14 CFR § 1212.501 - Record systems determined to be exempt.

Code of Federal Regulations, 2014 CFR

2014-01-01

... Act from which exempted. (i) The Inspector General Investigations Case Files system of records is... criminal laws. (ii) To the extent that noncriminal investigative files may exist within this system of records, the Inspector General Investigations Case Files system of records is exempt from the following...

Restraints and Seclusion in US Public Schools: A Review of Existing Law, Policy, and Litigation

ERIC Educational Resources Information Center

Jewell, Bill; Fraser, Emily; Hendricks, Randy

2017-01-01

In order for an educator to properly restrain or seclude a child, they should be made aware of the statutes, court cases, governmental policies, and terminologies that shape the legality of restraints and seclusions. This paper means to nurture that awareness. The paper is in an order that shows an evolution of the policies and laws about…

A Descriptive Analysis of Tactical Casualty Care Interventions Performed by Law Enforcement Personnel in the State of Wisconsin, 2010-2015.

PubMed

Stiles, Chad M; Cook, Christopher; Sztajnkrycer, Matthew D

2017-06-01

Introduction Based upon military experience, law enforcement has developed guidelines for medical care during high-threat conditions. The purpose of the current study was to provide a descriptive analysis of reported outcomes of law enforcement medical interventions. This was a descriptive analysis of a convenience sample of cases submitted to the Wisconsin Tactical Medicine Initiative (Wisconsin USA), after the provision of successful patient care, between January 2010 and December 2015. The study was reviewed by the Mayo Foundation Institutional Review Board (Rochester, Minnesota USA) and deemed exempt. Nineteen agencies submitted information during the study period. Of the 56 episodes of care reported, four (7.1%) cases involved care provided to injured officers while 52 (92.9%) involved care to injured civilians, including suspects. In at least two cases, on-going threats existed during the provision of medical care to an injured civilian. Law enforcement rendered care prior to Emergency Medical Services (EMS) arrival in all but two cases. The current case series demonstrates the life-saving potential for law enforcement personnel trained and equipped under current Tactical Combat Casualty Care (TCCC)/ Committee on Tactical Emergency Casualty Care (C-TECC) tactical casualty care guidelines. Although originally developed to save the lives of wounded combat personnel, in the civilian sector, the training appears more likely to save victims rather than law enforcement personnel. Stiles CM , Cook C , Sztajnkrycer MD . A descriptive analysis of tactical casualty care interventions performed by law enforcement personnel in the State of Wisconsin, 2010-2015. Prehosp Disaster Med. 2017;32(3):284-288.

Postmortem sperm procurement: a legal perspective.

PubMed

Kahan, S E; Seftel, A D; Resnick, M I

1999-06-01

Postmortem sperm procurement with subsequent artificial insemination has become a technically feasible method for posthumous conception. A variety of legal questions exist involving the rights and relationships of the deceased, his family and his issue. We addressed these questions and designed a workable protocol for postmortem sperm procurement. MEDLINE, WESTLAW and LEXIS medical literature, and case law searches were conducted. United States and international case law, United States (federal and state) statutes, Uniform Law Commissions Acts, and law review commentaries and articles were reviewed. While postmortem sperm procurement is being requested throughout the United States, no standard protocol or procedural guidelines have been established by federal or state statute. Furthermore, the courts have not yet addressed this specific scenario in reported case law. Statutes and case law do address related factual scenarios and issues, including property rights in human bodies, rules governing transplantation of human organs/body parts, rights of parties in in vivo sperm bank donations and responsibilities of parents to the conceptus of artificial insemination. A workable protocol can be established by analyzing case law and statutes addressing factually similar scenarios. Urologists must focus on the express intent of the decedent and limit any postmortem sperm retrieval to the specific requests made by the decedent. Decedent requests should be documented in writing. The decedent must be competent and of majority age. In the absence of decedent expressed affirmative directive calling for sperm retrieval, no other relative or guardian may authorize this retrieval. Issues regarding the legitimacy and inheritance rights of the conceptus will most consistently be addressed when explicitly provided for in the will of the decedent.

29 CFR 2200.9 - Consolidation.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Provisions § 2200.9 Consolidation. Cases may be consolidated on the motion of any party, on the Judge's own motion, or on the Commission's own motion, where there exist common parties, common questions of law or...

29 CFR 2200.9 - Consolidation.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Provisions § 2200.9 Consolidation. Cases may be consolidated on the motion of any party, on the Judge's own motion, or on the Commission's own motion, where there exist common parties, common questions of law or...

29 CFR 2200.9 - Consolidation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Provisions § 2200.9 Consolidation. Cases may be consolidated on the motion of any party, on the Judge's own motion, or on the Commission's own motion, where there exist common parties, common questions of law or...

29 CFR 2200.9 - Consolidation.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Provisions § 2200.9 Consolidation. Cases may be consolidated on the motion of any party, on the Judge's own motion, or on the Commission's own motion, where there exist common parties, common questions of law or...

Scrutinising the duty of care and standard of care in English medical negligence.

PubMed

Gromek-Broc, Katarzyna

2012-03-01

The aim of this article is to discuss the difficulties that claimants encounter in civil law action in English medical negligence cases. It argues that the current legal framework, in particular in relation to the existence of the duty of care and the assessment of standard of care, is haphazard and flawed. It suggests that the law should provide the boundaries that would encompass a moral obligation to rescue and to treat. In conclusion it discusses some timid attempts to reform the law in order to facilitate redress and compensation.

Entropy bounds, acceleration radiation, and the generalized second law

NASA Astrophysics Data System (ADS)

Unruh, William G.; Wald, Robert M.

1983-05-01

We calculate the net change in generalized entropy occurring when one attempts to empty the contents of a thin box into a black hole in the manner proposed recently by Bekenstein. The case of a "thick" box also is treated. It is shown that, as in our previous analysis, the effects of acceleration radiation prevent a violation of the generalized second law of thermodynamics. Thus, in this example, the validity of the generalized second law is shown to rest only on the validity of the ordinary second law and the existence of acceleration radiation. No additional assumptions concerning entropy bounds on the contents of the box need to be made.

Mental health and fitness to plead proposals in England and Wales.

