel G. W.; Gevers, Sjef K. M.; Gouma, Dirk J.

2008-01-01

Objective: To determine the inter-rater agreement of expert witness testimonies in bile duct injury malpractice litigation. Background Data: Malpractice litigation is an increasing concern in modem surgical practice. As most of the lawyers are not educated in medicine, expert witnesses are asked to

Poor agreement among expert witnesses in bile duct injury malpractice litigation: an expert panel survey.

NARCIS (Netherlands)

Reuver, P.R. de; Dijkgraaf, M.G.; Gevers, S.K.; Gouma, D.J.; Bleichrodt, R.P.; Cuesta, M.A.; Erp, W.F. van; Gerritsen, J.; Hesselink, E.J.; Laarhoven, C.J.H.M. van; Lange, J. de; Obertop, H.; Stassen, L.P.; Terpstra, O.T.; Tilanus, H.W.; Vroonhoven, T.J.; Wit, L. de

2008-01-01

OBJECTIVE: To determine the inter-rater agreement of expert witness testimonies in bile duct injury malpractice litigation. BACKGROUND DATA: Malpractice litigation is an increasing concern in modern surgical practice. As most of the lawyers are not educated in medicine, expert witnesses are asked to

[Litigation and the right to health in Argentina].

Science.gov (United States)

Gotlieb, Verónica; Yavich, Natalia; Báscolo, Ernesto

2016-01-01

This article explores the characteristics of lawsuits for obtaining access to healthcare through the Argentine Supreme Court and reflects on the potential to influence health rights and equity in a context of growing litigation. An analysis of documents from 125 lawsuits with verdicts issued from 1994 to 2013 showed a majority of individual claims (88% of claimants were individual physical persons), and of claimants covered by social security or private insurance (64%) with typical private legal counsel (87% claiming coverage of a medical service). 75% of the verdicts simply ordered the provision of the claimed health services, without highlighting failures in the healthcare system or mandating measures to promote equity and guarantee the right to health for other persons subject to the same situation as the claimant. Thus far, litigation in health has failed to actively promote either health equity, the right to health, or inter-institutional dialogue.

Financing Educational Facility Construction: Prevailing Wage Litigation.

Science.gov (United States)

Goldblatt, Steven M.; Wood, R. Craig

This chapter presents an up-to-date analysis of prevailing state wage laws that affect educational facility construction or renovation and highlights relevant prevailing wage litigation in many states. Currently, 13 states have no prevailing wage laws for public works. The other 37 states and the District of Columbia do have prevailing wage laws…

Beyond Litigation: The Need for Creativity in Working to Realise Environmental Rights

Directory of Open Access Journals (Sweden)

Lisa Chamberlain

2017-06-01

Full Text Available Environmental harm is one of the biggest challenges facing communities living in poverty across the world. Unfortunately, in developing strategies to combat environmental harm, the lawyers that support such communities often tend to focus purely on litigation. Yet there are many reasons why litigation is not ideally suited to the environmental context. These reasons include the need for speed in order to avert irreversible harm quickly, the difficulty in quantifying and proving environmental harm using conventional legal tests, the very technical subject matter with which judges are often unfamiliar and the challenge of securing scientific experts. Fortunately litigation is not the only option, and a wealth of alternative strategies to realise environmental rights exist. Using the campaign to protect the Mapungubwe World Heritage Site in South Africa as a case study, this article will examine three such alternatives: namely the linkages between advocacy campaigns and company share price, community learning exchanges and an interesting model for collaboratively monitoring compliance by mining companies.

Litigation-proof patents: avoiding the most common patent mistakes

National Research Council Canada - National Science Library

Goldstein, Larry M

2014-01-01

"Litigation-Proof Patents: Avoiding the Most Common Patent Mistakes explains the principles of excellent patents, presents the ten most common errors in patents, and details a step-by-step method for avoiding these common errors...

Are litigation and collective bargaining complements or substitutes for achieving gender equality? A study of the British Equal Pay Act

OpenAIRE

Simon Deakin; Sarah Fraser Butlin; Colm McLaughlin; Aleksandra Polanska

2015-01-01

We present a socio-legal case study of the recent equal pay litigation wave in Britain, which saw an unprecedented increase in the number of claims, triggered in part by the entry of no-win, no-fee law firms into this part of the legal services market. Although the rise in litigation led to greater adversarialism in pay bargaining, litigation and collective bargaining mostly operated as complementary mechanisms in advancing an equality agenda. Litigation may be a more potent agent for socia...

MEDICINAL CANNABIS LAW REFORM: LESSONS FROM CANADIAN LITIGATION.

Science.gov (United States)

Freckelton, Ian

2015-06-01

This editorial reviews medicinal cannabis litigation in Canada's superior courts between 1998 and 2015. It reflects upon the outcomes of the decisions and the reasoning within them. It identifies the issues that have driven Canada's jurisprudence in relation to access to medicinal cannabis, particularly insofar as it has engaged patients' rights to liberty and security of the person. It argues that the sequence of medicinal schemes adopted and refined in Canada provides constructive guidance for countries such as Australia which are contemplating introduction of medicinal cannabis as a therapeutic option in compassionate circumstances for patients. In particular, it contends that Canada's experience suggests that strategies calculated to introduce such schemes in a gradualist way, enabling informed involvement by medical practitioners and pharmacists, and that provide for safe and inexpensive accessibility to forms of medicinal cannabis that are clearly distinguished from recreational use and unlikely to be diverted criminally maximise the chances of such schemes being accepted by key stakeholders.

An insight into medical malpractice and litigation | Aimakhu ...

African Journals Online (AJOL)

Medical malpractice otherwise known as a breach of professional obligation and negligence of duty by medical practitioners has been identified as the major cause of emerging medical litigation in Nigeria. Medical personnel must be aware in their practice that patients are becoming more aware of their rights. The public ...

48 CFR 352.233-71 - Litigation and claims.

Science.gov (United States)

2010-10-01

... the action in good faith. The Government shall not be liable for the expense of defending any action... compensated by insurance which was required by law or regulation or by written direction of the Contracting... FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Texts of Provisions and Clauses 352.233-71 Litigation...

School Finance Litigation in a Post-Rodriguez Era

Science.gov (United States)

Browning, R. Stephen

1974-01-01

Summarizes the pertinent rulings of the U.S. Supreme Court in Rodriguez, examines the impact of Rodriguez on future education reform litigation in Federal courts, discusses the potential impact that Rodriguez will have on law suits challenging tax related education inequalities, and examines the impact of the Rodriguez decision on State court…

Plagiarism Litigation Trends in the USA and Australia

Science.gov (United States)

Mawdsley, Ralph D.; Cumming, J. Joy

2008-01-01

In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources,…

Litigations and the Obstetrician in Clinical Practice | Adinma | Annals ...

African Journals Online (AJOL)

Litigation in obstetrics can be prevented through the Obstetrician's mindfulness of its possibility; acquainting themselves of the medical laws and guidelines related to their practice; ensuring adequate communication with, and consent of patients during treatment together with proper and correct documentation of cases.

Supplanting the Venom of Litigation with Alternative Dispute Resolution: The Role of Counsellors and Guidance Professionals

Science.gov (United States)

Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

2015-01-01

This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the…

Informed Consent Obtainment, Malpractice Litigation, and the Potential Role of Shared Decision Making Approaches

DEFF Research Database (Denmark)

Birkeland, Søren

2015-01-01

of the iceberg as lack of patient ‘ownership’ of the DM is not always exposed or may be explicated otherwise (alleged substandard behavior or surgery etc). SDM approaches possibly may sometimes prevent IC duty breaches, assist documenting the DM process, and reduce litigation occurrence.......Internationally, there is increasing recognition of Shared Decision Making (SDM) and Decision Aids (DAs) as measures to increase patient involvement in – and satisfaction with - decision making (DM), improve health care communication, and address bioethical autonomy principles and informed consent...... search term ‘consent’; 15th May 2015). Among 3291 lawsuits, 229 with explicit IC judgments were found. They mostly concerned the hospital sector (179; 78%) and commonly involved surgery (69), gyn/obstetrics (33), and gen. medicine (20; incl, eg, cardiology). 21 affected minor patients and 36 were cancer...

Legal process, litigation, and judicial decisions.

Science.gov (United States)

Beresford, H Richard

2013-01-01

Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

Does litigation increase or decrease health care quality? A national study of negligence claims against nursing homes

Science.gov (United States)

Stevenson, David G.; Spittal, Matthew J.; Studdert, David M.

2016-01-01

Background The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. Objective To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. Research Design, Subjects, Measures We linked information on 6,471 negligence claims brought against 1,514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from two U.S. national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes’ litigation experience in the preceding 12–18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Results Nearly all combinations of the 3 litigation exposure measures and 9 quality measures—27 models in all—showed an inverse relationship between litigation costs and quality. However only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Conclusions Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly. PMID:23552438

Does litigation increase or decrease health care quality?: a national study of negligence claims against nursing homes.

Science.gov (United States)

Stevenson, David G; Spittal, Matthew J; Studdert, David M

2013-05-01

The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. We linked information on 6471 negligence claims brought against 1514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from 2 US national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes' litigation experience in the preceding 12-18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥ 1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Nearly all combinations of the 3 litigation exposure measures and 9 quality measures--27 models in all--showed an inverse relationship between litigation costs and quality. However, only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly.

Medical Litigation Across Specialties

LENUS (Irish Health Repository)

Murphy, JFA

2013-07-01

Medical negligence is a major cause of fear and anxiety for doctors. The threat of malpractice consists of 3 factors, the risk of a claim, the probability of a claim leading to a payment, and the size of the payment. The Clinical Indemnity Scheme (CIS) insures against indemnity payments but it cannot protect the doctor against the indirect consequences of litigation including stress, the long hours mounting a defence against the allegation, and the damage to one’s reputation. The adversarial tort system focuses on punishment, blame and compensation. The emotional anguish and potential damage to the doctor’s reputation can be considerable. Doctors subjected to malpractice suits regardless of the outcome may experience depression, anger, frustration and excessive use of alcohol

MMPI-2-RF Characteristics of Custody Evaluation Litigants

Science.gov (United States)

Archer, Elizabeth M.; Hagan, Leigh D.; Mason, Janelle; Handel, Richard; Archer, Robert P.

2012-01-01

The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that…

The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

Science.gov (United States)

Chilton, Bradley; Chwialkowski, Paul

2014-01-01

Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

Refractive Surgery: Malpractice Litigation Outcomes.

Science.gov (United States)

Custer, Benjamin L; Ballard, Steven R; Carroll, Robert B; Barnes, Scott D; Justin, Grant A

2017-10-01

To review data on malpractice claims related to refractive surgery to identify common allegations and injuries and financial outcomes. The WestlawNext database was reviewed for all malpractice lawsuits/settlements related to refractive eye surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes. A total of 167 cases met the inclusion criteria, of which 108 cases (64.7%) were found to be favorable and 59 cases (35.3%) unfavorable to the defendant. A total of 141 cases were tried by a jury with 108 cases (76.4%) favorable and 33 cases (23.6%) unfavorable to the defendant. Laser in situ keratomileusis was performed in 127 cases (76%). The most common allegations were negligence in treatment or surgery in 127 cases (76%) and lack of informed consent in 83 cases (49.7%). For all cases, the need for future surgery (P = 0.0001) and surgery resulting in keratoconus (P = 0.05) were more likely to favor the plaintiff. In jury verdict decisions, cases in which failure to diagnose a preoperative condition was alleged favored the defendant (P = 0.03), whereas machine malfunction (P = 0.05) favored the plaintiff. After adjustment for inflation, the overall mean award was $1,287,872. Jury verdicts and settlements led to mean awards of $1,604,801 and $826,883, respectively. Malpractice litigation in refractive surgery tends to favor the defendant. However, large awards and settlements were given in cases that were favorable to the plaintiff. The need for future surgery and surgery leading to keratoconus increased the chance of an unfavorable outcome.

The Expected Net Present Value of Developing Weight Management Drugs in the Context of Drug Safety Litigation.

Science.gov (United States)

Chawla, Anita; Carls, Ginger; Deng, Edmund; Tuttle, Edward

2015-07-01

Following withdrawals, failures, and significant litigation settlements, drug product launches in the anti-obesity category slowed despite a large and growing unmet need. Litigation concerns, a more risk-averse regulatory policy, and the difficulty of developing a product with a compelling risk-benefit profile in this category may have limited innovators' expected return on investment and restricted investment in this therapeutic area. The objective of the study was to estimate perceived manufacturer risk associated with product safety litigation and increased development costs vs. revenue expectations on anticipated return on investment and to determine which scenarios might change a manufacturer's investment decision. Expected net present value of a weight-management drug entering pre-clinical trials was calculated for a range of scenarios representing evolving expectations of development costs, revenue, and litigation risk over the past 25 years. These three factors were based on published estimates, historical data, and analogs from other therapeutic areas. The main driver in expected net present value calculations is expected revenue, particularly if one assumes that litigation risk and demand are positively correlated. Changes in development costs associated with increased regulatory concern with potential safety issues for the past 25 years likely did not impact investment decisions. Regulatory policy and litigation risk both played a role in anti-obesity drug development; however, product revenue-reflecting efficacy at acceptable levels of safety-was by far the most important factor. To date, relatively modest sales associated with recent product introductions suggest that developing a product that is sufficiently efficacious with an acceptable level of safety continues to be the primary challenge in this market.

THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS

Directory of Open Access Journals (Sweden)

ADRIANA ELENA BELU

2012-05-01

Full Text Available The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.

Educational Adequacy Litigation in the American South: 1973-2009

Science.gov (United States)

Dishman, Mike; Redish, Traci

2010-01-01

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

They would if they could: class, gender, and popular representation of English divorce litigation, 1858-1908.

Science.gov (United States)

Savage, Gail

2011-01-01

A systematic sample of the petitions presented to the English Divorce Court from 1858 through 1908 makes it possible to assess the differential contribution of discrete social and economic subgroups to the litigation the Court oversaw. An examination of four of these -- the titled aristocracy, those employed in the theater, those in receipt of financial aid, and laborers -- shows that English divorce litigants exhibited a broader social profile than commonly attributed to it by the newspaper coverage of divorce litigation, which gave a skewed impression of its social profile. Analysis of these cases underscores the gendered, class, and geographically inflected demand for divorce in a judicial setting that imposed severe restrictions on access to divorce as a remedy for marital breakdown.

Public Litigation and the Concept of “Deference” in Judicial Review

Directory of Open Access Journals (Sweden)

Abraham Klaasen

2015-12-01

Full Text Available The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to be considered by that court. The Constitution makes it clear that courts are independent and subject only to the Constitution and the law. All persons to whom and organs of state to which a court order or decision applies are bound by it. It is important that the courts employ a standard of judicial review that is compatible with constitutional principles and values. The Constitutional Court subscribes to a standard of “deference” in judicial review. This principle recognises the need to protect the institutional character of each of the three arms of government in a manner that will prevent their ability to discharge their constitutional role being undermined. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. Around the world, litigation or judicial review has become immensely popular as a treatment for the pains of modern governance. South Africa is no exception to this phenomenon. This activism by litigation consists of efforts to promote, impede, or direct social, political, economic, or environmental change, or stasis. Organisations and individuals often disregard or distrust the political process and approach the courts to advance their own interest and to protect their own rights. Litigants seek to enforce constitutional principles and values that affect others as directly as them and that are valued for moral or political reasons and are independent of economic

The Tobacco Industry’s Abuse of Scientific Evidence and Activities to Recruit Scientists During Tobacco Litigation

Directory of Open Access Journals (Sweden)

Sungkyu Lee

2016-01-01

Full Text Available South Korea’s state health insurer, the National Health Insurance Service (NHIS, is in the process of a compensation suit against tobacco industry. The tobacco companies have habitually endeavored to ensure favorable outcomes in litigation by misusing scientific evidence or recruiting scientists to support its interests. This study analyzed strategies that tobacco companies have used during the NHIS litigation, which has been receiving world-wide attention. To understand the litigation strategies of tobacco companies, the present study reviewed the existing literature and carried out content analysis of petitions, preparatory documents, and supporting evidence submitted to the court by the NHIS and the tobacco companies during the suit. Tobacco companies misrepresented the World Health Organization (WHO report’s argument and misused scientific evidence, and removed the word “deadly” from the title of the citation. Tobacco companies submitted the research results of scientists who had worked as a consultant for the tobacco industry as evidence. Such litigation strategies employed by the tobacco companies internationally were applied similarly in Korean lawsuits. Results of tobacco litigation have a huge influence on tobacco control policies. For desirable outcomes of the suits, healthcare professionals need to pay a great deal of attention to the enormous volume of written opinions and supporting evidence that tobacco companies submit. They also need to face the fact that the companies engage in recruitment of scientists. Healthcare professionals should refuse to partner with tobacco industry, as recommended by Article 5.3 of the WHO Framework Convention on Tobacco Control.

Testing the Immunity of the Firearm Industry to Tort Litigation.

Science.gov (United States)

Studdert, David M; Donohue, John J; Mello, Michelle M

2017-01-01

In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

Les litiges fonciers et la marginalisation des jeunes stimulent le ...

International Development Research Centre (IDRC) Digital Library (Canada)

28 avr. 2016 ... Selon de nouvelles recherches, la violence chez les jeunes et les litiges fonciers, qui ont migré des communautés rurales aux quartiers pauvres des villes, sont les principaux vecteurs de violence et de criminalité en Côte d'Ivoire.

75 FR 30106 - Terrorism Risk Insurance Program; Litigation Management Submissions

Science.gov (United States)

2010-05-28

... DEPARTMENT OF THE TREASURY Terrorism Risk Insurance Program; Litigation Management Submissions... U.S.C. 3506(c)(2)(A)). Currently, the Terrorism Risk Insurance Program Office is seeking comments... or by mail (if hard copy, preferably an original and two copies) to: Terrorism Risk Insurance Program...

INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY

Directory of Open Access Journals (Sweden)

Anca Magda VOICULESCU

2018-05-01

Full Text Available In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state of destination and other different measures concerning the child which fall within the area of parental authority (joint or exclusive. The purpose of the article is to analyze the interaction between the international and the national case and how they influence each other from a double perspective (procedural and substantial, taking into account that the two litigations are generally pending at the same time. Even the mere coexistence of the two litigations gives rise to the question which one should have priority in solving. Therefore, the objectives of this study are, on the one hand, to examine the implications in the domestic litigation of the decision pronounced in the Hague litigation (international competence, suspension of the national case, elements which are covered by the res judicata principle, and on the other hand to identify how a national decision on domicile and parental authority may influence the solution in the Hague case.

Incorporating Environmental Regulation and Litigation in Earth Science Curriculum

Science.gov (United States)

Flegal, A. R.

2004-12-01

Fundamental knowledge of geological processes is not only needed for effective environmental regulation and litigation, but Earth Science students find that relevance motivating in their studies of those processes. Crustal abundance and redox reactions suddenly become personally meaningful when they are used to account for the presence of high levels of carcinogenic Cr(VI) in the students' drinking water. Similarly, epithermal mercury deposits and the element's speciation gain new importance when they are related to the warning signs on the consumption of fish that the students catch and eat. And even those students that are not motivated by these, and many other, applications of geology find solace in learning that anthropogenic perturbations of the global lead cycle may partially account for their short attention span, lack of interest, and inability to learn the material. Consequently, a number of courses in environmental toxicology and ground water contamination have been developed that are based on (1) case studies in environmental regulation and litigation and (2) active student participation as "expert witnesses" opining on the scientific basis of environmental decisions.

Legal advocacy and nuclear power: the impact of litigation on the Midland nuclear plant

International Nuclear Information System (INIS)

Cook, C.E.

1979-01-01

The use of litigation as an interest-group strategy is analyzed in relation to the controversy over the development of nuclear power. An assessment is made of the impact of the judicial process, with the litigation involving the Midland, Michigan, nuclear plant serving as a representative case study. In the construction permit hearings for the Midland nuclear plant, which began in 1970, the interest groups were Consumers Power Company, a Michigan utility, and the Saginaw and Mapleton Intervernors, environmentalists dwelling near the proposed plant site. The Nuclear Regulatory Commission issued a construction permit for the plant after a two-year licensing process, but the environmental groups appealed the permit to the United States Court of Appeals for the District of Columbia Circuit. In 1976, the permit was remanded by the court to the Commission for reconsideration, and Consumers Power Company appealed that decision. In 1978, the Supreme Court handed down a unanimous and definitive opinion, Consumers Power Company vs Aeschliman, that upheld the Commission's original issuance of the construction plant. The Midland case well illustrates the detrimental impact that legal advocacy has had on atomic energy by prolonging the regulatory process. The positive consequences of the Court ruling favoring the utility's position were outweighed by the expense involved in the initial ten years of thelicensing and subsequent lawsuits concerning the Midland plant. Consequently, Consumers Power Company is representative of most other American electric companies in its determination that it cannot build additional nuclear plants without mitigation of the uncertainty and duration of the regulatory process. Thus, it may be concluded that the environmental groups' use of legal advocacy at Midland and elsewhere has proven to be an effective strategy for undermining the nuclear industry and for deterring the future development of nuclear power

Experiences in Radiation Litigation

International Nuclear Information System (INIS)

Jose, D.E.

2002-01-01

Approximately 20 years ago three events in the United States caused a significant increase in lawsuits filed by persons who claimed to have been injured from exposure to ionizing radiation. I have had some involvement in each of them. One event was the lawsuit filed by Karen Silkwood against Kerr McGee arising out of plutonium that had been found in her home. The Silkwood story became a popular movie and sensitized radiation workers to alleged injury from work related exposures. I participated in the United States Department of Justice amicus brief to the United States Supreme Court and attended that oral argument in the Supreme Court. The second event was a series of litigations filed against the United States by persons who had either been soldiers at the above ground testing of nuclear weapons (the so called a tomic soldiers ) or had been residents living downwind from the place where the bombs were exploded (the so called d ownwinders ) . I was responsible for defending many of these lawsuits as an attorney in the United States Department of Justice. The third event was the accident at Three Mile Island. Thousands of lawsuits were filed by nearby residents. After I entered private practice, I worked on those cases for some years. These three events served to stimulate an increase in cases filed because persons believe that their current illness was caused by some prior exposure to radiation. Most recently I have been defending lawsuits filed by persons who once worked at commercial nuclear power plants and now have some type of cancer. Over these 20 years I have won about 30 cases involving about 50 plaintiffs. In none of these cases was it likely that the person's cancer was caused by his radiation exposure. In fact, the plaintiff's dose was generally less than the average person's lifetime dose from diagnostic x-rays. There is a way in this mixed field of law and science to develop basic rules by which the legal system can quite easily distinguish between a

75 FR 1751 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Science.gov (United States)

2010-01-13

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

75 FR 13076 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Science.gov (United States)

2010-03-18

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Department of Justice's actions in the New Black Panther Party Litigation and enforcement of Section 11(b) of...

75 FR 7441 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Science.gov (United States)

2010-02-19

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

Open Assessment of Proofs in Litigation

Directory of Open Access Journals (Sweden)

Kaltrina Zekolli

2017-01-01

Full Text Available The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve that, are the institutions of justice, rather the courts. Courts are competent to find the right path towards the truth applying different methods with intention to satisfy the justice. In this paper special attention we dedicated to the method of open assessment of proofs in litigation, that in fact is the subject of this research.

Situating Urgenda v the Netherlands within comparative climate change litigation

NARCIS (Netherlands)

Roy, Suryapratim; Woerdman, Edwin

2016-01-01

This article situates the judgement of The Hague District Court in Urgenda Foundation v the Kingdom of the Netherlands within the life of global climate change litigation. To do so, the paper concentrates on the legal particulars of Dutch law, elements of ‘diffused’ jurisprudence from other

Legislation and litigation related to low-level radiation injury claims

International Nuclear Information System (INIS)

McCraw, T.

1985-01-01

Current legislation and litigation related to radiation exposure will have an enormous impact on the radiation protection and monitoring requirements of the future. A brief review of some proposed injury compensation bills for veterans and a recent court decision for low-level radiation injury claims are reviewed

Closed medical negligence claims can drive patient safety and reduce litigation.

Science.gov (United States)

Pegalis, Steven E; Bal, B Sonny

2012-05-01

Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

Public litigation and the concept of “deference” in judicial review ...

African Journals Online (AJOL)

All persons to whom and organs of state to which a court order or decision applies ... Litigants seek to enforce constitutional principles and values that affect others ... a threat to constitutional principles and values enshrined in the Constitution.

Mitigating Litigation for Adventure Recreation Operators: The Ski Safety Act

Science.gov (United States)

Brgoch, Shea; Lower, Leeann M.

2017-01-01

Adventure tourism is a rapidly growing segment of the tourism industry, which can be regarded as specific activities that are alluring for their uncertain and potentially dangerous outcomes. Risk-taking attitudes and behaviors may be common among adventure recreationists and increase the potential for litigation against recreation operators. In…

Assessing the Role of the Courts in Addressing the Educational Problems Caused by Racial Isolation in School Finance Litigation

Science.gov (United States)

Green, Preston C., III.

2013-01-01

Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

Litigations in Medical Practice | A O | Nigerian Journal of Family ...

African Journals Online (AJOL)

Litigations arising as a result of the routine practice of medicine and healthcare delivery are fairly common problems in developed nations of the world. Health personnel are human beings who are not completely infallible to acts of omission and commission with serious legal consequences. There is therefore no health ...

Oral law in litigation in South Africa: An evidential nightmare ...

African Journals Online (AJOL)

In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law ...

Some aspects of education litigation since 1994: Of hope, concern ...

African Journals Online (AJOL)

Hennie

Their responses to our questions reflected hope, but also concern, and even despair. ... A thorough examination of litigation since 1994 may yield important and significant benefits for education ... We did not analyse cases or law critically, nor did we attempt to assess the .... advisers also have to certify bills before they go to.

Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

Science.gov (United States)

Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

2017-08-15

Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

Litigation and new technologies in post-conventional societies

OpenAIRE

Bannwart Junior, Clodomiro José; Oléa, Carlos Frederico

2012-01-01

The increase in the volume of litigation verified since the 1990’s, having the Brazilian society as context, made the judiciary open itself to new technologies which facilitate the access to justice, as well as to a faster resolution of the demands. However, the intense insertion of technical rationalization in the process and decision operations by the judiciary, during the last years, led to a legalization supported by presuppositions of technical-instrumental regulation. According to the g...

Litigants in Person in Private Family Law Cases

OpenAIRE

Trinder, L.; Hunter, R.; Hitchings, E.; Miles, J.; Smith, L.; Moorhead, R.; Sefton, M.; Hinchly, V.; Pearce, J.; Bader, K.

2014-01-01

This study was designed to develop the evidence base on litigants in person in private family law cases, including their behavioural drivers, experiences and support needs, and impact on the court prior to the implementation of legal aid reforms in April 2013. Fieldwork was conducted between January and March 2013. The study delivered primarily qualitative evidence. The researchers sampled 151 private law family cases where a hearing was observed, the court file examined and parties and p...

Practical Obstacles in Cross-Border Litigation and Communication between (EU) Courts

NARCIS (Netherlands)

A. Stadler (Astrid)

2013-01-01

markdownabstract__Abstract__ In cross-border civil litigation the use of different official court languages causes severe problems when - at least one of the parties - is not familiar with the official language of the court, since the parties' constitutional right to a fair trial depends very

Transnational Litigation and Commercial Arbitration

DEFF Research Database (Denmark)

Lookofsky, Joseph; Hertz, Ketilbjørn

Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited...... and annotated by the authors. This 3rd Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009....

Transnational Litigation and Commercial Arbitration

DEFF Research Database (Denmark)

Lookofsky, Joseph; Hertz, Ketilbjørn

Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited...... and annotated by the authors. This 4th Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009, and the EU Brussels Regulation (recast), 2012....

INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY

OpenAIRE

Anca Magda VOICULESCU

2018-01-01

In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state of destination and other different measures concerning the child which fall within the area of parental authority (joint or ...

Group Litigation in European Competition Law: A Law and Economics perspective

NARCIS (Netherlands)

S.E. Keske (Sonja)

2009-01-01

textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the

The Settlement of Litigations Arising from the Interpretation and Enforcement of Administrative Contracts

Directory of Open Access Journals (Sweden)

Vasilica NEGRUŢ

2015-03-01

Full Text Available Regarded nowadays as an instrument of strategy implementation of government policy and establishment mechanism of public administration, the administrative contract raises many debates on its applicable regime, but also on the jurisdiction, to solve litigations arising from their interpretation and execution. In this paper we proposed, based on the analysis of the laws in force, doctrine, jurisprudence, and previous research results related to the subject, using the comparative method, to clarify the mentioned issues. The conclusions of this paper will strengthen the practice on the referral of courts competent to solve litigations arising from the implementation of the administrative contracts in the context where the administrative contract has profound implications in the administrative, economic and social field.

Alternatives to litigation for health care conflicts and claims: alternative dispute resolution in medicine.

Science.gov (United States)

Dauer, Edward A

2002-12-01

Health care has undergone radical changes, and it may be predicted that further changes are in the offing as the burdens and the benefits of the newer configurations become known. Change in any system stresses it, creating opportunities for conflict as people and organizations adjust to new realities and encounter changed expectations. The opportunities for conflict in health care (and legal conflict with it), therefore, have been and will continue to be a measurable part of health care's daily life. Many of these conflicts can be managed through one or another of the several forms of ADR. Some ADR procedures are most productive when used as alternatives to impending litigation. Others may be employed when litigation is not likely but when the persistence of conflict, such as that within a newly structured provider organization, would otherwise take its toll on the productivity of the organization and those who work within it. The challenge in using ADR for any of these problems is similar to what physicians understand as differential diagnosis. A good therapy applied to the wrong case yields a bad result. The world of ADR has matured to the point at which the salient features of both cases and procedures are well-enough understood to allow for low-risk and high-benefit applications. This is particularly true for disputes involving allegations of medical error, where the indicators of efficacy are very positive and the risks to safety are comfortably low. Mediation in particular, but mediation of the interest-based style rather than the settlement conference style, deserves fuller consideration and broader use.

IgG4-related systemic disease of the pancreas with involvement of the lung: a case report and literature review

Directory of Open Access Journals (Sweden)

Hurley JR

2013-08-01

Full Text Available IgG-related systemic disease (ISD remains exceedingly rare and unfamiliar, particularly extrapancreatic disease. We report a patient with separate presentations of IgG4 pulmonary disease and recurring IgG4 related biliary sclerosis and pancreatitis. Because of the intricate and perplexing pathogenesis, overlapping organ systems and wide variation in disease presentation, ISD in its entirety remains undefined. Accurate identification of ISD is critical to avoid permanent organ damage especially since treatment is nearly always successful with corticosteroids. As recognition and awareness of this disease grows, development of standard diagnostic criteria and treatment plans are needed.

Clinical negligence in foot and ankle surgery: A 17-year review of claims to the NHS Litigation Authority.

Science.gov (United States)

Ring, J; Talbot, C L; Clough, T M

2014-11-01

We present a review of litigation claims relating to foot and ankle surgery in the NHS in England during the 17-year period between 1995 and 2012. A freedom of information request was made to obtain data from the NHS litigation authority (NHSLA) relating to orthopaedic claims, and the foot and ankle claims were reviewed. During this period of time, a total of 10 273 orthopaedic claims were made, of which 1294 (12.6%) were related to the foot and ankle. 1036 were closed, which comprised of 1104 specific complaints. Analysis was performed using the complaints as the denominator. The cost of settling these claims was more than £36 million. There were 372 complaints (33.7%) involving the ankle, of which 273 (73.4%) were related to trauma. Conditions affecting the first ray accounted for 236 (21.4%), of which 232 (98.3%) concerned elective practice. Overall, claims due to diagnostic errors accounted for 210 (19.0%) complaints, 208 (18.8%) from alleged incompetent surgery and 149 (13.5%) from alleged mismanagement. Our findings show that the incorrect, delayed or missed diagnosis of conditions affecting the foot and ankle is a key area for improvement, especially in trauma practice. ©2014 The British Editorial Society of Bone & Joint Surgery.

Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

DEFF Research Database (Denmark)

Lookofsky, Joseph

In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business...... or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast...

Higher value in litigation for nuclear power plant proceedings

International Nuclear Information System (INIS)

Anon.

1976-01-01

The administrative court of Bavaria has rejected in its ruling of 19th August 1976 - No. 117 VI 76 - an appeal against the fixing of the value in litigation according to the judgment of the administrative court in Wuerzburg of 10th March 1976, and it has confirmed DM 20,000 as the disputed sum. The essential points of the grounds upon which the rejection is based are presented. (orig./HP) [de

MOYENS ALTERNATIFS DE RÈGLEMENT DES LITIGES: REALITÉS, PERSPECTIVES ET ENJEUX EUROPÉENS

Directory of Open Access Journals (Sweden)

Angelica ROŞU

2006-01-01

Full Text Available In Europe, the development of alternative dispute resolution is related to many circumstances.ADR techniques are being used more and more, as parties and lawyers and courts realize that these techniques can often help them resolve legal disputes faster and cheaper and more privately than can conventional litigation. More- over, many people prefer ADR approaches because they see these methods as being more creative and more focused on problem solving than litigation, which has always been based on an adversarial model.Although certain ADR techniques are well established and frequently used — for example, mediation and arbitration — alternative dispute resolution has no fixed definition.The definition of alternative dispute resolution is constantly expanding to include new techniques.

Importance of health physics records in litigation

International Nuclear Information System (INIS)

Forbes, J.L.

1982-01-01

The nuclear insurance pools, through American Nuclear Insurers (ANI) and the Mutual Atomic Energy Liability Underwriters (MAELU), have been providing the third-party liability insurance required of the nuclear industry by the Price-Anderson Act since 1957. Records of claims of radiation injury have been kept for twenty-five years, and a recent upsurge of the claim rate has been noted. An explanation for this new trend is postulated and some examples are discussed. The use of health physics records as evidence in litigation is described, and specific examples of the types of records required to defend against past and future claims are given

Civil Litigation in the UK: сontemporary issues to ensure evidential reliability

Directory of Open Access Journals (Sweden)

Koch Hugh

2016-06-01

Full Text Available The system for assessing appropriate damages for individuals who have suffered a personal injury, caused by another person or persons is well established in the UK. A claimant, for example, who has been in a road accident, work accident, medical accident or negligent action can make a claim for his/her physical and psychological injuries, time off work and future disability, provided it is proven that another person(s is responsible. The system involves obtaining, medical-legal evidence on the diagnosis, causation, treatment and prognosis of any injuries, physical or psychological. One key aspect of this covers the crucial issue of evidential reliability. This paper explains the key questions facing lawyers and experts alike in the UK; fundamental postulates or beliefs about evidence; ways to improve reliability; the relevance of pre-event history and improving evidential reliability via Part 35 questioning. The UK, along with the USA, has the most advanced and developed system of personal injury litigation process.

Audit of litigation against the accident and emergency radiology department.

Science.gov (United States)

Cantoni, S; De Stefano, F; Mari, A; Savaia, F; Rosso, R; Derchi, L

2009-09-01

The aims of this study were to reduce and monitor litigation due to failure to diagnose a fracture, to evaluate whether the cases were due to radiological error or other problems in the diagnostic and therapeutic management of patients and to identify organisational, technical or functional changes or guidelines to improve the management of patients with suspected fracture and their expectations. We analysed the litigation database for the period 2004-2006 and extracted all episodes indicating failure to diagnose a fracture at the accident and emergency radiology department of our centre. The radiographs underwent blinded review by two experts, and each case was jointly analysed by a radiologist and a forensic physician to see what led to the compensation claim. We identified 22 events (2004 seven cases; 2005 eight cases; 2006 seven cases). Six cases were unrelated to radiological error. Six were due to imperceptible fractures at the time of the examination. These were accounted for by the presence of a major lesion distracting the examiner's attention from a less important associated lesion in one case, a false negative result in a patient examined on a incompletely radiolucent spinal board and underexposure of the coccyx region in an obese patient. Six cases were related to an interpretation error by the radiologist. In the remaining cases, the lesion being referred to in the compensation claim could either not be established or the case was closed by the insurance company without compensation. Corrective measures were adopted. These included planning the purchase of a higher performance device, drawing up a protocol for imaging patients on spinal boards, reminding radiologists of the need to carefully scrutinise the entire radiogram even after having identified a lesion, and producing an information sheet explaining to patients the possibility of false negative results in cases of imperceptible lesions and inviting them to return to the department if symptoms

Radiation Litigation and Internal Dosimetry

International Nuclear Information System (INIS)

Jose, D.E.

1987-01-01

Radiation Litigation refers to those lawsuits filed by individuals who claim to have been injured by some past exposure to ionizing radiation. Law classifies these cases as personal injury or tort cases. However, they are a new breed of such cases and the law is presently struggling with whether these cases can be resolved using the traditional methods of legal analysis or whether new forms of analysis, such as probability of causation, need to be applied. There are no absolutely certain rules concerning how these particular lawsuits will be tried and analyzed. The United States presently is defending cases filed by approximately 7000 plaintiffs. The private nuclear industry is defending cases filed by over 2000 plaintiffs. While not all of these cases will actually be tried on their merits, at least some will and internal dosimetry will play a very important part in many of these trials

The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia.

Science.gov (United States)

Kassim, Puteri Nemie J

2008-06-01

The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.

Malodorous consequences: what comprises negligence in anosmia litigation?

Science.gov (United States)

Svider, Peter F; Mauro, Andrew C; Eloy, Jean Anderson; Setzen, Michael; Carron, Michael A; Folbe, Adam J

2014-03-01

Our objectives were to evaluate factors raised in malpractice litigation in which plaintiffs alleged that physician negligence led to olfactory dysfunction. We analyzed publically available federal and court records using Westlaw, a widely used computerized legal database. Pertinent jury verdicts and settlements were comprehensively examined for alleged causes of malpractice (including procedures for iatrogenic causes), defendant specialty, patient demographics, and other factors raised in legal proceedings. Of 25 malpractice proceedings meeting inclusion criteria, 60.0% were resolved for the defendant, 12.0% were settled, and 28.0% had jury-awarded damages. Median payments were significant ($300,000 and $412,500 for settlements and awards, respectively). Otolaryngologists were the most frequently named defendants (68.0%), with the majority of iatrogenic cases (55.0%) related to rhinologic procedures. Associated medical events accompanying anosmia included dysgeusia, cerebrospinal fluid leaks, and meningitis. Other alleged factors included requiring additional surgery (80.0%), unnecessary procedures (47.4% of iatrogenic procedural cases), untimely diagnosis leading to anosmia (44.0%), inadequate informed consent (35.0%), dysgeusia (56.0%), and psychological sequelae (24.0%). Olfactory dysfunction can adversely affect quality of life and thus is a potential area for malpractice litigation. This is particularly true for iatrogenic causes of anosmia, especially following rhinologic procedures. Settlements and damages awarded were considerable, making an understanding of factors detailed in this analysis of paramount importance for the practicing otolaryngologist. This analysis reinforces the importance of explicitly including anosmia in a comprehensive informed consent process for any rhinologic procedure. © 2013 ARS-AAOA, LLC.

Tobacco industry use of judicial seminars to influence rulings in products liability litigation

Science.gov (United States)

Friedman, L C

2006-01-01

Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

Litigation as TB Rights Advocacy: A New Delhi Case Study.

Science.gov (United States)

McBroom, Kerry

2016-06-01

One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies.

Auditing Litigation and Claims: Conflicts and the Compromise of Privilege

OpenAIRE

Harleen Kaur; Sandra van der Laan

2013-01-01

Auditing standards require an auditor to make various enquiries about liabilities in general this may entail consideration of potential litigations and claims that the audited entity may be facing. To perform this part of audit, the auditors will generally seek representation letters from lawyers of the company detailing an estimate prepared by management, confirmed by their lawyers through a representation letter, and then sent directly to the auditors. This paper reviews the ...

Whistleblower litigation: A potential explosion in the nuclear industry

International Nuclear Information System (INIS)

Kowitt, A.J.; Panich, D.

1990-01-01

This article examines the protection offered nuclear employees and the limits of a nuclear employer's liability under section 210 of the Energy Reorganization Act. The author's warn that review by the US Supreme Court is not necessary but could only serve to expose the nuclear industry to an onslaught of litigation resulting from the assertion by an employee subjected to an adverse employment decision that the employee was engaged in a protected activity and as a result has a right to protection from retaliation by the employer

Blue Jeans, Chewing Gum and Climate Change Litigation: American Exports to Europe

Directory of Open Access Journals (Sweden)

Daniel G Hare

2013-01-01

Full Text Available This paper analyses how American-style climate change litigation might be adopted by the European Union ('EU' and projects potential methods by which the EU might employ the US model, if it indeed chooses to take the climate change battle to the courts. By synthesising existing US case law in the environment and climate change fields, the paper roughly defines the 'American model' of climate change litigation as parens patriae actions, oftentimes based in the tort of public nuisance, brought by states and other sovereign entities against polluter-defendants. The structural differences between the common law United States and the predominantly civil law European Union are substantial, and the EU has traditionally been averse to enter too far into the American mass torts arena. Accordingly, Europeans have not yet undertaken these types of lawsuits. This paper identifies and examines several realistic options for Europe's possible espousal of the American climate change litigation model through EU law and national law of individual Member States. Although the comparison is admittedly imperfect, I conclude that by drawing on the blueprint of its American counterparts, the EU could viably use Directive 2004/35/EC (environmental liability with regard to the prevention and remedying of environmental damage and the 'polluter pays' principle and Directive 2003/87/EC (establishing a scheme for greenhouse gas emission allowance trading in a parens patriae-like manner to hold defendants liable for damages caused by climate change. Additionally with case studies focusing on France, Germany and the United Kingdom, national law alternatives exist for individual Member States, as well as regional and local governments, to take action on behalf of their citizens for injuries resulting from climate change, just like sovereign bodies in the United States have done.