PubMed

Mudathikundan, Faisal; Chao, Oriana; Forrester, Andrew

2014-01-01

Proposals to reform fitness to plead legislation have been published by the Law Commission in England and Wales; they include a new test of decision making capacity and a new psychiatric test that has yet to be fully developed. Although proposals have met with some support, there have also been detractors. The history of fitness to plead is reviewed and current case law (including the 1836 Pritchard criteria) is examined. Although existing arrangements have been criticised, this may be attributable to inconsistent practical application, rather than inherent conceptual flaws. The Pritchard test has largely stood the test of time and has emerged relatively unscathed. Fitness to plead is not a medical construct, but rather a legal entity and any new test would be likely to introduce its own difficulties. A capacity based assessment could enhance debate and disagreement and increase court time in many cases, presenting new resource implications with questionable benefit. As the existing Pritchard criteria, amended by case law, already include a five limb test that closely resembles a capacity assessment (ability to plead to the indictment, to understand the course of the proceedings, to instruct a lawyer, to challenge a juror and to understand the evidence) and given the difficulties in introducing a functional test format in other jurisdictions, the Law Commission's proposals should now be set aside, perhaps for another day: reconsideration may be possible some decades hence, pending enhanced scientific developments within psychiatry and better understanding of the mind. Copyright © 2013 Elsevier Ltd. All rights reserved.

Validity of Maxwell equal area law for black holes conformally coupled to scalar fields in {AdS}_5 spacetime

NASA Astrophysics Data System (ADS)

Miao, Yan-Gang; Xu, Zhen-Ming

2017-06-01

We investigate the P{-}V criticality and the Maxwell equal area law for a five-dimensional spherically symmetric AdS black hole with a scalar hair in the absence of and in the presence of a Maxwell field, respectively. Especially in the charged case, we give the exact P{-}V critical values. More importantly, we analyze the validity and invalidity of the Maxwell equal area law for the AdS hairy black hole in the scenarios without and with charges, respectively. Within the scope of validity of the Maxwell equal area law, we point out that there exists a representative van der Waals-type oscillation in the P{-}V diagram. This oscillating part, which indicates the phase transition from a small black hole to a large one, can be replaced by an isobar. The small and large black holes have the same Gibbs free energy. We also give the distribution of the critical points in the parameter space both without and with charges, and we obtain for the uncharged case the fitting formula of the co-existence curve. Meanwhile, the latent heat is calculated, which gives the energy released or absorbed between the small and large black hole phases in the isothermal-isobaric procedure.

School Officials and the Courts: Update 1985. ERS Monograph.

ERIC Educational Resources Information Center

Beckham, Joseph C.

Cases involving public elementary and secondary education that were decided in state and federal courts from July 1984 to June 1985 are summarized in this review. The cases were selected on the basis of their relevance to contemporary problems in public schools, their definitiveness as articulations of existing law, and their reliability as guides…

The Legal Aspects of Expedited Partner Therapy Practice: Do State Laws and Policies Really Matter?

PubMed Central

Cramer, Ryan; Leichliter, Jami S.; Stenger, Mark R.; Loosier, Penny S.; Slive, Lauren

2014-01-01

Background Expedited partner therapy (EPT) is a potential partner treatment strategy. Significant efforts have been devoted to policies intended to facilitate its practice. However, few studies have attempted to evaluate these policies. Methods We used data on interviewed gonorrhea cases from 12 sites in the STD Surveillance Network (SSuN) in 2010 (n=3,404). Patients reported whether they had received EPT. We coded state laws relevant to EPT for gonorrhea using Westlaw legal research database, and the general legal status of EPT in SSuN sites from CDC’s website in 2010. We also coded policy statements by medical and other boards. We used chi-squares to compare receipt of EPT by legal/policy variables, patient characteristics and provider type. Variables significant at p<.10 in bivariate analyses were included in a logistic regression model. Results Overall, 9.5% of 2,564 interviewed gonorrhea patients reported receiving EPT for their partners. Receipt of EPT was significantly higher where laws and policies authorizing EPT existed. Where EPT laws for GC existed and EPT was permissible, 13.3% of patients reported receiving EPT as compared to 5.4% where there were no EPT laws and EPT was permissible, and 1.0% where there were no EPT laws and EPT was potentially allowable (p<.01). EPT was higher where professional boards had policy statements supporting EPT (p<.01). Receipt of EPT did not differ by most patient characteristics or provider type. Policy-related findings were similar in adjusted analyses. Conclusions EPT laws and policies were associated with higher reports of receipt of EPT among interviewed gonorrhea cases. PMID:23859917

Free will: reconciling German civil law with Libet's neurophysiological studies on the readiness potential.

PubMed

Kawohl, Wolfram; Habermeyer, Elmar

2007-01-01

The free will debate widely exceeds the neuroscientific and philosophical fields due to profound implications for legislation, case law and psychiatric expert opinion. Data from Benjamin Libet's experiments on the readiness potential have been used as an argument against personal responsibility and for changes in the law. Due to the explicit use of the term "free will" in German civil law, the psychiatrist as an expert witness is confronted with this debate. In this article we outline the role of this crucial term in German civil law and we describe the neurophysiologic challenge in the form of Libet's experiments, which is led on three levels: the correctness of the data, the impact on the question of whether free will exists and possible consequences for the law. We conclude that the problem of free will cannot be debated on the basis of the data provided by Libet's experiments and that doubts about the existence of a free will must not lead to changes in the law or in psychiatric expert testimony. Therefore, advice for the psychiatrist as an expert witness is offered on the basis of a psychopathological approach that takes into account cognitive and motivational preconditions and the structure of values and personality. Copyright (c) 2007 John Wiley & Sons, Ltd.

The Use of Force by Public School Teachers as a Defense against Threatened Physical Harm.

ERIC Educational Resources Information Center

Henderson, Donald H.; And Others

1989-01-01

In most cases of self-defense and defense of others, the defendant is required to affirmatively plead and prove that: (1) an apparent necessity to act in self-defense existed; (2) the force used was reasonable under the existing circumstances; and (3) the defendant had no time to resort to the law. (MLF)

Retaliatory Strike or Fired with Cause: A Case Study of Gay Identity Disclosure and Law Enforcement

ERIC Educational Resources Information Center

Collins, Joshua C.

2016-01-01

A relatively small amount of HRD research has focused on issues for lesbian, gay, bisexual, and transgender (LGBT) people. The majority that does exist tends to focus on issues assumed to cut across the entire LGBT community. However, a need exists for research that identifies and articulates the varied experiences of each of these identity…

31 CFR 353.90 - Waiver of regulations.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Commissioner of the Public Debt, as designee of the Secretary of the Treasury, may waive or modify any provision or provisions of these regulations. He may do so in any particular case or class of cases for the... such action would not be inconsistent with law or equity, (b) if it does not impair any existing rights...

Commentary on Skene and Parker: the role of the church in developing the law.