Mobilizing Ethnic Equality in Admissions to Schools: Litigation, Politics, and Educational Change

Science.gov (United States)

Perry-Hazan, Lotem; Perelstain, Oshrat

2018-01-01

This study explores the impact of litigation on the mobilization of ethnic equality in the admission to Haredi (ultra-Orthodox) schools in Israel, and examines the socio-political mechanisms that have shaped this impact. It uses a case-study approach and draws on an analysis of documents and interviews. The findings confirm the conclusions of…

FACING UP TO MULTINATIONALCOMPLEX LITIGATION IN THE UNITED STATES

Directory of Open Access Journals (Sweden)

Ángel R. Oquendo

2017-05-01

Full Text Available A federal court should approach the presence of foreigners in a global class action for monetary relief with an openmind. It should keep them in so long as it can conclude, upon a reflective comparative law analysis, that the judiciary in theirnation of origin would uphold the ultimate ruling. For example, Latin American absent class members should normally stay on board inasmuchas virtually every jurisdictionin their regionwould allow a U.S. adjudicator to arrive at this conclusion.Accordingly, they would fail, on grounds of res judicata, if they ever tried to re-litigate the matter back home upon a defeat on the merits in the United States. In particular, a tribunal from any one of seven representative regional countries (Mexico, Brazil, Venezuela, Colombia, Panama, Peru, and Ecuador wouldmost probably find such a U.S.judgment consistent with local due process, as well as with the remaining requirements for recognition.In other words, it would hold thatabsentees stemming from its jurisdictional territory could not legitimately complain about the preclusive effect since they would have free ridden on the efforts of their representatives with a chance at compensation, would have benefited from numerous fairness controls, and could have similarly faced preclusion in their homeland based on a suit prosecuted by someone else without their authorization. Judges in the United States should engage in a similar in-depth deliberation to decide whether to welcomecitizens from anywhere else in the world to the litigation.

Litigation and the Timing of Settlement: Evidence from Commercial Disputes

OpenAIRE

Peter Grajzl; Katarina Zajc

2015-01-01

Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...

11 CFR 201.3 - Public funding, audits and litigation: Ex parte contacts prohibited.

Science.gov (United States)

2010-01-01

... soon after the communication as is reasonably possible but no later than three business days after the... communication as is reasonably possible but no later than three business days after the communication, unless... REGULATIONS EX PARTE COMMUNICATIONS § 201.3 Public funding, audits and litigation: Ex parte contacts...

EDRP public local inquiry, UKAEA/BNFL precognition on: Review of the Scottish Health Service ISD report on 'Geographical distribution of leukaemia in young persons in Scotland 1968-1983'

International Nuclear Information System (INIS)

Wilkie, David

1986-09-01

The Scottish Health Service ISD Report is reviewed, with particular attention being paid to the statistical treatment of the data and its interpretation in relation to the location and frequency of occurrence of clusters of leukaemia identified in it. The sensitivity of cluster occurrence to the choice of sector boundaries and to the sub-division of the total time period of the study is considered, in general terms and by numerical experiment. (UK)

INSTRUCTIONAL SYSTEMS DESIGN (ISD: Theory and Practice in Second Life

Directory of Open Access Journals (Sweden)

Nil GOKSEL CANBEK

2011-08-01

Full Text Available The considerable changes in distance learning related technologies and Web 2.0 tools direct new immersive platforms to serve on the concept of avatar-driven interactions. In this sense, the immersive learning platforms, like Second Life (SL, embrace innovative forms of network based settings for effective community interactions. SL, as an interactive learning milieu, conducts 3D interactions and active education within the context of Instructional Systems Design (ISD which makes learning experiences efficient for both the tutor and learners on the platform designed on social networking. The platform gives an appropriate service to its users to be part of an instructional application of virtual worlds in where learners become connected though online activities. Within the learning theories existing nowadays, instructional designers, who are working in 3D environment like SL, are using mainly cognitive theory and constructivist strategy of learning. According to cognitive learning theory, people learn in different ways that are individually contextual and new trends in Instructional Design (ID had to address these differences. There are number of already approbated instructional models, which are used widely in the process of creation learning courses for 3D environments. The most frequently used model is ADDIE (Assess–Design–Develop–Implement– Evaluate, and the model PIE (Plan-Integrate–Evaluate, that is relatively new and become increasingly popular as it allows easy integration of technology in the classroom-oriented (virtual or real teaching. Based on the above mentioned concerns, this paper will examine the instructional design models used to create immersive courses within SL. Further, the paper will collect ideas on the instructional tools and technologies used for designing SL courses as these new technologies used in this environment draws heavily on andragogy. The paper will also clarify the obstacles on virtual learning

Conservative litigation against sexual and reproductive health policies in Argentina.

Science.gov (United States)

Peñas Defago, María Angélica; Morán Faúndes, José Manuel

2014-11-01

In Argentina, campaigns for the recognition of sexual and reproductive rights have sparked opposition through litigation in which the dynamics of legal action have come from self-proclaimed "pro-life" NGOs, particularly since 1998, when the conservative NGO Portal de Belén successfully achieved the banning of emergency contraception through the courts. The activities of these groups, acting as a "civil arm" of religion, are focused primarily on obstructing access to legally permissible abortions and bringing about the withdrawal of a number of recognized public policies on sexual and reproductive health, particularly the 2002 National Programme for Sexual Health and Responsible Procreation. This paper analyzes the litigation strategies of these conservative NGOs and how their use of the courts in Argentina has changed over the years. It gives examples of efforts in local courts to block individual young women from accessing legal abortion following rape, despite a ruling by the National Supreme Court of Justice in 2012 that no judicial permission is required. In spite of major advances, the renewed influence of the Catholic hierarchy in the Argentine political scene with the accession of the new Pope poses challenges to the work by feminists and women's movements to extend and consolidate sexual and reproductive rights. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

Roundup litigation discovery documents: implications for public health and journal ethics.

Science.gov (United States)

Krimsky, Sheldon; Gillam, Carey

2018-06-08

This paper reviews the court-released discovery documents obtained from litigation against Monsanto over its herbicide Roundup and through Freedom of Information Act requests (requests to regulatory agencies and public universities in the United States). We sought evidence of corporate malfeasance and undisclosed conflicts of interest with respect to issues of scientific integrity. The findings include evidence of ghostwriting, interference in journal publication, and undue influence of a federal regulatory agency.

Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

DEFF Research Database (Denmark)

Grembi, Veronica; Garoupaa, Nuno

2013-01-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several...... reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction...

Autism Litigation: Outcomes for 2010, Trends in Decision Making and Changes in Diagnostic Criteria

Science.gov (United States)

Hill, Doris Adams; Kearley, Regina

2013-01-01

The diagnosis of autism spectrum disorder has systematically risen since Kanner's description in 1943 and Asperger's definition in 1944. An increase in numbers has met with an increase in litigation regarding autism spectrum disorder (ASD) and the Individuals with Disabilities Education Improvement Act (IDEIA). Outcomes that first favored parents…

Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.

Science.gov (United States)

Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou

2011-10-01

This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.

The Burger Court and the Prima Facie Case in Employment Discrimination Litigation: A Critique.

Science.gov (United States)

Friedman, Joel William

1979-01-01

The unprincipled and contrived reasoning running through these opinions manifests an intentional effort by the Court to impede litigants' ability to secure their rights to equal employment opportunity by raising the requirements of the prima facie case. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc…

75 FR 34515 - American Energy Services, Inc., Dynacore Patent Litigation Trust, Earth Sciences, Inc., Empiric...

Science.gov (United States)

2010-06-17

... SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] American Energy Services, Inc., Dynacore Patent Litigation Trust, Earth Sciences, Inc., Empiric Energy, Inc., Future Carz, Inc., NBI, Inc., Noble... concerning the securities of Earth Sciences, Inc. because it has not filed any periodic reports since the...

The MMPI-2/MMPI-2-RF Symptom Validity Scale (FBS/FBS-r) is not a measure of 'litigation response syndrome': commentary on Nichols and Gass (2015).

Science.gov (United States)

Larrabee, Glenn J; Bianchini, Kevin J; Boone, Kyle B; Rohling, Martin L

2017-11-01

To address (1) Whether there is empirical evidence for the contention of Nichols and Gass that the MMPI-2/MMPI-2-RF FBS/FBS-r Symptom Validity Scale is a measure of Litigation Response Syndrome (LRS), representing a credible set of responses and reactions of claimants to the experience of being in litigation, rather than a measure of non-credible symptom report, as the scale is typically used; and (2) to address their stated concerns about the validity of FBS/FBS-r meta-analytic results, and the risk of false positive elevations in persons with bona-fide medical conditions. Review of published literature on the FBS/FBS-r, focusing in particular on associations between scores on this symptom validity test and scores on performance validity tests (PVTs), and FBS/FBS-r score elevations in patients with genuine neurologic, psychiatric and medical problems. (1) several investigations show significant associations between FBS/FBS-r scores and PVTs measuring non-credible performance; (2) litigants who pass PVTs do not produce significant elevations on FBS/FBS-r; (3) non-litigating medical patients (bariatric surgery candidates, persons with sleep disorders, and patients with severe traumatic brain injury) who have multiple physical, emotional and cognitive symptoms do not produce significant elevations on FBS/FBS-r. Two meta-analytic studies show large effect sizes for FBS/FBS-r of similar magnitude. FBS/FBS-r measures non-credible symptom report rather than legitimate experience of litigation stress. Importantly, the absence of significant FBS/FBS-r elevations in litigants who pass PVTs demonstrating credible performance, directly contradicts the contention of Nichols and Gass that the scale measures LRS. These data, meta-analytic publications, and recent test use surveys support the admissibility of FBS/FBS-r under both Daubert and the older Frye criteria.

Lifting All Boats? Finance Litigation, Education Resources, and Student Needs in the Post-"Rose" Era

Science.gov (United States)

Sims, David P.

2011-01-01

"Rose v. Council for Better Education" (1989) is often considered a transition point in education finance litigation, heralding an era of increasing concern for measurable adequacy of education across a broad spectrum of student needs. Prior research suggests that post-Rose lawsuits had less effect on the distribution of school spending…

Image processing by computer analysis--potential use and application in civil and criminal litigation.

Science.gov (United States)

Wilson, T W

1990-01-01

The image processing by computer analysis has established a data base for applications in the industrial world. Testing has proved that the same system can provide documentation and evidence in all facets of modern day life. The medicolegal aspects in civil and criminal litigation are no exception. The primary function of the image processing system is to derive all of the information available from the image being processed. The process will extract this information in an unbiased manner, based solely on the physics of reflected light energy. The computer will analyze this information and present it in pictorial form, with mathematical data to support the form presented. This information can be presented in the courtroom with full credibility as an unbiased, reliable witness. New scientific techniques shown in the courtroom are subject to their validity being proven. Past imaging techniques shown in the courtroom have made the conventional rules of evidence more difficult because of the different informational content and format required for presentation of these data. I believe the manner in which the evidence can now be presented in pictorial form will simplify the acceptance. Everyone, including the layman, the judge, and the jury, will be able to identify and understand the implications of the before and after changes to the image being presented. In this article, I have mentioned just some of the ways in which image processing by computer analysis can be useful in civil and criminal litigation areas: existing photographic evidence; forensic reconstruction; correlation of effect evidence with cause of evidence; medical records as legal protection; providing evidence of circumstance of death; child abuse, with tracking over time to prevent death; investigation of operating room associated deaths; detection of blood at the scene of the crime and on suspected objects; use of scales at the scene of the crime; providing medicolegal evidence beyond today

37 CFR 10.64 - Avoiding acquisition of interest in litigation or proceeding before the Office.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Avoiding acquisition of interest in litigation or proceeding before the Office. 10.64 Section 10.64 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE Patent and...

Reducing medical complaints and litigation in Malaysia: turning patients' voices into opportunities.

Science.gov (United States)

Kassim, Puteri Nemie Jahn

2007-10-01

One of the most important ironies of modern health care is that public expectations are rising faster than the ability of health services to meet them. Patients nowadays no longer want to be treated as passive recipients of medical care but as co-producers or partners able to manage their illnesses. Thus, it is not surprising that poor communication and failure to take into account the patient's perspective are at the heart of most formal complaints and legal actions in Malaysia. The difficulties of existing complaint procedures in Malaysia have become manifest over the years and this has been accentuated by patients becoming more willing to challenge the decisions of medical practitioners and health service management in court. To reduce the number of complaints and risks of litigation, a more patient-centred approach should be adopted. When patients voice their concern by making a complaint or inquiry, this should be seen as a unique source of information for health care services on why adverse events occur and how to prevent them. As well as reducing future harm to patients, better management of complaints should restore trust and reduce the risk of litigation, through open communication and a commitment to learn from the problem. The existing procedures for patients to be heard in Malaysia should be reviewed and incorporate features such as responsiveness, accessibility, impartiality, simplicity, speed and accountability.

The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles.

Science.gov (United States)

Dunklee, Dennis R.; Shoop, Robert J.

This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…

An Analysis of “Natural” Food Litigation to Build a Sesame Allergy Consumer Class Action.

Science.gov (United States)

Shaker, Dana

In a world where food allergy is still an incurable disease, law and regulation stand as necessary mechanisms to provide food-allergic consumers with the information they need to protect their health. The Food Allergen Labeling and Consumer Protection Act of 2004 provided specific labeling requirements for the “Top Eight” allergens in the U.S.: milk, soy, gluten, egg, tree nut, peanut, fish, and Crustacean shellfish. Since then, sesame has become more prevalent as an allergen and remains just as dangerous, inducing anaphylactic shock in some sesame-allergic individuals. Yet sesame remains unregulated, despite advocates and congressional members arguing for its inclusion. This note entertains one solution to this problem by exploring the most strategic way to bring a sesame allergy class action against a private food company under California’s consumer protection statutes. Because this kind of class action does not have much, if any, precedent, this note analyzes the basic, preliminary issues that any litigant would have to navigate around to certify a class, including preemption, standing, and the claim itself, by focusing on how courts have examined these issues in the recent “natural” class action litigation. It also analyzes the legal, moral, and practical aspects of choosing a type of relief, as well as whom to include in the class. Finally, this note briefly considers how FDA itself can ensure sesame is regulated on the labels of food products, given that some of the legal issues may well be insurmountable for this particular class action. This note explores the potential solutions to difficult legal hurdles in constructing a sesame allergy class action, arguing that litigating a sesame allergy class action—even if it is not ultimately successful—could start a productive conversation that might lead Congress or FDA to provide greater public health and consumer protection for those with sesame allergy.

37 CFR 201.15 - Special handling of pending claims requiring expedited processing for purposes of litigation.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Special handling of pending... PROVISIONS § 201.15 Special handling of pending claims requiring expedited processing for purposes of... compelling need for the service exists due to pending or prospective litigation, customs matters, or contract...

Litigation Friends or Foes? Representation of 'P' before the Court of Protection.

Science.gov (United States)

Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

2016-01-01

This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. © The Author 2016. Published by Oxford University Press.

Deciding Who Decides Questions at the Intersection of School Finance Reform Litigation and Standards-Based Accountability Policies

Science.gov (United States)

Superfine, Benjamin Michael

2009-01-01

Courts hearing school finance reform cases have recently begun to consider several issues related to standards-based accountability policies. This convergence of school finance reform litigation and standards-based accountability policies represents a chance for the courts to reallocate decision-making authority for each type of reform across the…

The evaluation of sexual harassment litigants: reducing discrepancies in the diagnosis of posttraumatic stress disorder.

Science.gov (United States)

Lawson, Angela K; Wright, Caroline Vaile; Fitzgerald, Louise F

2013-10-01

Relatively few targets of sexual harassment cope with the psychological sequelae of their experiences by engaging in litigation. Those who do are often subjected to forensic examination to evaluate their history of psychological distress or disorder and to determine whether such a condition could be reasonably attributed to the alleged harassment, as opposed to some other cause. An unbiased approach to such examinations is critical to all parties, as well as to the profession itself. This study investigates the relationship between the clinical and restructured clinical scales of the Minnesota Multiphasic Personality Inventory-2, the Trauma Symptom Inventory subscales, the Crime-Related Posttraumatic Stress Disorder (CR-PTSD) scale, and an American Psychiatric Association diagnosis (APA, Diagnostic and statistical manual of mental disorders; DSM-IV-TR; 4th ed., text rev., 2000, Washington, DC, Author) of PTSD in a sample of sexual harassment plaintiffs. All measures performed well independently, but together provided improved predictive accuracy, suggesting that the use of multiple validated measures as well as structured diagnostic interviews may help us better understand litigants' experiences and reduce bias in evaluations. PsycINFO Database Record (c) 2013 APA, all rights reserved

THE ADVERSARIAL SYSTEM AND THE BEST INTERESTS OF THE CHILD IN DIVORCE LITIGATION: SOME THOUGHTS REGARDING COLLABORATIVE LAW AS A MEANS TO RESOLVE PARENTAL DISPUTES

Directory of Open Access Journals (Sweden)

JA Robinson

2016-03-01

Full Text Available In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means of litigation should be considered under upon divorce. Collaborative Law is suggested as a means to bear in mind. The fact that current practice of lawyer negotiations in respect of divorce is not too far removed from Collaborative Law may lead to practitioners readily accepting the concept.

“Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation

Directory of Open Access Journals (Sweden)

Alex J. Luchenitser

2016-09-01

Full Text Available Over the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance coverage, healthcare services, marriage-related services, employment, and housing. For each area, the article analyzes recent litigation, compares it to earlier activity (if any, and discusses the kinds of arguments that have been made, how courts have responded to them, and how such arguments are likely to fare in the future. The article concludes that the ultimate fate of many of these kinds of cases will likely be determined by who the next member is of a U.S. Supreme Court that is currently split four-four between social liberals and conservatives.

THE ACTIVE ROLE OF THE JUDGE IN THE FIELD OF UNFAIR TERMS LITIGATION

Directory of Open Access Journals (Sweden)

Liviu-Titus Paveliu

2014-11-01

Full Text Available Unfair contract terms mark a delicate area in the field of consumer protection given the premise in which the consumer finds himself. This field of private law stems from the idea that the consumer needs an enhanced protection which from a legal standpoint may consist of introducing of measures of substantial law that can provide support in the precontractual phase, with evidence and even in understanding the legal consequences at hand. At a first glance, these comprise most of the benefits a consumer is granted and may choose to utilize in a litigation procedure against a professional in case on unfair contract terms. However, there is also a lesser known benefit that comes in the form of the obligation of the national courts to sanction on its own motion and in any procedural phase the occurrence of unfair contract terms. This line of thought has support within the Romanian legal system, but the decisive arguments in this sense com in the form of the case law of the Court of Justice of the European Union from the past decades. The purpose of this paper is to analyze the hystorical evolution of the active role of the court in civil law litigation, especially from the perspective of unfair terms cases in which consumers are parties to the proceedings, and to highlight the process that the Romanian judges have to follow in solving this type of cases.

Litigation Friends or Foes? Representation of ‘P’ before the Court of Protection

Science.gov (United States)

Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

2016-01-01

This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection (‘P’) which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. PMID:28007807

9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

Science.gov (United States)

2010-01-01

... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Litigation as to whether a system is...

Assessing Success in School Finance Litigation: The Case of New Jersey. Education, Equity, and the Law. No. 1

Science.gov (United States)

Goertz, Margaret E.; Weiss, Michael

2009-01-01

Education finance policy in New Jersey has been shaped by over 30 years of school finance litigation. Through its decisions in "Robinson v. Cahill" (1973-1976) and "Abbott v. Burke" (1985-2005), the justices of New Jersey's supreme court have defined the state's constitutional guarantee of a "thorough and efficient"…

75 FR 8045 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Science.gov (United States)

2010-02-23

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act Correction Notice document 2010-3168 appearing on page 7441 in the issue of Friday, February 19, 2010 was included in error...

A Public Health Analysis of the Proposed Resolution of [the 1997 United States] Tobacco Litigation

OpenAIRE

Fox, Brion J. J.D.; Lightwood, James M. Ph.D.; Glantz, Stanton A. Ph.D.

1998-01-01

The proposed tobacco settlement agreement, as negotiated by some state attorneys general and the tobacco industry that was made public on June 20, 1997 (Appendix F), raises a complex array of public health, public policy, legal and economic issues. It was intended to be a blueprint for national tobacco control legislation that would end the most important litigation current and potential against the tobacco industry. As with most complex legislation, the deal, after it was announced, underwen...

Fen-Phen Litigation Against American Home Products Corporation: The Widespread Use of Fenfluramine (Pondimin) and Dexfenfluramine (Redux) for Weight Loss, The Health Problems Associated with Those Drugs, the Resulting Litigation Against American Home Prod

OpenAIRE

Tragos, Camille N.

2000-01-01

The fen-phen affair has spawned thousands of lawsuits and a multitude of scientific studies concerning valvular heart disease. It has also led to a lively debate over off-label prescriptions, medical monitoring, and class actions. The proposed Settlement Agreement, while an attempt to put an end to the valvular litigation, will not be the end of the fen-phen affair. The Settlement Agreement has been widely criticized and plaintiffs' lawyers have indicated that there will be a large number of ...

MMPI-2 validity, clinical and content scales, and the Fake Bad Scale for personal injury litigants claiming idiopathic environmental intolerance.

Science.gov (United States)

Staudenmayer, Herman; Phillips, Scott

2007-01-01

Idiopathic environmental intolerance (IEI) is a descriptor for nonspecific complaints that are attributed to environmental exposure. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2) was administered to 50 female and 20 male personal injury litigants alleging IEI. The validity scales indicated no overreporting of psychopathology. Half of the cases had elevated scores on validity scales suggesting defensiveness, and a large number had elevations on Fake Bad Scale (FBS) suggesting overreporting of unauthenticated symptoms. The average T-score profile for females was defined by the two-point code type 3-1 (Hysteria-Hypochondriasis), and the average T-score profile for males was defined by the three-point code type 3-1-2 (Hysteria, Hypochondriasis-Depression). On the content scales, Health Concerns (HEA) scale was significantly elevated. Idiopathic environmental intolerance litigants (a) are more defensive about expressing psychopathology, (b) express distress through somatization, (c) use a self-serving misrepresentation of exaggerated health concerns, and (d) may exaggerate unauthenticated symptoms suggesting malingering.

The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

Science.gov (United States)

1993-04-01

instead of attacking the causes. The 1991 Act is a law of stratification that encourages racism , sexism , and litigation to further individual goals and...30 D. What About Those Statistics ? ............................ 31 E. Race Norming - The Dos and Don’ts of Test Scores...in Title VII to recognize group rights through a "disparate impact" theory of discrimination. In Griggs v. Duke Power Co.,` the Court recognized that

Firing without fear. Heading off litigation in employee terminations.

Science.gov (United States)

Elliott, C L; Kaiser, G

1989-03-01

Under most state laws, employee handbooks carry the status of employment contracts, or such contracts are implied through various employment conversations. Unlike in the past, when a management decision to discharge an employee could be challenged only for statutory or public policy reasons, today's employer may have to prove that he or she did not violate an employee's contractual right to employment. Employers can reduce the risk of employment liability through practical steps such as careful monitoring and documenting of the hiring, performance appraisal, and disciplinary processes, and a credible grievance procedure. Many employers have found, however, that taking these steps does not always prevent litigation. Certain legal precautions, such as written disclaimers and other handbook revisions, can result in the dismissal of such actions before trial and will deter many plaintiffs' attorneys from taking the case. The strongest legal protection in termination situations is a release of all claims executed by the employee and supported by severance pay or other valuable consideration to which the employee would not be otherwise entitled.

Compensation for damage caused by abuse of procedural rights in civil litigation

Directory of Open Access Journals (Sweden)

Rakočević Milka V.

2017-01-01

Full Text Available The paper discusses the issue of compensation for damage caused by the abuse of procedural rights as a measure within the oppressive apparatus for sanctioning the abuse of process in civil proceedings, which issue is, unlike others related to the idea of prohibition of abuse of rights within the system of civil procedure, the least treated in the procedural doctrine. The author deals with procedural aspects of certain essential issues that are important in the context of the matter concerned, highlighting the nature of the claim for damages caused by the abuse of process, the manner this right is realized (whether in the pending litigation or by initiating a separate civil procedure, the procedural form of the claim for compensation of damages, etc.

Influence of In-Situ Oil Sands Development on Caribou (Rangifer tarandus Movement.

Directory of Open Access Journals (Sweden)

Tyler Muhly

Full Text Available In-situ oil sands development (ISD involves a network of facilities, wells, roads and pipelines to extract and transport subsurface bitumen. This technology is rapidly expanding and there is uncertainty whether ISDs restrict animal movement, leading to increased extinction probabilities for some wide-ranging species. Here we test for effects of simulated future (i.e., 50 years from now and current ISDs on simulated movements of woodland caribou (Rangifer tarandus, a threatened species across North America. In simulations of future scenarios, we varied the spacing and permeability of ISDs and the presence/absence of protected areas. Permeability was measured as the number of times simulated caribou crossed ISDs with different levels of modelled permeability. We estimated the effects of these factors on caribou step length and annual home range size, key metrics of small and large spatiotemporal scales of movement, respectively. Current caribou crossings of above-ground pipeline features of ISDs were measured using camera traps and compared to expected caribou crossing rates based on present-day caribou movement simulations. Current crossing rates were evaluated within the context of predicted future crossing success rates necessary to maintain caribou step lengths and home ranges. With few exceptions, permeability across ISDs was the main factor affecting caribou movement, more so than spacing between developments or the presence of protected areas. However, minimal permeability (crossing rates of c. 15% to 60%, relative to an undisturbed site was needed to maintain existing home range size and step lengths. The effect of permeability on home range size and step length was non-linear, suggesting that small increases in permeability would provide a disproportionately greater benefit to caribou movement. Our predictions demonstrate that maintaining permeability across ISDs is more important than spacing between leases or including protected areas

Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

NARCIS (Netherlands)

Stulemeijer, M.; Andriessen, T.M.J.C.; Brauer, J.M.; Vos, P.E.; Werf, S.P. van der

2007-01-01

PRIMARY OBJECTIVE: To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. RESEARCH DESIGN: (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a

A Model for Developing a Coparenting Relationship After Protracted Litigation: The Case of Antonia, a 14-Year-Old Caught in the Crossfire.

Science.gov (United States)

Rotter, Annette

2016-05-01

Research has consistently documented long-term negative effects of high-conflict divorce on children's mental health. Court-issued custody and visitation judgments require parental collaboration, yet it is often challenging for parents to shift their interactions from acrimonious to cooperative, leaving children at increased risk for further exposure to conflict. Clinicians have developed strategies that help parents reduce conflict and increase coparenting skills after divorce. In this work, therapists integrate an empathic, active clinical stance and incorporate parenting education and skill building to help shift parents from a relationship marked by conflict to collaboration. A clinical case study provides an illustration of the steps involved in engaging a highly reactive and acrimonious mother and father in a Coparenting Treatment after prolonged litigation. It traces specific changes the parents implemented during 2 years of monthly sessions and the positive effects on the family system, including both the daughter's relationship to each parent and the parents' capacity to cooperate on her behalf. © 2016 Wiley Periodicals, Inc.

The Most Restrictive Alternative: A Litigation History of Solitary Confinement in U.S. Prisons, 1960-2006

OpenAIRE

Reiter, Keramet Ann

2012-01-01

Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax between the late 1980s and the late 1990s. This chapter examines the role of federal prisoners’ rights litigation in the 1960s and 1970s in shaping the prisons, especially supermaxes, built in the 1980s and 1990s in the United States. This chapter uses a systematic analysis of federal court case law, as well as archival re...

Expression, immunogenicity and variation of iron-regulated surface protein A from bovine isolates of Staphylococcus aureus

Science.gov (United States)

Misra, Neha; Wines, Tyler F.; Knopp, Colton L.; McGuire, Mark A.; Tinker, Juliette K.

2017-01-01

Abstract Staphylococcus aureus iron-regulated surface protein A (IsdA) is a fibrinogen and fibronectin adhesin that also contributes to iron sequestration and resistance to innate immunity. IsdA is conserved in human isolates and has been investigated as a human vaccine candidate. Here we report the expression of isdA, the efficacy of anti-IsdA responses and the existence of IsdA sequence variants from bovine Staphylococcus. Clinical staphylococci were obtained from US dairy farms and assayed by PCR for the presence and expression of isdA. isdA-positive species from bovines included S. aureus, S. haemolyticus and S. chromogenes. Immunoassays on bovine milk and serum confirmed the induction and opsonophagocytic activity of anti-IsdA humoral responses. The variable region of isdA was sequenced and protein alignments predicted the presence of two main variants consistent with those from human S. aureus. Mouse antibodies against one IsdA variant reduced staphylococcal binding to fibronectin in vitro in an isotype-dependent manner. Purified IsdA variants bound distinctly to fibronectin and fibrinogen. Our findings demonstrate that variability within the C-terminus of this adhesin affects immune reactivity and binding specificity, but are consistent with the significance of IsdA in bovine disease and relevant for vaccine development. PMID:28430959

Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

Science.gov (United States)

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-01-01

Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability. PMID:24999124

A comparison of medical litigation filed against obstetrics and gynecology, internal medicine, and surgery departments.

Science.gov (United States)

Hamasaki, Tomoko; Hagihara, Akihito

2015-10-24

The aim of this study was to review the typical factors related to physician's liability in obstetrics and gynecology departments, as compared to those in internal medicine and surgery, regarding a breach of the duty to explain. This study involved analyzing 366 medical litigation case reports from 1990 through 2008 where the duty to explain was disputed. We examined relationships between patients, physicians, variables related to physician's explanations, and physician's breach of the duty to explain by comparing mean values and percentages in obstetrics and gynecology, internal medicine, and surgical departments with the t-test and χ(2) test. When we compared the reasons for decisions in cases where the patient won, we found that the percentage of cases in which the patient's claim was recognized was the highest for both physician negligence, including errors of judgment and procedural mistakes, and breach of the duty to explain, in obstetrics and gynecology departments; breach of the duty to explain alone in internal medicine departments; and mistakes in medical procedures alone in surgical departments (p = 0.008). When comparing patients, the rate of death was significantly higher than that of other outcomes in precedents where a breach of the duty to explain was acknowledged (p = 0.046). The proportion of cases involving obstetrics and gynecology departments, in which care was claimed to be substandard at the time of treatment, and that were not argued as breach of a duty to explain, was significantly higher than those of other evaluated departments (p duty to explain had been breached when seeking patient approval (or not) was significantly higher than in other departments (p = 0.002). It is important for physicians working in obstetrics and gynecology departments to carefully explain the risk of death associated with any planned procedure, and to obtain genuinely informed patient consent.

Expression, immunogenicity and variation of iron-regulated surface protein A from bovine isolates of Staphylococcus aureus.

Science.gov (United States)

Misra, Neha; Wines, Tyler F; Knopp, Colton L; McGuire, Mark A; Tinker, Juliette K

2017-05-01

Staphylococcus aureus iron-regulated surface protein A (IsdA) is a fibrinogen and fibronectin adhesin that also contributes to iron sequestration and resistance to innate immunity. IsdA is conserved in human isolates and has been investigated as a human vaccine candidate. Here we report the expression of isdA, the efficacy of anti-IsdA responses and the existence of IsdA sequence variants from bovine Staphylococcus. Clinical staphylococci were obtained from US dairy farms and assayed by PCR for the presence and expression of isdA. isdA-positive species from bovines included S. aureus, S. haemolyticus and S. chromogenes. Immunoassays on bovine milk and serum confirmed the induction and opsonophagocytic activity of anti-IsdA humoral responses. The variable region of isdA was sequenced and protein alignments predicted the presence of two main variants consistent with those from human S. aureus. Mouse antibodies against one IsdA variant reduced staphylococcal binding to fibronectin in vitro in an isotype-dependent manner. Purified IsdA variants bound distinctly to fibronectin and fibrinogen. Our findings demonstrate that variability within the C-terminus of this adhesin affects immune reactivity and binding specificity, but are consistent with the significance of IsdA in bovine disease and relevant for vaccine development. © FEMS 2017. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Mitigating Litigating: An Examination of Psychosocial Impacts of Compensation Processes Associated with the 2010 BP Deepwater Horizon Oil Spill.

Science.gov (United States)

Ritchie, Liesel A; Gill, Duane A; Long, Michael A

2018-01-31

During the past four decades, a number of social science scholars have conceptualized technological disasters as a social problem. More specifically, research in this arena has identified individual and collective stress as a secondary trauma of processes intended to provide compensation and economic relief from disasters in general and, more specifically, technological disasters. Based on data from a 2013 household telephone survey of 1,216 residents of coastal Alabama, this article examines the relationship between psychosocial stress and compensation processes related to the 2010 BP Deepwater Horizon oil spill. We examine involvement with claims, settlement, and litigation activities; vulnerability and exposure to the spill; ties to resources; resource loss and gain; perceptions of risk and recreancy; and intrusive stress and avoidance behaviors as measured by the impact of event scale. Regression analysis reveals that the strongest contributors to intrusive stress were being part of the compensation process, resource loss, concerns about air quality, and income. Although being involved with compensation processes was a significant predictor of avoidance behaviors, the strongest contributors to avoidance behaviors were resource loss, air quality concern, income, being male, minority status, and community attachment. Beliefs that the compensation process was as distressing as the oil spill also significantly contributed to intrusive stress and avoidance behaviors. This research represents a step toward filling a gap in empirical evidence regarding the extent to which protracted compensation processes exacerbate adverse psychosocial impacts of disasters and hinder community recovery. © 2018 Society for Risk Analysis.

78 FR 44981 - Restructuring of National Labor Relations Board's Headquarters' Offices

Science.gov (United States)

2013-07-25

... Administrative Law, (2) Contempt, Compliance and Special Litigation, and (3) Freedom of Information Act (FOIA... bar ethics. The Contempt, Compliance and Special Litigation Branch will provide compliance and contempt advice and litigation involving, among other things, the Bankruptcy Code, the Federal Debt...

A review of medical malpractice issues in Malaysia under tort litigation system.

Science.gov (United States)

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-04-07

Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

The assault on bad food: tobacco-style litigation as an element of the comprehensive scheme to fight obesity.

Science.gov (United States)

Fehn, Jada J

2012-01-01

Obesity in the U.S. has reached epidemic proportions. A dilemma of this sort must be attacked with a comprehensive, multi-faceted scheme. Litigation against the companies providing dangerous food has been called trivial, but allowing market forces to regulate has proven ineffective. The history of tobacco litigation has revealed that industry is willing to ignore dangers, act solely in the interest of profit, and completely disregard public health. The notion that all consumers have enough information to make an autonomous choice and focus only on health when purchasing food borders is unrealistic. Legislatures, that will ignore the huge lobbying dollars spent by the food industry, and enact laws with only the public health of the citizenry in mind, fall in the same category of naivete. Corporations are obligated to shareholders, who are concerned universally with profits. To get the attention of food industry, it is necessary to hit them where they notice - in the wallet - by way of legal damage awards. The battle against bad food needs to be fought on every possible front and the courtroom should be one theater of combat. As evidence of fraudulent and deceptive industry practice is brought to light, state attorneys general have a responsibility to take the same course of action as tobacco, by filing fraud suits to recoup state funds spent on the negative health effects of the detrimental food.

Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities

Directory of Open Access Journals (Sweden)

Willene Holness

2014-12-01

Full Text Available The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations

Long-term Outcomes of Tension-free Vaginal Tape Procedure for Treatment of Female Stress Urinary Incontinence with Intrinsic Sphincter Deficiency

Directory of Open Access Journals (Sweden)

Gwoan-Youb Choo

2012-03-01

Full Text Available Purpose To assess the long-term outcomes of tension-free vaginal tape (TVT for stress urinary incontinence (SUI with intrinsic sphincter deficiency (ISD and to identify influencing factors for failure in these cases. Methods A total of 136 women who underwent TVT procedures with minimum follow-up duration of 3 years were included in the study. Patients were divided into two groups (non-ISD and ISD groups based on preoperative urodynamic studies. Patient outcomes were assessed from retrospective chart review and telephone research. Cure was defined as the subjective resolution of SUI in any circumstances. Improvement was defined as the subjective improvement of SUI without complete resolution. Failure was defined as the subjective lack of improvement of SUI. Patients in ISD group were subdivided into two subgroups (cure and non-cure groups and were compared to identify influencing factors for TVT procedure failure. Results Eighty-nine patients were in non-ISD group, and 47 in ISD group. The mean follow-up durations were 50.3±9.2 and 49.7±9.7 months, respectively. Subjective cure rate was 75.3% for non-ISD group, and 76.7% for ISD group (P>0.05. Improvement rate was 6.7% for non-ISD group, and 2.1% for ISD group (P>0.05. Satisfaction scores was 3.8±1.2 points in the non-ISD group, and 3.5±1.2 points in ISD group (P>0.05. In ISD subgroups, VLPP was 41.9±12.0 cmH2O for non-cure group, and 50.5±8.6 cmH2O for cure group, and was the only factor that showed significant statistical difference between the two subgroups (P=0.011. Conclusions With our long-term results, TVT is an effective treatment even in women with ISD. However, ISD patients with low VLPP should be counseled carefully about TVT outcome.

Winning From the Beginning: International Electronic Discovery in Commercial Litigation and the Home Field Advantage of American Corporations

OpenAIRE

Everson, Eric

2013-01-01

As technology is increasingly integrated into every aspect of the commercial environment, the amount of data generated from each transaction multiplies. Electronic discovery (eDiscovery) represents the collision of data and the law; in this paper, the powerful influence of the American judicial system is explored as it relates to the pursuit of digitally native file types for use in matters of litigation that transcend International borders. Home of the Silicon Valley, the world’s bigge...

Marketing nutrition & health-related benefits of food & beverage products: enforcement, litigation & liability issues.

Science.gov (United States)

Roller, Sarah; Pippins, Raqiyyah

2010-01-01

Over the past decade, the liability risks associated with food and beverage product marketing have increased significantly, particularly with respect to nutrition and health-related product benefit claims. FDA and FTC enforcement priorities appear to have contributed to the increasing liability trends that are associated with these nutrition and health-related claims. This article examines key enforcement and litigation developments involving conventional food and beverage product marketing claims during the first 18 months of President Obama's administration: Part I considers FDA enforcement priorities and recent warning letters; Part II considers FTC enforcement priorities, warning letters, and consent orders; and Part III considers the relationship between FDA and FTC enforcement priorities and recent false advertising cases brought by private parties challenging nutrition and health-related marketing claims for food and beverage products. The article makes recommendations concerning ways in which food and beverage companies can help minimize liability risks associated with health-related marketing claims. In addition, the article suggests that federal policy reforms may be required to counter the perverse chilling effects current food liability trends appear to be having on health-related marketing claims for food and beverage products, and proposes a number of specific reforms that would help encourage the responsible use of well-substantiated marketing claims that can help foster healthy dietary practices. In view of the obesity prevention and other diet-related public health priorities of the Obama administration, the article suggests that this is an opportune time to address the apparent chilling effects increasing food liability risks are having on nutrition and health-related marketing claims for healthy food and beverage products, and potential adverse consequences for public health.

Perception de la notion de litige sportif par les acteurs du mouvement sportif camerounais : entre et lueurs et leurres

Directory of Open Access Journals (Sweden)

Romuald Dey Yelem Franck

2016-01-01

L'intérêt de cette communication sera de donner le contenu des notions de litige sportif et contentieux électoral et les différentes positions en présence et voir comment les acteurs du mouvement sportif en ont fait une appréhension erronée. Il va aussi permettre à travers la jurisprudence qui est source de droit de trancher définitivement cette équivoque.

Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

Science.gov (United States)

Stulemeijer, Maja; Andriessen, Teuntje M J C; Brauer, Jolanda M P; Vos, Pieter E; Van Der Werf, Sieberen

2007-03-01

To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a cohort of 618 consecutive MTBI patients aged 18-60, who attended the emergency department of our level I trauma centre. Effort was tested with the Amsterdam Short Term Memory test. Thirty patients (27%) failed the effort test. Poor effort was associated with significantly poorer scores on seven out of eleven measures, covering all tested domains. Poor effort was associated with lower educational level and changes in work status, but not litigation. Furthermore, poor effort was related to high levels of distress, Type-D personality and fatigue. Even in a sample of non-referred MTBI patients, poor effort was common and was strongly associated with inferior test performance. These findings imply that effort testing should be part of all cognitive assessments, also outside mediolegal settings. Behavioural factors like distress and personality should be considered as potential threats to the validity of neuropsychological testing after MTBI.

The Limitation of the Media's Supervision upon Civil Litigation under the Context of"Three Opens"%“三公开”背景下媒体对民事诉讼监督的有限性

Institute of Scientific and Technical Information of China (English)

鄢焱

2015-01-01

Media's supervision upon justice has already become a normality .Civil litigation has three distinct characteristics-the peculi-arity of the disputes to be solved , more respect of the parties'autonomy of will as well as the comparative gentleness of the disposition which are quite different from criminal litigation and administrative litigation .So if media carries out an excessive supervision upon civil litigation, on one hand it might offend parties'privacy, on the other hand , it might also unjustifiably interfere with the performance of the power of trial .Based on the great context of "three opens"of justice and under the prerequisite that it is necessary to undertake media supervision upon civil litigation , we should on one hand rationally limit the interview and report to the case fact by the medias , and on the other hand absolutely forbid the unjustifiable interference on the disposition of the case by medias , thus to establish a limited supervision mechanism based on the positive interaction between media supervision and civil litigation .%媒体对司法进行监督已经成为一种常态。民事诉讼，因其解决的纠纷具有特定性、更为尊重当事人的意思自治以及处理结果相对柔和等三个异于刑事诉讼和行政诉讼的特质，如果媒体对其进行过度监督，一方面可能侵犯当事人的隐私，另一方面也可能会不当干涉审判权的行使。基于司法“三公开”的大背景，我们在肯定媒体对民事诉讼进行监督具有必要性的前提下，一方面要合理限制媒体对案件事实的采访报道，另一方面要绝对禁止媒体对案件处理结果的不当干预，从而构建一种媒体监督与民事诉讼良性互动的有限监督机制。

Traditional Knowledge and Social Science on Trial: Battles over Evidence in Indigenous Rights Litigation in Canada and Australia

Directory of Open Access Journals (Sweden)

Arthur J. Ray

2015-05-01

Full Text Available Traditional knowledge and oral traditions history are crucial lines of evidence in Aboriginal claims litigation and alternative forms of resolution, most notably claims commissions. This article explores the ways in which these lines of evidence pose numerous challenges in terms of how and where they can be presented, who is qualified to present it, questions about whether this evidence can stand on its own, and the problems of developing appropriate measures to protect it from inappropriate use by outsiders while not unduly restricting access by the traditional owners.

On Using Materiality in Information Systems Development

DEFF Research Database (Denmark)

Carugati, Andrea

This research brief presents a discussion on the use of the concept of materiality and material knowing in information systems development (ISD). The discussion addresses some of the practical problems still plaguing ISD, augmenting existing ISD methodologies with contributions from systems theory...... as scaffold of knowledge. Through the example taken from a case study of a complex and innovative systems development we outline two design principles to be embedded in modular fashion in ISD processes: (1) whenever possible start ISD efforts by developing a graphical simulator of the material environment...

Final performance report for Project JEM

Energy Technology Data Exchange (ETDEWEB)

McKinney, M.J.; Jenkins, S.

1997-12-31

Project JEM (Jarvis Enhancement of Males) is a pre-college program directed toward stimulating disadvantaged, talented African American males in grades four, five, and six to attend college and major in mathematics, science, computer science, or related technical areas needed by the US Department of Energy. Twenty young African American male students were recruited from Gladewater Independent School District (ISD), Longview ISD, Hawkins ISD, Tyler ISD, Winona ISD and big Sandy ISD. Students enrolled in the program range from ages 10 to 13 and are in grades four, five and six. Student participants in the 1997 Project JEM Program attended Saturday Academy sessions and a four week intensive, summer residential program. The information here provides a synopsis of the activities which were conducted through each program component.

The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality.

Science.gov (United States)

Dunn, Jennifer Templeton; Lesyna, Katherine; Zaret, Anna

2017-11-08

Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services. This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda. The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women's health.

Independent validation of the MMPI-2-RF Somatic/Cognitive and Validity scales in TBI Litigants tested for effort.

Science.gov (United States)

Youngjohn, James R; Wershba, Rebecca; Stevenson, Matthew; Sturgeon, John; Thomas, Michael L

2011-04-01

The MMPI-2 Restructured Form (MMPI-2-RF; Ben-Porath & Tellegen, 2008) is replacing the MMPI-2 as the most widely used personality test in neuropsychological assessment, but additional validation studies are needed. Our study examines MMPI-2-RF Validity scales and the newly created Somatic/Cognitive scales in a recently reported sample of 82 traumatic brain injury (TBI) litigants who either passed or failed effort tests (Thomas & Youngjohn, 2009). The restructured Validity scales FBS-r (restructured symptom validity), F-r (restructured infrequent responses), and the newly created Fs (infrequent somatic responses) were not significant predictors of TBI severity. FBS-r was significantly related to passing or failing effort tests, and Fs and F-r showed non-significant trends in the same direction. Elevations on the Somatic/Cognitive scales profile (MLS-malaise, GIC-gastrointestinal complaints, HPC-head pain complaints, NUC-neurological complaints, and COG-cognitive complaints) were significant predictors of effort test failure. Additionally, HPC had the anticipated paradoxical inverse relationship with head injury severity. The Somatic/Cognitive scales as a group were better predictors of effort test failure than the RF Validity scales, which was an unexpected finding. MLS arose as the single best predictor of effort test failure of all RF Validity and Somatic/Cognitive scales. Item overlap analysis revealed that all MLS items are included in the original MMPI-2 Hy scale, making MLS essentially a subscale of Hy. This study validates the MMPI-2-RF as an effective tool for use in neuropsychological assessment of TBI litigants.

A Study of Clinical Predictors Associated With Intrinsic Sphincter Deficiency in Women With Stress Urinary Incontinence

Directory of Open Access Journals (Sweden)

Kyung Kgi Park

2017-06-01

Full Text Available Purpose Recently, intrinsic sphincter deficiency (ISD has been identified as one important factor in the outcome of stress urinary incontinence (SUI related surgery. Clinical factors that can predict ISD are uncommon. The aim of this study was to determine predictive clinical factors for ISD in female patients with SUI. Methods The patients were classified into 3 groups according to the value of Valsalva leak point pressure (VLPP>90 cm H2O (anatomical incontinence, AI, between 61 and 90 cm H2O (equivocal, EV, and <60 cm H2O (ISD. All groups underwent a full examination, history evaluation, physical examination, uroflowmetry, and complete urodynamic study. Univariate analysis was performed by chi-square or t-test for categorical variables, respectively. A multivariate study was performed by Pearson correlation analysis in order to get clinical predictors of VLPP<60 cm H2O. Statistical significance was set at P<0.05. Results There were 3 groups with a total of 189 patients: 56 patients (AI, 29.7%, 64 patients (EV, 33.8%, and 69 patients (ISD, 36.5%. The univariate analysis revealed a significant difference associated with maximal urethral closing pressure (P=0.03 and Stamey classification (P=0.006 between ISD and AI. The more severe the urinary symptom grade, the higher the frequency of ISD. However, the multivariate analysis showed the independent predictor of ISD is only present in grades II and III symptoms in the Stamey classification (P=0.001. Conclusions It was found that the more severe the symptoms of urinary incontinence, the higher the possibility of ISD. In other words, the degree of urinary incontinence was found to be one relevant clinical factor in predicting ISD. This finding may help in evaluating and identifying the appropriate surgical technique for EV. Currently, absolute cutoff value to diagnose ISD has not yet been determined. More research is needed to identify clinical factors that can predict ISD.

Beyond Simple Classifications

DEFF Research Database (Denmark)

Kautz, Karlheinz

2012-01-01

Contemporary Information Systems Development (ISD) takes place in a dynamic environment and is generally acknowledged as a complex activity. We investigate whether complex adaptive systems (CAS) theory is relevant as a theoretical foundation for understanding ISD, and if so, what kind of conception...... in general, beyond any particular development approach chosen for the execution of a project such as agile development. Thereby, we contribute to a complexity theory of ISD. Second, we back up our argument with a coherent empirical account of contemporary ISD, and thus contribute with practical advice...... can be achieved by utilizing the theory? We introduce key CAS concepts and describe an emergent method framework for understanding ISD. Extending existing research, our main contribution is twofold: We first show how CAS and CAS principles are advantageous for comprehending and organizing ISD...

Association of imaging abnormalities of the subcallosal septal area with Alzheimer's disease and mild cognitive impairment.

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Gan, C L; O'Sullivan, M J; Metzler-Baddeley, C; Halpin, S

2017-11-01

To evaluate the use the distance between the adjacent septal nuclei as a surrogate marker of septal area atrophy seen in Alzheimer's disease (AD). Interseptal distance (ISD) was measured, blind to clinical details, in 250 patients who underwent computed tomography (CT) of the brain at University Hospital of Wales. Clinical details including memory problem history were retrieved. An ISD cut-off value that discriminated those with and without memory symptoms was sought. ISD measurements were also made in 20 AD patients. To test both the method and the defined cut-off, measurements were then made in an independent cohort of 21 mild cognitive impairment (MCI) patients and 45 age-matched healthy controls, in a randomised and blinded fashion. ISD measurement was achieved in all patients. In 28 patients with memory symptoms, the mean ISD was 5.9 mm compared with 2.3 mm in those without overt symptoms (p=0.001). The optimum ISD cut-off value was 4 mm (sensitivity 85.7% and specificity 85.8%). All AD patients had an ISD of >4 mm (mean ISD= 6.1 mm). The mean ISD for MCI patients was 3.84 mm compared with 2.18 mm in age-matched healthy controls (p=0.001). Using a 4 mm cut-off correctly categorised 10 mild cognitive impairment patients (47.6%) and 38 healthy controls (84.4%). ISD is a simple and reliable surrogate measurement for septal area atrophy, applicable to CT and magnetic resonance imaging (MRI). It can be used to help select patients for further investigation. Copyright © 2017 The Royal College of Radiologists. Published by Elsevier Ltd. All rights reserved.

2-Aminobenzamide and 2-Aminobenzoic Acid as New MALDI Matrices Inducing Radical Mediated In-Source Decay of Peptides and Proteins

Science.gov (United States)

Smargiasso, Nicolas; Quinton, Loic; de Pauw, Edwin

2012-03-01

One of the mechanisms leading to MALDI in-source decay (MALDI ISD) is the transfer of hydrogen radicals to analytes upon laser irradiation. Analytes such as peptides or proteins may undergo ISD and this method can therefore be exploited for top-down sequencing. When performed on peptides, radical-induced ISD results in production of c- and z-ions, as also found in ETD and ECD activation. Here, we describe two new compounds which, when used as MALDI matrices, are able to efficiently induce ISD of peptides and proteins: 2-aminobenzamide and 2-aminobenzoic acid. In-source reduction of the disulfide bridge containing peptide Calcitonin further confirmed the radicalar mechanism of the ISD process. ISD of peptides led, in addition to c- and z-ions, to the generation of a-, x-, and y-ions both in positive and in negative ion modes. Finally, good sequence coverage was obtained for the sequencing of myoglobin (17 kDa protein), confirming the effectiveness of both 2-aminobenzamide and 2-aminobenzoic acid as MALDI ISD matrices.

Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

Science.gov (United States)

Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

2014-11-01

While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

A simple graphical method for measuring inherent safety

International Nuclear Information System (INIS)

Gupta, J.P.; Edwards, David W.

2003-01-01

Inherently safer design (ISD) concepts have been with us for over two decades since their elaboration by Kletz [Chem. Ind. 9 (1978) 124]. Interest has really taken off globally since the early nineties after several major mishaps occurred during the eighties (Bhopal, Mexico city, Piper-alfa, Philips Petroleum, to name a few). Academic and industrial research personnel have been actively involved into devising inherently safer ways of production. The regulatory bodies have also shown deep interest since ISD makes the production safer and hence their tasks easier. Research funding has also been forthcoming for new developments as well as for demonstration projects. A natural question that arises is as to how to measure ISD characteristics of a process? Several researchers have worked on this [Trans. IChemE, Process Safety Environ. Protect. B 71 (4) (1993) 252; Inherent safety in process plant design, Ph.D. Thesis, VTT Publication Number 384, Helsinki University of Technology, Espoo, Finland, 1999; Proceedings of the Mary Kay O'Connor Process Safety Center Symposium, 2001, p. 509]. Many of the proposed methods are very elegant, yet too involved for easy adoption by the industry which is scared of yet another safety analysis regime. In a recent survey [Trans. IChemE, Process Safety Environ. Prog. B 80 (2002) 115], companies desired a rather simple method to measure ISD. Simplification is also an important characteristic of ISD. It is therefore desirable to have a simple ISD measurement procedure. The ISD measurement procedure proposed in this paper can be used to differentiate between two or more processes for the same end product. The salient steps are: Consider each of the important parameters affecting the safety (e.g., temperature, pressure, toxicity, flammability, etc.) and the range of possible values these parameters can have for all the process routes under consideration for an end product. Plot these values for each step in each process route and compare. No

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

Science.gov (United States)

Grembi, Veronica; Garoupa, Nuno

2013-10-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

Learning from the Law. A review of 21 years of litigation for pain during caesarean section.

Science.gov (United States)

McCombe, K; Bogod, D G

2018-02-01

The large majority of caesarean sections in the UK are now carried out under neuraxial anaesthesia. Although this technique is widely accepted as being the safest option in most circumstances, the use of regional anaesthesia increases the risk of patients experiencing intra-operative discomfort or pain. Pain during operative obstetric delivery is the commonest successful negligence claim relating to regional anaesthesia against obstetric anaesthetists in the UK. In the following article, using a database of over 360 cases spanning 21 years, we break down and examine the recurrent components of medicolegal claims concerning pain during caesarean section and consider how anaesthetists might avoid litigation. © 2017 The Association of Anaesthetists of Great Britain and Ireland.

Dissecting malpractice in pancreaticoduodenectomy cases.

Science.gov (United States)

Anandalwar, Seema P; Scholer, Anthony J; Ninan, Gigio; Oliver, Joseph B; Christian, Derick; Eloy, Jean Anderson; Chokshi, Ravi J

2017-05-15

Medical malpractice is a growing concern for physicians in all fields. Surgical fields have some of the highest malpractice premiums and litigation rates. Pancreaticoduodenectomy (PD) has become a popular procedure; however, it is still associated with significant morbidity and mortality. This study is the first to analyze factors involved in litigation regarding PD cases. The Westlaw database was searched for jury verdicts and settlements using the terms "medical malpractice" and "pancreaticoduodenectomy". Twenty-nine cases from 1991 to 2012 were initially collected. Seven entries not involving PD and three duplicate cases were excluded. Nineteen cases were included for analysis. Of the 19 cases included in the analysis, three (15.8%) reached a settlement, three (15.8%) were ruled in favor of the plaintiff, and 13 (68.4%) were ruled in favor of the physician. The average settlement award was $398,333 (range, $195,000-500,000), and the average plaintiff award was $4,288,869 (range, $1,066,608-10,300,000). The most common factors raised in litigation included PD being allegedly unnecessary (47.4%), followed by postoperative negligence and misdiagnosis (36.8% each). The most common factors present in litigation included the allegation that PD was unnecessarily performed. The cases that are awarded large monetary sums are those that involve continued medical care. Ways to improve patient safety and limit litigation include increasing transparency and communication with a thorough discussion between surgeon and patient of the most common topics of litigation discussed. Published by Elsevier Inc.

Development of an In-Situ Decommissioning Sensor Network Test Bed for Structural Condition Monitoring - 12156

Energy Technology Data Exchange (ETDEWEB)

Zeigler, Kristine E.; Ferguson, Blythe A. [Savannah River National Laboratory, Aiken, South Carolina 29808 (United States)

2012-07-01

The Savannah River National Laboratory (SRNL) has established an In Situ Decommissioning (ISD) Sensor Network Test Bed, a unique, small scale, configurable environment, for the assessment of prospective sensors on actual ISD system material, at minimal cost. The Department of Energy (DOE) is presently implementing permanent entombment of contaminated, large nuclear structures via ISD. The ISD end state consists of a grout-filled concrete civil structure within the concrete frame of the original building. Validation of ISD system performance models and verification of actual system conditions can be achieved through the development a system of sensors to monitor the materials and condition of the structure. The ISD Sensor Network Test Bed has been designed and deployed to addresses the DOE-Environmental Management Technology Need to develop a remote monitoring system to determine and verify ISD system performance. Commercial off-the-shelf sensors have been installed on concrete blocks taken from walls of the P Reactor Building at the Savannah River Site. Deployment of this low-cost structural monitoring system provides hands-on experience with sensor networks. The initial sensor system consists of groutable thermistors for temperature and moisture monitoring, strain gauges for crack growth monitoring, tilt-meters for settlement monitoring, and a communication system for data collection. Baseline data and lessons learned from system design and installation and initial field testing will be utilized for future ISD sensor network development and deployment. The Sensor Network Test Bed at SRNL uses COTS sensors on concrete blocks from the outer wall of the P Reactor Building to measure conditions expected to occur in ISD structures. Knowledge and lessons learned gained from installation, testing, and monitoring of the equipment will be applied to sensor installation in a meso-scale test bed at FIU and in future ISD structures. The initial data collected from the sensors

A relevância dos precedentes na análise econômica da litigância: um estudo de Law and Finance

Directory of Open Access Journals (Sweden)

João Máximo Rodrigues Neto

2016-05-01

Full Text Available Tendo em vista que os litigantes agem conforme agentes econômicos, no sentido de que decidem pelo ajuizamento ou não de demandas em virtude do seu custo/benefício, o presente trabalho tem como escopo analisar os custos envolvidos em um processo judicial e como um sistema de precedentes vinculantes pode auxiliar na minoração destes prejuízos, ao mesmo tempo que desestimula a litigância.

Access to justice : An economic approach

NARCIS (Netherlands)

Zhou, J.

2010-01-01

This Ph.D. thesis consists of a collection of four independent papers on economic analysis of access to justice. The research methodologies involve game theoretical and empirical analysis of litigation and settlement. Chapter two investigates the institutional causes of delay in litigation. Using

[Mechanisms of retroviral immunosuppressive domain-induced immune modulation].

Science.gov (United States)

Blinov, V M; Krasnov, G S; Shargunov, A V; Shurdov, M A; Zverev, V V

2013-01-01

Immunosuppressive domains (ISD) of viral envelope glycoproteins provide highly pathogenic phenotypes of various retroviruses. ISD interaction with immune cells leads to an inhibition of a response. In the 1980s it was shown that the fragment of ISD comprising of 17 amino acids (named CKS-17) is carrying out such immune modulation. However the underlying mechanisms were not known. The years of thorough research allowed to identify the regulation of Ras-Raf-MEK-MAPK and PI3K-AKT-mTOR cellular pathways as a result of ISD interaction with immune cells. By the way, this leads to decrease of secretion of stimulatory cytokines (e.g., IL-12) and increase of inhibitory, anti-inflammatory ones (e.g., IL-10). One of the receptor tyrosine kinases inducing signal in these pathways acts as the primary target of ISD while other key regulators--cAMP and diacylglycerol (DAG), act as secondary messengers of signal transduction. Immunosuppressive-like domains can be found not only in retroviruses; the presence of ISD within Ebola viral envelope glycoproteins caused extremely hard clinical course of virus-induced hemorrhagic fever. A number of retroviral-origin fragments encoding ISD can be found in the human genome. These regions are expressed in the placenta within genes of syncytins providing a tolerance of mother's immune system to an embryo. The present review is devoted to molecular aspects of retroviral ISD-induced modulation of host immune system.

Information system development activities and inquiring systems

DEFF Research Database (Denmark)

Carugati, Andrea

2008-01-01

This article presents a framework that maps information system development (ISD) activities on systems for the creation of knowledge. This work addresses the relevant and persisting problem of improving the chances of ISD success. The article builds upon previous research on knowledge aspects...... based on ISD literature and on Churchman's (1971) inquiring systems. The second part presents the use of the framework in an ISD project. The case is used to show the applicability of the framework and to highlight the advantages of this approach. The main theoretical implication is that the framework...

General Systems Theory and Instructional Systems Design.

Science.gov (United States)

Salisbury, David F.

1990-01-01

Describes basic concepts in the field of general systems theory (GST) and identifies commonalities that exist between GST and instructional systems design (ISD). Models and diagrams that depict system elements in ISD are presented, and two matrices that show how GST has been used in ISD literature are included. (11 references) (LRW)

Refractory heartburn: comparison of intercellular space diameter in documented GERD vs. functional heartburn.

Science.gov (United States)

Vela, Marcelo F; Craft, Brandon M; Sharma, Neeraj; Freeman, Janice; Hazen-Martin, Debra

2011-05-01

Refractory heartburn despite acid suppression may be explained by ongoing gastroesophageal reflux disease (GERD) or functional heartburn (FH), i.e., symptoms without evidence of GERD. Impedance-pH monitoring (impedance-pH) detects acid and nonacid reflux and is useful for evaluating acid-suppressed, refractory patients. Intercellular space diameter (ISD) of esophageal epithelium measured by transmission electron microscopy (TEM) is a marker of epithelial damage present in both erosive and nonerosive reflux disease. ISD has not been used to study refractory heartburn or FH. Our aim was to compare ISD in healthy controls and refractory heartburn patients with GERD and FH. In refractory heartburn patients (heartburn more than twice/week for at least 2 months despite proton pump inhibitor (PPI) b.i.d.), erosive esophagitis and/or abnormal impedance-pH (increased acid exposure or positive symptom index) defined GERD; normal esophagogastroduodenoscopy (EGD)/impedance-pH defined FH. Asymptomatic, healthy controls had normal EGD and pH-metry. Mean ISD in each subject, determined by blinded TEM of esophageal biopsies, was the average of 100 measurements (10 measurements in each of 10 micrographs). In all, 11 healthy controls, 11 FH, and 15 GERD patients were studied. Mean ISD was significantly higher in GERD compared with controls (0.87 vs. 0.32 μm, P=0.003) and FH (0.87 vs. 0.42 μm, P=0.012). Mean ISD was similar in FH and controls (0.42 vs. 0.32 μm, P=0.1). The proportion of patients with abnormal ISD was significantly higher for GERD compared with FH (60 vs. 9%, P=0.014). ISD is increased in refractory heartburn patients with GERD but not those with FH. Our findings suggest that measurement of ISD by TEM might be a useful tool to distinguish GERD from FH in patients with refractory heartburn.

[A systematic review of decided litigated cases on adverse drug events in Japan: classification of decided cases appearing in law reports].

Science.gov (United States)

Eguchi, Rika; Kato, Masahisa; Kaneko, Erina; Kusaba, Kenji; Yoshikawa, Manabu; Yamano, Toru; Seo, Takashi; Hagihara, Akihito

2015-01-01

Much of the damage to health caused by drugs could be prevented by appropriate care. A well-defined duty of care and further information are required for healthcare professionals. Although there are many litigation cases to use as references, neither the extent of the duty of care nor the obligation to explain medication according to the type of drug prescribed has yet been fully established. Thus, we systematically collected decided cases of adverse drug events, and assessed the degree of the duties of care and information. Specifically, we collected decided cases in which physicians, dentists, pharmacists, nurses, or hospitals had been sued. Data were derived from Bessatsu Jurist Iryo-kago Hanrei Hyakusen, Hanrei Jihou, and Hanrei Times from 1989 to November 2013, and information on precedents in the records of the Supreme Court of Japan from 2001 to November 2013. We analyzed the cases, and assessed the following according to the type of drug: (1) standards and explanations when dealing with drugs that were critical issues in litigation, and (2) the degree of the physician's or pharmacist's duties of care and information. In total, 126 cases were collected. The number of drug categories classified was 27, and 9 were considered of practical importance. After this systematic review, we found a trend in the degree of the required level of care and information on several drugs. With respect to duties of care and information, the gap between the required level and actual practice suggests that healthcare professionals must improve their care and explanations.

Rights, Regulation and Bureaucratic Impact: The Impact of Human Rights Litigation on the Regulation of Informal Trade in Johannesburg

Directory of Open Access Journals (Sweden)

Marius Pieterse

2017-01-01

Full Text Available In contemplating the extent to which rights-based litigation is conducive to positive social change, attention ought to be paid to the bureaucratic impact of court judgments that vindicate rights against the State. As a case study of such impact, this article considers the effects of human rights litigation on the regulation of informal trade in the City of Johannesburg, where a 2013 attempt by local government to clamp down on informal trade in the central business district (CBD led to high-profile court action. After describing and problematising the City's general approach to managing informal trade, the article focuses on "Operation Clean Sweep", which aimed to rid much of the CBD of informal traders and became the focal point of rights-based resistance. It then briefly describes the constitutional and jurisprudential framework within which the legal challenge to "Operation Clean Sweep" was to be decided, before critically discussing the judgment of the Constitutional Court in South African Informal Traders Forum v City of Johannesburg 2014 4 SA 371 (CC, which effectively halted "Operation Clean Sweep" by interdicting the City from removing traders from their places of business. The article then proceeds to consider the aftermath of the judgment, and assesses its impact on the City's informal trade policy and urban management practices, as well as on the broader regulatory and political environment around street trade in South African cities. The article shows that the bureaucratic impact of the judgment has, at best, been mixed, and that the judgment has not been entirely successful in disrupting the legal and bureaucratic mindsets, frameworks and processes that simultaneously create, exacerbate and unsuccessfully attempt to address the "unmanageability" of street trade in Johannesburg.

Use of isosorbide dinitrate for the symptomatic treatment of patients with Chagas' disease achalasia. A double-blind, crossover trial.

Science.gov (United States)

Ferreira-Filho, L P; Patto, R J; Troncon, L E; Oliveira, R B

1991-01-01

1. A randomized, double-blind, placebo-controlled trial was carried out to determine the efficacy of isosorbide dinitrate (ISD) on dysphagia in patients with Chagasic achalasia. 2. Twenty-three patients with Chagas' disease and dysphagia entered the study and 20 (87%) completed the two 7-day treatment periods. Subjects were given either 5 mg ISD (12 patients) or placebo (11 patients) by the sublingual route for the first 7 days. On the 8th day, patients crossed over and began another 7-day period during which they received the opposite, identical-appearing tablets. 3. Scores attributed by uninformed investigators for the frequency and severity of dysphagia were significantly lower (P less than 0.05) following ISD treatment than after the placebo period or for the pretreatment condition. A significantly higher degree of improvement of dysphagia was experienced by the patients during ISD treatment than during the placebo period. Fourteen patients experienced meal-related headaches during ISD, but not placebo treatment. The extent of improvement in general well-being due to ISD was the same when the drug was given in the first or second test period. 4. Our results indicate that ISD, 5 mg by the sublingual route, is effective in alleviating dysphagia in patients with Chagasic achalasia but its usefulness is limited by the high rate of headache as a side effect.

How to avoid liability litigation in courts – Suggestions from a German example

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Liebermeister, Hermann

2010-01-01

Full Text Available The medical art is difficult, its results can not always be predicted. After looking at TV, patients know more or think they know more about medicine. They tend to assume faulty diagnostics or treatment by their physician, if the good result promised by the news-media or by the doctor himself has not been obtained. The resulting litigation in court is time-consuming, causes a lot of paperwork and frequently leads to negative publicity for the doctor in the local news-media. Therefore, in 1975, the German Medical Associations in the different federal areas have founded expert committees to help solve this problem. These avoid negative publicity, heavy expenses and law-suits. Presidents of these committees are high-level judges – mostly retired – with experience in the field. They are masters of the procedure, choose the experts and formulate the final draft. This structure invalidates the understandable suspicion that physicians will protect each other or – as we say in Germany: “A crow will not hurt the eye of another one”. The system is now well accepted by liability insurances, lawyers and patients.

Negative Ion In-Source Decay Matrix-Assisted Laser Desorption/Ionization Mass Spectrometry for Sequencing Acidic Peptides

Science.gov (United States)

McMillen, Chelsea L.; Wright, Patience M.; Cassady, Carolyn J.

2016-05-01

Matrix-assisted laser desorption/ionization (MALDI) in-source decay was studied in the negative ion mode on deprotonated peptides to determine its usefulness for obtaining extensive sequence information for acidic peptides. Eight biological acidic peptides, ranging in size from 11 to 33 residues, were studied by negative ion mode ISD (nISD). The matrices 2,5-dihydroxybenzoic acid, 2-aminobenzoic acid, 2-aminobenzamide, 1,5-diaminonaphthalene, 5-amino-1-naphthol, 3-aminoquinoline, and 9-aminoacridine were used with each peptide. Optimal fragmentation was produced with 1,5-diaminonphthalene (DAN), and extensive sequence informative fragmentation was observed for every peptide except hirudin(54-65). Cleavage at the N-Cα bond of the peptide backbone, producing c' and z' ions, was dominant for all peptides. Cleavage of the N-Cα bond N-terminal to proline residues was not observed. The formation of c and z ions is also found in electron transfer dissociation (ETD), electron capture dissociation (ECD), and positive ion mode ISD, which are considered to be radical-driven techniques. Oxidized insulin chain A, which has four highly acidic oxidized cysteine residues, had less extensive fragmentation. This peptide also exhibited the only charged localized fragmentation, with more pronounced product ion formation adjacent to the highly acidic residues. In addition, spectra were obtained by positive ion mode ISD for each protonated peptide; more sequence informative fragmentation was observed via nISD for all peptides. Three of the peptides studied had no product ion formation in ISD, but extensive sequence informative fragmentation was found in their nISD spectra. The results of this study indicate that nISD can be used to readily obtain sequence information for acidic peptides.

Strategic self-regulation, decision-making and emotion processing in poly-substance abusers in their first year of abstinence.

Science.gov (United States)

Verdejo-García, Antonio; Rivas-Pérez, Cristina; Vilar-López, Raquel; Pérez-García, Miguel

2007-01-12

Individuals with substance dependence (ISD) frequently show signs of impaired emotion processing, self-regulation and decision-making, even after prolonged abstinence from drug use and partial recovery of other neuropsychological functions. These impairments have been associated with alterations in the orbitofrontal cortex (OFC) in lesion and imaging studies. The aim of this study was to examine the performance of a group of ISD, who had been abstinent for at least 4 months, on a series of emotional perception, self-regulation and decision-making tests sensitive to OFC dysfunction. Thirty ISD (poly-substance abusers in their first year of abstinence) and 35 healthy comparison (HC) participants were in the study. We administered the Ekman Faces Test (EFT), the Revised Strategy Application Test (R-SAT) and the Iowa Gambling Task (IGT) to both ISD and HC. Results showed that the ISD presented significant deficits in the recognition of facial emotional expressions and decision-making as measured by the EFT and the IGT. The ISD also showed poorer strategy awareness, impaired self-regulation and higher impulsivity on the R-SAT. We found significant correlations between the different measures linked to OFC functioning. We did not find significant correlations between length of abstinence and performance on these tests. These results suggest that the evaluation of emotion, self-regulation and decision-making contributes greatly to the characterization of the persistent deficits exhibited by ISD during prolonged abstinence.

Building the Foundation

Science.gov (United States)

Brooks, Marilyn

2006-01-01

In this column, the author shares some of the processes involved with the restructuring of the elementary curriculum and the role of technology in the classroom. When Plano ISD committed time, talent, and technology to a new educational vision, the Elementary Integrated Curriculum project was born. The goal: to integrate subject matter and…

Intermittent self-dilatation for urethral stricture disease in males: A systematic review and meta-analysis.

Science.gov (United States)

Ivaz, Stella L; Veeratterapillay, Rajan; Jackson, Matthew J; Harding, Christopher K; Dorkin, Trevor J; Andrich, Daniela E; Mundy, Anthony R

2016-09-01

Intermittent self-dilatation (ISD) may be recommended to reduce the risk of recurrent urethral stricture. Level one evidence to support the use of this intervention is lacking. Determine the clinical and cost-effectiveness of ISD for the management of urethral stricture disease in males. The strategy developed for the Cochrane Incontinence Review Group as a whole (last searched May 7, 2014). Randomised trials where one arm was a programme of ISD for urethral stricture. At least two independent review authors carried out trial assessment, selection, and data abstraction. Data from six trials that were pooled and collectively rated very low quality per the GRADE approach, indicated that recurrent urethral stricture was less likely in men who performed ISD than those who did not (RR 0.70, 95% CI 0.48-1.00). Two trials compared programmes of ISD but the data were not combined and neither were sufficiently robust to draw firm conclusions. Three trials compared devices for performing ISD, results from one of which were too uncertain to determine the effects of a low friction hydrophilic catheter versus a polyvinyl chloride catheter on risk of recurrent urethral stricture (RR 0.32, 95% CI 0.07 to 1.40); another did not find evidence of a difference between 1% triamcinolone gel for lubricating the ISD catheter versus water-based gel on risk of recurrent urethral stricture (RR 0.68, 95% CI 0.35 to 1.32). No trials gave cost-effectiveness or validated PRO data. ISD may decrease the risk of recurrent urethral stricture. A well-designed RCT is required to determine whether that benefit alone is sufficient to make this intervention worthwhile and in whom. Neurourol. Urodynam. 35:759-763, 2016. © 2015 Wiley Periodicals, Inc. © 2015 Wiley Periodicals, Inc.

SIXTEEN YEARS OF ULYSSES INTERSTELLAR DUST MEASUREMENTS IN THE SOLAR SYSTEM. II. FLUCTUATIONS IN THE DUST FLOW FROM THE DATA

International Nuclear Information System (INIS)

Strub, Peter; Krüger, Harald; Sterken, Veerle J.

2015-01-01

The Ulysses spacecraft provided the first opportunity to identify and study interstellar dust (ISD) in situ in the solar system between 1992 and 2007. Here we present the first comprehensive analysis of the ISD component in the entire Ulysses dust data set. We analyzed several parameters of the ISD flow in a time-resolved fashion: flux, flow direction, mass index, and flow width. The general picture is in agreement with a time-dependent focusing/defocusing of the charged dust particles due to long-term variations of the solar magnetic field throughout a solar magnetic cycle of 22 years. In addition, we confirm a shift in dust direction of 50° ± 7° in 2005, along with a steep, size-dependent increase in flux by a factor of 4 within 8 months. To date, this is difficult to interpret and has to be examined in more detail by new dynamical simulations. This work is part of a series of three papers. This paper concentrates on the time-dependent flux and direction of the ISD. In a companion paper we analyze the overall mass distribution of the ISD measured by Ulysses, and a third paper discusses the results of modeling the flow of the ISD as seen by Ulysses

SIXTEEN YEARS OF ULYSSES INTERSTELLAR DUST MEASUREMENTS IN THE SOLAR SYSTEM. II. FLUCTUATIONS IN THE DUST FLOW FROM THE DATA

Energy Technology Data Exchange (ETDEWEB)

Strub, Peter; Krüger, Harald [Max-Planck-Institut für Sonnensystemforschung, Justus-von-Liebig-Weg 3, D-37077 Göttingen (Germany); Sterken, Veerle J., E-mail: krueger@mps.mpg.de [International Space Science Institute, Hallerstrasse 6, 3012 Bern (Switzerland)

2015-10-20

The Ulysses spacecraft provided the first opportunity to identify and study interstellar dust (ISD) in situ in the solar system between 1992 and 2007. Here we present the first comprehensive analysis of the ISD component in the entire Ulysses dust data set. We analyzed several parameters of the ISD flow in a time-resolved fashion: flux, flow direction, mass index, and flow width. The general picture is in agreement with a time-dependent focusing/defocusing of the charged dust particles due to long-term variations of the solar magnetic field throughout a solar magnetic cycle of 22 years. In addition, we confirm a shift in dust direction of 50° ± 7° in 2005, along with a steep, size-dependent increase in flux by a factor of 4 within 8 months. To date, this is difficult to interpret and has to be examined in more detail by new dynamical simulations. This work is part of a series of three papers. This paper concentrates on the time-dependent flux and direction of the ISD. In a companion paper we analyze the overall mass distribution of the ISD measured by Ulysses, and a third paper discusses the results of modeling the flow of the ISD as seen by Ulysses.

Influence of Sound Source Location on the Behavior and Physiology of the Precedence Effect in Cats

OpenAIRE

Dent, Micheal L.; Tollin, Daniel J.; Yin, Tom C. T.

2009-01-01

Psychophysical experiments on the precedence effect (PE) in cats have shown that they localize pairs of auditory stimuli presented from different locations in space based on the spatial position of the stimuli and the interstimulus delay (ISD) between the stimuli in a manner similar to humans. Cats exhibit localization dominance for pairs of transient stimuli with |ISDs| from ∼0.4 to 10 ms, summing localization for |ISDs| 10 ms, which is the appro...

Court supervised institutional transformation in South Africa ...

African Journals Online (AJOL)

The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions ...

Concurrent chemoradiotherapy for esophageal cancer. Comparison between intermittent standard-dose cisplatin with 5-fluorouracil and daily low-dose cisplatin with continuous infusion of 5-fluorouracil

International Nuclear Information System (INIS)

Sai, Heitetsu; Mitsumori, Michihide; Yamauchi, Chikako; Araki, Norio; Okumura, Setsuko; Nagata, Yasushi; Nishimura, Yasumasa; Hiraoka, Masahiro

2004-01-01

Although current standard treatment for advanced esophageal cancer is intermittent standard-dose cisplatin with 5-fluorouracil (5-FU) (ISD-FP), daily low-dose cisplatin with continuous infusion of 5-FU (CLD-FP) is advocated for equivalent effectiveness and lower toxicity. The feasibility of these two concurrent chemoradiotherapeutic protocols was retrospectively reviewed for local control rate, overall survival, toxicity, and compliance in a single institutional situation. Concurrent chemoradiotherapy, using 60 Gy of radiation and ISD-FP or CLD-FP was non-randomly scheduled for 29 patients between June 1994 and March 2001. Complete response in the irradiated volume at the end of primary treatment was shown by 8 of 15 and 9 of 14 patients in the ISD-FP and CLD-FP groups, respectively. The projected overall survival rate at 2 years was 55% for stage III patients and 13% for stage IV. Median survival times were 14 months versus 15 months in the ISD-FP and CLD-FP groups, with no significant difference. Toxicities were similar, including two treatment-related deaths in each group. Chemotherapy was completed for 10 of 15 and 11 of 14 patients in the ISD-FP and CLD-FP groups, respectively. Modification of the planned regimen was more often required for the CLD-FP group. CLD-FP therapy has no apparent advantage over ISD-FP therapy from the perspective of compliance and safety. A randomized phase II clinical trial comparing ISD-FP and CLD-FP, currently being performed, is expected to provide further information. (author)

The effectiveness of istradefylline for the treatment of gait deficits and sleepiness in patients with Parkinson's disease.

Science.gov (United States)

Matsuura, Keita; Kajikawa, Hiroyuki; Tabei, Ken-Ichi; Satoh, Masayuki; Kida, Hirotaka; Nakamura, Naoko; Tomimoto, Hidekazu

2018-01-01

Istradefylline is useful in treating the wearing-off state in Parkinson's disease (PD). We investigated the effectiveness of istradefylline (ISD) in improving arousal, sleep, and gait deficits in patients with PD. We examined 14 patients with PD treated with ISD. We assessed the patients using the Unified Parkinson's Disease Rating Scale, Parkinson's Disease Questionnaire, Timed Up-and-Go test (TUG), Freezing of Gait Questionnaire (FOG-Q), Epworth Sleepiness Scale (ESS), and Parkinson's Disease Sleep Scale (PDSS) before and 1 month after ISD use. ESS scores were significantly lower 1 month after the start of ISD treatment (6.79±6.50) than before the intervention (8.14±6.15, Wilcoxon signed-rank test, p=0.0033). PDSS scores were not significantly different 1 month after beginning the treatment (112±23mm) when compared to those before the intervention (110±27mm, Wilcoxon signed-rank test, p=0.40). TUG scores were not changed after 1 month of ISD use (14.9±8.3s) when compared to those before the intervention (21.3±30.0s, Wilcoxon signed-rank test, p=0.59). Although these measures were not significantly affected by ISD treatment, some patients remarkably improved after the treatment. FOG-Q scores were significantly lower 1 month after the beginning of treatment (9.79±7.16) than those before the intervention (12.14±5.82, Wilcoxon signed-rank test, p=0.030). ISD may improve daytime sleepiness and FOG in patients with PD. Copyright © 2017 Elsevier B.V. All rights reserved.

Immunosuppressive Drug Discontinuation in Noninfectious Uveitis From Real-Life Clinical Practice: A Survival Analysis.

Science.gov (United States)

Abásolo, Lydia; Rosales, Zulema; Díaz-Valle, David; Gómez-Gómez, Alejandro; Peña-Blanco, Rayma C; Prieto-García, Ángela; Benítez-Del-Castillo, José Manuel; Pato, Esperanza; García-Feijoo, Julián; Fernández-Gutiérrez, Benjamín; Rodriguez-Rodriguez, Luis

2016-09-01

To assess in uveitis patients the rate of immunosuppressive drug (ISD) discontinuation in real-life clinical practice, comparing this rate among ISDs. Longitudinal retrospective cohort study. We included uveitis patients attending a tertiary eye referral center from Madrid (Spain) between 1989 and 2015, prescribed any ISDs (cyclosporine, methotrexate, azathioprine, anti-TNF drugs, or others). Our main outcome was discontinuation of all ISDs owing to clinical efficacy, inefficacy, adverse drug reaction (ADR), and other medical causes. Discontinuation rates (DRs) per 100 patient-years were estimated. Variables associated with specific-cause discontinuations were analyzed using Cox bivariate and multivariate models. We analyzed 110 patients with 263 treatment courses and 665.2 patient-years of observation. Cyclosporine (66.4%), methotrexate (47.3%), azathioprine (30.9%), and anti-TNFs (30.9%) were the most frequently used ISDs. Treatment was suspended in 136 cases (mostly owing to clinical efficacy [38.2%], inefficacy [26.5%], and ADRs [22.8%]). All-cause DR with 95% confidence interval was 20.4 [17.3-24.2]. Retention rates at 1 and 10 years were 74% and 16%, respectively. In the multivariate analysis, combined treatment exhibited higher DRs owing to clinical efficacy than other ISDs in monotherapy. Conversely, nonbiologic combination therapy with azathioprine exhibited the highest DR owing to ADRs. Clinical efficacy was the most frequent cause for ISD discontinuation, followed by inefficacy and ADRs. DR owing to efficacy was higher for combination therapy. Furthermore, nonbiologic combination therapy with azathioprine was associated with a higher DR owing to ADRs. Copyright © 2016 Elsevier Inc. All rights reserved.