PubMed

Gormally, L

2002-08-01

Skene and Parker are demonstrably mistaken in suggesting that the amicus role of Catholic bishops in three cases has been concerned with "developing" the law. In contrast with Skene and Parker's freestanding conception of legal principle, the Catholic understanding of law's rational moral foundations has permitted Catholic bishops to defend longstanding legal principle as well as defending the integrity of the church's health care and welfare services. It is shown that in the three cases under discussion Catholic bishops were providing needed argument otherwise unavailable to the courts in defence of existing statute. In face of the attempts by pressure groups to bypass the legislature and use the courts to subvert fundamental legal principles, the church is perhaps uniquely capable of continuing to provide to the courts rational defences of those principles.

To assist or not to assist: the legal liability of midwives acting as good Samaritans.

PubMed

Newnham, Helen

2006-09-01

At common law no legal duty exists to rescue. This article examines the common law position and whether NSW case of Lowns v Woods 1996 ATR 81-376 creates a new duty to rescue. Recent legislation in some states provides protection from litigation to those who assist in emergencies providing they act in good faith and without gross negligence. The implications for midwives who act as good Samaritans are discussed.

Assisted suicide and the savings clause.

PubMed

Helminski, F

1995-06-01

In December 1994, the Michigan Supreme Court decided a group of cases comprising constitutional challenges to a Michigan statute against assisted suicide and prosecutions of Dr. Jack Kevorkian for his role in two incidents of suicide. The court rejected arguments that the statute infringed a right of "personal autonomy" under the Fourteenth Amendment to the US Constitution; it noted that, although US Supreme Court opinions indicate that decisions to withdraw or reject life-sustaining treatment are constitutionally protected, a legal difference exists between permitting death to occur by natural means and taking affirmative steps to end life. The Michigan court also decided that Kevorkian could not be charged with murder for supplying only the means by which suicide occurred, but he could be charged with a common law crime of assisting in suicide although the statute outlawing such actions became effective only after the suicides occurred. Because suicide was a crime under the prerevolutionary English Common Law, which forms the foundation of Michigan law, assisting in suicide is also a residual crime under the "savings clause" of the Michigan statutes, which incorporates common law crimes into the law of that state when no superseding statute exists.

Surrogacy litigation in China and beyond.

PubMed

Ding, Chunyan

2015-02-01

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy.

Surrogacy litigation in China and beyond

PubMed Central

Ding, Chunyan

2015-01-01

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy. PMID:27774179

Refined Weyl Law for Homogeneous Perturbations of the Harmonic Oscillator

NASA Astrophysics Data System (ADS)

Doll, Moritz; Gannot, Oran; Wunsch, Jared

2018-02-01

Let H denote the harmonic oscillator Hamiltonian on R}^d,} perturbed by an isotropic pseudodifferential operator of order 1. We consider the Schrödinger propagator {U(t)=e^{-itH},} and find that while sing-supp Tr U(t) \\subset 2 π Z as in the unperturbed case, there exists a large class of perturbations in dimensions {d ≥ 2 for which the singularities of {Tr U(t)} at nonzero multiples of {2 π} are weaker than the singularity at t = 0. The remainder term in the Weyl law is of order {o(λ^{d-1})} , improving in these cases the {o(λ^{d-1})} remainder previously established by Helffer-Robert.

Reported municipal costs from outdoor smoke-free by-laws-experience from Ontario, Canada

PubMed Central

2014-01-01

Background In 2006, enclosed public and workplaces in Ontario were made smoke-free by the Smoke-free Ontario Act (SFOA). Numerous area municipalities across the province have since developed local by-laws that are more restrictive than the SFOA and ban smoking in outdoor environments including parks, beaches, and patios. The current study measured reported costs associated with the implementation and enforcement of smoke-free outdoor municipal by-laws including materials and staffing costs. The study also assessed the number of warnings or tickets issued to smokers. Ontario communities with a by-law in force for at least 2 years were included in the sample (n = 42). The study was completed by 88% of area municipalities (n = 37). Municipal staff and managers completed a survey by telephone between June-September 2012. Findings No area municipality surveyed reported that they hired additional enforcement staff as a result of their community’s smoke-free by-law. Most municipalities (95%) posted signage to support awareness of their by-law; signs costs ranged from $40-$150/sign with most municipalities reporting signs were made in-house. Most communities reported actively enforcing the by-law; six communities reported they had issued tickets to people not in compliance with outdoor smoking restrictions. Conclusions The implementation, promotion, and enforcement of outdoor smoke-free by-laws have required municipal staff time and in most cases have promotional costs, but these have come from existing budgets and using existing staff. Outdoor smoke-free by-laws have not created significant burdens on municipal enforcement staff or on municipal budgets. PMID:24581326

Religious Music, the Public Schools, and the Establishment Clause: A Review of Federal Case Law

ERIC Educational Resources Information Center

Cranmore, Jeff; Fossey, Richard

2014-01-01

Various issues relating to education and religion continue to appear in federal court. One issue that is most relevant to music educators is the use of religious music in school music curriculum. Although no federal guidelines exist as to what is acceptable usage, a number of federal cases have addressed the various issues, from the use of…

Sharing information among existing data sources

NASA Astrophysics Data System (ADS)

Ashley, W. R., III

1999-01-01

The sharing of information between law enforcement agencies is a premise for the success of all jurisdictions. A wealth of information resides in both the databases and infrastructures of local, state, and regional agencies. However, this information is often not available to the law enforcement professionals who require it. When the information is, available, individual investigators must not only know that it exists, but where it resides, and how to retrieve it. In many cases, these types of cross-jurisdictional communications are limited to personal relationships that result from telephone calls, faxes, and in some cases, e-mail. As criminal elements become more sophisticated and distributed, law enforcement agencies must begin to develop infrastructures and common sharing mechanisms that address a constantly evolving criminal threat. Historically, criminals have taken advantage of the lack of communication between law enforcement agencies. Examples of this are evident in the search for stolen property and monetary dealings. Pawned property, cash transactions, and failure to supply child support are three common cross- jurisdictional crimes that could be better enforced by strengthening the lines of communication. Criminal behavior demonstrates that it is easier to profit from their actions by dealing in separate jurisdictions. For example, stolen property is sold outside of the jurisdiction of its origin. In most cases, simply traveling a short distance to the adjoining county or municipality is sufficient to ensure that apprehension of the criminal or seizure of the stolen property is highly unlikely. In addition to the traditional burglar, fugitives often sell or pawn property to finance their continued evasion from the law. Sharing of information in a rapid manner would increase the ability of law enforcement personnel to track and capture fugitives, as well as criminals. In an example to combat this threat, the State of Florida recently acted on the need to share crucial investigative information across jurisdictional bounds by establishing a communications infrastructure for all of its law enforcement jurisdictions. The Criminal Justice Network (CJ-Net) is a statewide TCP/IP network, dedicated to the sharing of law enforcement information. CJ-Net is managed and maintained by the Florida Department of Law Enforcement (FDLE) and provides open access and privileges to any criminal justice agency, including the state court and penitentiary systems. In addition to Florida, other states, such as North Carolina, are also beginning to implement common protocol communication infrastructures and architectures in order to link local jurisdictions together throughout the state. The law enforcement domain in an optimum situation for information-sharing technologies. Communication infrastructures are continually established, and as such, action is required to effectively use these networks to their full potential. Information technologies that are best suited for the law enforcement domain, must be evaluated and implemented in a cost-effective manner. Unlike the Defense Department and other large federal agencies, individual jurisdictions at both the local and state level cannot afford to expend limited resources on research and development of prototype systems. Therefore, we must identify enabling technologies that have matured in related domains and transition them into law enforcement at a minimum cost. Crucial to this measure, is the selection of the appropriate levels of information-sharing technologies to be inserted. Information-sharing technologies that are unproven or have extensive recurring costs are not suitable for this domain. Information-sharing technologies traditionally exist between two distinct polar bounds: the data warehousing approach and mediation across distributed heterogeneous data sources. These two ends of the spectrum represent extremely different philosophies in accomplishing the same goal. In the following sections of this paper, discussions of information-sharing mechanisms will be addressed and the effectiveness of each is examined for the law enforcement domain. In each case, it is the opinion of the author as to which approach would lend itself to the most appropriate solution to the problem of effectively sharing criminal justice information.

General Entanglement Scaling Laws from Time Evolution

NASA Astrophysics Data System (ADS)

Eisert, Jens; Osborne, Tobias J.

2006-10-01

We establish a general scaling law for the entanglement of a large class of ground states and dynamically evolving states of quantum spin chains: we show that the geometric entropy of a distinguished block saturates, and hence follows an entanglement-boundary law. These results apply to any ground state of a gapped model resulting from dynamics generated by a local Hamiltonian, as well as, dually, to states that are generated via a sudden quench of an interaction as recently studied in the case of dynamics of quantum phase transitions. We achieve these results by exploiting ideas from quantum information theory and tools provided by Lieb-Robinson bounds. We also show that there exist noncritical fermionic systems and equivalent spin chains with rapidly decaying interactions violating this entanglement-boundary law. Implications for the classical simulatability are outlined.

Health information: reconciling personal privacy with the public good of human health.

PubMed

Gostin, L O

2001-01-01

The success of the health care system depends on the accuracy, correctness and trustworthiness of the information, and the privacy rights of individuals to control the disclosure of personal information. A national policy on health informational privacy should be guided by ethical principles that respect individual autonomy while recognizing the important collective interests in the use of health information. At present there are no adequate laws or constitutional principles to help guide a rational privacy policy. The laws are scattered and fragmented across the states. Constitutional law is highly general, without important specific safeguards. Finally, a case study is provided showing the important trade-offs that exist between public health and privacy. For a model public health law, see www.critpath.org/msphpa/privacy.

The position of the analyst as expert: yesterday and today.

PubMed

Fresenius, W

2000-11-01

The interrelation between law and analytical chemistry 150 years ago is outlined, showing that similar problems to today already existed at that time. Examples of present-day cases of judicial investigations are given and consequences for the duty of the analytical chemist are discussed.

28 CFR 11.3 - Compliance with existing laws.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Compliance with existing laws. 11.3... for Debt Collection § 11.3 Compliance with existing laws. The procurement of the services of private... procedures mandated by Federal law, and set forth in the Federal Property and Administrative Services Act of...

Passing a smoke-free law in a pro-tobacco culture: a multiple streams approach.

PubMed

Greathouse, Lisa W; Hahn, Ellen J; Okoli, Chizimuzo T C; Warnick, Todd A; Riker, Carol A

2005-08-01

This article describes a case study of the policy development and political decision-making process involved in the enactment of Lexington, Kentucky's smoke-free law. The multiple streams framework is used to analyze the development of the law in a seemingly unlikely and challenging political environment. Proponents developed a dissemination research plan targeted at policy makers and the public to demonstrate the need for a comprehensive law. The existence of a strong coalition of health care providers and health care systems including the board of health, as well as long-standing tobacco control expertise and a strong legal team, were essential ingredients for success. A deliberate strategy to expose the tobacco industry was effective in preparing policy makers for the opponents' policy arguments. As expected, a hospitality industry association was formed to oppose the ordinance, resulting in a legal challenge that delayed enactment of the law.

Are local laws the key to ending childhood lead poisoning?

PubMed

Korfmacher, Katrina S; Hanley, Michael L

2013-08-01

Although lead paint was banned by federal law in 1978, it continues to poison children living in homes built before that time. The lifelong effects of childhood exposure to even small amounts of lead are well established by medical research. Federal and state laws have reduced rates of lead poisoning significantly in the past three decades. However, pockets of high rates of lead poisoning remain, primarily in low-income urban neighborhoods with older housing stock. Recently, several municipalities have passed local lead laws to reduce lead hazards in high-risk areas. There has been no systematic attempt to compare the design and effectiveness of these local policies. To address this gap, we conducted comparative case studies of eight innovative lead laws promulgated since 2000. The laws used a wide variety of legal structures and tools, although certain elements were common. The impact of the policies was intertwined with local housing, economic, and legal environments. While data do not yet exist to systematically evaluate the impact of these laws on lead poisoning rates, our analysis suggests that local laws hold great promise for reducing lead hazards in children's homes.

Naval Law Review, Number 52, 2005

DTIC Science & Technology

2005-01-01

conflict, an extensive set of rules exists to limit and govern military activities, authorized participants, and the capture, detention and... Appeals Chamber on the Defense Motion of the Interlocutory Appeal concerning Jurisdiction at 128-32; Case No. IT-94-1-D, of 2 Oct. 1995. 26 Since...Supreme Court had limited jurisdiction to hear appeals from military tribunals or courts-martial.59 Absent an explicit grant to hear a class of cases

Innovation and Competition: Conflicts over Intellectual Property Rights in New Technologies.

ERIC Educational Resources Information Center

Samuelson, Pamela

1987-01-01

Addresses conditions and concerns involved in accommodating the interests of both innovators of new technologies and the general public. Discusses the tension that exists in intellectual property law between innovators and competitors. Focuses on cases dealing with computer software and semiconductor chip designs, genetically-engineered life…

Selected Legal Considerations Bearing upon Alternative Salary Plans for Teachers. Revised.