Strengthening Locus Standi in Human Rights Litigation in Zimbabwe: An analysis of the Provisions in the New Zimbabwean Constitution

Directory of Open Access Journals (Sweden)

Lovemore Chiduza

2016-05-01

Full Text Available Zimbabweans have been both victims of and witnesses to serious human rights violations over the years. Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, they have largely remained unprosecuted and unpunished. Such impunity is inter alia the result of ineffective law enforcement mechanisms and institutions as well as the lack of capacity and legal knowledge of victims to approach the courts and seek redress. These factors negatively affected the protection of human rights and access to justice in Zimbabwe. Although the Lancaster House Constitution contained a Declaration of Rights, its enforcement mechanisms, particularly those relating to locus standi (legal standing, posed a great challenge to human rights litigation in Zimbabwe. This is so because the Lancaster House Constitution adopted the traditional common law approach to standing. Under this approach it was required that an individual must have a "personal, direct or substantial interest" in a matter in order to have standing. The Lancaster House Constitution failed to recognise the importance of broader rules of standing, which would accommodate public interest litigation, specifically for protecting human rights. Contrary to this, the new Constitution of Zimbabwe (2013 broadens the rules of standing in order to enhance access to the courts. This paper analyses the new approach to standing under the new constitutional dispensation in Zimbabwe. To this end, the discussion commences with an elucidation of the concept of locus standi and its link to access to justice. This is followed by an analysis of locus standi under the Lancaster House Constitution. Since the new approach in Zimbabwe is greatly informed by the South African approach to locus standi, a brief analysis of standing in South Africa is made. The paper concludes with a discussion of the approach to locus standi under the new constitution with a view to

Litigation in Obstetrics: a Lesson Learnt and a Lesson to Share

Directory of Open Access Journals (Sweden)

Min Min Chou

2006-03-01

Full Text Available A perfect baby is the expectation of all parents, and a perfect outcome is the mission of obstetrics. Every obstetrician dreads to hear that there is an unexpected maternal mortality and/or severe fetal injury at the hospital. The role of a perceived public expectation of perfection in obstetric medicine reflects a belief that bad outcomes in obstetrics should not be tolerated and that every maternal-fetal injury merits financial compensation and punishment. What has brought these troubling times to obstetric medicine? The drivers behind malpractice crises are the four leading interest groups in the medical-legal debate: pregnant patients and their environment (husband, parents, relatives, friends, legislators, and the media, health-care providers, insurance companies, and trial attorneys. Litigation in obstetrics is the result of a complex of events when malpractice (presumed or real impacts on the attitude of pregnant women and their environment. In such complexity, information is mandatory but may often be misinterpreted. If messages are not tailored to the receiver's capacity, communicating well with the pregnant patient becomes crucial. Therefore, to reduce medical-legal issues in obstetrics, increasing attention and an applicable standard of obstetric care to avoid negligence and medical errors should go along with better communication with pregnant women. Communication should be clear, targeted, effective, flexible, and empathic to share a common language and decisions. This review briefly presents and discusses some of the most frequently encountered medical-legal claim cases in obstetric practice. In-depth review of pregnancy-related deaths and major morbidities can help determine strategies needed to continue making pregnancy safer.

Tobacco industry use of personal responsibility rhetoric in public relations and litigation: disguising freedom to blame as freedom of choice.

Science.gov (United States)

Friedman, Lissy C; Cheyne, Andrew; Givelber, Daniel; Gottlieb, Mark A; Daynard, Richard A

2015-02-01

We examined the tobacco industry's rhetoric to frame personal responsibility arguments. The industry rarely uses the phrase "personal responsibility" explicitly, but rather "freedom of choice." When freedom of choice is used in the context of litigation, the industry means that those who choose to smoke are solely to blame for their injuries. When used in the industry's public relations messages, it grounds its meaning in the concept of liberty and the right to smoke. The courtroom "blame rhetoric" has influenced the industry's larger public relations message to shift responsibility away from the tobacco companies and onto their customers. Understanding the rhetoric and framing that the industry employs is essential to combating this tactic, and we apply this comprehension to other industries that act as disease vectors.

Legal problems of doing business with foreign energy cartels

International Nuclear Information System (INIS)

Sayler, R.H.

1983-01-01

This paper focuses on the uranium cartel - or marketing arrangement as its admitted participants styled it. The clash between US antitrust laws and cartels that fix prices is examined with particular emphasis on the uranium antitrust litigation and on a US antitrust lawsuit in which the courts rejected an attack on OPEC's price-fixing and output-limitation activities. Basic legal principles pertaining to this type of litigation are explained. Even more specialized defenses are available to complicate the litigation when foreign governments are involved with the cartel: sovereign immunity, act of state, and foreign governmental compulsion. It is concluded that antitrust litigation against a foreign cartel is not impossible, but it may be unwise in the long run if it precipitates an international reversion to protectionism. 35 references

Integrated Surface Dataset (Global)

Data.gov (United States)

National Oceanic and Atmospheric Administration, Department of Commerce — The Integrated Surface (ISD) Dataset (ISD) is composed of worldwide surface weather observations from over 35,000 stations, though the best spatial coverage is...

Technology Requirements For In Situ Decommissioning Workshop Report

International Nuclear Information System (INIS)

Jannik, T.; Lee, P.; Gladden, J.; Langton, C.; Serrato, M.; Urland, C.; Reynolds, E.

2009-01-01

In recognition of the increasing attention being focused on In Situ Decommissioning (ISD or entombment) as an acceptable and beneficial decommissioning end state, the Department of Energy's (DOE) Office of Environmental Management (EM) is developing guidance for the implementation of ISD of excess facilities within the DOE complex. Consistent with the overarching DOE goals for increased personnel and environmental safety, reduced technical uncertainties and risks, and overall gains in efficiencies and effectiveness, EM's Office of Deactivation and Decommissioning and Facility Engineering (EM-23) initiated efforts to identify the technical barriers and technology development needs for the optimal implementation of ISD. Savannah River National Laboratory (SRNL), as the EM Corporate Laboratory, conducted an ISD Technology Needs Workshop to identify the technology needs at DOE sites. The overall goal of the workshop was to gain a full understanding of the specific ISD technical challenges, the technologies available, and those needing development. The ISD Workshop was held December 9-10, 2008 in Aiken, SC. Experienced decommissioning operations personnel from Richland Operations Office (RL), Idaho National Laboratory (INL) and Savannah River Site (SRS) along with scientists and engineers specific expertise were assembled to identify incremental and 'game changing' solutions to ISD technology challenges. The workshop and follow-up activities yielded 14 technology needs statements and the recommendation that EM-23 prioritize and pursue the following specific technology development and deployment actions. For each action, the recommended technology acquisition mechanisms (competitive solicitation (CS) or direct funding (TCR)) are provided. Activities that are time critical for ISD projects, or require unique capabilities that reside in the DOE Laboratory system will be funded directly to those institutions. Activities that have longer lead times and where the private

Comparison of outcomes in hematological malignancies treated with haploidentical or HLA-identical sibling hematopoietic stem cell transplantation following myeloablative conditioning: A meta-analysis

Science.gov (United States)

Guo, Dan; Xu, Peipei; Chen, Bing

2018-01-01

Purpose Haploidentical and human leukocyte antigen (HLA)-identical sibling hematopoietic stem transplantation are two main ways used in allogeneic hematopoietic stem cell transplantation (allo-HSCT). In recent years, remarkable progress has been made in haploidentical allo-HSCT (HID-SCT), and some institutions found HID-SCT had similar outcomes as HLA-identical sibling allo-HSCT (ISD-SCT). To clarify if HID-SCT has equal effects to ISD-SCT in hematologic malignancies, we performed this meta-analysis. Methods Relevant articles published prior to February 2017 were searched on PubMed. Two reviewers assessed the quality of the included studies and extracted data independently. Odds ratio (OR) and 95% confidence intervals (CIs) were calculated for statistical analysis. Results Seven studies including 1919 patients were included. The rate of platelet engraftment is significantly lower after HID-SCT versus ISD-SCT while there is no difference in neutrophil engraftment (OR = 2.58, 95% CI = 1.70–3.93, P SCT versus ISD-SCT (OR = 1.88, 95% CI = 1.42–2.49, P SCT group (OR = 0.70, 95% CI = 0.55–0.90, P = 0.005). The incidence rates of overall survival (OS) and disease-free-survival/leukemia-free survival/relapse-free survival (DFS/LFS/RFS) after ISD-SCT are all significantly superior to HID-SCT (OR = 1.32, 95% CI = 1.08–1.62, P = 0.006; OR = 1.25, 95% CI = 1.03–1.52, P = 0.02). There is no significant difference in transplantation related mortality (TRM) rate after HID-SCT and ISD-SCT. Conclusion After myeloablative conditioning, patients receiving ISD-SCT have a faster engraftment, lower acute GVHD and longer life expectancy compared to HID-SCT with GVHD prophylaxis (cyclosporine A, methotrexate, mycophenolate mofetil and antithymoglobulin; CsA + MTX + MMF + ATG). Currently, HID-SCT with GVHD prophylaxis (CsA + MTX + MMF + ATG) may not replace ISD-SCT when HLA-identical sibling donor available. PMID:29381772

Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

Science.gov (United States)

Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

2012-06-15

The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes. Copyright © 2012 Meier, Nygren

Public interface and waste management planning: An approach for integrating community involvement in waste strategies

International Nuclear Information System (INIS)

Xiques, P.J.

1988-01-01

Public involvement and information programs have bridged a communication abyss and allowed waste management policy-makers to understand legitimate public concerns. The perception often held by waste generators that technical concerns had greater validity than institutional issues is being altered as managers realize that information failures can halt a program as abruptly as technical ones. The role and level of involvement of the public in establishing waste management policies has changed dramatically over the past decade. Once the domain only of the generators and regulators, effective waste management strategy development must now make early provisions for public and local government involvement. By allowing public decision makers to participate in the initial planning process and maintain involvement throughout the implementation, many institutional barriers can be avoided. In today's climate, such barriers may represent direct costs, such as litigation, or indirect costs, such as delay, deferral, or duplication of work. Government programs have historically enjoyed a degree of insulation from public involvement factors on the basis of national security, defense, or the greater public good. However, such programs are no longer sacrosanct. Today, the cost of cleaning up past environmental impact can leave little or no money to meet present program objectives. Thus failure to get a public consensus before beginning remedial action can have a major impact on the allocation of scarce resources. Specific approaches to integrating the public into the planning phase of waste management will be addressed, including audience identification, issue analysis and tracking, prioritization of concerns, and information tool development

IMPACT OF HEALTH TECHNOLOGY ASSESSMENT IN LITIGATION CONCERNING ACCESS TO HIGH-COST DRUGS.

Science.gov (United States)

Aleman, Alicia; Perez Galan, Ana

2017-01-01

The impact of health technology assessment (HTA) in the judicialization of the right of health has not been deeply studied in Latin American countries. The purpose of this study is to review the process of judicialization of the access to high cost drugs in Uruguay and assess the impact HTAs have had on this process. The methodology used for this study included a comprehensive literature search in electronic databases, local journals, internal documents developed in the Ministry of Health, as well as conducting interviews with key informants. Judicialization of the access of high cost drugs has been increasing since 2010. The strategy of the Ministry of Health of Uruguay to decrease this problem included the organization of roundtables with judges and other stakeholders on the basis of HTA, the training of defense lawyers in the use and interpretation of HTA, and the participation of a professional who develops HTA in the preparation of the defense arguments. A year after the implementation of this strategy, 25 percent of writs of protection were won by the Ministry of Health. Even though the strategy implemented was effective in reducing the loss of litigations, it was not effective in reducing the growing number of writs of protection. It is essential to address this problem in a broad debate and to promote understanding between the parties.

Conceptualizing Interpersonal Relationships in Agile IS Development

DEFF Research Database (Denmark)

Madsen, Sabine; Matook, Sabine

Agile information systems development (ISD) is a people-centered approach that emphasizes frequent interaction and genuine co-operation between customers and developers. While business relationships are the norm in the workplace, agile ISD leads to the creation of close interpersonal relationships....... Drawing on relationship theory and friendship literature we propose a theoretical framework of three types of workplace relationships. The framework is used for deriving theoretical preconceptions about agile relationships and their impact on the agile ISD team’s ability to deliver valuable, working...... software frequently. We also present the interpretive approach we will apply. An understanding of the relationship specific aspects of agile ISD as well as of the importance and impact of certain relationship characteristics can help explain why some agile projects succeed, while others fail...

JAK3 as an Emerging Target for Topical Treatment of Inflammatory Skin Diseases.

Directory of Open Access Journals (Sweden)

Ana Karina Alves de Medeiros

Full Text Available The recent interest and elucidation of the JAK/STAT signaling pathway created new targets for the treatment of inflammatory skin diseases (ISDs. JAK inhibitors in oral and topical formulations have shown beneficial results in psoriasis and alopecia areata. Patients suffering from other ISDs might also benefit from JAK inhibition. Given the development of specific JAK inhibitors, the expression patterns of JAKs in different ISDs needs to be clarified. We aimed to analyze the expression of JAK/STAT family members in a set of prevalent ISDs: psoriasis, lichen planus (LP, cutaneous lupus erythematosus (CLE, atopic dermatitis (AD, pyoderma gangrenosum (PG and alopecia areata (AA versus healthy controls for (pJAK1, (pJAK2, (pJAK3, (pTYK2, pSTAT1, pSTAT2 and pSTAT3. The epidermis carried in all ISDs, except for CLE, a strong JAK3 signature. The dermal infiltrate showed a more diverse expression pattern. JAK1, JAK2 and JAK3 were significantly overexpressed in PG and AD suggesting the need for pan-JAK inhibitors. In contrast, psoriasis and LP showed only JAK1 and JAK3 upregulation, while AA and CLE were characterized by a single dermal JAK signal (pJAK3 and pJAK1, respectively. This indicates that the latter diseases may benefit from more targeted JAK inhibitors. Our in vitro keratinocyte psoriasis model displayed reversal of the psoriatic JAK profile following tofacitinib treatment. This direct interaction with keratinocytes may decrease the need for deep skin penetration of topical JAK inhibitors in order to exert its effects on dermal immune cells. In conclusion, these results point to the important contribution of the JAK/STAT pathway in several ISDs. Considering the epidermal JAK3 expression levels, great interest should go to the investigation of topical JAK3 inhibitors as therapeutic option of ISDs.

Stardust Interstellar Preliminary Examination X: Impact Speeds and Directions of Interstellar Grains on the Stardust Dust Collector

Science.gov (United States)

Sterken, Veerle J.; Westphal, Andrew J.; Altobelli, Nicolas; Grun, Eberhard; Hillier, Jon K.; Postberg, Frank; Allen, Carlton; Stroud, Rhonda M.; Sandford, S. A.; Zolensky, Michael E.

2014-01-01

On the basis of an interstellar dust model compatible with Ulysses and Galileo observations, we calculate and predict the trajectories of interstellar dust (ISD) in the solar system and the distribution of the impact speeds, directions, and flux of ISD particles on the Stardust Interstellar Dust Collector during the two collection periods of the mission. We find that the expected impact velocities are generally low (less than 10 km per second) for particles with the ratio of the solar radiation pressure force to the solar gravitational force beta greater than 1, and that some of the particles will impact on the cometary side of the collector. If we assume astronomical silicates for particle material and a density of 2 grams per cubic centimeter, and use the Ulysses measurements and the ISD trajectory simulations, we conclude that the total number of (detectable) captured ISD particles may be on the order of 50. In companion papers in this volume, we report the discovery of three interstellar dust candidates in the Stardust aerogel tiles. The impact directions and speeds of these candidates are consistent with those calculated from our ISD propagation model, within the uncertainties of the model and of the observations.

Deduction of initial strategy distributions of agents in mix-game models

Science.gov (United States)

Gou, Chengling

2006-11-01

This paper reports the effort of deducing the initial strategy distributions (ISDs) of agents in mix-game models that is used to predict a real financial time series generated from a target financial market. Using mix-games to predict Shanghai Index, we find that the time series of prediction accurate rates is sensitive to the ISDs of agents in group 2 who play a minority game, but less sensitive to the ISDs of agents in group 1 who play a majority game. And agents in group 2 tend to cluster in full strategy space (FSS) if the real financial time series has obvious tendency (upward or downward), otherwise they tend to scatter in FSS. We also find that the ISDs and the number of agents in group 1 influence the level of prediction accurate rates. Finally, this paper gives suggestion about further research.

Discovering the process of user expectating in a pilot implementation

DEFF Research Database (Denmark)

Hansen, Magnus Rotvit Perlt

feedback on their usage experience. The theoretical implications are that researchers should be wary of attempting to assess and measure users expectations in an ISD project using prior prevalent theories on user expectations since they do not fully seem to explain the phenomenon in an ISD context......This Ph.D.-dissertation addresses the call for more research on “how” and “why” users change their expectations in Information Systems Development (ISD). Contrary to many previous studies on user expectations in the IS literature, the study takes an interpretative, qualitative approach to address...... the research question of: "How do users change their expectations in an Information Systems Development (ISD) project?" The findings of the study are that users in the case studied characterised their expectations in different ways and did not define an expectation, as previously assumed, as belonging...

A judicialização da saúde e os novos desafios da gestão da assistência farmacêutica Health litigation and new challenges in the management of pharmaceutical services

Directory of Open Access Journals (Sweden)

Vera Lúcia Edais Pepe

2010-08-01

Full Text Available Os desafios para a gestão da assistência farmacêutica (AF provocados pelo fenômeno da judicialização da saúde vêm exigindo um tipo de atuação do gestor, administrativa e judicialmente diferenciada, no sentido de responder às ordens judiciais, evitar o crescimento de novas demandas, bem como preservar os princípios e as diretrizes do Sistema Único de Saúde (SUS. Este artigo se propõe a avançar na compreensão de um dos aspectos da judicialização da saúde, representado pelo intenso uso da via judicial para fornecimento de medicamentos, em especial, a relação deste mecanismo com a gestão da AF no SUS. A partir de revisão e análise das pesquisas disponíveis, realizadas em estados e municípios brasileiros, são abordados os principais elementos de interferência da "judicialização de medicamentos" no ciclo da AF, explicitando características comuns e divergentes desta demanda. Aponta, ao final, mecanismos possíveis de serem adotados na tomada de decisão neste âmbito, pelos gestores e profissionais do sistema de justiça, uma vez que a efetivação do direito à saúde só se realizará se no momento da tomada de decisão forem adotadas medidas, tanto por parte da gestão da AF como do Poder Judiciário, que certifiquem a segurança e a proteção dos usuários.Health litigation spurs many challenges in the management of pharmaceutical services. Performance of health managers and decisionmakers must be adjusted to new administrative and legal boundaries. Their actions must also be efficient in responding to ongoing lawsuits, as well as in avoiding additional litigation and in upholding principles and directives of the Brazilian Health System (SUS. This paper proposes to better understand one of the aspects of health litigation, namely the growing use of lawsuits demanding medicines, and the relationship between this phenomenon and pharmaceutical services management in SUS. Through review and analysis of available

What an endoscopist should know about immunoglobulin-G4-associated disease of the pancreas and biliary tree

NARCIS (Netherlands)

Maillette de Buy Wenniger, L.; Rauws, E. A.; Beuers, U.

2012-01-01

Autoimmune pancreatitis (AIP) and IgG4-associated cholangitis (IAC) are the recently recognized pancreatobiliary manifestations of IgG4-associated systemic disease (ISD). Clinically, ISD of the pancreas and/or biliary tree may mimic pancreatic cancer, sclerosing cholangitis, or cholangiocarcinoma.

Judicial Review: Issues of State Court Involvement in School Finance Litigation.

Science.gov (United States)

Colwell, William Bradley

1998-01-01

Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

Surgical Fires and Operative Burns: Lessons Learned From a 33-Year Review of Medical Litigation.

Science.gov (United States)

Choudhry, Asad J; Haddad, Nadeem N; Khasawneh, Mohammad A; Cullinane, Daniel C; Zielinski, Martin D

2017-03-01

We aimed to understand the setting and litigation outcomes of surgical fires and operative burns. Westlaw, an online legal research data-set, was utilized. Data were collected on patient, procedure, and case characteristics. One hundred thirty-nine cases were identified; 114 (82%) operative burns and 25 (18%) surgical fires. Median plaintiff (patient) age was 46 (IQR:28-59). Most common site of operative burn was the face (26% [n = 36]). Most common source of injury was a high energy device (43% [n = 52]). Death was reported in 2 (1.4%) cases. Plaintiff age <18 vs age 18-50 and mention of a non-surgical physician as a defendant both were shown to be independently associated with an award payout (OR = 4.90 [95% CI, 1.23-25.45]; p = .02) and (OR = 4.50 [95% CI, 1.63-13.63]; p = .003) respectively. Plaintiff award payment (settlement or plaintiff verdict) was reported in 83 (60%) cases; median award payout was $215,000 (IQR: $82,000-$518,000). High energy devices remain as the most common cause of injury. Understanding and addressing pitfalls in operative care may mitigate errors and potentially lessen future liability. III. Copyright © 2016 Elsevier Inc. All rights reserved.

Decadal changes in shoreline patterns in Sundarbans, India

Digital Repository Service at National Institute of Oceanography (India)

Chatterjee, N.; Mukhopadhyay, R.; Mitra, D.

islands in Indian Sundarbans (ISD) since 1979. Using multi temporal satellite images of LANDSAT, we found that as many as four islands within ISD have lost area in excess of 30%. While the area loss for another three islands has been between 10 and 30...

What Should Instructional Designers Know about General Systems Theory?

Science.gov (United States)

Salisbury, David F.

1989-01-01

Describes basic concepts in the field of general systems theory (GST) and explains the relationship between instructional systems design (ISD) and GST. Benefits of integrating GST into the curriculum of ISD graduate programs are discussed, and a short bibliography on GST is included. (LRW)

The value of in vivo reflectance confocal microscopy in the diagnosis and monitoring of inflammatory and infectious skin diseases: a systematic review

NARCIS (Netherlands)

Hoogedoorn, L.; Peppelman, M.; Kerkhof, P.C.M. van de; Erp, P.E.J. van; Gerritsen, M.J.P.

2015-01-01

In vivo examination of the skin by reflectance confocal microscopy (RCM) has been performed for about 20 years, leading to a broad spectrum of imaged infectious and inflammatory skin diseases (ISD) with many described RCM features. We systematically reviewed all available literature concerning ISD

Flexible xxx-asp/asn and gly-xxx residues of equine cytochrome C in matrix-assisted laser desorption/ionization in-source decay mass spectrometry.

Science.gov (United States)

Takayama, Mitsuo

2012-01-01

The backbone flexibility of a protein has been studied from the standpoint of the susceptibility of amino acid residues to in-source decay (ISD) in matrix-assisted laser desorption/ionization mass spectrometry (MALDI MS). Residues more susceptible to MALDI-ISD, namely Xxx-Asp/Asn and Gly-Xxx, were identified from the discontinuous intense peak of c'-ions originating from specific cleavage at N-Cα bonds of the backbone of equine cytochrome c. The identity of the residues susceptible to ISD was consistent with the known flexible backbone amides as estimated by hydrogen/deuterium exchange (HDX) experiments. The identity of these flexible amino acid residues (Asp, Asn, and Gly) is consistent with the fact that these residues are preferred in flexible secondary structure free from intramolecular hydrogen-bonded structures such as α-helix and β-sheet. The MALDI-ISD spectrum of equine cytochrome c gave not only intense N-terminal side c'-ions originating from N-Cα bond cleavage at Xxx-Asp/Asn and Gly-Xxx residues, but also C-terminal side complement z'-ions originating from the same cleavage sites. The present study implies that MALDI-ISD can give information about backbone flexibility of proteins, comparable with the protection factors estimated by HDX.

Flexible Xxx–Asp/Asn and Gly–Xxx Residues of Equine Cytochrome c in Matrix-Assisted Laser Desorption/Ionization In-Source Decay Mass Spectrometry

Science.gov (United States)

Takayama, Mitsuo

2012-01-01

The backbone flexibility of a protein has been studied from the standpoint of the susceptibility of amino acid residues to in-source decay (ISD) in matrix-assisted laser desorption/ionization mass spectrometry (MALDI MS). Residues more susceptible to MALDI-ISD, namely Xxx–Asp/Asn and Gly–Xxx, were identified from the discontinuous intense peak of c′-ions originating from specific cleavage at N–Cα bonds of the backbone of equine cytochrome c. The identity of the residues susceptible to ISD was consistent with the known flexible backbone amides as estimated by hydrogen/deuterium exchange (HDX) experiments. The identity of these flexible amino acid residues (Asp, Asn, and Gly) is consistent with the fact that these residues are preferred in flexible secondary structure free from intramolecular hydrogen-bonded structures such as α-helix and β-sheet. The MALDI-ISD spectrum of equine cytochrome c gave not only intense N-terminal side c′-ions originating from N–Cα bond cleavage at Xxx–Asp/Asn and Gly–Xxx residues, but also C-terminal side complement z′-ions originating from the same cleavage sites. The present study implies that MALDI-ISD can give information about backbone flexibility of proteins, comparable with the protection factors estimated by HDX. PMID:24349908

Fundamental study of hydrogen-attachment-induced peptide fragmentation occurring in the gas phase and during the matrix-assisted laser desorption/ionization process.

Science.gov (United States)

Asakawa, Daiki; Takahashi, Hidenori; Iwamoto, Shinichi; Tanaka, Koichi

2018-05-09

Mass spectrometry with hydrogen-radical-mediated fragmentation techniques has been used for the sequencing of proteins/peptides. The two methods, matrix-assisted laser desorption/ionization in-source decay (MALDI-ISD) and hydrogen attachment/abstraction dissociation (HAD) are known as hydrogen-radical-mediated fragmentation techniques. MALDI-ISD occurs during laser induced desorption processes, whereas HAD utilizes the association of hydrogen with peptide ions in the gas phase. In this study, the general mechanisms of MALDI-ISD and HAD of peptides were investigated. We demonstrated the fragmentation of four model peptides and investigated the fragment formation pathways using density functional theory (DFT) calculations. The current experimental and computational joint study indicated that MALDI-ISD and HAD produce aminoketyl radical intermediates, which immediately undergo radical-induced cleavage at the N-Cα bond located on the C-terminal side of the radical site, leading to the c'/z˙ fragment pair. In the case of MALDI-ISD, the z˙ fragments undergo a subsequent reaction with the matrix to give z' and matrix adducts of the z fragments. In contrast, the c' and z˙ fragments react with hydrogen atoms during the HAD processes, and various fragment species, such as c˙, c', z˙ and z', were observed in the HAD-MS/MS mass spectra.

Architecture of the Human Mitochondrial Iron-Sulfur Cluster Assembly Machinery*

Science.gov (United States)

Gakh, Oleksandr; Ranatunga, Wasantha; Smith, Douglas Y.; Ahlgren, Eva-Christina; Al-Karadaghi, Salam; Thompson, James R.; Isaya, Grazia

2016-01-01

Fe-S clusters, essential cofactors needed for the activity of many different enzymes, are assembled by conserved protein machineries inside bacteria and mitochondria. As the architecture of the human machinery remains undefined, we co-expressed in Escherichia coli the following four proteins involved in the initial step of Fe-S cluster synthesis: FXN42–210 (iron donor); [NFS1]·[ISD11] (sulfur donor); and ISCU (scaffold upon which new clusters are assembled). We purified a stable, active complex consisting of all four proteins with 1:1:1:1 stoichiometry. Using negative staining transmission EM and single particle analysis, we obtained a three-dimensional model of the complex with ∼14 Å resolution. Molecular dynamics flexible fitting of protein structures docked into the EM map of the model revealed a [FXN42–210]24·[NFS1]24·[ISD11]24·[ISCU]24 complex, consistent with the measured 1:1:1:1 stoichiometry of its four components. The complex structure fulfills distance constraints obtained from chemical cross-linking of the complex at multiple recurring interfaces, involving hydrogen bonds, salt bridges, or hydrophobic interactions between conserved residues. The complex consists of a central roughly cubic [FXN42–210]24·[ISCU]24 sub-complex with one symmetric ISCU trimer bound on top of one symmetric FXN42–210 trimer at each of its eight vertices. Binding of 12 [NFS1]2·[ISD11]2 sub-complexes to the surface results in a globular macromolecule with a diameter of ∼15 nm and creates 24 Fe-S cluster assembly centers. The organization of each center recapitulates a previously proposed conserved mechanism for sulfur donation from NFS1 to ISCU and reveals, for the first time, a path for iron donation from FXN42–210 to ISCU. PMID:27519411

Adaptation of an Agile Information System Development Method

NARCIS (Netherlands)

Aydin, M.N.; Harmsen, A.F.; van Hillegersberg, Jos; Stegwee, R.A.; Siau, K.

2007-01-01

Little specific research has been conducted to date on the adaptation of agile information systems development (ISD) methods. This chapter presents the work practice in dealing with the adaptation of such a method in the ISD department of one of the leading financial institutes in Europe. The

Legal consequences of nuclear accidents and shutdowns. Regulatory matters. Private litigation matters. Transcript of proceedings, held in Hershey, Pennsylvania, July 27-28, 1979

International Nuclear Information System (INIS)

Anon.

1980-01-01

Four months after the Three Mile Island-2 accident, the Pennsylvania Law Journal assembled many of the most prominent attorneys with experience in nuclear power issues to discuss and explore some of the questions confronting lawyers and their clients affected by the nation's worst civilian nuclear accident. It is significant that the conference was held in Hershey, Pennsylvania, seven miles from Harrisburg, the State Capitol, and 15 miles from Three Mile Island. The conference focused on the legal issues, of rates, used and useful, and cost of replacement energy; and the litigation issues - extraordinary nuclear occurrence, theories of liability, and damages. The audience also had a need to discuss the future of Federal regulation as well as the issues of most immediate concern

WE-DE-201-10: Pitfalls When Using Ruby as An Inorganic Scintillator Detector for Ir-192 Brachytherapy Dosimetry

Energy Technology Data Exchange (ETDEWEB)

Kertzscher, G; Beddar, S [The University of Texas MD Anderson Cancer Center, Houston, TX (United States)

2016-06-15

Purpose: To study the promising potential of inorganic scintillator detectors (ISDs) and investigate various unwanted luminescence properties which may compromise their accuracy. Methods: The ISDs were comprised of a ruby crystal coupled to a polymethyl methacrylate (PMMA) fiber-optic cable and a charged coupled device camera. A new type of ISD was manufactured and included a long-pass filter that was sandwiched between the crystal and the fiber-optic cable. The purpose of the filter was to suppress the Cerenkov and fluorescence background light induced in the PMMA (the stem signal) from striking the ruby crystal, generating unwanted ruby excitation. A variety of experiments were performed to characterize the ruby based ISDs. The relative contribution of the induced ruby signal and the stem signal were quantified while exposing the detector and a bare fiber-optic cable to a high dose rate (HDR) brachytherapy (BT) source, respectively. The unwanted ruby excitation was quantified while irradiating the fiber-optic cable with the detector volume shielded. Other experiments addressed time-dependent luminescence properties and a comparison to other commonly used organic scintillator detectors (BCF-12, BCF-60). Results: When the BT source dwelled 0.5 cm away from the fiber-optic cable, the unwanted ruby excitation amounted to >5% of the total signal if the source-distance from the scintillator was >7 cm. However, the unwanted excitation was suppressed to <1% if the ISD incorporated an optic filter. The stem signal was suppressed with a 20 nm band-pass filter and was <3% as long as the source-distance was <7 cm. The ruby based ISDs generated signal up to 20(40) times that of BCF-12(BCF-60). Conclusion: The study presents solutions to unwanted luminescence properties of ruby based ISDs for HDR BT. An optic filter should be sandwiched between the scintillator volume and the fiber-optic cable to prevent the stem signal to excite the ruby crystal.

On the Adaptation of an Agile Information Systems Development Method

NARCIS (Netherlands)

Aydin, M.N.; Harmsen, F.; van Slooten, C.; Stegwee, R.A.

2005-01-01

Little specific research has been conducted to date on the adaptation of agile information systems development (ISD) methods. This article presents the work practice in dealing with the adaptation of such a method in the ISD department of one of the leading financial institutes in Europe. Two forms

HadISD: a quality-controlled global synoptic report database for selected variables at long-term stations from 1973–2011

Directory of Open Access Journals (Sweden)

D. E. Parker

2012-10-01

Full Text Available This paper describes the creation of HadISD: an automatically quality-controlled synoptic resolution dataset of temperature, dewpoint temperature, sea-level pressure, wind speed, wind direction and cloud cover from global weather stations for 1973–2011. The full dataset consists of over 6000 stations, with 3427 long-term stations deemed to have sufficient sampling and quality for climate applications requiring sub-daily resolution. As with other surface datasets, coverage is heavily skewed towards Northern Hemisphere mid-latitudes. The dataset is constructed from a large pre-existing ASCII flatfile data bank that represents over a decade of substantial effort at data retrieval, reformatting and provision. These raw data have had varying levels of quality control applied to them by individual data providers. The work proceeded in several steps: merging stations with multiple reporting identifiers; reformatting to netCDF; quality control; and then filtering to form a final dataset. Particular attention has been paid to maintaining true extreme values where possible within an automated, objective process. Detailed validation has been performed on a subset of global stations and also on UK data using known extreme events to help finalise the QC tests. Further validation was performed on a selection of extreme events world-wide (Hurricane Katrina in 2005, the cold snap in Alaska in 1989 and heat waves in SE Australia in 2009. Some very initial analyses are performed to illustrate some of the types of problems to which the final data could be applied. Although the filtering has removed the poorest station records, no attempt has been made to homogenise the data thus far, due to the complexity of retaining the true distribution of high-resolution data when applying adjustments. Hence non-climatic, time-varying errors may still exist in many of the individual station records and care is needed in inferring long-term trends from these data. This

Integrated specialty service readiness in health reform: connections in haemophilia comprehensive care.

Science.gov (United States)

Pritchard, A M; Page, D

2008-05-01

The World Health Organization (WHO) has identified primary healthcare reform as a global priority whereby innovative practice changes are directed at improving health. This transformation to health reform in haemophilia service requires clarification of comprehensive care to reflect the WHO definition of health and key elements of primary healthcare reform. While comprehensive care supports effective healthcare delivery, comprehensive care must also be regarded beyond immediate patient management to reflect the broader system purpose in the care continuum with institutions, community agencies and government. Furthermore, health reform may be facilitated through integrated service delivery (ISD). ISD in specialty haemophilia care has the potential to reduce repetition of assessments, enhance care plan communication between providers and families, provide 24-h access to care, improve information availability regarding care quality and outcomes, consolidate access for multiple healthcare encounters and facilitate family self-efficacy and autonomy [1]. Three core aspects of ISD have been distinguished: clinical integration, information management and technology and vertical integration in local communities [2]. Selected examples taken from Canadian haemophilia comprehensive care illustrate how practice innovations are bridged with a broader system level approach and may support initiatives in other contexts. These innovations are thought to indicate readiness regarding ISD. Reflecting on the existing capacity of haemophilia comprehensive care teams will assist providers to connect and direct their existing strengths towards ISD and health reform.

Influence of sound source location on the behavior and physiology of the precedence effect in cats.

Science.gov (United States)

Dent, Micheal L; Tollin, Daniel J; Yin, Tom C T

2009-08-01

Psychophysical experiments on the precedence effect (PE) in cats have shown that they localize pairs of auditory stimuli presented from different locations in space based on the spatial position of the stimuli and the interstimulus delay (ISD) between the stimuli in a manner similar to humans. Cats exhibit localization dominance for pairs of transient stimuli with |ISDs| from approximately 0.4 to 10 ms, summing localization for |ISDs| 10 ms, which is the approximate echo threshold. The neural correlates to the PE have been described in both anesthetized and unanesthetized animals at many levels from auditory nerve to cortex. Single-unit recordings from the inferior colliculus (IC) and auditory cortex of cats demonstrate that neurons respond to both lead and lag sounds at ISDs above behavioral echo thresholds, but the response to the lag is reduced at shorter ISDs, consistent with localization dominance. Here the influence of the relative locations of the leading and lagging sources on the PE was measured behaviorally in a psychophysical task and physiologically in the IC of awake behaving cats. At all configurations of lead-lag stimulus locations, the cats behaviorally exhibited summing localization, localization dominance, and breakdown of fusion. Recordings from the IC of awake behaving cats show neural responses paralleling behavioral measurements. Both behavioral and physiological results suggest systematically shorter echo thresholds when stimuli are further apart in space.

Autonomous Driver Based on an Intelligent System of Decision-Making.

Science.gov (United States)

Czubenko, Michał; Kowalczuk, Zdzisław; Ordys, Andrew

The paper presents and discusses a system ( xDriver ) which uses an Intelligent System of Decision-making (ISD) for the task of car driving. The principal subject is the implementation, simulation and testing of the ISD system described earlier in our publications (Kowalczuk and Czubenko in artificial intelligence and soft computing lecture notes in computer science, lecture notes in artificial intelligence, Springer, Berlin, 2010, 2010, In Int J Appl Math Comput Sci 21(4):621-635, 2011, In Pomiary Autom Robot 2(17):60-5, 2013) for the task of autonomous driving. The design of the whole ISD system is a result of a thorough modelling of human psychology based on an extensive literature study. Concepts somehow similar to the ISD system can be found in the literature (Muhlestein in Cognit Comput 5(1):99-105, 2012; Wiggins in Cognit Comput 4(3):306-319, 2012), but there are no reports of a system which would model the human psychology for the purpose of autonomously driving a car. The paper describes assumptions for simulation, the set of needs and reactions (characterizing the ISD system), the road model and the vehicle model, as well as presents some results of simulation. It proves that the xDriver system may behave on the road as a very inexperienced driver.

Comparing the MMPI-2 Scale Scores of Parents Involved in Parental Competency and Child Custody Assessments

Science.gov (United States)

Resendes, John; Lecci, Len

2012-01-01

MMPI-2 scores from a parent competency sample (N = 136 parents) are compared with a previously published data set of MMPI-2 scores for child custody litigants (N = 508 parents; Bathurst et al., 1997). Independent samples t tests yielded significant and in some cases substantial differences on the standard MMPI-2 clinical scales (especially Scales…

A Symbiosis between Instructional Systems Design and Project Management

Science.gov (United States)

Pan, Cheng-Chang

2012-01-01

This study is intended to explore a complementary relationship between instructional systems design (ISD) and project management in an attempt to build a plausible case for integrating project management as a distinct course in the core of the graduate instructional systems design programs. It is argued that ISD and project management should form…

Investigating Reliabilities of Intraindividual Variability Indicators

Science.gov (United States)

Wang, Lijuan; Grimm, Kevin J.

2012-01-01

Reliabilities of the two most widely used intraindividual variability indicators, "ISD[superscript 2]" and "ISD", are derived analytically. Both are functions of the sizes of the first and second moments of true intraindividual variability, the size of the measurement error variance, and the number of assessments within a burst. For comparison,…

Predicting Nitrogen Transport From Individual Sewage Disposal Systems for a Proposed Development in Adams County, Colorado

Science.gov (United States)

Heatwole, K. K.; McCray, J.; Lowe, K.

2005-12-01

Individual sewage disposal systems (ISDS) have demonstrated the capability to be an effective method of treatment for domestic wastewater. They also are advantageous from a water resources standpoint because there is little water leaving the local hydrologic system. However, if unfavorable settings exist, ISDS can have a detrimental effect on local water-quality. This presentation will focus on assessing the potential impacts of a large housing development to area water quality. The residential development plans to utilize ISDS to accommodate all domestic wastewater generated within the development. The area of interest is located just west of Brighton, Colorado, on the northwestern margin of the Denver Basin. Efforts of this research will focus on impacts of ISDS to local groundwater and surface water systems. The Arapahoe Aquifer, which exists at relatively shallow depths in the area of proposed development, is suspected to be vulnerable to contamination from ISDS. Additionally, the local water quality of the Arapahoe Aquifer was not well known at the start of the study. As a result, nitrate was selected as a fo-cus water quality parameter because it is easily produced through nitrification of septic tank effluent and because of the previous agricultural practices that could be another potential source of nitrate. Several different predictive tools were used to attempt to predict the potential impacts of ISDS to water quality in the Arapahoe Aquifer. The objectives of these tools were to 1) assess the vulnerability of the Arapahoe Aquifer to ni-trate contamination, 2) predict the nitrate load to the aquifer, and 3) determine the sensitivity of different parameter inputs and the overall prediction uncertainty. These predictive tools began with very simple mass-loading calcula-tions and progressed to more complex, vadose-zone numerical contaminant transport modeling.

California Integrated Service Delivery Evaluation Report. Phase I

Science.gov (United States)

Moore, Richard W.; Rossy, Gerard; Roberts, William; Chapman, Kenneth; Sanchez, Urte; Hanley, Chris

2010-01-01

This study is a formative evaluation of the OneStop Career Center Integrated Service Delivery (ISD) Model within the California Workforce System. The study was sponsored by the California Workforce Investment Board. The study completed four in-depth case studies of California OneStops to describe how they implemented the ISD model which brings…

The Net Enabled Waste Management Database in the context of an indicator of sustainable development for radioactive waste management

International Nuclear Information System (INIS)

Csullog, G.W.; Selling, H.; Holmes, R.; Benitez, J.C.

2002-01-01

The IAEA was selected by the UN to be the lead agency for the development and implementation of indicators of sustainable development for radioactive waste management (ISD-RW). Starting in late 1999, the UN initiated a program to consolidate a large number of indicators into a smaller set and advised the IAEA that a single ISD-RW was needed. In September 2001, a single indicator was developed by the IAEA and subsequently revised in February 2002. In parallel with its work on the ISD-RW, the IAEA developed and implemented the Net Enabled Waste Management Database (NEWMDB). The NEWMDB is an international database to collect, compile and disseminate information about nationally-based radioactive waste management programmes and waste inventories. The first data collection cycle with the NEWMDB (July 2001 to March 2002) demonstrated that much of the information needed to calculate the ISD-RW could be collected by the IAEA for its international database. However, the first data collection cycle indicated that capacity building, in the area of identifying waste classification schemes used in countries, is required. (author)

General Systems Theory and Instructional Design.

Science.gov (United States)

Salisbury, David F.

The use of general systems theory in the field of instructional systems design (ISD) is explored in this paper. Drawing on work by Young, the writings of 12 representative ISD writers and researchers were surveyed to determine the use of 60 general systems theory concepts by the individual authors. The average number of concepts used by these…

A direct methodology to establish design requirements for human–system interface (HSI) of automatic systems in nuclear power plants

International Nuclear Information System (INIS)

Anuar, Nuraslinda; Kim, Jonghyun

2014-01-01

Highlights: • A systematic method to identify the design requirements for human–system interface is proposed. • Eight combinations of control agents in each control stage (levels of automation) are defined. • The use of Itemized Sequence Diagram (ISD) is discussed for task allocation to control agents. • The design requirements of human–system interface are established based on the produced ISD. - Abstract: This paper suggests a systematic approach to establish design requirements for the human–system interface (HSI) between operators and automatic systems. The role of automation in the control of a nuclear power plant (NPP) operation is to support the human operator and act as an efficient team player to help reduce the human operator’s workload. Some of the problems related to the interaction between the human operator and automation are out-of-the-loop performance, mode errors, role change to supervisory role and final authority issues. Therefore, the design of HSI is critical to avoiding breakdowns in communication between the human operator and the system. In this paper, the design requirements for human–system interface of automatic systems are constructed with the help of a tool called Itemized Sequence Diagram (ISD). Eight levels of automation (LOA) are initially defined in the function allocation and an ISD is drawn for each of the LOA for task allocation. The ISD is a modified version of sequence diagram, which is widely used in systems engineering as well as software engineering. The ISD elements of arrows, messages, actors and alternative boxes collectively show the interactions between the control agents, which are decomposed into four different roles: information acquiring, plant diagnosing, response selecting and response implementing. Eleven design requirements to optimize the human–automation interaction are suggested by using this method. The design requirements produced from the identified interaction points in the ISD are

Dilated intercellular space diameter as marker of reflux-related mucosal injury in children with chronic cough and gastro-oesophageal reflux disease.