ERIC Educational Resources Information Center

O'Reilly, Robert C.

Although employment decisions must be in harmony with existing case laws and statutes, such decisions allow for more flexibility than is sometimes supposed. Increasingly, state legislators and other public officials (including Secretary of Education T. H. Bell and Tennessee Governor Lamar Alexander) are working to establish differentiated pay…

Has the sanctity of life law 'gone too far'?: analysis of the sanctity of life doctrine and English case law shows that the sanctity of life law has not 'gone too far'.

PubMed

Rabiu, Abdul-Rasheed; Sugand, Kapil

2014-02-22

The medical profession consistently strives to uphold patient empowerment, equality and safety. It is ironic that now, at a time where advances in technology and knowledge have given us an increased capacity to preserve and prolong life, we find ourselves increasingly asking questions about the value of the lives we are saving. A recent editorial by Professor Raanan Gillon questions the emphasis that English law places on the sanctity of life doctrine. In what was described by Reverend Nick Donnelly as a "manifesto for killing patients", Professor Gillon argues that the sanctity of life law has gone too far because of its disregard for distributive justice and an incompetent person's previously declared autonomy. This review begins by outlining the stance of the sanctity of life doctrine on decisions about administering, withholding and withdrawing life-prolonging treatment. Using this as a foundation for a rebuttal, a proposal is made that Professor Gillon's assertions do not take the following into account:1) A sanctity of life law does not exist since English Common Law infringes the sanctity doctrine by tolerating quality of life judgements and a doctor's intention to hasten death when withdrawing life-prolonging treatment.2) Even if a true sanctity of life law did exist:a) The sanctity of life doctrine allows for resource considerations in the wider analysis of benefits and burdens.b) The sanctity of life doctrine yields to a competent person's autonomous decision.This review attempts to demonstrate that at present, and with the legal precedent that restricts it, a sanctity of life law cannot go too far.

Has the sanctity of life law ‘gone too far’?: analysis of the sanctity of life doctrine and English case law shows that the sanctity of life law has not ‘gone too far’

PubMed Central

2014-01-01

The medical profession consistently strives to uphold patient empowerment, equality and safety. It is ironic that now, at a time where advances in technology and knowledge have given us an increased capacity to preserve and prolong life, we find ourselves increasingly asking questions about the value of the lives we are saving. A recent editorial by Professor Raanan Gillon questions the emphasis that English law places on the sanctity of life doctrine. In what was described by Reverend Nick Donnelly as a “manifesto for killing patients”, Professor Gillon argues that the sanctity of life law has gone too far because of its disregard for distributive justice and an incompetent person’s previously declared autonomy. This review begins by outlining the stance of the sanctity of life doctrine on decisions about administering, withholding and withdrawing life-prolonging treatment. Using this as a foundation for a rebuttal, a proposal is made that Professor Gillon’s assertions do not take the following into account: 1) A sanctity of life law does not exist since English Common Law infringes the sanctity doctrine by tolerating quality of life judgements and a doctor’s intention to hasten death when withdrawing life-prolonging treatment. 2) Even if a true sanctity of life law did exist: a) The sanctity of life doctrine allows for resource considerations in the wider analysis of benefits and burdens. b) The sanctity of life doctrine yields to a competent person’s autonomous decision. This review attempts to demonstrate that at present, and with the legal precedent that restricts it, a sanctity of life law cannot go too far. PMID:24559151

Death without dignity for commercial surrogacy: the case of Baby M.

PubMed

Annas, G J

1988-01-01

The New Jersey Supreme Court's In re Baby M ruling is applauded for remedying the flawed opinion of the lower court by invalidating surrogate contracts, applying existing law to determine custody, and restoring the natural mother's parental rights. Portions of the decision highlighted are the court's rejection of the label "surrogate mother" and the claim that surrogacy promotes family building. The author analyzes the surrogacy contract's violation of existing adoption laws, the constitutional issues raised by the contract, the court's controversial ruling on custody, and responses to the opinion by commercial baby brokers. He concludes that legislation must be enacted now to prevent "full surrogacy," in which in vitro fertilization and embryo transfer render the gestational mother an incubator with no rights or interests in the child.

45 CFR 152.40 - Relation to State laws.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Relation to State laws. 152.40 Section 152.40...-EXISTING CONDITION INSURANCE PLAN PROGRAM Relationship to Existing Laws and Programs § 152.40 Relation to State laws. The standards established under this section shall supersede any State law or regulation...

The flow of power law fluids in elastic networks and porous media.

PubMed

Sochi, Taha

2016-02-01

The flow of power law fluids, which include shear thinning and shear thickening as well as Newtonian as a special case, in networks of interconnected elastic tubes is investigated using a residual-based pore scale network modeling method with the employment of newly derived formulae. Two relations describing the mechanical interaction between the local pressure and local cross-sectional area in distensible tubes of elastic nature are considered in the derivation of these formulae. The model can be used to describe shear dependent flows of mainly viscous nature. The behavior of the proposed model is vindicated by several tests in a number of special and limiting cases where the results can be verified quantitatively or qualitatively. The model, which is the first of its kind, incorporates more than one major nonlinearity corresponding to the fluid rheology and conduit mechanical properties, that is non-Newtonian effects and tube distensibility. The formulation, implementation, and performance indicate that the model enjoys certain advantages over the existing models such as being exact within the restricting assumptions on which the model is based, easy implementation, low computational costs, reliability, and smooth convergence. The proposed model can, therefore, be used as an alternative to the existing Newtonian distensible models; moreover, it stretches the capabilities of the existing modeling approaches to reach non-Newtonian rheologies.

Can children withhold consent to treatment?

PubMed Central

Devereux, J A; Jones, D P; Dickenson, D L

1993-01-01

A dilemma exists when a doctor is faced with a child or young person who refuses medically indicated treatment. The Gillick case has been interpreted by many to mean that a child of sufficient age and intelligence could validly consent or refuse consent to treatment. Recent decisions of the Court of Appeal on a child's refusal of medical treatment have clouded the issue and undermined the spirit of the Gillick decision and the Children Act 1989. It is now the case that a child patient whose competence is in doubt will be found rational if he or she accepts the proposal to treat but may be found incompetent if he or she disagrees. Practitioners are alerted to the anomalies now exhibited by the law on the issue of children's consent and refusal. The impact of the decisions from the perspectives of medicine, ethics, and the law are examined. Practitioners should review each case of child care carefully and in cases of doubt seek legal advice. Images p1459-a p1460-a PMID:8518645

Can children withhold consent to treatment?