Science.gov (United States)

Borrelli, O; Mancini, V; Thapar, N; Ribolsi, M; Emerenziani, S; de'Angelis, G; Bizzarri, B; Lindley, K J; Cicala, M

2014-04-01

The diagnostic corroboration of the relationship between gastro-oesophageal reflux disease (GERD) and chronic cough remains challenging. To compare oesophageal mucosal intercellular space diameter (ISD) in children with GERD, children with gastro-oesophageal reflux (GER)-related cough (GrC) and a control group, and to explore the relationship between baseline impedance levels and dilated ISD in children with GER-related cough. Forty children with GERD, 15 children with GrC and 12 controls prospectively underwent oesophagogastroduodenoscopy (EGD) with oesophageal biopsies taken 2-3 cm above squamocolumnar junction. ISD were quantified using transmission electron microscopy. Impedance-pH monitoring with evaluation of baseline impedance in the most distal impedance channel was performed in both patient groups. A significant difference in mean ISD values was found between GrC patients (0.9 ± 0.2 μm) and controls (0.5 ± 0.2 μm, P reflux parameter. Finally, there was no correlation between ISD and distal baseline impedance values (r:-0.35; NS). In children with reflux-related cough, dilated intercellular space diameter appears to be an objective and useful marker of oesophageal mucosal injury regardless of acid exposure, and its evaluation should be considered for those patients where the diagnosis is uncertain. In children with reflux-related cough, baseline impedance levels have no role in identifying reflux-induced oesophageal mucosal ultrastructural changes. © 2014 John Wiley & Sons Ltd.

Considerations in the modern management of stress urinary incontinence resulting from intrinsic sphincter deficiency.

Science.gov (United States)

Hillary, Christopher James; Osman, Nadir; Chapple, Christopher

2015-09-01

Intrinsic sphincter deficiency (ISD) is a common cause of stress urinary incontinence and is associated with more severe symptoms, often being associated with failed previous surgery. Due to the impaired sphincteric function, alternative surgical approaches are often required. The purpose of this review is to appraise the contemporary literature on the diagnosis and management of ISD. A PubMed search was performed to identify articles published between 1990 and 2014 using the following terms: ISD, stress urinary incontinence and type III stress urinary incontinence. Publications were screened for relevance, and full manuscripts were retrieved. Most studies base the diagnosis of ISD upon urodynamic appearances using recognized criteria (Valsalva leak point pressure <60 cm H2O or a maximum urethral closure pressure <20 cm H2O) in addition to clinical features. A range of non-surgical and surgical treatment options are available for the patient. Pubovaginal slings are more effective than retropubic colposuspensions with outcomes comparable to those reported with midurethral slings. The artificial urinary sphincter provides long-term cure rates; however, it is associated with specific morbidity including device erosion, mechanical failure and revision. The benefits of bulking agents, however, are not sustained beyond 1 year. There are few randomized controlled trials that compare accepted treatments specifically for patients with ISD. The lack of standardization in the definition and diagnostic criteria used limits inter-study comparisons. An assessment of urethral pressure profile when combined with the clinical features may help predict outcomes of surgical intervention.

我國智慧財產訴訟中專利權無效抗辯趨勢報導 The Defense of Patent Invalidity in the Intellectual Property Litigation Special Report

Directory of Open Access Journals (Sweden)

陳群顯 Chun-Hsien Chen

2007-06-01

Full Text Available 我國智慧財產民事訴訟中，以往囿於「公、私法訴訟二元制」之體系設計，被告即便認為原告所主張之智慧財產權有無效的理由，亦僅能循行政救濟的途徑主張，並無法直接於民事訴訟中直接提起智慧財產權無效抗辯，造成民事訴訟程序之延滯等不便。我國預計於2007 年間設立智慧財產法院，而該法院之設立對於我國智慧財產案件之爭訟將產生巨大而直接之影響，而攸關該法院成敗之主要關鍵⎯⎯「智慧財產法院組織法」及「智慧財產案件審理法」等二法案，業已送立法院進行審查。其中「智慧財產案件審理法」已 於2007 年1 月9 日經立法院三讀通過，「智慧財產法院組織法」亦已於2007 年3 月5 日經立法院三讀通過。「智慧財產案件審理法」中一項劃時代的變革，即是在第16 條第1 項規定：「當事人主張或抗辯智慧財產權有應撤銷、廢止之原因者，法院應就其主張或抗辯有無理由自為判斷」，易言之，該法條規定將直接改變目前我國「公、私法訴訟二元制」的現狀，對於專利訴訟當事人間自產生重大之影響，然依據該法案之規定，是否確能達到立法者之目的？以及是否需要有其他配套制度？本文將介紹我國智慧財產訴訟中 專利權無效抗辯相關制度沿革，並嘗試提供分析意見，同時就目前各國相關專利訴訟制度之設計，提供分析及建議。 In the past, the defendant of intellectual property (IP litigation cannot raise the defense of patent invalidity in the civil litigation. The defendant can only file an invalidity action against the IP at issue. Such judicial system design delays the proceeding of the civil litigation of the IP infringement. The IP Court is proposed to be established in 2007. The establishment of the IP Court will change the current court proceeding of the intellectual

The State Secrets Privilege and Other Limits on Litigation Involving Classified Information

Science.gov (United States)

2009-05-28

Privilege And Separation Of Powers , 75 FORDHAM L. REV. 1931, 1935 (Mar. 2007). 2 Editorial, Securing Lawsuits, WASH. POST, May 11, 2009, at A16...the Supreme Court invalidated a legislative enactment that required federal courts to reopen final decisions as a violation of the separation of powers principle...95 It might be argued that the retroactivity provision in H.R. 984 also reopens final judgments in violation of the separation of powers principle

Analysis of lawsuit cases in the Department of Surgery in Korea

Science.gov (United States)

Jung, Ji Yun; Kim, So Yoon; Kim, Dong Gyu; Kim, Choong Bai; Chi, Kyong-Choun; Kang, Won Kyung

2018-01-01

Purpose The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion. Results An average of 3.2 years was spent from the date of the incident occurring to the end of the litigation procedures. The average amount awarded in judgments for damages was 59,708,983 ± 67,307,264 (range, 1,700,000–365,201,482) Korean won. Cases were found involving the following opinion of the court: violation of duty of care (49 cases), violation of informed consent (7 cases), violation of duty of care and informed consent (5 cases), and settlement, reconciliation, and others (32 cases). By analyzing defendants' negligence in court opinions, diagnosis (30.8%) was the most common, followed by post-operation management (27.7%). Conclusion Physicians have to conduct treatment and surgery based on exact diagnosis and be careful to observe patients' conditions and symptoms after surgery. It is essential to identify the current status and characteristics of medical litigation for reducing further litigation and improving patient safety. In order to create a safe medical environment, national efforts should be made not only by individuals but also at the national level. PMID:29520344

Litigation, Mass Media, and the Campaign to Criminalize the Firearms Industry

Directory of Open Access Journals (Sweden)

William T. Haltom

2014-10-01

Full Text Available This article extends the co-authors’ researches on mass media coverage of crusades against manufacturers and marketers of tobacco products in the United States to media coverage of similar crusades against manufacturers and marketers of firearms in the United States. The major contention of the article is that firearms-reformers have used civil suits and allied publicity outside courts to depict firearms producers and retailers as criminals. A major tactic that has unified reformers’ efforts inside and outside courts is deployment of crimtorts, civil litigation for torts that includes elements of criminal prosecution. Crimtorts and publicity through entertainment media enabled opponents of firearms companies to lose case after case yet to damage the reputations or brands of firearms makers and marketers. The firearms interests fended off crusaders in civil action after civil action yet became portrayed as outright criminals owing mostly to crimtorts. Este artículo amplia las investigaciones de los autores sobre la cobertura mediática de las cruzadas contra productores y vendedores de tabaco en los Estados Unidos hacia la cobertura mediática de cruzadas similares contra productores y vendedores de armas de fuego en Estados Unidos. El argumento principal del artículo sostiene que los que buscan la reforma de la legislación sobre armas de fuego han utilizado las demandas civiles y la publicidad externa a los tribunales para representar a los productores y vendedores de armas de fuego como criminales. Una táctica principal que ha unido los esfuerzos de los reformistas dentro y fuera de los tribunales es el uso de crimtorts, juicios civiles para acciones por responsabilidad civil extracontractual que incluyen elementos de procesos criminales. A pesar de perder caso tras caso, los crimtorts y la publicidad en los medios de entretenimiento permitió a los oponentes a las compañías armamentísticas perjudicar la reputación o las marcas de

Influence of secondary structure on in-source decay of protein in matrix-assisted laser desorption/ionization mass spectrometry.

Science.gov (United States)

Takayama, Mitsuo; Osaka, Issey; Sakakura, Motoshi

2012-01-01

The susceptibility of the N-Cα bond of the peptide backbone to specific cleavage by in-source decay (ISD) in matrix-assisted laser desorption/ionization mass spectrometry (MALDI MS) was studied from the standpoint of the secondary structure of three proteins. A naphthalene derivative, 5-amino-1-naphtol (5,1-ANL), was used as the matrix. The resulting c'-ions, which originate from the cleavage at N-Cα bonds in flexible secondary structures such as turn and bend, and are free from intra-molecular hydrogen-bonded α-helix structure, gave relatively intense peaks. Furthermore, ISD spectra of the proteins showed that the N-Cα bonds of specific amino acid residues, namely Gly-Xxx, Xxx-Asp, and Xxx-Asn, were more susceptible to MALDI-ISD than other amino acid residues. This is in agreement with the observation that Gly, Asp and Asn residues usually located in turns, rather than α-helix. The results obtained indicate that protein molecules embedded into the matrix crystal in the MALDI experiments maintain their secondary structures as determined by X-ray crystallography, and that MALDI-ISD has the capability for providing information concerning the secondary structure of protein.

Effect of gap detection threshold on consistency of speech in children with speech sound disorder.

Science.gov (United States)

Sayyahi, Fateme; Soleymani, Zahra; Akbari, Mohammad; Bijankhan, Mahmood; Dolatshahi, Behrooz

2017-02-01

The present study examined the relationship between gap detection threshold and speech error consistency in children with speech sound disorder. The participants were children five to six years of age who were categorized into three groups of typical speech, consistent speech disorder (CSD) and inconsistent speech disorder (ISD).The phonetic gap detection threshold test was used for this study, which is a valid test comprised six syllables with inter-stimulus intervals between 20-300ms. The participants were asked to listen to the recorded stimuli three times and indicate whether they heard one or two sounds. There was no significant difference between the typical and CSD groups (p=0.55), but there were significant differences in performance between the ISD and CSD groups and the ISD and typical groups (p=0.00). The ISD group discriminated between speech sounds at a higher threshold. Children with inconsistent speech errors could not distinguish speech sounds during time-limited phonetic discrimination. It is suggested that inconsistency in speech is a representation of inconsistency in auditory perception, which causes by high gap detection threshold. Copyright © 2016 Elsevier Ltd. All rights reserved.

Book review: Inside the Equal Access to Justice Act: Environmental litigation and the crippling battle over America's lands, endangered species, and critical habitats

Science.gov (United States)

Organ, John F.

2016-01-01

Inside the Equal Access to Justice Act is authored by Lowell E. Baier, an attorney, political scientist, and historian whose conservation portfolio includes the J. N. “Ding” Darling Conservation Award from the National Wildlife Federation (2016), Citizen Conservationist Award from the Association of Fish and Wildlife Agencies (2013), Conservationist of the Year Award from Outdoor Life magazine (2010), and Conservationist of the Year Award from the National Fish and Wildlife Foundation (2008). In the book, Baier stresses the need to reform the Equal Access to Justice Act (EAJA) because of unintended provisions that incentivize and reward environmental litigants for filing suit against federal regulatory and land management agencies, consequentially hindering pro-active, cooperative, conservation efforts. The book is the culmination of several years of legal research, case history analyses, and personal interviews with several key individuals from congress, conservation management agencies, and non-government organizations.

"I Don't Know That I've Ever Felt Like I Got the Full Story": A Qualitative Study of Courtroom Interactions Between Judges and Litigants in Domestic Violence Protective Order Cases.

Science.gov (United States)

Person, Cara J; Moracco, Kathryn E Beth; Agnew-Brune, Christine; Bowling, J Michael

2018-01-01

One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges' decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.

The birth canal: correlation between the pubic arch angle, the interspinous diameter, and the obstetrical conjugate: a computed tomography biometric study in reproductive age women.

Science.gov (United States)

Perlman, Sharon; Raviv-Zilka, Lisa; Levinsky, Denis; Gidron, Ayelet; Achiron, Reuven; Gilboa, Yinon; Kivilevitch, Zvi

2018-04-22

Assessment of pelvic configuration is an important factor in the prediction of a successful vaginal birth. However, manual evaluation of the pelvis is practically a vanishing art, and imaging techniques are not available as a real-time bed-side tool. Unlike the obstetrical conjugate diameter (OC) and inter spinous diameter (ISD), the pubic arch angle (PAA) can be easily measured by transperineal ultrasound. Three-dimensional computed tomography bone reconstructions were used to measure the three main birth canal diameters, evaluate the correlation between them, and establish the normal reference range for the inlet, mid-, and pelvic outlet. Measurements of the PAA, obstetric conjugate (OC), and ISD were performed offline using three-dimensional post processing reconstruction in bone algorithm application of the pelvis on examinations performed for suspected renal colic in nonpregnant reproductive age woman. The mean of two measurements was used for statistical analysis which included reproducibility of measurements, regression curve estimation between PAA, OC, and ISD, and calculation of the respective reference range centiles for each PAA degree. Two hundred ninety-eight women comprised the study group. The mean ± SD of the PAA, ISD, and OC were 104.9° (±7.4), 103.8 mm (±7.3), and 129.9 mm (±8.3), respectively. The intra- and interobserver agreement defined by the intraclass correlation coefficient (ICC) was excellent for all parameters (range 0.905-0.993). A significant positive correlation was found between PAA and ISD and between PAA and OCD (Pearson's correlation = 0.373 (p correlation between the three pelvic landmarks with greatest impact on the prediction of a successful vaginal delivery: the PAA which is easily measured sonographically and the ISD and OC which are not measurable by ultrasound. This correlation may serve as a basis for future studies to assess its utility and prognostic value for a safe vaginal delivery.

The role of tobacco advertising and promotion: themes employed in litigation by tobacco industry witnesses.

Science.gov (United States)

Goldberg, Marvin E; Davis, Ronald M; O'Keefe, Anne Marie

2006-12-01

To identify key themes related to tobacco advertising and promotion in testimony provided by tobacco industry-affiliated witnesses in tobacco litigation, and to present countervailing evidence and arguments. Themes in industry testimony were identified by review of transcripts of testimony in the Tobacco Deposition and Trial Testimony Archive (http://tobaccodocuments.org/datta) from a sample of defence witnesses, including three academic expert witnesses, six senior executives of tobacco companies, and one industry advertising consultant. Counterarguments to the themes embodied in defence testimony were based on information from peer-reviewed literature, advertising trade publications, government reports, tobacco industry documents, and testimony provided by expert witnesses testifying for plaintiffs. Five major themes employed by defence witnesses were identified: (1) tobacco advertising has a relatively weak "share of voice" in the marketing environment and is a weak force in affecting smoking behaviour; (2) tobacco advertising and promotion do not create new smokers, expand markets, or increase total tobacco consumption; (3) the tobacco industry does not target, study, or track youth smoking; (4) tobacco advertising and promotion do not cause smoking initiation by youth; and (5) tobacco companies and the industry adhere closely to relevant laws, regulations, and industry voluntary codes. Substantial evidence exists in rebuttal to these arguments. Tobacco industry-affiliated witnesses have marshalled many arguments to deny the adverse effects of tobacco marketing activities and to portray tobacco companies as responsible corporate citizens. Effective rebuttals to these arguments exist, and plaintiffs' attorneys have, with varying degrees of success, presented them to judges and juries.

SAVANNAH RIVER SITE R REACTOR DISASSEMBLY BASIN IN SITU DECOMMISSIONING

Energy Technology Data Exchange (ETDEWEB)

Langton, C.; Blankenship, J.; Griffin, W.; Serrato, M.

2009-12-03

The US DOE concept for facility in-situ decommissioning (ISD) is to physically stabilize and isolate in tact, structurally sound facilities that are no longer needed for their original purpose of, i.e., generating (reactor facilities), processing(isotope separation facilities) or storing radioactive materials. The 105-R Disassembly Basin is the first SRS reactor facility to undergo the in-situ decommissioning (ISD) process. This ISD process complies with the105-R Disassembly Basin project strategy as outlined in the Engineering Evaluation/Cost Analysis for the Grouting of the R-Reactor Disassembly Basin at the Savannah River Site and includes: (1) Managing residual water by solidification in-place or evaporation at another facility; (2) Filling the below grade portion of the basin with cementitious materials to physically stabilize the basin and prevent collapse of the final cap - Sludge and debris in the bottom few feet of the basin will be encapsulated between the basin floor and overlying fill material to isolate if from the environment; (3) Demolishing the above grade portion of the structure and relocating the resulting debris to another location or disposing of the debris in-place; and (4) Capping the basin area with a concrete slab which is part of an engineered cap to prevent inadvertent intrusion. The estimated total grout volume to fill the 105-R Reactor Disassembly Basin is 24,424 cubic meters or 31,945 cubic yards. Portland cement-based structural fill materials were design and tested for the reactor ISD project and a placement strategy for stabilizing the basin was developed. Based on structural engineering analyses and work flow considerations, the recommended maximum lift height is 5 feet with 24 hours between lifts. Pertinent data and information related to the SRS 105-R-Reactor Disassembly Basin in-situ decommissioning include: regulatory documentation, residual water management, area preparation activities, technology needs, fill material designs

SAVANNAH RIVER SITE R-REACTOR DISASSEMBLY BASIN IN-SITU DECOMMISSIONING -10499

Energy Technology Data Exchange (ETDEWEB)

Langton, C.; Serrato, M.; Blankenship, J.; Griffin, W.

2010-01-04

The US DOE concept for facility in-situ decommissioning (ISD) is to physically stabilize and isolate intact, structurally sound facilities that are no longer needed for their original purpose, i.e., generating (reactor facilities), processing(isotope separation facilities) or storing radioactive materials. The 105-R Disassembly Basin is the first SRS reactor facility to undergo the in-situ decommissioning (ISD) process. This ISD process complies with the 105-R Disassembly Basin project strategy as outlined in the Engineering Evaluation/Cost Analysis for the Grouting of the R-Reactor Disassembly Basin at the Savannah River Site and includes: (1) Managing residual water by solidification in-place or evaporation at another facility; (2) Filling the below grade portion of the basin with cementitious materials to physically stabilize the basin and prevent collapse of the final cap - Sludge and debris in the bottom few feet of the basin will be encapsulated between the basin floor and overlying fill material to isolate it from the environment; (3) Demolishing the above grade portion of the structure and relocating the resulting debris to another location or disposing of the debris in-place; and (4) Capping the basin area with a concrete slab which is part of an engineered cap to prevent inadvertent intrusion. The estimated total grout volume to fill the 105-R Reactor Disassembly Basin is 24,384 cubic meters or 31,894 cubic yards. Portland cement-based structural fill materials were designed and tested for the reactor ISD project, and a placement strategy for stabilizing the basin was developed. Based on structural engineering analyses and material flow considerations, maximum lift heights and differential height requirements were determined. Pertinent data and information related to the SRS 105-R Reactor Disassembly Basin in-situ decommissioning include: regulatory documentation, residual water management, area preparation activities, technology needs, fill material

Medical Malpractice Litigation Following Arthroscopic Surgery.

Science.gov (United States)

Shah, Kalpit N; Eltorai, Adam E M; Perera, Sudheesha; Durand, Wesley M; Shantharam, Govind; Owens, Brett D; Daniels, Alan H

2018-04-10

Our study aims to analyze a variety of factors involving malpractice lawsuits following arthroscopy, focusing on reasons for lawsuit and establishing predictors for the outcome of the lawsuit. Two legal databases, VerdictSearch and Westlaw, were queried for arthroscopic cases in adult patients. For all included cases, clinical and demographic data were recorded. The effects of plaintiff demographics, joint involved, lawsuit allegation, case ruling, and size of indemnity payments were assessed. Of the 240 included cases, 62 (26%) resulted in plaintiff verdict, 160 (67%) resulted in defense verdict, and 18 (8%) were settled without trial. Plaintiff demographics (age and sex) had no effect on the case ruling. There was no statistical difference between indemnity awards for plaintiff verdicts ($1,013,494) and settled cases ($848,331; P = .13). Patient death was noted in 20 cases (8.3%); a significantly higher proportion of these cases were settled versus went to trial (P = .0022), including 19 patients (95%) who had knee arthroscopy and 16 deaths (80%) resulting from a pulmonary embolus. Plaintiff verdict or settlement were seen significantly more frequently for vascular complications and wrong-sided surgery. Alternatively, defense verdicts followed lawsuits alleging surgeon technical error. Wrong-sided surgery, retained instruments, deep venous thrombosis, and postoperative infections were seen at a significantly higher proportion after knee arthroscopy than after arthroscopy of other joints. Similarly, neurological injury was significantly associated with elbow and hip arthroscopy, while allegations of technical error by the surgeon and block-related complications were associated with shoulder arthroscopy. Plaintiff verdict or settlement were seen for vascular complications and wrong-sided surgery, while defense verdicts followed lawsuits alleging surgeon technical error and block-related complications. We also identified types of allegations that were associated

45 CFR 1612.5 - Permissible activities using any funds.

Science.gov (United States)

2010-10-01

... involving that client's legal rights or responsibilities, including pre-litigation negotiation and..., practices, or policies; (3) Informing clients, other recipients, or attorneys representing eligible clients..., rules of professional responsibility and disciplinary rules. ...

17 CFR 249.104 - Form 4, statement of changes in beneficial ownership of securities.

Science.gov (United States)

2010-04-01

... can use the information in investigations or litigation involving the federal securities laws or other... citations affecting Form 4, see the List of CFR Sections Affected, which appears in the Finding Aids section...

Litigations and the Obstetrician in Clinical Practice

African Journals Online (AJOL)

2016 Annals of Medical and Health Sciences Research | Published by Wolters Kluwer - Medknow. Address for ... Review involves a literature search on the internet in relevant journals, textbooks, and .... 1; sub-section 2 (c) of the Medical and Dental Practitioners ..... Council for International Organizations of Medical.

17 CFR 249.103 - Form 3, initial statement of beneficial ownership of securities.

Science.gov (United States)

2010-04-01

... information in investigations or litigation involving the federal securities laws or other civil, criminal, or... affecting Form 3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the...

17 CFR 249.105 - Form 5, annual statement of beneficial ownership of securities.

Science.gov (United States)

2010-04-01

... information in investigations or litigation involving the federal securities laws or other civil, criminal, or... affecting Form 5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the...

Veterinary Forensic Toxicology.

Science.gov (United States)

Gwaltney-Brant, S M

2016-09-01

Veterinary pathologists working in diagnostic laboratories are sometimes presented with cases involving animal poisonings that become the object of criminal or civil litigation. Forensic veterinary toxicology cases can include cases involving animal cruelty (malicious poisoning), regulatory issues (eg, contamination of the food supply), insurance litigation, or poisoning of wildlife. An understanding of the appropriate approach to these types of cases, including proper sample collection, handling, and transport, is essential so that chain of custody rules are followed and proper samples are obtained for toxicological analysis. Consultation with veterinary toxicologists at the diagnostic laboratory that will be processing the samples before, during, and after the forensic necropsy can help to ensure that the analytical tests performed are appropriate for the circumstances and findings surrounding the individual case. © The Author(s) 2016.

Prediction of posterior ligamentous complex injury in thoracolumbar fractures using non-MRI imaging techniques.

Science.gov (United States)

Rajasekaran, Shanmuganathan; Maheswaran, Anupama; Aiyer, Siddharth N; Kanna, Rishi; Dumpa, Srikanth Reddy; Shetty, Ajoy Prasad

2016-06-01

We aimed to formulate a radiological index based on plain radiographs and computer tomography (CT) to reliably detect posterior ligamentous complex (PLC) injury without need for MRI. Sixty out of 148 consecutive thoracolumbar fractures with doubtful PLC were assessed with MRI, CT and radiographs. PLC injury was assessed with the following radiological parameters: superior-inferior end plate angle (SIEA), vertebral body height (BH), local kyphosis (LK), inter-spinous distance (ISD) and inter-pedicular distance (IPD) and correlated with MRI findings of PLC injury. Statistical analysis was performed to identify the predictive values for the parameters to identify PLC damage. MRI identified PLC injury in 25/60 cases. The ISD and LK were found to be significant predictors of PLC injury. On radiographs the mean LK with PLC damage was 25.86° compared to 21.02° with an intact PLC (p = 0.006). The ISD difference was 6.70 mm in cases with PLC damage compared to 2.86 mm with an intact PLC (p = 0.011). In CT images, the mean LK with PLC damage was 22.96° compared to 18.44° with an intact PLC ( p = 0.019). The ISD difference was 3.10 mm with PLC damage compared to 1.62 mm without PLC damage (p = 0.005). On plain radiographs the presence of LK greater than 20 °(CI 64-95) and ISD difference greater than 2 mm (CI 70-97) can predict PLC injury. These guidelines may be utilised in the emergency room especially when the associated cost, availability and time delay in performing MRI are a concern.

A Pilot Randomized Controlled Trial of Novel Dressing and Securement Techniques in 101 Pediatric Patients.

Science.gov (United States)

Kleidon, Tricia M; Ullman, Amanda J; Gibson, Victoria; Chaseling, Brett; Schoutrop, Jason; Mihala, Gabor; Rickard, Claire M

2017-11-01

To evaluate feasibility of an efficacy trial comparing peripherally inserted central catheter (PICC) dressing and securement techniques to prevent complications and failure. This pilot, 3-armed, randomized controlled trial was undertaken at Royal Children's Hospital and Lady Cilento Children's Hospital, Brisbane, Australia, between April 2014 and September 2015. Pediatric participants (N = 101; age range, 0-18 y) were assigned to standard care (bordered polyurethane [BPU] dressing, sutureless securement device), tissue adhesive (TA) (plus BPU dressing), or integrated securement dressings (ISDs). Average PICC dwell time was 8.1 days (range, 0.2-27.7 d). Primary outcome was trial feasibility including PICC failure. Secondary outcomes were PICC complications, dressing performance, and parent and staff satisfaction. Protocol feasibility was established. PICC failure was 6% (2/32) with standard care, 6% (2/31) with ISD, and 3% (1/32) with TA. PICC complications were 16% across all groups. TA provided immediate postoperative hemostasis, prolonging the first dressing change until 5.5 days compared with 3.5 days and 2.5 days with standard care and ISD respectively. Bleeding was the most common reason for first dressing change: standard care (n = 18; 75%), ISD (n = 11; 69%), TA (n = 4; 27%). Parental satisfaction (median 9.7/10; P = .006) and staff feedback (9.2/10; P = .002) were most positive for ISD. This research suggests safety and acceptability of different securement dressings compared with standard care; securement dressings may also reduce dressing changes after insertion. Further research is required to confirm clinically cost-effective methods to prevent PICC failure. Copyright © 2017 SIR. Published by Elsevier Inc. All rights reserved.

An Approach to Establish Design Requirements for Human-System Interface (HSI) of Automatic Systems in Nuclear Power Plants

Energy Technology Data Exchange (ETDEWEB)

Nuraslinda, Anuar; Kim, Jonghyun [KEPCO International Nuclear Graduate School, Ulsan (Korea, Republic of)

2013-05-15

This paper aims to demonstrate an approach to establish the design requirements for automatic systems in nuclear power plant (NPP) by using a powerful tool called Itemized Sequence Diagram (ISD). The process starts with function allocation by defining a set of levels of automation (LOAs). Then, task allocation is done using the ISD and finally the design requirements are established by examining the interaction points between human operator and automation, which are all located on the interface as modeled in the ISD. The strengths of this approach are discussed and a suggestion to integrate with that of the methodology employed to produce the existing guidelines or guidance is included in this paper. Some issues of automation have been addressed earlier in this paper and 12 design requirements that address human-system interaction were suggested by using the ISD as a tool to identify the interaction points between human operator and automation. The integration of the proposed approach in this paper with that of existing guidance could result in the new issue identification that would call for the establishment of new guidance. For example, Requirement 11 states that the HSI should provide the means for take-over from automatic to manual control was not mentioned in the existing guidance.

Litigation to execution in legal labour relationships. Study case

Directory of Open Access Journals (Sweden)

Dragos Lucian Radulescu

2016-06-01

Full Text Available Enforced execution is the legal way by which the Creditor under an enforceable order protects his rights by resorting to coercive force of the state. When the Debtor does not comply voluntarily, the Creditor may appeal to the Bailiff to commence the enforced execution in all manner prescribed by law. Of course, the start of compulsory execution is limited by the conditions of admissibility imperatively specified in the law, principally the condition to exist an enforceable order owned by the Creditor. Regarding the order to be enforced, it can be represented either by an enforceable or final judgement, with provisional enforcement or any other document that can be enforced. Procedurally, the provisions of Art.712 of the Civil Procedure Code allow the introduction by a Creditor who has a litigation to execution against the execution itself, against the Closures issued by the Bailiff, and against any other act of enforcement. Jurisdiction of the Court in this matter will be of the Executor Court or the Court in whose district the Debtor is situated, on the date of the appeal. The appeal of the Debtor questions the Parties not only over the acts of execution because the appeal is also allowed over the explanations relative to the meaning, scope or application of the enforceable order, but in the conditions limited by the legal nature of this order. Thus, according to the law when enforceable order is not issued by a Court or Arbitration may be invoked before an Executor Court including reasons of fact or law which could not be discussed during an earlier trial, in the first instance or in an appeal. Basically, if enforced execution is under an enforceable order that is not from a Court, these reasons can be invoked when there is no other processual mean for its abolition. There also can be submitted a complaint against the Closure by which was upheld the appeal for an enforced execution, and the act of execution concerning the division of the

ISD Designed Medical Specialist Training.

Science.gov (United States)

Rock, Samuel K., Jr.; Chagalis, George P.

The Basic Medical Specialist course has one of the largest enrollments of the U.S. Army's Academy of Health Sciences; 11,000 soldiers were trained in this course in 1977 and 1978. Training encompasses both emergency first aid (for field medics) and basic nursing skills. A task force working to improve Army training developed this course, in…

Toward a Theory of Information System Development Success: Perceptions of Software Development Team Members

OpenAIRE

Zelazny, Lucian M.

2011-01-01

This dissertation increases our understanding of information system project success by investigating how software development team members define the success of an information system development effort. The theoretical model of ISD success is developed and tested. ISD success is measured through the eyes of the software development team membersâ since they are the most influential stakeholders during the development of the system. This dissertation was conducted in two phases: 1) theo...

IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

Directory of Open Access Journals (Sweden)

Edy Lisdiyono

2017-01-01

Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

A Corporate Veto on Health Policy? Global Constitutionalism and Investor-State Dispute Settlement.

Science.gov (United States)

Hawkins, Benjamin; Holden, Chris

2016-10-01

The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global "spaghetti bowl" of IIAs creates opportunities for corporations to venue shop; that is, to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues. Copyright © 2016 by Duke University Press.

Surgical malpractice in California: res judicata.

Science.gov (United States)

Barthel, Erik R; Stabile, Bruce E; Plurad, David; Kim, Dennis; Neville, Angela; Bricker, Scott; Putnam, Brant; Bongard, Fred

2014-10-01

Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by either defense's or plaintiff's counsel at the conclusion of the litigation. Data reviewed included alleged damages incurred by the plaintiff; plaintiff's pretrial settlement demand, plaintiff or defense verdict, use of alternate means of resolution such as arbitration or mediation, and total monetary award to the plaintiff. A total of 69 cases were reported over a 20-month period: 32 (46%) were plaintiffs' verdicts, whereas 37 (54%) were in favor of the surgeon. Only 10 (31%) of the plaintiff verdicts were by jury trial, whereas the rest were settled by pretrial agreement, mediation, or arbitration. Of cases settled by alternate dispute resolution, the median settlement was $820,000 (n = 22) compared with a median jury trial award of $300,000 (n = 10).

It Takes a Village-Taming High Conflict With the "2 PC Model".

Science.gov (United States)

Behrman, Lauren

2016-05-01

Prolonged litigation frequently leaves once-married and functional parents unable to communicate effectively and coparent with each other. The damage can be even more profound for never-married parents without a history of ever functioning as life partners or parenting partners. High-conflict parents often enter into parenting coordination following litigation through stipulation or court order. For some parents, this modality fails to provide enough support and containment of conflict, and postjudgment litigation continues long after the initial divorce. A clinical case study illustrates the use of an experimental, alternative dispute-resolution intervention we call "the 2 Parenting Coordinator (PC) model." The 2 PC model evolved by applying the collaborative divorce 2-coach intervention to parenting coordination for a family in which traditional parenting coordination had twice failed. The case presented involved never-married parents, whose tenuous and mistrustful connection was threatening to contaminate the child's ability to have an emotionally secure relationship with her father. © 2016 Wiley Periodicals, Inc.

Feasibility Study of NMR Based Serum Metabolomic Profiling to Animal Health Monitoring: A Case Study on Iron Storage Disease in Captive Sumatran Rhinoceros (Dicerorhinus sumatrensis).

Science.gov (United States)

Watanabe, Miki; Roth, Terri L; Bauer, Stuart J; Lane, Adam; Romick-Rosendale, Lindsey E

2016-01-01

A variety of wildlife species maintained in captivity are susceptible to iron storage disease (ISD), or hemochromatosis, a disease resulting from the deposition of excess iron into insoluble iron clusters in soft tissue. Sumatran rhinoceros (Dicerorhinus sumatrensis) is one of the rhinoceros species that has evolutionarily adapted to a low-iron diet and is susceptible to iron overload. Hemosiderosis is reported at necropsy in many African black and Sumatran rhinoceroses but only a small number of animals reportedly die from hemochromatosis. The underlying cause and reasons for differences in susceptibility to hemochromatosis within the taxon remains unclear. Although serum ferritin concentrations have been useful in monitoring the progression of ISD in many species, there is some question regarding their value in diagnosing hemochromatosis in the Sumatran rhino. To investigate the metabolic changes during the development of hemochromatosis and possibly increase our understanding of its progression and individual susceptibility differences, the serum metabolome from a Sumatran rhinoceros was investigated by nuclear magnetic resonance (NMR)-based metabolomics. The study involved samples from female rhinoceros at the Cincinnati Zoo (n = 3), including two animals that died from liver failure caused by ISD, and the Sungai Dusun Rhinoceros Conservation Centre in Peninsular Malaysia (n = 4). Principal component analysis was performed to visually and statistically compare the metabolic profiles of the healthy animals. The results indicated that significant differences were present between the animals at the zoo and the animals in the conservation center. A comparison of the 43 serum metabolomes of three zoo rhinoceros showed two distinct groupings, healthy (n = 30) and unhealthy (n = 13). A total of eighteen altered metabolites were identified in healthy versus unhealthy samples. Results strongly suggest that NMR-based metabolomics is a valuable tool for animal health

Feasibility Study of NMR Based Serum Metabolomic Profiling to Animal Health Monitoring: A Case Study on Iron Storage Disease in Captive Sumatran Rhinoceros (Dicerorhinus sumatrensis.

Directory of Open Access Journals (Sweden)

Miki Watanabe

Full Text Available A variety of wildlife species maintained in captivity are susceptible to iron storage disease (ISD, or hemochromatosis, a disease resulting from the deposition of excess iron into insoluble iron clusters in soft tissue. Sumatran rhinoceros (Dicerorhinus sumatrensis is one of the rhinoceros species that has evolutionarily adapted to a low-iron diet and is susceptible to iron overload. Hemosiderosis is reported at necropsy in many African black and Sumatran rhinoceroses but only a small number of animals reportedly die from hemochromatosis. The underlying cause and reasons for differences in susceptibility to hemochromatosis within the taxon remains unclear. Although serum ferritin concentrations have been useful in monitoring the progression of ISD in many species, there is some question regarding their value in diagnosing hemochromatosis in the Sumatran rhino. To investigate the metabolic changes during the development of hemochromatosis and possibly increase our understanding of its progression and individual susceptibility differences, the serum metabolome from a Sumatran rhinoceros was investigated by nuclear magnetic resonance (NMR-based metabolomics. The study involved samples from female rhinoceros at the Cincinnati Zoo (n = 3, including two animals that died from liver failure caused by ISD, and the Sungai Dusun Rhinoceros Conservation Centre in Peninsular Malaysia (n = 4. Principal component analysis was performed to visually and statistically compare the metabolic profiles of the healthy animals. The results indicated that significant differences were present between the animals at the zoo and the animals in the conservation center. A comparison of the 43 serum metabolomes of three zoo rhinoceros showed two distinct groupings, healthy (n = 30 and unhealthy (n = 13. A total of eighteen altered metabolites were identified in healthy versus unhealthy samples. Results strongly suggest that NMR-based metabolomics is a valuable tool for

Building 235-F Goldsim Fate And Transport Model

Energy Technology Data Exchange (ETDEWEB)

Taylor, G. A.; Phifer, M. A.

2012-09-14

Savannah River National Laboratory (SRNL) personnel, at the request of Area Completion Projects (ACP), evaluated In-Situ Disposal (ISD) alternatives that are under consideration for deactivation and decommissioning (D&D) of Building 235-F and the Building 294-2F Sand Filter. SRNL personnel developed and used a GoldSim fate and transport model, which is consistent with Musall 2012, to evaluate relative to groundwater protection, ISD alternatives that involve either source removal and/or the grouting of portions or all of 235-F. This evaluation was conducted through the development and use of a Building 235-F GoldSim fate and transport model. The model simulates contaminant release from four 235-F process areas and the 294-2F Sand Filter. In addition, it simulates the fate and transport through the vadose zone, the Upper Three Runs (UTR) aquifer, and the Upper Three Runs (UTR) creek. The model is designed as a stochastic model, and as such it can provide both deterministic and stochastic (probabilistic) results. The results show that the median radium activity concentrations exceed the 5 ?Ci/L radium MCL at the edge of the building for all ISD alternatives after 10,000 years, except those with a sufficient amount of inventory removed. A very interesting result was that grouting was shown to basically have minimal effect on the radium activity concentration. During the first 1,000 years grouting may have some small positive benefit relative to radium, however after that it may have a slightly deleterious effect. The Pb-210 results, relative to its 0.06 ?Ci/L PRG, are essentially identical to the radium results, but the Pb-210 results exhibit a lesser degree of exceedance. In summary, some level of inventory removal will be required to ensure that groundwater standards are met.

Building 235-F Goldsim Fate And Transport Model

International Nuclear Information System (INIS)

Taylor, G. A.; Phifer, M. A.

2012-01-01

Savannah River National Laboratory (SRNL) personnel, at the request of Area Completion Projects (ACP), evaluated In-Situ Disposal (ISD) alternatives that are under consideration for deactivation and decommissioning (D and D) of Building 235-F and the Building 294-2F Sand Filter. SRNL personnel developed and used a GoldSim fate and transport model, which is consistent with Musall 2012, to evaluate relative to groundwater protection, ISD alternatives that involve either source removal and/or the grouting of portions or all of 235-F. This evaluation was conducted through the development and use of a Building 235-F GoldSim fate and transport model. The model simulates contaminant release from four 235-F process areas and the 294-2F Sand Filter. In addition, it simulates the fate and transport through the vadose zone, the Upper Three Runs (UTR) aquifer, and the Upper Three Runs (UTR) creek. The model is designed as a stochastic model, and as such it can provide both deterministic and stochastic (probabilistic) results. The results show that the median radium activity concentrations exceed the 5 ρCi/L radium MCL at the edge of the building for all ISD alternatives after 10,000 years, except those with a sufficient amount of inventory removed. A very interesting result was that grouting was shown to basically have minimal effect on the radium activity concentration. During the first 1,000 years grouting may have some small positive benefit relative to radium, however after that it may have a slightly deleterious effect. The Pb-210 results, relative to its 0.06 ρCi/L PRG, are essentially identical to the radium results, but the Pb-210 results exhibit a lesser degree of exceedance. In summary, some level of inventory removal will be required to ensure that groundwater standards are met

Experimental investigation of a novel indirect solar dryer implementing PCM as energy storage medium

Energy Technology Data Exchange (ETDEWEB)

Shalaby, S.M., E-mail: saleh_shalaby@yahoo.com; Bek, M. A.

2014-07-01

Highlights: • The performance of a novel indirect solar dryer is investigated experimentally. • PCM, paraffin wax, is used as energy storage medium. • The novel ISD is suitable for drying medical plants. • Ocimum and Thevetia are dried at their prescribed drying temperatures. • The novel design maintains the desired temperature for 7 consecutive h/day. - Abstract: A novel indirect solar dryer (ISD) design using phase change material (PCM) as energy storage medium was experimentally investigated. The system consists of two identical solar air heaters, drying compartment, PCM storage units and a blower. The ISD was tested under no load with and without PCM at a wide range of mass flow rates (0.0664–0.2182 kg/s). It is found that after using the PCM, the temperature of the drying air is higher than ambient temperature by 2.5–7.5 °C after sunset for five hours at least. In addition, the mass flow rates of 0.1204 and 0.0894 kg/s give the peak values of the drying temperature when the ISD is operated with and without PCM, respectively. The novel design successfully maintains the desired temperature for seven consecutive hours every day. This helps reaching the final moisture content of Ocimum Basilicum and Thevetia Neriifolia after 12 and 18 h, respectively.