PubMed

Devereux, J A; Jones, D P; Dickenson, D L

1993-05-29

A dilemma exists when a doctor is faced with a child or young person who refuses medically indicated treatment. The Gillick case has been interpreted by many to mean that a child of sufficient age and intelligence could validly consent or refuse consent to treatment. Recent decisions of the Court of Appeal on a child's refusal of medical treatment have clouded the issue and undermined the spirit of the Gillick decision and the Children Act 1989. It is now the case that a child patient whose competence is in doubt will be found rational if he or she accepts the proposal to treat but may be found incompetent if he or she disagrees. Practitioners are alerted to the anomalies now exhibited by the law on the issue of children's consent and refusal. The impact of the decisions from the perspectives of medicine, ethics, and the law are examined. Practitioners should review each case of child care carefully and in cases of doubt seek legal advice.

28 CFR 11.3 - Compliance with existing laws.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Compliance with existing laws. 11.3... for Debt Collection § 11.3 Compliance with existing laws. The procurement of the services of private attorneys for debt collection shall be accomplished in accordance with the competitive procurement...

28 CFR 11.3 - Compliance with existing laws.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Compliance with existing laws. 11.3... for Debt Collection § 11.3 Compliance with existing laws. The procurement of the services of private attorneys for debt collection shall be accomplished in accordance with the competitive procurement...

Regulation with placebo effects.

PubMed

Malani, Anup

2008-12-01

A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and several liability to account for placebo effects. Future research on placebo effects should focus on whether awareness of placebo effects can disable these effects and whether subjects can control their own placebo effects.

Renormalization group, normal form theory and the Ising model

NASA Astrophysics Data System (ADS)

Raju, Archishman; Hayden, Lorien; Clement, Colin; Liarte, Danilo; Sethna, James

The results of the renormalization group are commonly advertised as the existence of power law singularities at critical points. Logarithmic and exponential corrections are seen as special cases and dealt with on a case-by-case basis. We propose to systematize computing the singularities in the renormalization group using perturbative normal form theory. This gives us a way to classify all such singularities in a unified framework and to generate a systematic machinery to do scaling collapses. We show that this procedure leads to some new results even in classic cases like the Ising model and has general applicability.

Extended Policies case

EIA Publications

2016-01-01

The Annual Energy Outlook 2016 (AEO2016) Extended Policies case includes selected policies that go beyond current laws and regulations. Existing tax credits that have scheduled reductions and sunset dates are assumed to remain unchanged through 2040. Other efficiency policies, including corporate average fuel economy standards, appliance standards, and building codes, are expanded beyond current provisions; and the U.S. Environmental Protection Agency (EPA) Clean Power Plan (CPP) regulations that reduce carbon dioxide emissions from electric power generation are tightened after 2030.

In Search of a Time Efficient Approach to Crack and Delamination Growth Predictions in Composites

NASA Technical Reports Server (NTRS)

Krueger, Ronald; Carvalho, Nelson

2016-01-01

Analysis benchmarking was used to assess the accuracy and time efficiency of algorithms suitable for automated delamination growth analysis. First, the Floating Node Method (FNM) was introduced and its combination with a simple exponential growth law (Paris Law) and Virtual Crack Closure technique (VCCT) was discussed. Implementation of the method into a user element (UEL) in Abaqus/Standard(Registered TradeMark) was also presented. For the assessment of growth prediction capabilities, an existing benchmark case based on the Double Cantilever Beam (DCB) specimen was briefly summarized. Additionally, the development of new benchmark cases based on the Mixed-Mode Bending (MMB) specimen to assess the growth prediction capabilities under mixed-mode I/II conditions was discussed in detail. A comparison was presented, in which the benchmark cases were used to assess the existing low-cycle fatigue analysis tool in Abaqus/Standard(Registered TradeMark) in comparison to the FNM-VCCT fatigue growth analysis implementation. The low-cycle fatigue analysis tool in Abaqus/Standard(Registered TradeMark) was able to yield results that were in good agreement with the DCB benchmark example. Results for the MMB benchmark cases, however, only captured the trend correctly. The user element (FNM-VCCT) always yielded results that were in excellent agreement with all benchmark cases, at a fraction of the analysis time. The ability to assess the implementation of two methods in one finite element code illustrated the value of establishing benchmark solutions.

Building on mental health training for law enforcement: strengthening community partnerships.

PubMed

Campbell, Jorien; Ahalt, Cyrus; Hagar, Randall; Arroyo, William

2017-09-11

Purpose The purpose of this paper is to describe the current state of law enforcement training related to the high number of interactions with persons with mental illness, and to recommend next steps in preparing law enforcement to effectively meet this challenge. Design/methodology/approach The authors reviewed the current literature on relevant law enforcement training programs, focusing primarily on crisis intervention team (CIT) training, and used the case example of California to identify opportunities to improve and enhance law enforcement preparedness for the challenge of responding to persons with mental illness. Findings Broad-based community partnerships working together to develop programs that meet the local needs of both those with mental illness and law enforcement, the availability of mental health treatment centers with no-refusal policies, and a coordinating person or agency to effectively liaise among stakeholders are critical enhancements to CIT training. Originality/value As increasing attention is paid to adverse interactions between police and vulnerable populations, this paper identifies policies that would build on existing training programs to improve police responses to persons with mental illness.

Marriage and Family Therapy and the Law: Discovering Systemic Common Ground

ERIC Educational Resources Information Center

Richards, Jason C.

2017-01-01

Many important decisions regarding couples and families are made by the legal system. However, this system's adversarial nature often results in relational losses for clients, even when one "wins" a case. Some believe a solution may exist in legally-minded marriage and family therapists, who, as experts in family systems theory, are in a…

USE OF TOXICOGENOMICS DATA IN RISK ASSESSMENT: CASE STUDY FOR A CHEMICAL IN THE ANDROGEN-MEDIATED MALE REPRODUCTIVE DEVELOPMENT TOXICITY PATHWAY

EPA Science Inventory

The goal of this project is to address the question, “Can existing toxicogenomics (TG) data improve Environmental Protection Agency (EPA) chemical health or risk assessments?” Although genomics data promises to impact multiple areas of science, medicine, law, and policy, there ar...

Limits of imagination: the 150th Anniversary of Mendel's Laws, and why Mendel failed to see the importance of his discovery for Darwin's theory of evolution.