Quantitative proteomic view on secreted, cell surface-associated, and cytoplasmic proteins of the methicillin-resistant human pathogen Staphylococcus aureus under iron-limited conditions.

Science.gov (United States)

Hempel, Kristina; Herbst, Florian-Alexander; Moche, Martin; Hecker, Michael; Becher, Dörte

2011-04-01

Staphylococcus aureus is capable of colonizing and infecting humans by its arsenal of surface-exposed and secreted proteins. Iron-limited conditions in mammalian body fluids serve as a major environmental signal to bacteria to express virulence determinants. Here we present a comprehensive, gel-free, and GeLC-MS/MS-based quantitative proteome profiling of S. aureus under this infection-relevant situation. (14)N(15)N metabolic labeling and three complementing approaches were combined for relative quantitative analyses of surface-associated proteins. The surface-exposed and secreted proteome profiling approaches comprise trypsin shaving, biotinylation, and precipitation of the supernatant. By analysis of the outer subproteomic and cytoplasmic protein fraction, 1210 proteins could be identified including 221 surface-associated proteins. Thus, access was enabled to 70% of the predicted cell wall-associated proteins, 80% of the predicted sortase substrates, two/thirds of lipoproteins and more than 50% of secreted and cytoplasmic proteins. For iron-deficiency, 158 surface-associated proteins were quantified. Twenty-nine proteins were found in altered amounts showing particularly surface-exposed proteins strongly induced, such as the iron-regulated surface determinant proteins IsdA, IsdB, IsdC and IsdD as well as lipid-anchored iron compound-binding proteins. The work presents a crucial subject for understanding S. aureus pathophysiology by the use of methods that allow quantitative surface proteome profiling.

Radiation injuries/ionizing radiation

International Nuclear Information System (INIS)

Gooden, D.S.

1991-01-01

This book was written to aid trial attorneys involved in radiation litigation. Radiologists and medical physicists will also find it helpful as they prepare for trial, either as a litigant or an expert witness. Two chapters present checklists to guide attorneys for both plaintiffs and defendants. Gooden titles these checklists Elements of Damages and Elements of Proof and leads the reader to conclusions about each of these. One section that will be particularly helpful to attorneys contains sample interrogatories associated with a case of alleged radiation exposure resulting in a late radiation injury. There are interrogatories for the plaintiff to ask the defendant and for the defendant to ask the plaintiff

Medico-legal significance of service difficulties and clinical errors in the management of patients with inflammatory bowel diseases.

Science.gov (United States)

Farrukh, Affifa; Mayberry, John F

2015-03-01

There is a significant growth in medical litigation, and cases involving the care and management of patients with inflammatory bowel disease are becoming common. There is no central register of such cases, and the majority are settled before court proceedings. As a result, there is no specific case law related to such conditions, and secrecy usually surrounds the outcome with "no admission of guilt" by the defendant and a clause about non-disclosure and discussion linked to the financial compensation received by the claimant. This review discusses common areas of potential litigation. © The Author(s) 2014 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

Students and Buses: What You need To Watch Out For.

Science.gov (United States)

Mawdsley, Ralph D.

1996-01-01

Reviews safety considerations, district responsibilities, and court litigation related to pupil transportation. Highlights litigious issues involving selection of bus stops, driver responsibilities when transporting and disembarking students, and school bus safety requirements. School districts lacking medical emergency and disruptive behavior…

Energy cost of seed drying

Directory of Open Access Journals (Sweden)

Weerachet Jittanit

2017-11-01

Full Text Available In this work, the energy costs of drying corn, rice and wheat seeds between 3 drying options were compared. They consisted of 1 two-stage drying by using fluidised bed dryer (FBD in the 1st stage and in-store dryer (ISD in the 2nd stage, 2 single-stage drying by fixed bed dryer (FXD and 3 two-stage drying by using FXD in the 1st  stage and ISD in the 2nd  stage. The drying conditions selected for comparison were proved to be safe for seed viability by the previous studies. The results showed that the drying options 2 and 3 consumed less energy than option 1. However, the benefits from lower energy cost must be weighed against some advantages of using FBD. Furthermore, it appeared that running the burners of FXD and ISD for warming up the ambient air during humid weather condition could shorten drying time significantly with a little higher energy cost.

Requirement Volatility, Standardization and Knowledge Integration in Software Projects: An Empirical Analysis on Outsourced IS Development Projects

Directory of Open Access Journals (Sweden)

Rajesri Govindaraju

2015-08-01

Full Text Available Information systems development (ISD projects are highly complex, with different groups of people having  to collaborate and exchange their knowledge. Considering the intensity of knowledge exchange that takes place in outsourced ISD projects, in this study a conceptual model was developed, aiming to examine the influence of four antecedents, i.e. standardization, requirement volatility, internal integration, and external integration, on two dependent variables, i.e. process performance and product performance. Data  were collected from 46 software companies in four big cities in Indonesia. The collected data were examined to verify the proposed theoretical model using the partial least square structural equation modeling (PLS-SEM technique. The results show that process performance is significantly influenced by internal integration and standardization, while product performance is  significantly influenced by external integration and  requirement volatility. This study contributes  to a better understanding of how knowledge integration can be managed in outsourced ISD projects in view of increasing their success.

32 CFR 516.64 - Comprehensive remedies plan.

Science.gov (United States)

2010-07-01

... AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.64 Comprehensive... investigation involving fraud or corruption that relates to Army procurement activities. When possible, these... participation of the appropriate criminal investigators and other relevant personnel such as the contracting...

Reconciling regulatory space with external accountability through WTO adjudication : trade, environment and development

NARCIS (Netherlands)

Weimer, M.

2017-01-01

This article argues in favour of broadening the trade and environment debate in the World Trade Organization (WTO) to include a developmental perspective. WTO litigation involving environmental regulation touches upon the issue of global justice and the power asymmetries structurally embedded in the

45 CFR 602.42 - Retention and access requirements for records.

Science.gov (United States)

2010-10-01

... FOUNDATION UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL... (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the... to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The...

Managing Sustainable Information Systems Development

DEFF Research Database (Denmark)

Kautz, Karlheinz

2013-01-01

Sustainable information systems development (ISD) in the context of this paper is not about products that support sustainability at large with its environmental, economic and social dimensions and little about the development of sustainable products, which are both without doubt important topics....... This paper is about a prerequisite for such products, namely, a sustainable ISD process, a process which exhibits reasonable and responsible stewardship and utilisation of the existing resources for ISD—people and information in the context of scope, time/schedule, budget/cost, quality and risk....

[Urological diseases most frequently involved in medical professional liability claims].

Science.gov (United States)

Vargas-Blasco, César; Gómez-Durán, Esperanza L; Arimany-Manso, Josep; Pera-Bajo, Francisco

2014-03-01

Clinical safety and medical professional liability are international major concerns, especially in surgical specialties such as urology. This article analyzes the claims filed at the Council of Medical Colleges of Catalonia between 1990 and 2012, exploring urology procedures. The review of the 173 cases identified in the database highlighted the importance of surgical procedures (74%). Higher frequencies related to scrotal-testicular pathology (34%), especially testicular torsion (7.5%) and vasectomy (19.6%), and prostate pathology (26 %), more specifically the surgical treatment of benign prostatic hyperplasia (17.9%). Although urology is not among the specialties with the higher frequency of claims, there are special areas of litigation in which it is advisable to implement improvements in clinical safety. Copyright © 2014 Elsevier España, S.L. All rights reserved.

77 FR 75386 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Fredericksburg 8-Hour...

Science.gov (United States)

2012-12-20

... FR 19885, April 23, 1997), because it is not economically significant. This technical correction action does not involve technical standards; thus the requirements of section 12(d) of the National... drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for...

77 FR 48061 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Regional Haze State...

Science.gov (United States)

2012-08-13

... FR 19885, April 23, 1997), because it is not economically significant. This technical correction action does not involve technical standards; thus the requirements of section 12(d) of the National... drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for...

45 CFR 1183.42 - Retention and access requirements for records.

Science.gov (United States)

2010-10-01

... FOUNDATION ON THE ARTS AND THE HUMANITIES INSTITUTE OF MUSEUM AND LIBRARY SERVICES UNIFORM ADMINISTRATIVE... (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the... to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The...

45 CFR 1174.42 - Retention and access requirements for records.

Science.gov (United States)

2010-10-01

... FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE HUMANITIES UNIFORM ADMINISTRATIVE... (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the... to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The...

45 CFR 1157.42 - Retention and access requirements for records.

Science.gov (United States)

2010-10-01

... FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS UNIFORM ADMINISTRATIVE REQUIREMENTS... (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the... to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The...

Tort Liability of School Districts, Officers, and Employees

Science.gov (United States)

Knowles, Laurence

1972-01-01

Discusses the tactics of tort litigation in the public area, and outlines 1972 State and Federal court cases involving such tort liability issues as (1) governmental immunity, (2) negligence and foreseeability, (3) assumption of risk, (4) contributory negligence, and (5) independent intervening cause. (JF)

Advanced diffusion model in compacted bentonite based on modified Poisson-Boltzmann equations

International Nuclear Information System (INIS)

Yotsuji, K.; Tachi, Y.; Nishimaki, Y.

2012-01-01

Document available in extended abstract form only. Diffusion and sorption of radionuclides in compacted bentonite are the key processes in the safe geological disposal of radioactive waste. JAEA has developed the integrated sorption and diffusion (ISD) model for compacted bentonite by coupling the pore water chemistry, sorption and diffusion processes in consistent way. The diffusion model accounts consistently for cation excess and anion exclusion in narrow pores in compacted bentonite by the electric double layer (EDL) theory. The firstly developed ISD model could predict the diffusivity of the monovalent cation/anion in compacted bentonite as a function of dry density. This ISD model was modified by considering the visco-electric effect, and applied for diffusion data for various radionuclides measured under wide range of conditions (salinity, density, etc.). This modified ISD model can give better quantitative agreement with diffusion data for monovalent cation/anion, however, the model predictions still disagree with experimental data for multivalent cation and complex species. In this study we extract the additional key factors influencing diffusion model in narrow charged pores, and the effects of these factors were investigated to reach a better understanding of diffusion processes in compacted bentonite. We investigated here the dielectric saturation effect and the excluded volume effect into the present ISD model and numerically solved these modified Poisson-Boltzmann equations. In the vicinity of the negatively charged clay surfaces, it is necessary to evaluate concentration distribution of electrolytes considering the dielectric saturation effects. The Poisson-Boltzmann (P-B) equation coupled with the dielectric saturation effects was solved numerically by using Runge-Kutta and Shooting methods. Figure 1(a) shows the concentration distributions of Na + as numerical solutions of the modified and original P-B equations for 0.01 M pore water, 800 kg m -3

A case of autoimmune cholangitis misdiagnosed for cholangiocarcinoma: How to avoid unnecessary surgical intervention?

Directory of Open Access Journals (Sweden)

Ignjatović Igor I.

2015-01-01

Full Text Available Introduction. Autoimmune cholangitis or immunoglobulin G4-associated cholangitis (IAC has been recently regarded as a new clinical and histopathological entity and is a part of a complex autoimmune disorder - IgG4-related systemic disease (ISD. ISD is an autoimmune disease with multi-organic involvement, characterized with IgG4-positive plasmocytic infiltration of various tissues and organs with a consequent sclerosis, which responds well to steroid therapy. Most commonly affected organs are the pancreas (autoimmune pancreatitis, [AIP] and the common bile duct (IAC. IAC and cholangiocarcinoma (CCA share many clinical, laboratory and imaging findings. Case Outline. We present a case of a 60-year-old male with a biliary stricture of a common bile duct, which was clinically considered as a bile duct carcinoma and treated surgically. Definite histopathological findings and immunohistochemistry revealed profound chronic inflammation, showing lymphoplasmacytic IgG-positive infiltration of a resected part of a common bile duct, highly suggestive for the diagnosis of IAC. In addition, postoperative IgG4 serum levels were also increased. Conclusion. It is of primary clinical importance to make a difference between IAC and CCA, in order to avoid unnecessary surgical intervention. Therefore, IAC should be considered in differential diagnosis in similar cases.

Lawsuits and secondhand smoke.

Science.gov (United States)

Sweda, E L

2004-03-01

This paper describes secondhand smoke (SHS) litigation over the past quarter century where non-smoking litigants have prevailed and attempts to decipher trends in the law that may impact the course of future cases. Since the early 1980s, the author has sought and examined legal cases in which SHS exposure is an important factor. Law library searches using the official reporter system (for example, Shimp v. New Jersey Bell Telephone Co., 368 A.2d 408) have more recently been combined with computerised online searches using LexisNexis and Westlaw. The author has learned of other cases through personal correspondence and from articles in newspapers. Over 420 cases involving exposure to SHS were identified. Each case was reviewed and summarised. Since 1976, the year of the first reported SHS lawsuit, this type of litigation has increased both in number and in scope with increasing success. While it is common for initial cases to lose in a new area where the law eventually evolves, litigants and their lawyers who later bring similar cases can learn from those previous, unsuccessful cases. It is now apparent that the judicial branch has begun to recognise the need to protect the public-especially some of the most vulnerable members of our society-from the serious threat to their health that is exposure to SHS. Successful cases brought on behalf of individuals exposed to SHS produce an additional benefit for the public health by both paving the way for other non-smoking litigants to succeed in their cases and persuading business owners and others voluntarily to make their facilities 100% smoke-free.

Complexions of Iterative Information Systems Development Approaches

DEFF Research Database (Denmark)

Hansen, Magnus Rotvit Perlt

There is an abundance of methodologies and approaches of information Systems Development (ISD) Processes. We use the concept of complexions of development processes and Technology Use Mediation (TUM) from a client perspective to show how an instance of a planned project in the prehospital sector...... changes dynamically. We identify how the events in the ISD process unfold according to which actions are taken and responded to by users and management respectively. The study finds that depending on the types of actions that users take, managers will react and this can greatly change the complexion...

Civilized Uncoupling: A Non-Adversarial Approach to Divorce

Directory of Open Access Journals (Sweden)

Gaylen Curtis

2015-07-01

Full Text Available The word divorce can conjure images and expectations of ugly battles and emotional brutality involving parasitic attorneys profiting from the whole process. For many people the only hope for peace is to just walk away without a fight. There is another way for divorcing people. It is possible to get through a divorce and avoid the ugliness. This requires the willingness of the litigant and problem-solving skills of the attorney, as well as judges who demand compliance with court rules and accountability from both lawyers and litigants. Most of all, keeping divorce peaceful requires the viewpoint that it is possible to do so. This article advocates for this perspective.

Meeting the home-care needs of disabled older persons living in the community: does integrated services delivery make a difference?

Directory of Open Access Journals (Sweden)

Raîche Michel

2011-10-01

Full Text Available Abstract Background The PRISMA Model is an innovative coordination-type integrated-service-delivery (ISD network designed to manage and better match resources to the complex and evolving needs of elders. The goal of this study was to examine the impact of this ISD network on unmet needs among disabled older persons living in the community. Methods Using data from the PRISMA study, we compared unmet needs of elders living in the community in areas with or without an ISD network. Disabilities and unmet needs were assessed with the Functional Autonomy Measurement System (SMAF. We used growth-curve analysis to examine changes in unmet needs over time and the variables associated with initial status and change. Sociodemographic characteristics, level of disability, self-perceived health status, cognitive functioning, level of empowerment, and the hours of care received were investigated as covariates. Lastly, we report the prevalence of needs and unmet needs for 29 activities in both areas at the end of the study. Results On average, participants were 83 years old; 62% were women. They had a moderate level of disability and mild cognitive problems. On average, they received 2.07 hours/day (SD = 1.08 of disability-related care, mostly provided by family. The findings from growth-curve analysis suggest that elders living in the area where ISD was implemented and those with higher levels of disability experience better fulfillment of their needs over time. Besides the area, being a woman, living alone, having a higher level of disability, more cognitive impairments, and a lower level of empowerment were linked to initial unmet needs (r2 = 0.25; p Conclusions In spite of more than 30 years of home-care services in the province of Quebec, disabled older adults living in the community still have unmet needs. ISD networks such as the PRISMA Model, however, appear to offer an effective response to the long-term-care needs of the elderly.

Non-thermal Processes in the Formation of Mercury's Tenuous Exosphere

Science.gov (United States)

Schaible, M. J.; Bennett, C.; Jones, B. M.; Orlando, T. M.

2017-12-01

Recent observations from the MESSENGER spacecraft orbiting Mercury have established that a quasi-trapped population of ions and electrons with 1-10 keV energy exists at a distance of about 1.5 RM (RM is Mercury's radius) around much of the planet. Recent observations from the Fast Imaging Plasma Spectrometer (FIPS), taken groups). The sources of these ions are not clear. A newly developed global kinetic transport model suggests that electron-stimulated desorption (ESD), and possibly light ion stimulated desorption (ISD), can directly yield ions that can be transported and dynamically accelerated to the plasma cusp regions observed by FIPS. Neutrals desorbed from the surface by ESD, ISD, photon-stimulated desorption (PSD) and meteorite impact may also be photoionized and transported/injected into the cusp region. Though the relative importance of these mechanisms in the formation of Mercury's tenuous atmosphere and the subsequent effects on the exosphere/magnetosphere dynamics are not known, it is likely that all of these contribute significantly. The goals of this work are to measure desorption cross-sections and ejection velocities for Na+, O+, and water group ions under relevant electron and ion bombardment energies. This program utilizes state-of-the art surface science capabilities to probe the role of ESD and ISD as a source of ions and neutrals present in the exosphere of Mercury. The experimental chamber is equipped with a dosing system, a cryogenic cooled temperature controlled sample holder, as well as pulsed ion and electron sources. The ESD and ISD ion yields and velocity measurements are obtained directly by sampling with a time-of-flight mass spectrometer. The measured ESD ion yields from adsorbate covered Mercury surface analogs such as the sulfur bearing minerals MgS, Na2S and K2S are low. Additionally, ISD experiments using incident protons also yielded low ion signals. These results implicate PSD and neutral desorption as dominant processes. The

论代孕子女监护权的归属以法规出发型诉讼为视角%The Attribution of Guardianship for Surrogate Children From the Perspective of the“Action from Norm”Litigation

Institute of Scientific and Technical Information of China (English)

谢文哲; 刘正川

2016-01-01

代孕引发的监护权纠纷，揭示了法律的安定性结构和正义之间的冲突，但正义必须以法规作为基础，也应符合法律规范。以诉讼的出发点的不同可将诉讼划分为法规出发型和事实出发型，大陆法系的诉讼属于前者，英美法系的诉讼属于后一类型。我国法律制度无疑为大陆法系的成文法法律制度，因此，诉讼的出发点只能是现行法的有效规范。在解决因代孕引发的监护权纠纷时，不得以道德的、个人或阶层的正义观念替代法律规定，必须依照法律的规定予以裁决。就本文案例而言，依照儿童利益最大化原则的法律规定予以裁决，可既不破坏法律的安定性，也可以实现个案的正义。%Guardianship dispute raised by surrogacy reveals conflict between stability structure of law and justice. But justice must be based on laws and regulations and it should accord with legal norm. According to the different starting point of litigation, there are the law-driven stand and the fact-driven stand. And the litigation of civil law system belongs to the former and the common law system belongs to the latter. There is no doubt that legal system in our country is the statute law system of the civil law system;therefore, the starting point of litigation is only on the basis of current laws and regulations. The solution of the custody disputes raised by surrogacy should not be based on the idea of ethics, or individual or hierarchical justice but on the legal rule. It is necessary to adjudicate according to the laws. Cases in this paper, with the requirements of maximizing the interests of children, can be solved without breaking the law stability, and by achieving individual justice.

Negligence and Athletic Events.

Science.gov (United States)

Mawdsley, Ralph D.

2001-01-01

Although athletic events generate their share of negligence lawsuits, the relatively small number, compared with other education areas, suggests that defenses (like assumption or risk and contributory negligence) have a better fit in athletics. Implications of newer litigation trends involving coaches' misconduct and interpretation of state…

Defamation On Facebook: Isparta V Richter 2013 6 Sa 529 (GP

Directory of Open Access Journals (Sweden)

Anneliese Roos

2014-12-01

Full Text Available Litigation involving social media is still very new in South Africa and only a few reported cases can be found. In this case discussion, a brief overview is given of the few cases already reported, but in the main the case of Isparta v Richter 2013 6 SA 4529 (GP is discussed. In this case a South African court for the first time awarded damages to the plaintiff for defamatory comments made on Facebook. The questions that confronted the judge were whether the alleged defamatory statements did indeed relate to the plaintiff and whether the comments, individually or collectively, could be considered defamatory. The issue whether the "tagging" of another user of Facebook makes that user liable for the defamatory comments of the tagger is also addressed in the case. The case discussion concludes with a reference to other issues that could play a role in litigation involving Facebook, namely the Electronic Communications and Transactions Act 25 of 2002 and foreign law.

Cutting Edge: cGAS Is Required for Lethal Autoimmune Disease in the Trex1-Deficient Mouse Model of Aicardi-Goutières Syndrome.

Science.gov (United States)

Gray, Elizabeth E; Treuting, Piper M; Woodward, Joshua J; Stetson, Daniel B

2015-09-01

Detection of intracellular DNA triggers activation of the stimulator of IFN genes-dependent IFN-stimulatory DNA (ISD) pathway, which is essential for antiviral immune responses. However, chronic activation of this pathway is implicated in autoimmunity. Mutations in TREX1, a 3' repair exonuclease that degrades cytosolic DNA, cause Aicardi-Goutières syndrome and chilblain lupus. Trex1 (-/-) mice develop lethal, IFN-driven autoimmune disease that is dependent on activation of the ISD pathway, but the DNA sensors that detect the endogenous DNA that accumulates in Trex1 (-/-) mice have not been defined. Multiple DNA sensors have been proposed to activate the ISD pathway, including cyclic GMP-AMP synthase (cGAS). In this study, we show that Trex1 (-/-) mice lacking cGAS are completely protected from lethality, exhibit dramatically reduced tissue inflammation, and fail to develop autoantibodies. These findings implicate cGAS as a key driver of autoimmune disease and suggest that cGAS inhibitors may be useful therapeutics for Aicardi-Goutières syndrome and related autoimmune diseases. Copyright © 2015 by The American Association of Immunologists, Inc.

Comparison of Effectiveness between Tension-Free Vaginal Tape (TVT) and Trans-Obturator Tape (TOT) in Patients with Stress Urinary Incontinence and Intrinsic Sphincter Deficiency.

Science.gov (United States)

Kim, Hyeong Gon; Park, Hyoung Keun; Paick, Sung Hyun; Choi, Woo Suk

2016-01-01

The aim of this study was to compare the two types of mid-urethral slings for stress urinary incontinence (SUI) with intrinsic sphincter deficiency (ISD). This retrospective study included patients who underwent tension-free vaginal tape (TVT) procedure or transobturator tape (TOT) procedure by a single surgeon for SUI with ISD, defined as Valsalva leak point pressure (VLPP) TVT and 52 patients received TOT. Age, underlying diseases, Stamey grade, cystocele grade, and presence of urge incontinence were not significantly different between the two groups. Urodynamic parameters including maximal urethral closing pressure, detrusor overactivity, VLPP, urethral hypermobility (Q-tip ≥ 30°), were also comparable between the two groups. Success rate was significantly higher in the TVT group than in the TOT group (95.2% vs. 82.7%, p = 0.009). On multivariate analysis, only TOT surgery (OR = 3.922, 95%CI = 1.223-12.582, p = 0.022) was a risk factor for failure following surgical treatment. TVT is more effective than TOT in treatment of female SUI with ISD.

Evaluation of the accuracy of diagnostic scales for a syndrome in Chinese medicine in the absence of a gold standard.

Science.gov (United States)

Wang, Xiao Nan; Zhou, Vanessa; Liu, Qiang; Gao, Ying; Zhou, Xiao-Hua

2016-01-01

The concept of syndromes (zhengs) is unique to Chinese medicine (CM) and difficult to measure. Expert consensus is used as a gold standard to identify zhengs and evaluate the accuracy of existing diagnostic scales for zhengs. But, the use of expert consensus as a gold standard is problematic because the diagnosis of zhengs by expert consensus is not 100 % accurate. This study aimed to evaluate the accuracy of standardized diagnostic scales for a syndrome zhengs in the absence of a gold standard, with application to internal wind (nei feng) syndrome in ischemic stroke patients. A total of 204 participants (age 41-84 years) with ischemic stroke were assessed by the stroke syndrome differentiation diagnostic criterion (SSDC), ischemic stroke TCM syndrome diagnostic scale (ISDS), and expert syndrome differentiation (ESD). The diagnostic tests and data collection process were conducted over a 10-month period (February 2008 to November 2008) in 10 hospitals across nine cities in China. The Bayesian method was used to estimate the accuracy of the SSDC, ISDS, and ESD. For internal wind syndrome, the estimated sensitivities and specificities of the SSDC, ISDS, and ESD without use of a gold standard were respectively: [Formula: see text], [Formula: see text]; [Formula: see text], [Formula: see text]; and [Formula: see text], [Formula: see text]. After adjusting for imperfect gold standard bias, we found that both the sensitivity and specificity of the ISDS were higher than those of the SSDC for diagnosis of internal wind syndrome in ischemic stroke patients.

Breach of Contract Suits by Students against Postsecondary Education Institutions: Can They Succeed?

Science.gov (United States)

Jennings, Eileen K.

1980-01-01

Recent court litigation involving the contractual relationship between college students and colleges is reviewed and the issues raised are examined to evaluate how real the threat of contract liability is. Court approaches are heavily result-oriented in academic decision cases, but courts are increasingly reluctant to overturn institutional…

32 CFR 516.39 - Duties and procedures.

Science.gov (United States)

2010-07-01

... other activities regulated under the Rivers and Harbors Act of 1899, 33 U.S.C. 401 et seq. (c) Waters of... all civil litigation involving claims of tort liability for exposure to environmental contamination... discrete incidents of exposure to environmental contamination emanating from any Federal facility owned or...

75 FR 19285 - Short-Term Lending Program (STLP)

Science.gov (United States)

2010-04-14

... insurance. Sec. 22.15 Delinquency on Federal, State, or Municipality Debt: This section provides that the..., history of community involvement, loan experience, and the ability to implement, monitor and manage this... litigation processes that are available in the event of loan delinquency or default. Sec. 22.69 Claim Process...

Litigating the right to health: what can we learn from a comparative law and health care systems approach.

Science.gov (United States)

Flood, Colleen; Gross, Aeyal

2014-12-11

This article presents research demonstrating that the right to health plays different roles in different types of health systems. In high-income countries with tax-funded health systems, we usually encounter a lack of an enforceable right to heath. In contrast, rights play a more significant role in social health insurance/managed competition systems (which are present in a mixture of high-income and middle-income countries). There is concern, for example in Colombia, that a high volume of rights litigation can challenge the very sustainability of a public health care system and distort resources away from those most in need. Finally, in middle-income countries with big gaps between a poor public health system and a rich private one, we are more likely to find an express constitutional right to health care (or one is inferred from, for example, the right to life). In some of these countries, constitutional rights were included as part of the transition to democracy and an attempt to address huge inequities within society. Here the scale of health inequities suggests that courts need to be bolder in their interpretation of health care rights. We conclude that in adjudicating health rights, courts should scrutinize decision-making through the lens of health equity and equality to better achieve the inherent values of health human rights. Copyright © 2014 Gross and Flood. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

76 FR 21373 - Privacy Act of 1974; Report of a New System of Records

Science.gov (United States)

2011-04-15

... Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance... 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986... established by State law; (3) support litigation involving the Agency; (4) combat fraud, waste, and abuse in...

Comparison of Patent Claim Construction between Netherlands and Germany on Basis of AGA v. Occlutech

NARCIS (Netherlands)

Tsoutsanis, A.; Kau, C.

2013-01-01

This article provides a brief overview on how the Dutch and German courts interpret the claims of a patent. It briefly compares each national approach on the basis of the recent AGA v Occlutech litigation in both countries. The dispute between AGA and Occlutech involved socalled ‘‘occluders’’, a

The U.S. Forest Service and its responsibilities under the national environmental policy act: a work design problem

Science.gov (United States)

Matthew Auer; Kenneth Richards; David N. Seesholtz; Burnell Fischer; Christian Freitag; Joshua. Grice

2011-01-01

The U.S. Forest Service’s responsibilities under the National Environmental Policy Act entail a wide range of activities including scoping, scientific analysis, social and economic analysis, managing public input and involvement, media relations, regulatory analysis, and litigation. These myriad duties raise several important organizational and management questions....

The Potential Impact of Social Science Research on Legal Issues Surrounding Single-Sex Classrooms and Schools

Science.gov (United States)

Eckes, Suzanne Elizabeth; McCall, Stephanie D.

2014-01-01

Purpose: This article examines the role social science has played in litigation involving public single-sex educational programs. It also explores a body of social science research related to gender and education that we believe could assist the courts and school leaders in better examining the possibilities and the limitations of single-sex…

Don't Blame ME, Daddy. False Accusations of Child Sexual Abuse: A Hidden National Tragedy.

Science.gov (United States)

Tong, Dean

Noting the increase in false accusations of child sexual abuse where divorce and custody litigation is in progress, this book examines the consequences of such accusations for everyone involved and provides defensive strategies for those falsely accused. The book draws on four case studies, including a personal one, to illustrate the chronology…

Interactions of iron-bound frataxin with ISCU and ferredoxin on the cysteine desulfurase complex leading to Fe-S cluster assembly.

Science.gov (United States)

Cai, Kai; Frederick, Ronnie O; Tonelli, Marco; Markley, John L

2018-06-01

Frataxin (FXN) is involved in mitochondrial iron‑sulfur (Fe-S) cluster biogenesis and serves to accelerate Fe-S cluster formation. FXN deficiency is associated with Friedreich ataxia, a neurodegenerative disease. We have used a combination of isothermal titration calorimetry and multinuclear NMR spectroscopy to investigate interactions among the components of the biological machine that carries out the assembly of iron‑sulfur clusters in human mitochondria. Our results show that FXN tightly binds a single Fe 2+ but not Fe 3+ . While FXN (with or without bound Fe 2+ ) does not bind the scaffold protein ISCU directly, the two proteins interact mutually when each is bound to the cysteine desulfurase complex ([NFS1] 2 :[ISD11] 2 :[Acp] 2 ), abbreviated as (NIA) 2 , where "N" represents the cysteine desulfurase (NFS1), "I" represents the accessory protein (ISD11), and "A" represents acyl carrier protein (Acp). FXN binds (NIA) 2 weakly in the absence of ISCU but more strongly in its presence. Fe 2+ -FXN binds to the (NIA) 2 -ISCU 2 complex without release of iron. However, upon the addition of both l-cysteine and a reductant (either reduced FDX2 or DTT), Fe 2+ is released from FXN as consistent with Fe 2+ -FXN being the proximal source of iron for Fe-S cluster assembly. Copyright © 2018 The Authors. Published by Elsevier Inc. All rights reserved.

PENGARUH AKRUAL DAN KEPEMILIKAN MANAJERIAL TERHADAP RISIKO LITIGASI

Directory of Open Access Journals (Sweden)

Ari Purwanti

2018-03-01

Full Text Available This study aims to investigate the effect of accruals on the occurrence of litigation risk. The higher accruals made by managers are thought to cause high litigation risks as well. Therefore, in this study will also see the effect of managerial ownership on the occurrence of litigation risk. Using a sample of consumer goods industries that often experience litigation, testing is done on 37 companies from 2012 until 2016. The results of this study proves that by using multiple regression, developed hypothesis proved that accruals and managerial ownership have a significant positive effect on litigation risk.

Factors involved in dental surgery fires: a review of the literature.

Science.gov (United States)

VanCleave, Andrea M; Jones, James E; McGlothlin, James D; Saxen, Mark A; Sanders, Brian J; Walker, LaQuia A

2014-01-01

Surgical fires are well-characterized, readily preventable, potentially devastating operating room catastrophes that continue to occur from 20 to 100 times per year or, by one estimate, up to 600 times per year in US operating rooms, sometimes with fatal results. The most significant risk factors for surgical fires involve (a) the use of an ignition source, such as laser or electrocautery equipment, in or around an oxygen-enriched environment in the head, neck, and upper torso area and (b) the concurrent delivery of supplemental oxygen, especially via nasal cannula. Nonetheless, while these 2 conditions occur very commonly in dental surgery, especially in pediatric dental surgery where sedation and anesthesia are regularly indicated, there is a general absence of documented dental surgical fires in the literature. Barring the possibility of underreporting for fear of litigation, this may suggest that there is another mechanism or mechanisms present in dental or pediatric dental surgery that mitigates this worst-case risk of surgical fires. Some possible explanations for this include: greater fire safety awareness by dental practitioners, incidental ventilation of oxygen-enriched environments in patient oral cavities due to breathing, or suction used by dental practitioners during procedures. This review of the literature provides a background to suggest that the practice of using intraoral suction in conjunction with the use of supplemental oxygen during dental procedures may alter the conditions needed for the initiation of intraoral fires. To date, there appear to be no published studies describing the ability of intraoral suctioning devices to alter the ambient oxygen concentration in an intraoral environment. In vivo models that would allow examination of intraoral suction on the ambient oxygen concentration in a simulated intraoral environment may then provide a valuable foundation for evaluating the safety of current clinical dental surgical practices

Probabilities of inherent shutdown of unprotected events in innovative liquid metal reactors

International Nuclear Information System (INIS)

Mueller, C.J.

1987-01-01

The uncertainty in predicting the effectiveness of inherent shutdown (ISD) in innovative designs results from three broad contributing areas of uncertainty: (1) the inability to exactly predict the frequency of ATWS events with potential to challenge the safety systems and require ISD; (2) the approximation of representing all such ATWS events by a selected set of ''generic scenarios''; and (3) the inability to exactly calculate the core response to the selected generic scenarios. In this summary, the methodology and associated results of work used to establish probabilities of failure of inherent shutdown of innovative LMRs to the unprotected loss-of-flow (LOF) accident are discussed

75 FR 31440 - Privacy Act of 1974; Report of a New System of Records

Science.gov (United States)

2010-06-03

... Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the E-Government Act of... Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the E-Government Act of... by State law, or its fiscal agent; (3) support litigation involving the Department; (4) combat fraud...

Managing Autism: Knowledge and Training in Autism Spectrum Disorders among Special Education Administrators in Texas

Science.gov (United States)

Hughes, Heather; Combes, Bertina H.; Metha, Smita Shukla

2012-01-01

The number of children with ASDs quadrupled between 2000-2001 and 2009-2010, from 93,000 to 378,000. More children with ASDs are being served in public school systems. Due process hearings and cases involving students with ASDs represent the most rapidly growing area of litigation in special education. Special education administrators' knowledge…

Attorney and Parent Attitudes Related to Successful Mediation Counseling of Child Custody Disputes.

Science.gov (United States)

Swenson, Leland C.; Heinish, D.

The divorce explosion has placed a substantial burden on the judicial system of the United States. About 10 percent of divorce cases involve child custody battles. The adversarial legal process may be contrary to the children's best interest. Custody mediation has been used as an alternative to court litigation. California law requires an attempt…

Radiation litigation: Quality assurance and the radiation analyst

International Nuclear Information System (INIS)

Jose, D.E.

1986-01-01

This paper touches on three areas of interest to the radiation analyst; the dose issue, legal persuasion, and future legal issues. While many laboratory scientists would think that the actual dose received by the plaintiff's relevant organ would be an easy issue to resolve, that has not been the experience to date. All radiation cases are assumed to be ultrahazardous activity cases, even though they involve a dose well below yearly natural background. At some point the law needs to realize that such low dose cases are a waste of scarce judicial resources. Lawyers and scientists need to communicate with each other and work together to help improve the way the legal system processes these important cases

U.S. Nuclear Regulatory Commission, annual report, 1978

International Nuclear Information System (INIS)

1978-01-01

The report contains the following chapters: (1) overview and summary, (2) reactor regulation, (3) materials regulation, (4) domestic safeguards, (5) waste management, (6) injection and enforcement, (7) operating experience, (8) state programs, (9) international activities, (10) standards development, (11) regulatory research, (12) informing and involving the public, (13) proceedings and litigation, and (14) administration and mangement

77 FR 61582 - Privacy Act of 1974; System of Records

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2012-10-10

... with ``Air Force Legal Operations Agency, Commercial Law and Litigation Directorate, 1500 W. Perimeter... Address: Delete entry and replace with ``Air Force Legal Operations Agency, Commercial Law and Litigation..., Commercial Law and Litigation Directorate, 1500 W. Perimeter Rd., Ste. 1780, Joint Base Andrews, MD 20742...

32 CFR 516.53 - News media and other inquiries.

Science.gov (United States)

2010-07-01

... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope... appropriate recommendations for review and approval by the Office of the Chief of Public Affairs. All releases... inquiries regarding litigation or potential litigation will be referred to the appropriate public affairs...

High-Definition Computed Tomography for Coronary Artery Stent Imaging: a Phantom Study

Energy Technology Data Exchange (ETDEWEB)

Yang, Wen Jie; Chen, Ke Min; Pang, Li Fang; Zhang, Huang; Pan, Zi Lai [Rui Jin Hospital, Medical School, Shanghai Jiao Tong University, Shangha (China); Guo, Ying; Li, Jian Ying [Beijing Economic and Technology Development Area, Beijing (China)

2012-01-15

To assess the performance of a high-definition CT (HDCT) for imaging small caliber coronary stents ({<=} 3 mm) by comparing different scan modes of a conventional 64-row standard-definition CT (SDCT). A cardiac phantom with twelve stents (2.5 mm and 3.0 mm in diameter) was scanned by HDCT and SDCT. The scan modes were retrospective electrocardiography (ECG)-gated helical and prospective ECG-triggered axial with tube voltages of 120 kVp and 100 kVp, respectively. The inner stent diameters (ISD) and the in-stent attenuation value (AVin-stent) and the in-vessel extra-stent attenuation value (AVin-vessel) were measured by two observers. The artificial lumen narrowing (ALN = [ISD - ISDmeasured]/ISD) and artificial attenuation increase between in-stent and in-vessel (AAI = AVin-stent - AVin-vessel) were calculated. All data was analyzed by intraclass correlation and ANOVA-test. The correlation coefficient of ISD, AVin-vessel and AVin-stent between the two observers was good. The ALNs of HDCT were statistically lower than that of SDCT (30 {+-} 5.7% versus 35 {+-} 5.4%, p < 0.05). HDCT had statistically lower AAI values than SDCT (15.7 {+-} 81.4 HU versus 71.4 {+-} 90.5 HU, p < 0.05). The prospective axial dataset demonstrated smaller ALN than the retrospective helical dataset on both HDCT and SDCT (p < 0.05). Additionally, there were no differences in ALN between the 120 kVp and 100 kVp tube voltages on HDCT (p = 0.05). High-definition CT helps improve measurement accuracy for imaging coronary stents compared to SDCT. HDCT with 100 kVp and the prospective ECG-triggered axial technique, with a lower radiation dose than 120 kVp application, may be advantageous in evaluating coronary stents with smaller calibers ({<=} 3 mm).

Alternative end-joining catalyzes robust IgH locus deletions and translocations in the combined absence of ligase 4 and Ku70.

Science.gov (United States)

Boboila, Cristian; Jankovic, Mila; Yan, Catherine T; Wang, Jing H; Wesemann, Duane R; Zhang, Tingting; Fazeli, Alex; Feldman, Lauren; Nussenzweig, Andre; Nussenzweig, Michel; Alt, Frederick W

2010-02-16

Class switch recombination (CSR) in B lymphocytes is initiated by introduction of multiple DNA double-strand breaks (DSBs) into switch (S) regions that flank immunoglobulin heavy chain (IgH) constant region exons. CSR is completed by joining a DSB in the donor S mu to a DSB in a downstream acceptor S region (e.g., S gamma1) by end-joining. In normal cells, many CSR junctions are mediated by classical nonhomologous end-joining (C-NHEJ), which employs the Ku70/80 complex for DSB recognition and XRCC4/DNA ligase 4 for ligation. Alternative end-joining (A-EJ) mediates CSR, at reduced levels, in the absence of C-NHEJ, even in combined absence of Ku70 and ligase 4, demonstrating an A-EJ pathway totally distinct from C-NHEJ. Multiple DSBs are introduced into S mu during CSR, with some being rejoined or joined to each other to generate internal switch deletions (ISDs). In addition, S-region DSBs can be joined to other chromosomes to generate translocations, the level of which is increased by absence of a single C-NHEJ component (e.g., XRCC4). We asked whether ISD and S-region translocations occur in the complete absence of C-NHEJ (e.g., in Ku70/ligase 4 double-deficient B cells). We found, unexpectedly, that B-cell activation for CSR generates substantial ISD in both S mu and S gamma1 and that ISD in both is greatly increased by the absence of C-NHEJ. IgH chromosomal translocations to the c-myc oncogene also are augmented in the combined absence of Ku70 and ligase 4. We discuss the implications of these findings for A-EJ in normal and abnormal DSB repair.

YBCO coated conductors by reactive thermal co-evaporation

Energy Technology Data Exchange (ETDEWEB)

Schmatz, U.; Hoffmann, Ch.; Bauer, M.; Metzger, R.; Berberich, P.; Kinder, H. [Technische Univ. Muenchen, Garching (Germany). Physik-Department

2001-12-01

Coated tape conductors of YBCO require a deposition process allowing to obtain a high volume growth rate in order to produce long lengths of tape in a reasonable amount of time. We present our tape coating system where 15 parallel loops of travelling tape of 1 cm width can be coated simultaneously by reactive thermal co-evaporation. For high critical current densities, in-plane alignment of the YBCO film is necessary. Inclined substrate deposition (ISD) is a technique that allows to deposit in-plane oriented buffer layers suitable for YBCO growth at high deposition rates. We present results obtained for YBCO films grown on MgO-ISD buffer layers deposited by e-gun evaporation onto metallic tape substrates. (orig.)

The legal and economic forces that will shape the international market for cybersurgery.

Science.gov (United States)

McLean, Thomas R

2006-12-01

Despite the common use of medical devices most health care providers have little understanding how a device alters medical malpractice litigation. Such knowledge will be increasingly valuable as cybersurgery (i.e. remote robotic surgery) becomes routine. Review of the laws governing products and telecommunication liability. Litigation after cybersurgery will be complex. In addition to being able to sue physicians and hospitals, patients who sustain an adverse outcome after cybersurgery will have the potential to sue the robotic manufacturer and telecommunication company. Robotics manufacturers can obtain virtual immunity from liability if they elected to place their devices on the market after obtaining [see text]360 per-market approval from the FDA. However, because [see text]360 pre-market approval is expensive and time consuming most medical devices on the market (including the robotic surgical instruments) do not have immunity to products liability. Consequently, after an adverse cybersurgical outcome a manufacturer of a robotic surgical instrument faces liability for failure to warn, design defects, and failure to properly manufacture. As for telecommunication providers, existing law provides them with immunity from liability. Litigation following cybersurgery will involve multiple defendants who are likely to use "finger pointing" defenses. Accordingly, there will be liability traps associated with providing cybersurgery. Copyright 2006 John Wiley & Sons, Ltd.

Managing many patients with a urethral stricture: a cost-benefit analysis of treatment options.

Science.gov (United States)

Ogbonna, B C

1998-05-01

To report a management method in a community where there are many patients with urethral stricture and where the short-term goal of providing some treatment to most may override the sometimes conflicting long-term aim of minimizing recurrence rates. Over a 3-year period, using optical urethrotomy in 76 patients followed by intermittent self-dilatation (ISD) in 29, urethroplasty in 28 and dilatation in three, 92 of 134 patients with a urethral stricture were treated and the outcome compared. The overall recurrence rate was 22%; a combination of urethrotomy plus ISD had a recurrence rate of 17% and gave a mean duration of follow-up without recurrence similar to that after urethroplasty. ISD significantly increased both the time before recurrence and the duration of follow-up without recurrence after urethrotomy. In addition to providing lasting treatment to many patients, urethrotomy was also 10 times cheaper, 10 times faster to perform and offered the surgeon better protection from infection with human immunodeficiency virus than did urethroplasty. Because wrongly selecting urethrotomy (resulting in a failed procedure) wastes valuable operating time and resources, the pre-operative recognition of strictures unsuitable for urethrotomy and their treatment by urethroplasty is important for overall efficiency.

Variation in practice: an analysis of Scottish Surgical Profiles ENT data.

Science.gov (United States)

Yeo, J C L; Ah-See, K W; Mackenzie, K

2013-02-01

Variation in otolaryngology intervention rates is reported in the Scottish Surgical Profiles Project. Tonsillectomy is one of the selected key indicator procedures. The variation in practice was discussed nationally at the Scottish Otolaryngology Society summer meetings in 2009 and 2010. NHS Grampian had a significantly higher tonsillectomy rate compared with other Scottish NHS boards. To determine the accuracy of NHS Grampian data reported by the Information Service Division (ISD) and to record the appropriateness of listing of patients for tonsillectomy with reference to the Scottish Intercollegiate Guidelines Network (SIGN). Retrospective review of case notes and surgical records of patients who had undergone tonsillectomy between March 2007 and March 2008 in NHS Grampian. Between March 2007 and March 2008, 509 tonsillectomy cases were performed in NHS Grampian. This corresponded to the data received from ISD. 87% of tonsillectomies performed were compliant with SIGN guidelines. The Scottish otolaryngology clinicians have found the reporting of the intervention rates stimulating and challenging. Discussion of the surgical profile project regularly at national specialty meetings resulted in a preliminary detailed targeted audit of those who were persistent outliers for tonsillectomy. This refuted the presumed reasons for this variation, namely inaccurate figures from ISD and inappropriate listings by clinicians.

Browse diversity and iron loading in captive sumatran rhinoceroses (Dicerorhinus sumatrensis): a comparison of sanctuary and zoological populations.

Science.gov (United States)

Candra, Dedi; Radcliffe, Robin W; Andriansyah; Khan, Mohammad; Tsu, I-Hsien; Paglia, Donald E

2012-09-01

Iron storage disease (ISD) is now recognized as a serious clinical disorder acquired by two species of browsing rhinoceroses, the African black (Diceros bicornis) and the Asian Sumatran (Dicerorhinus sumatrensis) rhinoceroses, when displaced from their natural habitats. The most complete knowledge of ISD comes from studies of the black rhinoceros, but the Asian species is also at risk. Sumatran rhinoceroses housed in traditional zoological settings outside of range countries have suffered significant morbidity and mortality potentially related to ISD induced by diet and/or other confinement conditions. With so few animals in captivity, very little information exists on iron loading in the Sumatran rhinoceros. To better characterize the problem, we retrospectively compared captive management conditions of Sumatran rhinoceroses housed under traditional zoological care with those in two native sanctuary environments. In general, zoo rhinoceroses are offered a paucity of plants and browse species compared with their sanctuary and wild counterparts managed in native rainforest habitats. Iron analyte levels and limited histopathologic observations in these populations suggest variable tendencies to overload iron, dependent upon differences in managed diet and individual food preferences. More detailed investigation of these markedly dissimilar ex situ populations is warranted to better understand the role of nutrition and other conditions affecting iron loading in browser rhinoceroses.

Litigios por derecho a la salud en tres países de América Latina: revisión sistemática de la literatura Right-to-health litigation in three Latin American countries: a systematic literature review

Directory of Open Access Journals (Sweden)

Ludovic Reveiz

2013-03-01

. Los estudios incluidos muestran las debilidades de los sistemas de salud para garantizar el acceso a los distintos servicios así como para la incorporación de las nuevas tecnologías sanitarias.OBJECTIVE: Identify and evaluate studies that analyzed characteristics of right-to-health litigation in Brazil, Colombia, and Costa Rica. METHODS: Studies were evaluated that analyzed characteristics of right-to-health litigation identified through a search of PubMed, LILACS, Cochrane Library, and Scirus (April 2012. Two reviewers evaluated the studies. Variables collected were, among others, grounds for litigation, proportion of lawsuits for benefits covered by the health system, and lawsuits on high-cost technologies. RESULTS: Thirty studies were identified (Brazil 19, Colombia 10, and Costa Rica 1. Judgments were frequently in favor of plaintiffs: Colombia (75%-87%, Costa Rica (89.7%, and Brazil (70%-100%. In Colombia, lawsuits were filed for benefits included in the Compulsory Health Plan (range: 41%-69.9%. In Brazil there was considerable variation in the amount of lawsuits between the Exceptional Circumstance Drug Dispensing Program (13%-31% and basic medicines in the Unified Health System (approximately 50%. Lawsuits on drugs varied as a percentage of all lawsuits (Colombia 11.9%-35.6%, Costa Rica 30.2%, and Brazil 49.6%. A study in Brazil found a statistically significant difference when comparing lawsuits on exceptional drugs versus all other drugs, by social class; and in another study, according to lawsuits from municipalities with better socioeconomic indicators. A concentration of lawsuits on drug prescribing by a limited group of physicians was reported. Prescribing was not always supported by scientific evidence. Another study found that in half of the cases, the cost of legal proceedings was higher than the cost of the services being claimed. CONCLUSIONS: There are similarities in the grounds, nature, and impact of litigation in the context of the countries

Urinary incontinence - injectable implant

Science.gov (United States)

... repair; ISD repair; Injectable bulking agents for stress urinary incontinence ... and disorders: physiology of micturition, voiding dysfunction, urinary incontinence, urinary tract infections, and painful bladder syndrome. In: Lobo ...

75 FR 22551 - Continuation of Hearing on the Department of Justice's Actions Related to the New Black Panther...

Science.gov (United States)

2010-04-29

... to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights... New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act... Department of Justice's actions in the New Black Panther Party Litigation and Enforcement of Section 11(b) of...

Patients' knowledge and perceived reactions to medical errors in a ...

African Journals Online (AJOL)

Severity of error (88.5%) and the perception of negligence mediated intention to litigate. Voluntary disclosure significantly reduced patients' intention to litigate caregivers (chi2=3.584; df=1; P=0.053). Frustration/anger was not more likely to influence patient to litigate than feelings of resignation/forgiveness (chi2=2.156; df=1; ...

The Perceived Impact of the Agile Development and Project Management Method Scrum on Information Systems and Software Development Productivity

DEFF Research Database (Denmark)

Kautz, Karlheinz; Johansen, Thomas Heide; Uldahl, Andreas

2013-01-01

This research contributes to the body of knowledge in information systems development (ISD) with an empirical investigation in form of a case study that demonstrates the positive impact of the agile development and project management method Scrum on information systems and software development...... productivity and it provides a useful operationalization of the concept through seven identified indicators for productivity. Despite the fact that the case unit had challenges with the use of Scrum, the indicators identified the areas where the company had managed to exploit the potential of Scrum and its...... practices with regard to increasing productivity. The research results are discussed both with regard to the existing Scrum literature as well as to complex adaptive systems (CAS) as a foundation for ISD and agile development....

Study on Investor-State Dispute Settlement (‘ISDS’) and Alternatives of Dispute Resolution in International Investment Law

DEFF Research Database (Denmark)

Hindelang, Steffen

aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...

Penyelesaian Sengketa Perjanjian Syariah pada Lembaga Keuangan Syariah

Directory of Open Access Journals (Sweden)

Maskufa Maskufa

2015-10-01

Full Text Available Dispute settlement in Islamic tradition has been carried out since the era of Prophet Muhammad SAW. This is done through the courts (litigation and through shulh, fatwa, mazhalim, and hisbah, known as non-litigation. The form of muamalah dispute settlement especially applicable nowadays is almost the same as those prevailing at the time of the Prophet. Litigation through the judicial institutions and non-litigation settlement called as alternative dispute resolution (ADR is known by the term shulh in fiqh, while the path through arbitration is knows in fiqh as tahkimDOI: 10.15408/aiq.v5i1.2113

Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice

Directory of Open Access Journals (Sweden)

John W. Bagby

2006-03-01

Full Text Available Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, e-mails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD as it becomes a predominant and potentially costly pre-trial activity pivotal to modern litigation. This article discusses these constraints while identifying opportunities for the interdisciplinary activities among litigators, forensic experts and information technology professionals.

Who and What Does Involvement Involve?

DEFF Research Database (Denmark)

Hansen, Jeppe Oute; Petersen, Anders; Huniche, Lotte

2015-01-01

This article gives an account of aspects of a multi-sited field study of involvement of relatives in Danish psychiatry. By following metaphors of involvement across three sites of the psychiatric systema family site, a clinical site and a policy sitethe first author (J.O.) investigated how...... theoretical perspective laid out by Ernesto Laclau and Chantal Mouffe, the aim of this study is to show how the dominant discourse about involvement at the political and clinical sites is constituted by understandings of mentally ill individuals and by political objectives of involvement. The analysis...... the responsibility toward the mental health of the ill individual as well as toward the psychological milieu of the family....

Social aspects of clinical errors.

Science.gov (United States)

Richman, Joel; Mason, Tom; Mason-Whitehead, Elizabeth; McIntosh, Annette; Mercer, Dave

2009-08-01

Clinical errors, whether committed by doctors, nurses or other professions allied to healthcare, remain a sensitive issue requiring open debate and policy formulation in order to reduce them. The literature suggests that the issues underpinning errors made by healthcare professionals involve concerns about patient safety, professional disclosure, apology, litigation, compensation, processes of recording and policy development to enhance quality service. Anecdotally, we are aware of narratives of minor errors, which may well have been covered up and remain officially undisclosed whilst the major errors resulting in damage and death to patients alarm both professionals and public with resultant litigation and compensation. This paper attempts to unravel some of these issues by highlighting the historical nature of clinical errors and drawing parallels to contemporary times by outlining the 'compensation culture'. We then provide an overview of what constitutes a clinical error and review the healthcare professional strategies for managing such errors.

Reconstruction of Low Speed Rear-End collisions - Technical Means of Assessing Cervical Spine Injuries

Directory of Open Access Journals (Sweden)

Martin Hitzemann

2003-01-01

Full Text Available In recent years, an increasing number of cervical spine injuries sustained by vehicle occupants in collisions at comparatively low speeds have been reported to insurance companies and in civil litigation. The reported injuries occur in both rear-end and side impact collisions. The paper describes how a detailed assessment of such cases requires interdisciplinary teamwork involving technical, biomechanical and medical experts.

The effectiveness of the PRISMA integrated service delivery network: preliminary report on methods and baseline data

Directory of Open Access Journals (Sweden)

Réjean Hébert

2008-02-01

Full Text Available Purpose: The PRISMA study analyzes an innovative coordination-type integrated service delivery (ISD system developed to improve continuity and increase the effectiveness and efficiency of services, especially for older and disabled populations. The objective of the PRISMA study is to evaluate the effectiveness of this system to improve health, empowerment and satisfaction of frail older people, modify their health and social services utilization, without increasing the burden of informal caregivers. The objective of this paper is to present the methodology and give baseline data on the study participants. Methods: A quasi-experimental study with pre-test, multiple post-tests, and a comparison group was used to evaluate the impact of PRISMA ISD. Elders at risk of functional decline (501 experimental, 419 control participated in the study. Results: At entry, the two groups were comparable for most variables. Over the first year, when the implementation rate was low (32%, participants from the control group used fewer services than those from the experimental group. After the first year, no significant statistical difference was observed for functional decline and changes in the other outcome variables. Conclusion: This first year must be considered a baseline year, showing the situation without significant implementation of PRISMA ISD systems. Results for the following years will have to be examined with consideration of these baseline results.

Neurophysiological correlates of word processing deficits in isolated reading and isolated spelling disorders.

Science.gov (United States)

Bakos, Sarolta; Landerl, Karin; Bartling, Jürgen; Schulte-Körne, Gerd; Moll, Kristina

2018-03-01

In consistent orthographies, isolated reading disorders (iRD) and isolated spelling disorders (iSD) are nearly as common as combined reading-spelling disorders (cRSD). However, the exact nature of the underlying word processing deficits in isolated versus combined literacy deficits are not well understood yet. We applied a phonological lexical decision task (including words, pseudohomophones, legal and illegal pseudowords) during ERP recording to investigate the neurophysiological correlates of lexical and sublexical word-processing in children with iRD, iSD and cRSD compared to typically developing (TD) 9-year-olds. TD children showed enhanced early sensitivity (N170) for word material and for the violation of orthographic rules compared to the other groups. Lexical orthographic effects (higher LPC amplitude for words than for pseudohomophones) were the same in the TD and iRD groups, although processing took longer in children with iRD. In the iSD and cRSD groups, lexical orthographic effects were evident and stable over time only for correctly spelled words. Orthographic representations were intact in iRD children, but word processing took longer compared to TD. Children with spelling disorders had partly missing orthographic representations. Our study is the first to specify the underlying neurophysiology of word processing deficits associated with isolated literacy deficits. Copyright © 2017 International Federation of Clinical Neurophysiology. Published by Elsevier B.V. All rights reserved.

A prospective evaluation of health-related quality of life in Hong Kong Chinese patients with chronic non-cancer pain.

Science.gov (United States)

Lee, S; Chen, P P; Lee, A; Ma, M; Fong, C M; Gin, T

2005-06-01

To evaluate the health-related quality of life in Hong Kong Chinese patients with chronic non-cancer pain. Prospective cross-sectional survey. Regional public hospitals, Hong Kong. Patients attending out-patient pain management clinics between 1 July 2002 and 28 February 2003 were approached to complete a set of standardised questionnaires. Demographic profiles, treatment modality, litigation, compensation, social welfare status, Hospital Anxiety Depression Scale, and Medical Outcomes Survey short-form health survey (SF36). Data from 166 patients were analysed. The median numeric pain rating score was 6 (interquartile range, 2-10). Work-related injury occurred in 34.3% of patients, while another 34% were involved in pain-related litigation and 32% were receiving disability or unemployment benefit. Sixty-four percent of patients were managed by three or more disciplines, while 54.8% were also receiving complimentary alternative medical treatment, mainly traditional Chinese medicine (49.7%). The Hospital Anxiety Depression Score indicated clinical anxiety or depression in 71.1% of patients. All SF36 subscale scores were lower than the local population norm. Unemployed patients had higher depression scores (P = 0.005), while students or retirees had lower physical functioning scores (P = 0.004). Patients who were single had higher role emotion scores than those who were married or separated/widowed (P = 0.011). Logistic regression analysis showed that younger age (odds ratio = 0.95), being married (6.62), work-related injury (15.63) or higher general scores (1.03) were more likely to be associated with litigation. Social welfare benefit was associated with unemployment (3.39) and a lower level of physical functioning (0.98). There was a high prevalence of clinical anxiety, depression, and severe impairment in the health-related quality of life in Hong Kong Chinese patients with chronic non-cancer pain. Specific factors affected the health-related quality of life

Pilot implementation

DEFF Research Database (Denmark)

Hertzum, Morten; Bansler, Jørgen P.; Havn, Erling C.

2012-01-01

A recurrent problem in information-systems development (ISD) is that many design shortcomings are not detected during development, but first after the system has been delivered and implemented in its intended environment. Pilot implementations appear to promise a way to extend prototyping from...... the laboratory to the field, thereby allowing users to experience a system design under realistic conditions and developers to get feedback from realistic use while the design is still malleable. We characterize pilot implementation, contrast it with prototyping, propose a iveelement model of pilot...... implementation and provide three empirical illustrations of our model. We conclude that pilot implementation has much merit as an ISD technique when system performance is contingent on context. But we also warn developers that, despite their seductive conceptual simplicity, pilot implementations can be difficult...

Role of cation impurities on radiation-induced processes in alkali halides

International Nuclear Information System (INIS)

Agullo-Lopez, F.; Lopez, F.J.; Jaque, F.

1982-01-01

Experimental data on the energy levels' spectrum of defects produced by 30 Si + ions' implantation into the Si-SiO 2 interface regions of MOS-structures are presented. The energy spectrum consists of a continuum (background) and discrete bands. The maxima, which are repeated for both N and P-type Si, mostly correspond to the known energy levels of radiation-induced defects in Si, and thus can be concluded that the levels belong to point defects and complexes produced in Si near Si-SiO 2 , interface during Si + ions' implantation. The dependence of the interface states' density (ISD) on implantation dose is presented and the results of annealing are given for the continuum and discrete ISD. The continuum annealing is bimolecular with the activation energy of 0.4 +- 0.02 eV. (author)

Salt Repository Project input to seismic design: Revision 0

International Nuclear Information System (INIS)

1987-12-01

The Salt Repository Program (SRP) Input to Seismic Design (ISD) documents the assumptions, rationale, approaches, judgments, and analyses that support the development of seismic-specific data and information to be used for shaft design in accordance with the SRP Shaft Design Guide (SDG). The contents of this document are divided into four subject areas: (1) seismic assessment, (2) stratigraphy and material properties for seismic design, (3) development of seismic design parameters, and (4) host media stability. These four subject areas have been developed considering expected conditions at a proposed site in Deaf Smith County, Texas. The ISD should be used only in conjunction with seismic design of the exploratory and repository shafts. Seismic design considerations relating to surface facilities are not addressed in this document. 54 refs., 55 figs., 18 tabs

The Perceived Impact of the Agile Development and Project Management Method Scrum on Information Systems and Software Development Productivity

Directory of Open Access Journals (Sweden)

Karlheinz Kautz

2014-11-01

Full Text Available This research contributes to the body of knowledge in information systems development (ISD with an empirical investigation in form of a case study that demonstrates the positive impact of the agile development and project management method Scrum on information systems and software development productivity and it provides a useful operationalization of the concept through seven identified indicators for productivity. Despite the fact that the case unit had challenges with the use of Scrum, the indicators identified the areas where the company had managed to exploit the potential of Scrum and its practices with regard to increasing productivity. The research results are discussed both with regard to the existing Scrum literature as well as to complex adaptive systems (CAS as a foundation for ISD and agile development.

PENGARUH RISIKO LITIGASI TERHADAP MANAJEMEN LABA DENGAN KUALITAS AUDIT SEBAGAI VARIABEL MODERATING

Directory of Open Access Journals (Sweden)

Miratul Atiqah

2011-05-01

Full Text Available Asymmetry of information between agency and principal, make the management have opportunityto create earnings management. Earnings management has a disadvantage to investors. Auditorshave a risk that investor can make a assertion to auditor is called litigation risk. The purposeof this research is to examine the influence of Litigation Risk to Earnings Management and theinfluence Audit Quality as the moderating variable in relations between Litigation Risk andEarnings Management. The proxy for earnings management is discretionary accruals by JonesModel (performance-matched discretionary accruals. Audit Quality in this research use auditorsize. This study uses secondary data from financial statement of manufacturing companies whichlisted on Bursa Efek Indonesia in 2008-2010. This research uses purposive sampling method. Themethod analysis of this research used multiple regression analysis.The results of this research show that litigation risk had no influence on earnings management.The result of the test to moderating variable shows that audit quality had negative influence onthe relations between Litigation Risk and Earnings Management.

The medicolegal landscape of spine surgery: how do surgeons fare?

Science.gov (United States)

Makhni, Melvin C; Park, Paul J; Jimenez, Jesus; Saifi, Comron; Caldwell, Jon-Michael; Ha, Alex; Figueroa-Santana, Bianca; Lehman, Ronald A; Weidenbaum, Mark

2018-02-01

Because of the limited and confidential nature of most legal data, scarce literature is available to physicians about reasons for litigation in spine surgery. To optimally compensate patients while protecting physicians, further understanding of the medicolegal landscape is needed for high-risk procedures such as spine surgery. Based on these, surgeons can explore ways to better protect both their patients and themselves. To characterize the current medicolegal environment of spine surgery by analyzing a recent dataset of malpractice litigation. A retrospective study. All malpractice cases involving spine surgery available to public query between the years of 2010 and 2014. Case outcome for spine surgery malpractice cases between the years of 2010 and 2014. WestlawNext was used to analyze spine surgery malpractice cases at the state and federal level between the years 2010 and 2014. WestlawNext is a subscription-based, legal search engine that contains publicly available federal and state court records. All monetary values were inflation adjusted for 2016. One hundred three malpractice cases were categorized by case descriptors and outcome measures. Claims were categorized as either intraoperative complaints or preoperative complaints. Rulings in favor of the defendant (surgeon) were noted in 75% (77 of 103) of the cases. Lack of informed consent was cited in 34% of cases. For the 26 cases won by the plaintiff, the average amount in settlement was $2,384,775 versus $3,945,456 in cases brought before a jury. Cases involving consent averaged a compensation of $2,029,884, whereas cases involving only intraoperative complaints averaged a compensation of $3,667,530. A significant correlation was seen between increased compensation for plaintiffs and cases involving orthopedic surgeons (p=.020) or nerve injury (p=.005). Wrong-level surgery may be associated with lower plaintiff compensation (p=.055). The length of cases resulting in defense verdicts averaged 5.51 years

Contenciosos brasileiros na Organização Mundial do Comércio (OMC: pauta comercial, política e instituições Brazil litigation in the WTO: trade mix, politics and institutions

Directory of Open Access Journals (Sweden)

Daniel Arbix

2008-12-01

Full Text Available O presente estudo busca analisar a formulação da política comercial brasileira, de relevância e complexidade crescentes, no caso das demandas brasileiras ao Órgão de Solução de Controvérsias (OSC da Organização Mundial do Comércio (OMC. Examina-se a centralização de tal política no Poder Executivo com foco em seus processos decisórios, a partir do contexto econômico e político pertinente para a seleção das demandas apresentadas a tal mecanismo de solução de controvérsias. Além de se perscrutar o funcionamento da Câmara de Comércio Exterior (Camex e sua interação com outros órgãos estatais, investiga-se a dinâmica da condução dos contenciosos e de suas repercussões na agenda comercial da OMC. Constata-se que, à margem do desenho institucional focalizado na Camex, a escolha das demandas responde à pauta comercial e ao impacto nas negociações internacionais do país, acompanhando a pauta de exportação e os principais parceiros comerciais do Brasil, no marco da Rodada Doha da OMC. Marcadas por constrangimentos internos e externos, portanto, as estratégias sobre litígios comerciais internacionais demandam transparência e cooperação aperfeiçoadas com o setor privado.This study seeks to analyze Brazil's foreign trade policy, which is of growing importance and complexity, in the particular case of litigation with the WTO's Dispute Settlement Body. Such policy centralization with the Executive Branch is examined with focus on the decision making processes, with grounds on the political and economical context relevant to the selection of disputes to be initiated with the mentioned dispute settlement mechanism. Brazilian Chamber of Foreign Commerce (Camex's operations are scrutinized, as well as its interactions with other state bodies, which is followed by an investigation of the dynamics of the disputes' conduction and their repercussion on the WTO's trade agenda. Perceived results are that, despite decisions

Optimal Attorney Advertising

OpenAIRE

Michael P. Stone

2010-01-01

Attorney advertising routinely targets tort victims. In this paper, a theoretical model is developed which incorporates advertising intensity, litigation costs, and an endogenous number of lawsuits. Since advertising induces victims to bring suit, it increases the level of injurer care. However, litigation costs are also incurred. At the optimum, the marginal benefit of deterrence equals the sum of the marginal costs of litigation and advertising. It is shown that even though blanket prohibit...

COMPARATIVE STUDY ON FISCAL-ADMINISTRATIVE SOLICITOR'S OFFICE AND FISCAL SOLICITOR'S OFFICE

OpenAIRE

OCTAVIA MARIA CILIBIU

2012-01-01

The fiscal-administrative solicitor's office represents the activity of solving litigations between tax payers and the fiscal administration, litigations whose purpose is to cancel totally or partially a fiscal administrative document, document considered by the tax payer harmful for his legitimate right or interest recognized by law. The fiscal solicitor's office represents the activity of solving litigations whose purpose is to cancel or correction of acts of enforcement of tax claims. Rese...

The Friends of Northside ISD Libraries Sets Sail

Science.gov (United States)

Hultgren, Joyce

2009-01-01

The Director of Library and Textbook services for the Northside Independent School District (NISD) Jana Knezek, had long wanted to create a Friends group and she realized how beneficial it would be to have an organization in place that could serve as an advocate for school library issues. Jana temporarily put aside that desire and participated in…

Intraindividual variability in vigilance performance: does degrading visual stimuli mimic age-related "neural noise"?

Science.gov (United States)

MacDonald, Stuart W S; Hultsch, David F; Bunce, David

2006-07-01

Intraindividual performance variability, or inconsistency, has been shown to predict neurological status, physiological functioning, and age differences and declines in cognition. However, potential moderating factors of inconsistency are not well understood. The present investigation examined whether inconsistency in vigilance response latencies varied as a function of time-on-task and task demands by degrading visual stimuli in three separate conditions (10%, 20%, and 30%). Participants were 24 younger women aged 21 to 30 years (M = 24.04, SD = 2.51) and 23 older women aged 61 to 83 years (M = 68.70, SD = 6.38). A measure of within-person inconsistency, the intraindividual standard deviation (ISD), was computed for each individual across reaction time (RT) trials (3 blocks of 45 event trials) for each condition of the vigilance task. Greater inconsistency was observed with increasing stimulus degradation and age, even after controlling for group differences in mean RTs and physical condition. Further, older adults were more inconsistent than younger adults for similar degradation conditions, with ISD scores for younger adults in the 30% condition approximating estimates observed for older adults in the 10% condition. Finally, a measure of perceptual sensitivity shared increasing negative associations with ISDs, with this association further modulated as a function of age but to a lesser degree by degradation condition. Results support current hypotheses suggesting that inconsistency serves as a marker of neurological integrity and are discussed in terms of potential underlying mechanisms.

High-definition computed tomography for coronary artery stents imaging: Initial evaluation of the optimal reconstruction algorithm.

Science.gov (United States)

Cui, Xiaoming; Li, Tao; Li, Xin; Zhou, Weihua

2015-05-01

The aim of this study was to evaluate the in vivo performance of four image reconstruction algorithms in a high-definition CT (HDCT) scanner with improved spatial resolution for the evaluation of coronary artery stents and intrastent lumina. Thirty-nine consecutive patients with a total of 71 implanted coronary stents underwent coronary CT angiography (CCTA) on a HDCT (Discovery CT 750 HD; GE Healthcare) with the high-resolution scanning mode. Four different reconstruction algorithms (HD-stand, HD-detail; HD-stand-plus; HD-detail-plus) were applied to reconstruct the stented coronary arteries. Image quality for stent characterization was assessed. Image noise and intrastent luminal diameter were measured. The relationship between the measurement of inner stent diameter (ISD) and the true stent diameter (TSD) and stent type were analysed. The stent-dedicated kernel (HD-detail) offered the highest percentage (53.5%) of good image quality for stent characterization and the highest ratio (68.0±8.4%) of visible stent lumen/true stent lumen for luminal diameter measurement at the expense of an increased overall image noise. The Pearson correlation coefficient between the ISD and TSD measurement and spearman correlation coefficient between the ISD measurement and stent type were 0.83 and 0.48, respectively. Compared with standard reconstruction algorithms, high-definition CT imaging technique with dedicated high-resolution reconstruction algorithm provides more accurate stent characterization and intrastent luminal diameter measurement. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

The clinician impact and financial cost to the NHS of litigation over pregabalin: a cohort study in English primary care.

Science.gov (United States)

Croker, Richard; Smyth, Darren; Walker, Alex J; Goldacre, Ben

2018-06-07

Following litigation over pregabalin's second-use medical patent for neuropathic pain, National Health Service (NHS) England was required by the court to instruct general practitioners (GPs) to prescribe the branded form (Lyrica) for pain. Pfizer's patent was found invalid in 2015, a ruling subject to ongoing appeals. If the Supreme Court appeal in February 2018, whose judgement is awaited, is unsuccessful, the NHS can seek to reclaim excess prescribing costs. We set out to describe the variation in prescribing of pregabalin as branded Lyrica, geographically and over time; to determine how clinicians responded to the NHS England instruction to GPs; and to model excess costs to the NHS attributable to the legal judgements. English primary care. English general practices. Variation in prescribing of branded Lyrica across the country before and after the NHS England instruction, by practice and by Clinical Commissioning Group; excess prescribing costs. The proportion of pregabalin prescribed as Lyrica increased from 0.3% over 6 months before the NHS England instruction (September 2014 to February 2015) to 25.7% afterwards (April to September 2015). Although 70% of pregabalin is estimated to be for pain, including neuropathic pain, only 11.6% of practices prescribed Lyrica at this level; the median proportion prescribed as Lyrica was 8.8% (IQR 1.1%-41.9%). If pregabalin had come entirely off patent in September 2015, and Pfizer had not appealed, we estimate the NHS would have spent £502 million less on pregabalin to July 2017. NHS England instructions to GPs regarding branded prescription of pregabalin were widely ignored and have created much debate around clinical independence in prescribing. Protecting revenue from 'skinny labels' will pose a challenge. If Pfizer's final appeal on the patent is unsuccessful, the NHS can seek reimbursement of excess pregabalin prescribing costs, potentially £502 million. © Article author(s) (or their employer(s) unless

25 CFR 87.1 - Definitions.

Science.gov (United States)

2010-04-01

...) Use or distribution means any utilization or disposition of the judgment funds, including programming... courts. (r) Attorney fees and litigation expenses means all fees and expenses incurred in litigating and...

ERISA estoppel: say what you mean and mean what you say.

Science.gov (United States)

Walsh, J T

1994-12-01

Estoppel is rapidly becoming part of ERISA litigation. However, as employers, TPAs and other entities associated with ERISA plans learn to take precautions against erroneous representations, estoppel litigation may subside.

Determinants of performance in rare strategic events

DEFF Research Database (Denmark)

Andersen, Kristina Vaarst; Beukel, Karin

The paper develops and tests a theoretical framework explaining how emotions and learning affect outcomes of rare strategic events, namely Intellectual Property litigations. We investigate how organizations? negative emotions influence performance outcome in IP litigations negatively. Though...... cumulative learning in rare strategic events is scarce, and cannot be understood through the standard framework of routines and capability development, we argue that firms may learn from rare events, and propose that learning moderates the negative effect of emotions. We test this utilizing data on all...... publically available IP litigation cases in China from 2001 to 2009 (n=13,030). We find that when organizations undergo emotional negative stress they lose IP litigations more often, but development of roadmaps though past successes moderate the negative effects from emotional distress....

Organizational Learning in Rare Events

DEFF Research Database (Denmark)

Andersen, Kristina Vaarst; Tyler, Beverly; Beukel, Karin

When organizations encounter rare events they often find it challenging to extract learning from the experience. We analyze opportunities for organizational learning in one such rare event, namely Intellectual Property (IP) litigation, i.e., when organizations take disputes regarding their intell......When organizations encounter rare events they often find it challenging to extract learning from the experience. We analyze opportunities for organizational learning in one such rare event, namely Intellectual Property (IP) litigation, i.e., when organizations take disputes regarding...... the organization little discretion to utilize any learning from past litigation success. Thus, learning appears be to most beneficial in infringement cases. Based on statistical analysis of 10,211 litigation court cases in China, we find support for our hypotheses. Our findings suggest that organizations can learn...

Pilot Implementations

DEFF Research Database (Denmark)

Manikas, Maria Ie

by conducting a literature review. The concept of pilot implementation, although commonly used in practice, is rather disregarded in research. In the literature, pilot implementations are mainly treated as secondary to the learning outcomes and are presented as merely a means to acquire knowledge about a given...... objective. The prevalent understanding is that pilot implementations are an ISD technique that extends prototyping from the lab and into test during real use. Another perception is that pilot implementations are a project multiple of co-existing enactments of the pilot implementation. From this perspective......This PhD dissertation engages in the study of pilot (system) implementation. In the field of information systems, pilot implementations are commissioned as a way to learn from real use of a pilot system with real data, by real users during an information systems development (ISD) project and before...

Agricultural productivity, household poverty and migration in the Indian Sundarban Delta

Directory of Open Access Journals (Sweden)

Rituparna Hajra

2018-01-01

Full Text Available Deltas are highly sensitive to erosion, flooding, and salinization with consequential agricultural productivity losses and out-migration, which is a preferred adaptive measure for the inhabitants of deltaic islands. This study investigates the associations between agricultural productivity decrease, household poverty and the probability of out-migration in the Indian Sundarban Delta (ISD. Using newly collected survey data from randomly selected households within the ISD, we analysed these relationships by means of descriptive statistics and regression modeling. Results suggest the significant positive association between a decrease in agricultural productivity and out-migration. The results further show that ceteris paribus, out-migration is negatively associated with household poverty, which is likely to be explained by the effect of remittances. The results yield important policy implications at the local level and can contribute to the progress towards sustainable livelihoods in these deltaic islands.

Nonlinear System Identification and Its Applications in Fault Detection and Diagnosis

DEFF Research Database (Denmark)

Sun, Zhen

equation, the ISDE model generally consists of not only a structured deterministic part called drift term, but also a structured random part called diffusion term. The model can describe the system in which the random features are correlated with system states (inputs, outputs) and this relationship can......Interest in nonlinear system identification has grown significantly in recent years. It is much more difficult to develop general results than the concern for linear models since the nonlinear model structures are often much more complicated. As a consequence, the thesis only considers two...... different kinds of models, one is a type of state space model which is described by Itô Stochastic Differential Equations (ISDE), the other one is a nonlinear First Order Plus Dead Time (FOPDT) model. This thesis aims to investigate these two different kinds of nonlinear models and to propose...

Land Disputes Unearth Shaky Legal Foundation: Will Liberias Land Reform Provide Stability

Science.gov (United States)

2014-04-01

United States by the Indian Reorganization Act of 1934 in communities that never contemplated formal tribal organization before, and as such, remains...example is the case of a Malaysian company, Sime Darby, and the Vai people of Grand Cape Mount. The people of Grand Cape Mount first suffered when BF...community land continues to occur in contemporary Liberia, and has resulted in years of litigation. One example involves community land owned by Chief Bah

Breaking Bad News: Can We Get It Right?

Directory of Open Access Journals (Sweden)

Kurer MA

2008-01-01

Full Text Available The health service involves a spectrum of personnel working together towards achieving a common goal, namely the delivery of high quality health care. This involves a large volume of communication between members of staff and patients and their relatives. Doctors are trained to deal with various clinical situations but receive little or no training in communication skills and therefore their communication skills are predominantly instinctive. Patients and their relatives are understandably anxious and vulnerable and it is not surprising that things can go wrong if effective communication is not practiced. Although most doctors communicate effectively, there is increasing evidence that a large number of patients remain unhappy with the amount of information given and the manner of its delivery [1]. Maguire and colleagues found that when doctors use communication skills effectively, both they and their patients benefit [2]. Furthermore, ineffective communication is an important source of complaints and litigations. In a recent Japanese study 81% of litigation involved insufficient or incorrect explanations by the physician [3]. Moreover, in 26% of cases poorly delivered information was found to be the reason that prompted individuals to file a malpractice claim [4]. This article looks into a specific area of communication between doctors, on the one hand, and patients and their relatives on the other; namely “breaking bad news”. It highlights the importance of equipping doctors to effectively communicate with patients and their relatives.

Taxonomic Dimensions for Studying Situational Method Development

NARCIS (Netherlands)

Aydin, Mehmet N.; Harmsen, Frank; van Hillegersberg, Jos; Ralyté, Jolita; Brinkkemper, Sjaak; Henderson-Sellers, Brian

2007-01-01

This paper is concerned with fragmented literature on situational method development, which is one of fundamental topics related to information systems development (ISD) methods. As the topic has attracted many scholars from various and possibly complementary schools of thought, different

In Situ Decommissioning Sensor Network, Meso-Scale Test Bed - Phase 3 Fluid Injection Test Summary Report

International Nuclear Information System (INIS)

Serrato, M. G.

2013-01-01

The DOE Office of Environmental management (DOE EM) faces the challenge of decommissioning thousands of excess nuclear facilities, many of which are highly contaminated. A number of these excess facilities are massive and robust concrete structures that are suitable for isolating the contained contamination for hundreds of years, and a permanent decommissioning end state option for these facilities is in situ decommissioning (ISD). The ISD option is feasible for a limited, but meaningfull number of DOE contaminated facilities for which there is substantial incremental environmental, safety, and cost benefits versus alternate actions to demolish and excavate the entire facility and transport the rubble to a radioactive waste landfill. A general description of an ISD project encompasses an entombed facility; in some cases limited to the blow-grade portion of a facility. However, monitoring of the ISD structures is needed to demonstrate that the building retains its structural integrity and the contaminants remain entombed within the grout stabilization matrix. The DOE EM Office of Deactivation and Decommissioning and Facility Engineering (EM-13) Program Goal is to develop a monitoring system to demonstrate long-term performance of closed nuclear facilities using the ISD approach. The Savannah River National Laboratory (SRNL) has designed and implemented the In Situ Decommissioning Sensor Network, Meso-Scale Test Bed (ISDSN-MSTB) to address the feasibility of deploying a long-term monitoring system into an ISD closed nuclear facility. The ISDSN-MSTB goal is to demonstrate the feasibility of installing and operating a remote sensor network to assess cementitious material durability, moisture-fluid flow through the cementitious material, and resulting transport potential for contaminate mobility in a decommissioned closed nuclear facility. The original ISDSN-MSTB installation and remote sensor network operation was demonstrated in FY 2011-12 at the ISDSN-MSTB test cube

In Situ Decommissioning Sensor Network, Meso-Scale Test Bed - Phase 3 Fluid Injection Test Summary Report

Energy Technology Data Exchange (ETDEWEB)

Serrato, M. G.

2013-09-27

The DOE Office of Environmental management (DOE EM) faces the challenge of decommissioning thousands of excess nuclear facilities, many of which are highly contaminated. A number of these excess facilities are massive and robust concrete structures that are suitable for isolating the contained contamination for hundreds of years, and a permanent decommissioning end state option for these facilities is in situ decommissioning (ISD). The ISD option is feasible for a limited, but meaningfull number of DOE contaminated facilities for which there is substantial incremental environmental, safety, and cost benefits versus alternate actions to demolish and excavate the entire facility and transport the rubble to a radioactive waste landfill. A general description of an ISD project encompasses an entombed facility; in some cases limited to the blow-grade portion of a facility. However, monitoring of the ISD structures is needed to demonstrate that the building retains its structural integrity and the contaminants remain entombed within the grout stabilization matrix. The DOE EM Office of Deactivation and Decommissioning and Facility Engineering (EM-13) Program Goal is to develop a monitoring system to demonstrate long-term performance of closed nuclear facilities using the ISD approach. The Savannah River National Laboratory (SRNL) has designed and implemented the In Situ Decommissioning Sensor Network, Meso-Scale Test Bed (ISDSN-MSTB) to address the feasibility of deploying a long-term monitoring system into an ISD closed nuclear facility. The ISDSN-MSTB goal is to demonstrate the feasibility of installing and operating a remote sensor network to assess cementitious material durability, moisture-fluid flow through the cementitious material, and resulting transport potential for contaminate mobility in a decommissioned closed nuclear facility. The original ISDSN-MSTB installation and remote sensor network operation was demonstrated in FY 2011-12 at the ISDSN-MSTB test cube

Assuring adequate deterrence in tort: A public good experiment

OpenAIRE

Eisenberg, Theodore; Engel, Christoph

2012-01-01

To explore damage rules’ deterrent effect, we use a public good experiment to tailor allowable punishment to rules used in actual civil litigation. The experimental treatments are analogous to: (1) damages limited to harm to an individual litigant, (2) damages limited to harm to a group available in aggregate litigation, such as class actions, and (3) damages allowed beyond actual harm to victims, such as punitive damages. The treatment with damages limited to harm to an individual does not p...

Alternative dispute resolution of medical-legal issues.