PubMed

Singh, Rama S

2015-09-01

Mendel is credited for discovering Laws of Heredity, but his work has come under criticism on three grounds: for possible falsification of data to fit his expectations, for getting undue credit for the laws of heredity without having ideas of segregation and independent assortment, and for being interested in the development of hybrids rather than in the laws of heredity. I present a brief review of these criticisms and conclude that Mendel deserved to be called the father of genetics even if he may not, and most likely did not, have clear ideas of segregation and particulate determiners as we know them now. I argue that neither Mendel understood the evolutionary significance of his findings for the problem of genetic variation, nor would Darwin have understood their significance had he read Mendel's paper. I argue that the limits to imagination, in both cases, came from their mental framework being shaped by existing paradigms-blending inheritance in the case of Darwin, hybrid development in the case of Mendel. Like Einstein, Darwin's natural selection was deterministic; like Niels Bohr, Mendel's Laws were probabilistic-based on random segregation of trait-determining "factors". Unlike Einstein who understood quantum mechanics, Darwin would have been at a loss with Mendel's paper with no guide to turn to. Geniuses in their imaginations are like heat-seeking missiles locked-in with their targets of deep interests and they generally see things in one dimension only. Imagination has limits; unaided imagination is like a bird without wings--it goes nowhere.

Women's legal knowledge: a case study of Mexican urban dwellers.

PubMed

Rivera Izabal, L M

1995-06-01

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.

Race, law, and health: Examination of 'Stand Your Ground' and defendant convictions in Florida.

PubMed

Ackermann, Nicole; Goodman, Melody S; Gilbert, Keon; Arroyo-Johnson, Cassandra; Pagano, Marcello

2015-10-01

Previous analyses of Stand Your Ground (SYG) cases have been primarily descriptive. We examine the relationship between race of the victim and conviction of the defendant in SYG cases in Florida from 2005 to 2013. Using a regression analytic approach, we allow for simultaneous examination of multiple factors to better understand existing interrelationships. Data was obtained from the Tampa Bay Times SYG database (237 cases) which was supplemented with available online court documents and/or news reports. After excluding cases which were, still pending as of January 2015; had multiple outcomes (because of multiple suspects); and missing information on race of victim and weapon of victim, our final analytic sample has 204 cases. We chose whether the case resulted in a conviction as the outcome. We develop logistic regression models using significant bivariate predictors as candidates. These include race of the victim (White, non-White), whether the defendant could have retreated from the situation, whether the defendant pursued the victim, if the victim was unarmed, and who was the initiator of the confrontation. We find race of the victim to be a significant predictor of case outcome in this data set. After controlling for other variables, the defendant is two times (OR = 2.1, 95% CI [1.07, 4.10]) more likely to be convicted in a case that involves White victims compared to those involving non-White victims. Our results depict a disturbing message: SYG legislation in Florida has a quantifiable racial bias that reveals a leniency in convictions if the victim is non-White, which provides evidence towards unequal treatment under the law. Rather than attempting to hide the outcomes of these laws, as was done in Florida, other states with SYG laws should carry out similar analyses to see if their manifestations are the same as those in Florida, and all should remediate any injustices found. Copyright © 2015 Elsevier Ltd. All rights reserved.

Are Local Laws the Key to Ending Childhood Lead Poisoning?

PubMed Central

Korfmacher, Katrina S.; Hanley, Michael L.

2014-01-01

Although lead paint was banned by federal law in 1978, it continues to poison children living in homes built before that time. The lifelong effects of childhood exposure to even small amounts of lead are well established by medical research and include learning and behavior problems, hypertension, osteoporosis, and kidney disease. Federal and state laws have reduced rates of lead poisoning significantly in the past three decades. However, pockets of high rates of lead poisoning remain, primarily in low-income urban neighborhoods with older housing stock. Recently, several municipalities have passed local lead laws in an attempt to reduce lead hazards in these remaining areas. There has been no systematic attempt to compare the design and effectiveness of these local policies. To address this gap, we conducted comparative case studies of eight innovative lead laws promulgated since 2010. The laws used a wide variety of legal structures and tools, although certain elements were common. The impact of the policies was intertwined with local housing, economic, and legal environments. While data do not yet exist to systematically evaluate the impact on lead poisoning rates, our analysis suggests that local laws hold great promise for reducing lead hazards in children’s homes. PMID:23645870

Legal issues in medical informatics: a bird's eye view.

PubMed

Laske, C

1996-01-01

The present paper is the result of a study investigating the legal issues, problems and obstacles which have arisen as a result of the R&D projects financed by the AIM Program 1991-94. Two parallel lines of investigation were adopted in this study. First of all, a questionnaire was sent to all project partners listed in the AIM 93 Report, with the objective of collecting information on the legal questions with which the individual projects were confronted in the course of their R&D work. This allowed for an initial mapping out of the legal aspects relevant in the field of medical informatics. Secondly, the actual projects were studied as to their legal content and in particular those which included a legal workpackage. This allowed for an assessment of further legal questions, some of which had as yet perhaps not been perceived as such. The present paper deals with five key aspects, describing the nature of the issues and the relevant law and case law or legal vacuum as it may be. It must be emphasised that, as pointed out in the title, this study offers an overview of the legal issues debate in medical informatics and is somewhat exploratory in nature. It is not intended to offer a critical analysis of existing picces of legislation or case law. This would call for more fundamental legal research. Instead the study restricts itself to a general description of existing legal principles and their relevance in the health care sector. As the reader will gather from this paper, legally speaking information technology is still a relatively new entity in the health care sector, which means that legal research and any resulting recommendations may have a real impact on the future course of the law in this field.

Statistical conservation law in two- and three-dimensional turbulent flows.

PubMed

Frishman, Anna; Boffetta, Guido; De Lillo, Filippo; Liberzon, Alex

2015-03-01

Particles in turbulence live complicated lives. It is nonetheless sometimes possible to find order in this complexity. It was proposed in Falkovich et al. [Phys. Rev. Lett. 110, 214502 (2013)] that pairs of Lagrangian tracers at small scales, in an incompressible isotropic turbulent flow, have a statistical conservation law. More specifically, in a d-dimensional flow the distance R(t) between two neutrally buoyant particles, raised to the power -d and averaged over velocity realizations, remains at all times equal to the initial, fixed, separation raised to the same power. In this work we present evidence from direct numerical simulations of two- and three-dimensional turbulence for this conservation. In both cases the conservation is lost when particles exit the linear flow regime. In two dimensions we show that, as an extension of the conservation law, an Evans-Cohen-Morriss or Gallavotti-Cohen type fluctuation relation exists. We also analyze data from a 3D laboratory experiment [Liberzon et al., Physica D 241, 208 (2012)], finding that although it probes small scales they are not in the smooth regime. Thus instead of 〈R-3〉, we look for a similar, power-law-in-separation conservation law. We show that the existence of an initially slowly varying function of this form can be predicted but that it does not turn into a conservation law. We suggest that the conservation of 〈R-d〉, demonstrated here, can be used as a check of isotropy, incompressibility, and flow dimensionality in numerical and laboratory experiments that focus on small scales.