Science.gov (United States)

Barton, H M

1991-02-01

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

Defensive Federal Litigation

Science.gov (United States)

1998-08-20

requires that all affirmative defenses be pleaded in the answer. The rule lists 19 specific affirmative defenses, such as estoppel , laches, res judicata...Brown, 22 F.3d 516 (2d Cir. 1994); Poole v. Rourke, 779 F. Supp. 1546 (E.D. Cal. 1991). 3-40 potential collateral estoppel .4. effect of the district...the back pay claim, which was over $10,000, to the Court of Claims. The court of appeals found that ൸Collateral estoppel prohibits relitigation of

The Political Economy of Healthcare Litigation : Model and Empirical Application to Uruguay

OpenAIRE

Corduneanu-Huci, Cristina; Hamilton, Alexander; Masses-Ferrer, Issel

2011-01-01

The political economy of health care is complex, as stakeholders have conflicting preferences over efficiency and equity. This paper formally models the preferences of consumer and producer groups involved in priority setting and judicialization in public health care. It uses a unique dataset of stakeholder perceptions, from Uruguay, to test whether these hypotheses are consistent with emp...

Use Of Cementitious Materials For SRS Reactor Facility In-Situ Decommissioning - 11620

International Nuclear Information System (INIS)

Langton, C.; Stefanko, D.; Serrato, M.; Blankenship, J.; Griffin, W.; Waymer, J.; Matheny, D.; Singh, D.

2010-01-01

The United States Department of Energy (US DOE) concept for facility in-situ decommissioning (ISD) is to physically stabilize and isolate in tact, structurally sound facilities that are no longer needed for their original purpose of, i.e., producing (reactor facilities), processing (isotope separation facilities) or storing radioactive materials. The Savannah River Site 105-P and 105-R Reactor Facility ISD requires about 250,000 cubic yards of grout to fill the below grade structure. The fills are designed to prevent subsidence, reduce water infiltration, and isolate contaminated materials. This work is being performed as a Comprehensive Environmental Response, Compensations and Liability Act (CERCLA) action and is part of the overall soil and groundwater completion projects for P- and R-Areas. Cementitious materials were designed for the following applications: (1) Below grade massive voids/rooms: Portland cement-based structural flowable fills for - Bulk filling, Restricted placement and Underwater placement. (2) Special below grade applications for reduced load bearing capacity needs: Cellular portland cement lightweight fill (3) Reactor vessel fills that are compatible with reactive metal (aluminum metal) components in the reactor vessels: Calcium sulfoaluminate flowable fill, and Magnesium potassium phosphate flowable fill. (4) Caps to prevent water infiltration and intrusion into areas with the highest levels of radionuclides: Portland cement based shrinkage compensating concrete. A system engineering approach was used to identify functions and requirements of the fill and capping materials. Laboratory testing was performed to identify candidate formulations and develop final design mixes. Scale-up testing was performed to verify material production and placement as well as fresh and cured properties. The 105-P and 105-R ISD projects are currently in progress and are expected to be complete in 2012. The focus of this paper is to describe the (1) grout mixes

USE OF CEMENTITIOUS MATERIALS FOR SRS REACTOR FACILITY IN-SITU DECOMMISSIONING - 11620

Energy Technology Data Exchange (ETDEWEB)

Langton, C.; Stefanko, D.; Serrato, M.; Blankenship, J.; Griffin, W.; Waymer, J.; Matheny, D.; Singh, D.

2010-12-07

The United States Department of Energy (US DOE) concept for facility in-situ decommissioning (ISD) is to physically stabilize and isolate in tact, structurally sound facilities that are no longer needed for their original purpose of, i.e., producing (reactor facilities), processing (isotope separation facilities) or storing radioactive materials. The Savannah River Site 105-P and 105-R Reactor Facility ISD requires about 250,000 cubic yards of grout to fill the below grade structure. The fills are designed to prevent subsidence, reduce water infiltration, and isolate contaminated materials. This work is being performed as a Comprehensive Environmental Response, Compensations and Liability Act (CERCLA) action and is part of the overall soil and groundwater completion projects for P- and R-Areas. Cementitious materials were designed for the following applications: (1) Below grade massive voids/rooms: Portland cement-based structural flowable fills for - Bulk filling, Restricted placement and Underwater placement. (2) Special below grade applications for reduced load bearing capacity needs: Cellular portland cement lightweight fill (3) Reactor vessel fills that are compatible with reactive metal (aluminum metal) components in the reactor vessels: Calcium sulfoaluminate flowable fill, and Magnesium potassium phosphate flowable fill. (4) Caps to prevent water infiltration and intrusion into areas with the highest levels of radionuclides: Portland cement based shrinkage compensating concrete. A system engineering approach was used to identify functions and requirements of the fill and capping materials. Laboratory testing was performed to identify candidate formulations and develop final design mixes. Scale-up testing was performed to verify material production and placement as well as fresh and cured properties. The 105-P and 105-R ISD projects are currently in progress and are expected to be complete in 2012. The focus of this paper is to describe the (1) grout mixes

Path to 'Stardom' in Globally Distributed Hybrid Teams

DEFF Research Database (Denmark)

Sarker, Suprateek; Hove-Kirkeby, Sarah; Sarker, Saonee

2011-01-01

recognition that specific individuals within such teams are often critical to the team's performance. Consequently, existing knowledge about such teams may be enhanced by examining the factors that affect the performance of individual team members. This study attempts to address this need by identifying...... individuals who emerge as “stars” in globally distributed teams involved in knowledge work such as information systems development (ISD). Specifically, the study takes a knowledge-centered view in explaining which factors lead to “stardom” in such teams. Further, it adopts a social network approach consistent......Although distributed teams have been researched extensively in information systems and decision science disciplines, a review of the literature suggests that the dominant focus has been on understanding the factors affecting performance at the team level. There has however been an increasing...

Effectiveness of a prolonged incarceration and rehabilitation measure for high-frequency offenders

NARCIS (Netherlands)

Tollenaar, N.; van der Laan, A. M.; van der Heijden, P. G M

2014-01-01

Objectives: To estimate the incapacitation effect and the impact on post-release recidivism of a measure combining prolonged incarceration and rehabilitation, the ISD measure for high frequency offenders (HFOs) was compared to the standard practice of short-term imprisonment. Methods: We applied a

Administrateur du système (h/f) | CRDI - Centre de recherches pour ...

International Development Research Centre (IDRC) Digital Library (Canada)

Sous la supervision du gestionnaire, Infrastructure, sécurité et documents (ISD), ... et de la maintenance courants des divers systèmes d'infrastructure du Centre, ... techniques dans les régions et des techniciens sous contrat) pour fournir des ...

Spécialiste de la sécurité en matière de TI (h/f) | CRDI - Centre de ...

International Development Research Centre (IDRC) Digital Library (Canada)

Sous la supervision du gestionnaire, Infrastructure, sécurité et documents (ISD), ... techniques dans les régions et des techniciens sous contrat) pour fournir des ... et à la maintenance des éléments d'infrastructure, en surveillant les travaux ...

"Children at risk": development, implementation, and effectiveness of a school-based violence intervention and prevention program.

Science.gov (United States)

Walker, Sharon L; Smith, Donald J

2009-01-01

Violence impacts the lives of children on a daily basis. In their communities, they witness drive-by shootings, drug deals, and violence in their schools while many endure abuse, neglect, and violent behavior in their homes. Because the traumatizing impact of such exposure disrupts a child's ability to concentrate and learn, the Dallas Independent School District (ISD) sought content expertise to develop a training vehicle for school district professionals. The program aimed to raise the awareness of educators to problems related to domestic violence and the myriad of circumstances at home and in the community that lead to exposure to violence. Approximately 15,000 faculty and staff of Dallas ISD were educated in the identification, intervention, and prevention of exposure to violence. Referrals and inquiries related to abuse have increased (approximately 70%) while the city of Dallas has witnessed a drop in the number of domestic violence and child abuse offenses.

The Scope of the Arbitral Award Binding Effect (Interests of «Third Parties» in International Arbitration

Directory of Open Access Journals (Sweden)

Nataliya Bocharova

2017-01-01

Full Text Available Modern business international transactions are multiparty and complicated. Such contracts are usually composed of several contracts which can contain bilateral dispute resolution arrangements. According to the principle of parties autonomy dispute arising between two persons bound by an arbitration agreement in connection with a multiparty project will be resolved by arbitration exclusively between these two parties. Other parties cannot participate in the resolution of the dispute through arbitration, even if they have played an active role in the actual project. Notwithstanding any legitimate interest, they might have the outcome of the dispute; these parties will remain alien both to the arbitration proceedings and an arbitral award. Their interests are not taken into consideration and left unprotected. Arbitration proceedings, unlike litigation, usually do not bear any intervention or joinder of parties, which is explained by the contractual nature of arbitration.Thus, the binding power of an arbitral award extends only over parties of an arbitration agreement. Meanwhile, an arbitral award can affect interests of third parties. How can these parties defend their interests in arbitration proceedings and during recognition and enforcement proceedings in national courts? There are two ways of resolving such problem in state court litigation. The first one is the compulsory participation of any third party with any legitimate interest in litigation through intervention, joinder of parties, and consolidation of cases. A court ex officio has to gather all parties that can have any legitimate interest in resolving the dispute. If judgment affects any interest of a party that was not involved in the proceedings judgment should be reversed in appellate court. The second way is also the solution against parallel proceedings. This way is to harmonize the outcome of parallel proceedings by the principle of lis pendens and res judicata.The paper examines

The petroleum explorationist's guide to contracts used in oil and gas operations, new revised 2nd edition

International Nuclear Information System (INIS)

Mosburg, L.G. Jr.

1991-01-01

This book includes many materials on contracts involving natural gas (including take-or-pay litigation, regulation gas balancing, purchase and sale); drilling contracts, division orders and acquisition contracts; a new taxation section and the 1988 ASPL Model Form Operating Agreement. Also includes: Side-byside comparison of the 1982-1989 model forms; COPAS accounting procedure, support and farmount agreements, Area of Mutual Interest provisions, seismic options, structuring considerations, AAPL model from operating agreement, and much more exclamation point

Reframing Resolution - Managing Conflict and Resolving Individual Employment Disputes in the Contemporary Workplace

OpenAIRE

Saundry, Richard Arthur; Latreille, Paul; Dickens, Linda; Irvine, Charlie; Teague, Paul; Urwin, Peter; Wibberley, Gemma

2014-01-01

The resolution of individual workplace conflict has assumed an increasingly important place in policy debates over contemporary work and employment. This is in part due to the decline in collective industrial action and the parallel rise in the volume of employment tribunal applications. It reflects a growing concern over the\\ud implications of individual employment disputes for those involved but has perhaps been driven by concerns over the cost of litigation and the perceived burden that th...

Using photogrammetry and color scoring to assess sexual dimorphism in wild western gorillas (Gorilla gorilla).

Science.gov (United States)

Breuer, Thomas; Robbins, Martha M; Boesch, Christophe

2007-11-01

Investigating sexual dimorphism is important for our understanding of its influence on reproductive strategies including male-male competition, mate choice, and sexual conflict. Measuring physical traits in wild animals can be logistically challenging and disruptive for the animals. Therefore body size and ornament variation in wild primates have rarely been quantified. Gorillas are amongst the most sexually dimorphic and dichromatic primates. Adult males (silverbacks) possess a prominent sagittal crest, a pad of fibrous and fatty tissue on top of the head, have red crest coloration, their saddle appears silver, and they possess a silverline along their stomach. Here we measure levels of sexual dimorphism and within-male variation of body length, head size, and sexual dichromatism in a population of wild western gorillas using photogrammetry. Digital photogrammetry is a useful and precise method to measure sexual dimorphism in physical traits yielding sexual dimorphism indices (ISD), similar to those derived from traditional measurements of skeletal remains. Silverbacks were on an average 1.23 times longer in body length than adult females. Sexual dimorphism of head size was highest in measures of crest size (max ISD: 60.4) compared with measures of facial height (max ISD: 24.7). The most sexually dimorphic head size measures also showed the highest within-sex variation. We found no clear sex differences in crest coloration but there was large sexual dichromatism with high within-male variation in saddle coloration and silverline size. Further studies should examine if these sexually dimorphic traits are honest signals of competitive ability and confer an advantage in reproductive success.

Undergraduate courses for enhancing design ability in naval architecture

Directory of Open Access Journals (Sweden)

Kyu-Yeul Lee

2013-09-01

Full Text Available Contemporary lectures in undergraduate engineering courses typically focus on teaching major technical knowledge-based theories in a limited time. Therefore, most lectures do not allow the students to gain understanding of how the theories are applied, especially in Naval Architecture and Ocean Engineering departments. Shipyards require students to acquire practical ship design skills in undergraduate courses. To meet this requirement, two lectures are organized by the authors; namely, “Planning Procedure of Naval Architecture & Ocean Engineering” (PNAOE and “Innovative Ship Design” (ISD. The concept of project-based and collaborative learning is applied in these two lectures. In the PNAOE lecture, sophomores receive instruction in the designing and building of model ships, and the students' work is evaluated in a model ship contest. This curriculum enables students to understand the concepts of ship design and production. In the ISD lecture, seniors learn how to develop their creative ideas about ship design and communicate with members of group. They are encouraged to cooperate with others and understand the ship design process. In the capstone design course, students receive guidance to facilitate understanding of how the knowledge from their sophomore or junior classes, such as fluid mechanics, statics, and dynamics, can be applied to practical ship design. Students are also encouraged to compete in the ship design contest organized by the Society of Naval Architects of Korea. Moreover, the effectiveness of project-based and collaborative learning for enhancing interest in the shipbuilding Industry and understanding the ship design process is demonstrated by citing the PNAOE and ISD lectures as examples.

Specific Cα-C Bond Cleavage of β-Carbon-Centered Radical Peptides Produced by Matrix-Assisted Laser Desorption/Ionization Mass Spectrometry

Science.gov (United States)

Nagoshi, Keishiro; Yamakoshi, Mariko; Sakamoto, Kenya; Takayama, Mitsuo

2018-04-01

Radical-driven dissociation (RDD) of hydrogen-deficient peptide ions [M - H + H]·+ has been examined using matrix-assisted laser dissociation/ionization in-source decay mass spectrometry (MALDI-ISD MS) with the hydrogen-abstracting matrices 4-nitro-1-naphthol (4,1-NNL) and 5-nitrosalicylic acid (5-NSA). The preferential fragment ions observed in the ISD spectra include N-terminal [a] + ions and C-terminal [x]+, [y + 2]+, and [w]+ ions which imply that β-carbon (Cβ)-centered radical peptide ions [M - Hβ + H]·+ are predominantly produced in MALDI conditions. RDD reactions from the peptide ions [M - Hβ + H]·+ successfully explains the fact that both [a]+ and [x]+ ions arising from cleavage at the Cα-C bond of the backbone of Gly-Xxx residues are missing from the ISD spectra. Furthermore, the formation of [a]+ ions originating from the cleavage of Cα-C bond of deuterated Ala(d3)-Xxx residues indicates that the [a]+ ions are produced from the peptide ions [M - Hβ + H]·+ generated by deuteron-abstraction from Ala(d3) residues. It is suggested that from the standpoint of hydrogen abstraction via direct interactions between the nitro group of matrix and hydrogen of peptides, the generation of the peptide radical ions [M - Hβ + H]·+ is more favorable than that of the α-carbon (Cα)-centered radical ions [M - Hα + H]·+ and the amide nitrogen-centered radical ions [M - HN + H]·+, while ab initio calculations indicate that the formation of [M - Hα + H]·+ is energetically most favorable. [Figure not available: see fulltext.

Alternative dispute resolution: methods to address workplace conflict in health services organizations.

Science.gov (United States)

DeSouza, J R

1998-01-01

As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.

77 FR 12881 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-IMS Global...

Science.gov (United States)

2012-03-02

... Production Act of 1993--IMS Global Learning Consortium, Inc. Notice is hereby given that, on February 6, 2012... seq. (``the Act''), IMS Global Learning Consortium, Inc. has filed written notifications..., Plano, TX; Keller ISD, Keller, TX; Maryland State Department of Education, Baltimore, MD; Measured...

Application of Bayesian network and multi-criteria decision analysis to risk-based design of chemical plants

NARCIS (Netherlands)

Khakzad Rostami, N.; Reniers, G.L.L.M.E.

2016-01-01

Fires and explosions in chemical plants are still among the major accidents threatening human lives and causing huge asset losses. Although might not completely be eliminated, the risks of such accidents can be reduced by allocating safety measures, applying inherently safer design (ISD) methods,

Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

NARCIS (Netherlands)

Schill, S.W.

As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system

Craniofacial Surgery and Adverse Outcomes: An Inquiry Into Medical Negligence.

Science.gov (United States)

Svider, Peter F; Eloy, Jean Anderson; Folbe, Adam J; Carron, Michael A; Zuliani, Giancarlo F; Shkoukani, Mahdi A

2015-07-01

This study aimed to evaluate factors contributing to medical negligence relevant to craniofacial surgery. Retrospective analysis of verdict and settlement reports on the Westlaw legal database for outcome, awards, physician defendants, and other specific factors raised in malpractice litigation. Of 42 verdicts and settlement reports included, 52.4% were resolved with either an out-of-court settlement or plaintiff verdict, with aggregate payments totaling $50.1M (in 2013 dollars). Median settlements and jury-awarded damages were $988,000 and $555,000, respectively. Payments in pediatric cases ($1.2M) were significantly higher. Plastic surgeons, oral surgeons, and otolaryngologists were the most commonly named defendants. The most common alleged factors included intraoperative negligence (69.0%), permanent deficits (54.8%), requiring additional surgery (52.4%), missed/delayed diagnosis of a complication (42.9%), disfigurement/scarring (28.6%), postoperative negligence (28.6%), and inadequate informed consent (20.6% of surgical cases). Failure to diagnose a fracture (19.0%) and cleft-reparative procedures (14.3%) were the most frequently litigated entities. Medical negligence related to craniofacial surgery involves plaintiffs in a wide age range as well as physician defendants in numerous specialties, and proceedings resolved with settlement and plaintiff verdict involve substantial payments. Cases with death, allegedly permanent injuries, and pediatric plaintiffs had significantly higher payments. © The Author(s) 2015.

Combining small and large firm advantages in innovation : theory and examples

NARCIS (Netherlands)

Vossen, Robert W.

1998-01-01

This study examines the effect of litigation risk on auditors' willingness to yield to management pressure and to omit audit steps of the audit program in case of budget pressure. The results show that litigation risk has a significant impact on audit quality.

Journal Sep-Decl 2013

African Journals Online (AJOL)

User

procedure and taking measures in order to prevent medical litigations. Litigation in ... birth . The goal of defensive medicine is to ensure that if the patient later sues, the physician has gone ... the loss of self-esteem are also very important and ...

Causality and collateral estoppel: process and content of recent SSRI litigation.

Science.gov (United States)

Whitehead, Paul D

2003-01-01

In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--via the application of collateral estoppel--to a case involving an individual's suicide while prescribed Paxil. This article summarizes these two cases, as reflected in court documents, and comments on limitations of common causality assertions.

EMTALA and patients with psychiatric emergencies: a review of relevant case law.

Science.gov (United States)

Lindor, Rachel A; Campbell, Ronna L; Pines, Jesse M; Melin, Gabrielle J; Schipper, Agnes M; Goyal, Deepi G; Sadosty, Annie T

2014-11-01

Emergency department (ED) care for patients with psychiatric complaints has become increasingly challenging given recent nationwide declines in available inpatient psychiatric beds. This creates pressure to manage psychiatric patients in the ED or as outpatients and may place providers and institutions at risk for liability under the Emergency Medical Treatment and Labor Act (EMTALA). We describe the patient characteristics, disposition, and legal outcomes of EMTALA cases involving patients with psychiatric complaints. Jury verdicts, settlements, and other litigation involving alleged EMTALA violations related to psychiatric patients between the law's enactment in 1986 and the end of 2012 were collected from 3 legal databases (Westlaw, Lexis, and Bloomberg Law). Details about the patient characteristics, disposition, and reasons for litigation were independently abstracted by 2 trained reviewers onto a standardized data form. Thirty-three relevant cases were identified. Two cases were decided in favor of the plaintiffs, 4 cases were settled, 10 cases had an unknown outcome, and 17 were decided in favor of the defendant institutions. Most patients in these 33 cases were men, had past psychiatric diagnoses, were not evaluated by a psychiatrist, and eventually committed or attempted suicide. The most frequently successful defense used by institutions was to demonstrate that their providers used a standard screening examination and did not detect an emergency medical condition that required stabilization. Lawsuits involving alleged EMTALA violations in the care of ED patients with psychiatric complaints are uncommon and rarely successful. Copyright © 2014 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

Untitled

African Journals Online (AJOL)

hypermobility of the urethra and intrinsic sphincter deficiency (ISD).1°'“ The main indication for TVT and ... posterior colporrhaphy and Burch colposuspension. (N: 29; 27.4%). ' Burch colposuspension (N = 16; ... tape (2 and 1, respectively), and posterior colporrhaphy. (1 and 0, respectively), sacrocolpopexy for prolapse.

Examining Key Notions for Method Adaption

NARCIS (Netherlands)

Aydin, Mehmet N.; Ralyté, Jolita; Brinkkemper, Sjaak; Henderson-Sellers, Brian

2007-01-01

It is a well-known fact that IS development methods are not used as prescribed in actual development projects. That is, every ISD method in a development project is subject to its modifications because its peculiarities and emerging situations cannot be understood adequately in a prescribed manner.

Training in Japan: The Use of Instructional Systems Design.

Science.gov (United States)

Taguchi, Mina; Keller, John M.

This study investigated the kinds of training conducted in Japanese companies and the degree to which instructional systems design (ISD) is implemented. A random sample of 12 Japanese companies in the banking, automobile manufacturing, electrical machinery, wholesale stores, insurance and securities, and transportation industries were surveyed; a…

Are neurocognitive speed and inconsistency similarly affected in type 2 diabetes?

Science.gov (United States)

Whitehead, Bonnie P; Dixon, Roger A; Hultsch, David F; MacDonald, Stuart W S

2011-07-01

Type 2 diabetes (T2D) is a disease of aging with indirect but detectable and cumulative neurological implications. We systematically tested whether neurocognitive speed (mean rate) or inconsistency (intraindividual variability) was the more sensitive clinical marker of T2D. Three of four research questions used a cross-sectional wave of the Victoria Longitudinal Study (VLS) divided into T2D (age 55-81 years) and control (age = 53-91 years) groups. The fourth question addressed relative two-wave longitudinal changes. Each of four speeded tasks produced intraindividual mean rate (IM) and intraindividual standard deviation (ISD) scores. First, the T2D group performed more slowly than the controls. Second, this deficit extended to inconsistency, but less uniformly. Third, based on logistic regression analyses, IM was the more effective predictor of T2D status. Fourth, we observed similar longitudinal change patterns for IM and ISD. Results are linked to the theoretical location of T2D on an adjusted neural vulnerability continuum.

MEASURING LEVEL OF ACCEPTANCE OF PEOPLE WITH DISABILITIESAND THEIR FAMILIES

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HARAZ Svetlana

2017-11-01

Full Text Available The group of persons with disabilities represents a group at immediate risk of social exclusion. Different researchers offer us analyses of the phenomenon of exclusion of different groups of population, but we can find very few studies regarding the measurement of social distance towards the groups at risk of exclusion. We set the goal to measure the Indices of Social Distance (ISD towards the following groups: family that cares the child with disabilities; adult person with disabilities and the child with disabilities. The measurement was performed using the instrument – Bogardus Scale. According to this technique, we have: if the distance is bigger, than the social group is lesser accepted. The minimum ISD counted for our researched groups: the family caring child/ children with disabilities; adult persons with disabilities and children/adolescents with disabilities, confirms the fact that the social distance expressed by people towards these groups is minimal respectively the groups are accepted.

Order of the 10 december 2002; Arret du 10 decembre 2002

Energy Technology Data Exchange (ETDEWEB)

NONE

2002-07-01

This order presents the decision of the Paris Court of Appeal, concerning a litigation between EDF (Electricite de France) and RATP (Regie Autonome des Transports Parisiens). The subject of the litigation is the establishment of a new contract of electric power distribution. (A.L.B.)

32 CFR 516.63 - Coordination with DOJ.

Science.gov (United States)

2010-07-01

... PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.63 Coordination with DOJ... significant fraud and corruption cases to accomplish the following: (1) Monitor criminal prosecutions. (2... exchange of information between government attorneys in the course of civil litigation or the routine...

Organizing Patient Involvement

DEFF Research Database (Denmark)

Brehm Johansen, Mette

hospitals. During the last 25 years, patient involvement and quality improvement have become connected in Danish healthcare policy. However, the ideal of involving patients in quality improvement is described in very general terms and with only few specific expectations of how it is to be carried out...... in practice, as I show in the thesis. In the patient involvement literature, the difficulties of getting patient involvement in quality improvement to have in an impact on the planning and development of healthcare services is, for example, ascribed to conceptual vagueness of patient involvement, differences...... in perspectives, values and understandings between patients and healthcare professionals, or the lack of managerial attention and prioritization....

Seletividade fisiológica de inseticidas a Vespidae predadores de Ascia monuste orseis Insecticide physiological selectivity to Vespidae predators of Ascia monuste orseis

Directory of Open Access Journals (Sweden)

André Luiz Barreto Crespo

2002-03-01

Full Text Available Este trabalho objetivou estudar a seletividade dos inseticidas carbaril, deltametrina, paratiom metílico, permetrina e triclorfom em relação a Ascia monuste orseis (Godart (Lepidoptera: Pieridae e a seus predadores Brachygastra lecheguana Latreille e Protonectarina sylveirae (Saussure (Hymenoptera: Vespidae. Por meio de curvas de concentração-mortalidade e das concentrações letais para 90% da população (CL90, calcularam-se os índices de seletividade diferencial (ISD90, de toxicidade relativa, e de tolerância relativa (ITRe90. O paratiom metílico e triclorfom apresentaram seletividade em favor de B. lecheguana (ISD90 = 2,83 e 1,75 e P. sylveirae (ISD90 = 2,95 e 3,59 em relação a A. monuste orseis. Deltametrina e permetrina apresentaram seletividade em favor de P. sylveirae (ISD90 = 1,98 e 2,70 em relação a A. monuste orseis, mas não apresentaram seletividade em favor de B. lecheguana (ISD90 = 0,21 e 0,64. B. lecheguana foi menos tolerante a deltametrina, permetrina e triclorfom do que P. sylveirae (ITRe90 = 9,36, 4,23 e 2,05, e mais tolerante ao carbaril (ITRe90 = 0,14. Os predadores apresentaram tolerância semelhante ao paratiom metílico (ITRe90 = 1,04. As curvas de concentração-mortalidade do carbaril, permetrina e triclorfom em ambos os predadores, de deltametrina em B. lecheguana, e de paratiom metílico em P. sylveirae, apresentaram maiores inclinações do que as curvas em A. monuste orseis.This work aimed to study the selectivity of the insecticides carbaryl, deltamethrin, methyl parathion, permethrin and trichlorfon in relation to Ascia monuste orseis (Godart (Lepidoptera: Pieridae and to their predators Brachygastra lecheguana Latreille and Protonectarina sylveirae (Saussure (Hymenoptera: Vespidae. Based on concentration-response curves and lethal concentrations for 90% of the population (LC90, the differential selectivity index (DSI90, relative toxicity index and relative tolerance index (ReTI90 were calculated

6 CFR 5.44 - Testimony and production of documents prohibited unless approved by appropriate Department...

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Testimony and production of documents prohibited... in Litigation § 5.44 Testimony and production of documents prohibited unless approved by appropriate... or request, including in connection with any litigation, provide oral or written testimony by...

Developments in Indian Law from September 1, 1978 through August 31, 1979.

Science.gov (United States)

American Indian Journal, 1979

1979-01-01

Law firm analysis which reviews developments in Indian law, discusses holdings and implications of some important Supreme Court decisions (Boldt Case, Yakima Public Law 280 Case, Blackbird Bend Case), analyzes litigation trends which appear to be developing, and comments on the future conduct of Indian litigation. (DS)

78 FR 73512 - Privacy Act of 1974; System of Records

Science.gov (United States)

2013-12-06

... litigation support to the Department of Justice. DATES: This proposed action will be effective on January 7..., file number, ship name and hull number, military records, educational certificate and degree, medical... provide litigation support to the Department of Justice.'' Routine Uses of Records Maintained in the...

Identifying Faculty Perceptions of Awareness and Preparedness Relating to ADA Compliance at a Small, Private College in NE PA

Science.gov (United States)

Stevens, Chad M.; Schneider, Elizabeth; Bederman-Miller, Patricia

2018-01-01

This paper explores post-secondary faculty perceptions of awareness and preparedness relating to Americans with Disabilities Act (ADA). Institutions of higher education are businesses. The largest threat to sustained viability for many businesses is litigation. Business-related litigation is often the result of non-employment discrimination or…

32 CFR 93.2 - Purpose and applicability.

Science.gov (United States)

2010-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... NSA). The procedures herein are also promulgated pursuant to the NSA's independent authority, under... procedures for service of process at NSA and for the release of official information in litigation by NSA...

TINDAK PIDANA KEKERASAN TERHADAP PEREMPUAN (Studi Etiologi Kriminal di Wilayah Hukum Polres Banyumas

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Ruby Hadiarti Johny

2011-05-01

Full Text Available The violence against women is increasing in number. This article discusses the factors underlying the occurrence and other form of violence against women that occurred in the Police Banyumas region. Sociological juridical approach used in this research. Specification of research is descriptive. The data used are primary and secondary data. The dominant factors that cause criminal violence to women are dominated by economic factors about 70%, cultural factors about 15%, affair factors about 10 %, and lack of communication between family factors about 5 %. The types of criminal violence to women based on data from LSM Lentera Perempuan WCC Banyumas, Victims, and Poice Banyumas region most of the type criminal violence to women is domestic violence, as physic, psychological, sexual violence, and negligence of household. The problem solving is with the litigation process or non litigation process. The litigation process with criminal law process and the non litigation process with mediation.

Inflammatory potential of the diet and risk of gastric cancer in the European Prospective Investigation into Cancer and Nutrition (EPIC) study

DEFF Research Database (Denmark)

Agudo, Antonio; Cayssials, Valerie; Bonet, Catalina

2018-01-01

Background: Chronic inflammation plays a critical role in the pathogenesis of the 2 major types of gastric cancer. Several foods, nutrients, and nonnutrient food components seem to be involved in the regulation of chronic inflammation. Objective: We assessed the association between the inflammatory...... potential of the diet and the risk of gastric carcinoma, overall and for the 2 major subsites: cardia cancers and noncardia cancers. Design: A total of 476,160 subjects (30% men, 70% women) from the European Investigation into Cancer and Nutrition (EPIC) study were followed for 14 y, during which 913...... with the use of 28 dietary components and their corresponding inflammatory scores. The association between the ISD and gastric cancer risk was estimated by HRs and 95% CIs calculated by multivariate Cox regression models adjusted for confounders. Results: The inflammatory potential of the diet was associated...

Deciding to Adopt Requirements Traceability in Practice

NARCIS (Netherlands)

Blaauboer, F.A.; Blaauboer, Floris; Sikkel, Nicolaas; Aydin, M.N.

2007-01-01

The use of requirements traceability for information systems development (ISD) projects is not very common in practice despite its often mentioned advantages in the literature. We conducted a case study in a large IT company to identify the factors that are relevant for the decision whether or not

Three Aspects of PLATO Use at Chanute AFB: CBE Production Techniques, Computer-Aided Management, Formative Development of CBE Lessons.

Science.gov (United States)

Klecka, Joseph A.

This report describes various aspects of lesson production and use of the PLATO system at Chanute Air Force Base. The first chapter considers four major factors influencing lesson production: (1) implementation of the "lean approach," (2) the Instructional Systems Development (ISD) role in lesson production, (3) the transfer of…

Rapid Prototyping: An Alternative Instructional Design Strategy.

Science.gov (United States)

Tripp, Steven D.; Bichelmeyer, Barbara

1990-01-01

Discusses the nature of instructional design and describes rapid prototyping as a feasible model for instructional system design (ISD). The use of prototyping in software engineering is described, similarities between software design and instructional design are discussed, and an example is given which uses rapid prototyping in designing a…

Influence of Involvement in Sports on Students' Involvement in ...

African Journals Online (AJOL)

This study was carried out to establish whether students' involvement in sports activities affected their involvement in academic activities. Data were collected using a self-administered questionnaire and analysed using percentages and means. Spearman's correlation coefficient was used to test the hypotheses that guided ...

High-definition computed tomography for coronary artery stents imaging: Initial evaluation of the optimal reconstruction algorithm

Energy Technology Data Exchange (ETDEWEB)

Cui, Xiaoming, E-mail: mmayzy2008@126.com; Li, Tao, E-mail: litaofeivip@163.com; Li, Xin, E-mail: lx0803@sina.com.cn; Zhou, Weihua, E-mail: wangxue0606@gmail.com

2015-05-15

Highlights: • High-resolution scan mode is appropriate for imaging coronary stent. • HD-detail reconstruction algorithm is stent-dedicated kernel. • The intrastent lumen visibility also depends on stent diameter and material. - Abstract: Objective: The aim of this study was to evaluate the in vivo performance of four image reconstruction algorithms in a high-definition CT (HDCT) scanner with improved spatial resolution for the evaluation of coronary artery stents and intrastent lumina. Materials and methods: Thirty-nine consecutive patients with a total of 71 implanted coronary stents underwent coronary CT angiography (CCTA) on a HDCT (Discovery CT 750 HD; GE Healthcare) with the high-resolution scanning mode. Four different reconstruction algorithms (HD-stand, HD-detail; HD-stand-plus; HD-detail-plus) were applied to reconstruct the stented coronary arteries. Image quality for stent characterization was assessed. Image noise and intrastent luminal diameter were measured. The relationship between the measurement of inner stent diameter (ISD) and the true stent diameter (TSD) and stent type were analysed. Results: The stent-dedicated kernel (HD-detail) offered the highest percentage (53.5%) of good image quality for stent characterization and the highest ratio (68.0 ± 8.4%) of visible stent lumen/true stent lumen for luminal diameter measurement at the expense of an increased overall image noise. The Pearson correlation coefficient between the ISD and TSD measurement and spearman correlation coefficient between the ISD measurement and stent type were 0.83 and 0.48, respectively. Conclusions: Compared with standard reconstruction algorithms, high-definition CT imaging technique with dedicated high-resolution reconstruction algorithm provides more accurate stent characterization and intrastent luminal diameter measurement.

26 CFR 7.48-1 - Election to have investment credit for movie and television films determined in accordance with...

Science.gov (United States)

2010-04-01

... movie and television films determined in accordance with previous litigation. (a) Generally. Under... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Election to have investment credit for movie and television films determined in accordance with previous litigation. 7.48-1 Section 7.48-1 Internal...

Schools versus Students' Rights: Can Alternative Dispute Resolution Build a Community.

Science.gov (United States)

Goldberg, Steven S.

1995-01-01

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

Implementation of a publication strategy in the context of reporting biases. A case study based on new documents from Neurontin litigation.

Science.gov (United States)

Vedula, S Swaroop; Goldman, Palko S; Rona, Ilyas J; Greene, Thomas M; Dickersin, Kay

2012-08-13

Previous studies have documented strategies to promote off-label use of drugs using journal publications and other means. Few studies have presented internal company communications that discussed financial reasons for manipulating the scholarly record related to off-label indications. The objective of this study was to build on previous studies to illustrate implementation of a publication strategy by the drug manufacturer for four off-label uses of gabapentin (Neurontin, Pfizer, Inc.): migraine prophylaxis, treatment of bipolar disorders, neuropathic pain, and nociceptive pain. We included in this study internal company documents, email correspondence, memoranda, study protocols and reports that were made publicly available in 2008 as part of litigation brought by consumers and health insurers against Pfizer for fraudulent sales practices in its marketing of gabapentin (see http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/ucl%20opinion.pdf for the Court's findings).We reviewed documents pertaining to 20 clinical trials, 12 of which were published. We categorized our observations related to reporting biases and linked them with topics covered in internal documents, that is, deciding what should and should not be published and how to spin the study findings (re-framing study results to explain away unfavorable findings or to emphasize favorable findings); and where and when findings should be published and by whom. We present extracts from internal company marketing assessments recommending that Pfizer and Parke-Davis (Pfizer acquired Parke-Davis in 2000) adopt a publication strategy to conduct trials and disseminate trial findings for unapproved uses rather than an indication strategy to obtain regulatory approval. We show internal company email correspondence and documents revealing how publication content was influenced and spin was applied; how the company selected where trial findings would be presented or published; how publication of

LAW ENFORCEMENT ON TAXATION THROUGH NON LITIGATION MECHANISM (AN ALTERNATIVE

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Zainal Muttaqin

2015-10-01

Full Text Available The Attorney General can discontinue the investigation to the default tax obligor together with the imposition of four times of outstanding fines. That are raises the issues concerning the nature of the crimes of the tax obligor. This happens because with the payment of the tax debt, the loss suffered by the state as the element of crime, the crimes seemed to be inexistence. This research was an empirical-juridical one. The aim of the research was to find a model of legal enforcement in tax matters without the court involvement. Jaksa Agung dapat menghentikan penyidikan terhadap wajib pajak apabila wajib pajak tersebut membayar pajak yang terutang beserta denda 4 (empat kali jumlah pajak yang tidak/kurang dibayar. Hal tersebut menimbulkan persoalan mengenai akibat hukumnya terhadap sifat perbuatan pidana yang dilakukan wajib pajak mengingat dengan pelunasan pajak tersebut, kerugian negara sebagai unsur tindak pidana tidak terjadi. Penelitian ini merupakan penelitian yuridis empiris dengan tujuan menemukan model penegakan hukum di bidang pajak tanpa melalui proses pengadilan.

PENYELESAIAN SENGKETA PERJANJIAN SYARIAH PADA LEMBAGA KEUANGAN SYARIAH

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Maskufa Maskufa

2015-10-01

Full Text Available Dispute settlement in Islamic tradition has been carried out since the era of Prophet Muhammad Saw. This is done through the  courts (litigation and through shulh, fatwâ, mazhâlim, and hisbah, known as nonlitigation. The form of mu‘âmalah dispute settlement especially applicable nowadays is almost the same as those  prevailing at the time of the Prophet. Litigation through the judicial institutions and non litigation settlement called as alternative  dispute resolution (ADR is known by the term shulh in fiqh, while the path through arbitration is known in fiqh as tahkîmDOI: 10.15408/aiq.v5i1.2559

Developing Distance Education Content Using the TAPPA Process

Science.gov (United States)

Moore, Robert L.

2016-01-01

The proliferation of distance education has occurred alongside the emerging technologies of the Web 2.0 and Web 3.0 environments, changing the way instructors approach, design, and deliver their instructional materials. In the past, instructional design (ID) practitioners relied on instruction system design (ISD) models that focused primarily on…

Social Ecology and Worksite Training and Development: Introducing the Social in Instructional System Design

Science.gov (United States)

Weinstein, Marc G.; Shuck, Brad

2011-01-01

Human resource development (HRD) is recognized as an interdisciplinary field covering the breadth of behavioral and social sciences. However, since its inception, instructional systems design (ISD), a methodology widely used in the HRD field, has been based on a narrow range of behavioral science. Grounded in general system's theory, the ISD…

Environmental problems associated with blasting in mines: public apprehensions of damage due to blast vibrations - case studies

Energy Technology Data Exchange (ETDEWEB)

Padhi, S.N. [DGMS, Bhubaneswar (India)

1994-12-31

Blast vibrations may be felt in intensities as small as 1/100 of that required to cause any damage to structures. Therefore, the public response and thus complaints regarding damages are often imaginary. The paper deals with three case studies, involving alleged damage from blasting in surface and underground coal mines where public litigations and agitations resulted due to such apprehensions. The paper is written in simple technical language as the situations warranted that the blast vibration studies should be understood by the general public. 7 tabs.

Don't Try This at Home: Using a Multilayered Approach to Teach the Law of Sexual Harassment and Sexual Harassment Investigations

Science.gov (United States)

Halgas, Jordan T. L.

2006-01-01

In a litigious society, it is of particular importance that students understand the law of sexual harassment and sexual harassment investigations. Sexual harassment litigation can create a heavy financial burden on employers. Sexual harassment investigations and litigation also cause a social impact on employers. In order to provide students with…

Interpreting the Right to an Education as a Norm Referenced Adequacy Standard

Science.gov (United States)

Pijanowski, John

2016-01-01

Our current conceptions of educational adequacy emerged out of an era dominated by equity-based school resource litigation. During that time of transitioning between successful litigation strategies, legal opinions provided clues as to how future courts might view a norm-referenced approach to establishing an adequacy standard--an approach that…

32 CFR 93.5 - Procedures.

Science.gov (United States)

2010-07-01

... SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS WITNESSES § 93.5 Procedures. (a) Release of official information in litigation. NSA personnel shall not..., but a record of such approval will be made and retained in the OGC. NSA personnel shall not provide...

32 CFR 93.7 - Responsibilities.

Science.gov (United States)

2010-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

The Involved Ostrich

DEFF Research Database (Denmark)

Davies, Andrea; Dobscha, Susan; Geiger, Susi

2008-01-01

that the transition into parenthood can be difficult for men due to their lack of a physical connection to the pregnancy, a perception that the baby industry is not designed for them, the continuance of male stereotypes in the media, and also the time available to men to become involved in consumption activities......-natal data. Data revealed that men, according to their partner’s perceptions, used consumption as a virtual umbilical cord, although levels of consumption involvement varied from co-involvement for most purchases, to limited involvement, and/or involvement for ‘large’ items, particularly travel systems...... and technical items. This research also revealed that men partook in highly masculinized forms of “nesting,” and in general shunned pregnancy book reading; although some did engage in “research” activities such as searching the internet for product safety information. We conclude from this study...

32 CFR 516.14 - Service of process on DA or Secretary of Army.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of process on DA or Secretary of Army... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.14 Service of process on DA or Secretary of Army. The Chief, Litigation Division, shall accept service of process for Department...