Motion of small bodies in classical field theory

NASA Astrophysics Data System (ADS)

Gralla, Samuel E.

2010-04-01

I show how prior work with R. Wald on geodesic motion in general relativity can be generalized to classical field theories of a metric and other tensor fields on four-dimensional spacetime that (1) are second-order and (2) follow from a diffeomorphism-covariant Lagrangian. The approach is to consider a one-parameter-family of solutions to the field equations satisfying certain assumptions designed to reflect the existence of a body whose size, mass, and various charges are simultaneously scaled to zero. (That such solutions exist places a further restriction on the class of theories to which our results apply.) Assumptions are made only on the spacetime region outside of the body, so that the results apply independent of the body’s composition (and, e.g., black holes are allowed). The worldline “left behind” by the shrinking, disappearing body is interpreted as its lowest-order motion. An equation for this worldline follows from the “Bianchi identity” for the theory, without use of any properties of the field equations beyond their being second-order. The form of the force law for a theory therefore depends only on the ranks of its various tensor fields; the detailed properties of the field equations are relevant only for determining the charges for a particular body (which are the “monopoles” of its exterior fields in a suitable limiting sense). I explicitly derive the force law (and mass-evolution law) in the case of scalar and vector fields, and give the recipe in the higher-rank case. Note that the vector force law is quite complicated, simplifying to the Lorentz force law only in the presence of the Maxwell gauge symmetry. Example applications of the results are the motion of “chameleon” bodies beyond the Newtonian limit, and the motion of bodies in (classical) non-Abelian gauge theory. I also make some comments on the role that scaling plays in the appearance of universality in the motion of bodies.

State-level gonorrhea rates and expedited partner therapy laws: insights from time series analyses.

PubMed

Owusu-Edusei, K; Cramer, R; Chesson, H W; Gift, T L; Leichliter, J S

2017-06-01

In this study, we examined state-level monthly gonorrhea morbidity and assessed the potential impact of existing expedited partner therapy (EPT) laws in relation to the time that the laws were enacted. Longitudinal study. We obtained state-level monthly gonorrhea morbidity (number of cases/100,000 for males, females and total) from the national surveillance data. We used visual examination (of morbidity trends) and an autoregressive time series model in a panel format with intervention (interrupted time series) analysis to assess the impact of state EPT laws based on the months in which the laws were enacted. For over 84% of the states with EPT laws, the monthly morbidity trends did not show any noticeable decreases on or after the laws were enacted. Although we found statistically significant decreases in gonorrhea morbidity within four of the states with EPT laws (Alaska, Illinois, Minnesota, and Vermont), there were no significant decreases when the decreases in the four states were compared contemporaneously with the decreases in states that do not have the laws. We found no impact (decrease in gonorrhea morbidity) attributable exclusively to the EPT law(s). However, these results do not imply that the EPT laws themselves were not effective (or failed to reduce gonorrhea morbidity), because the effectiveness of the EPT law is dependent on necessary intermediate events/outcomes, including sexually transmitted infection service providers' awareness and practice, as well as acceptance by patients and their partners. Published by Elsevier Ltd.

[Illegal professional conflict of interest from the viewpoint of the attorney].

PubMed

Broglie, M G

1998-10-01

Since the so called "heart-valve scandal" occurred in Germany, the practice of financially or otherwise supported hospitals and practicing doctors has to be critically re-examined and may be changed. The practice and acceptance of support is common in many areas of our daily life, however, due to governmental social laws regulating the flow of money and due to the various financial forms of support for the health care system, criminal violations and sanctions may arise. Aside from the existing standard criminal violations, a new law, as of has been enacted August 13, 1997-this law specifically deals with bribery and the acceptance of such illegal payments. Proving that such a criminal violation was committed by a physician can be very difficult for the prosecutor. The mass of procedural laws--aside from the substantive law requirements--cause problems for the state. It is also very difficult to determine the exact amount of damages or that a physician has gained an illegal advantage. In these specific and other general cases, a professional defense by a competent attorney is absolutely essential to prevent an unpleasant suit or to resolve charges outside of court. In some cases, it may even be possible to persuade the prosecutor to only levy a fine, if it is not possible to persuade him to drop the charges all together--for lack of good evidence.

Scaling laws for light-weight optics

NASA Technical Reports Server (NTRS)

Valente, Tina M.

1990-01-01

Scaling laws for light-weight optical systems are examined. A cubic relationship between mirror diameter and weight has been suggested and used by many designers of optical systems as the best description for all light-weight mirrors. A survey of existing light-weight systems in the open literature has been made to clarify this issue. Fifty existing optical systems were surveyed with all varieties of light-weight mirrors including glass and beryllium structured mirrors, contoured mirrors, and very thin solid mirrors. These mirrors were then categorized and weight to diameter ratio was plotted to find a best fit curve for each case. A best fitting curve program tests nineteen different equations and ranks a 'goodness of fit' for each of these equations. The resulting relationship found for each light-weight mirror category helps to quantify light-weight optical systems and methods of fabrication and provides comparisons between mirror types.

Smeed's law and expected road fatality reduction: An assessment of the Italian case.

PubMed

Persia, Luca; Gigli, Roberto; Usami, Davide Shingo

2015-12-01

Smeed's law defines the functional relationship existing between the fatality rate and the motorization rate.While focusing on the Italian case and based on the Smeed's law, the study assesses the possibility for Italy of reaching the target of halving the number of road fatalities by 2020, in light of the evolving socioeconomic situation. A Smeed's model has been calibrated based on the recorded Italian data. The evolution of the two indicators, fatality and motorization rates, has been estimated using the predictions of the main parameters (population, fleet size and fatalities). Those trends have been compared with the natural decreasing trend derived from the Smeed's law. Nine scenarios have been developed showing the relationship between the fatality rate and the motorization rate. In case of a limited increase (logistic regression) of the vehicle fleet and according to the estimated evolution of the population, the path defined by motorization and fatality rate is very steep, diverging from the estimated confidence interval of the Smeed's model. In these scenarios the motorization rate is almost constant during the decade. In the actual economic context, a limited development of the vehicle fleet is more plausible. In these conditions the target achievement of halving the number of fatalities in Italy may occur only in case of a structural break (i.e., the introduction of highly effective road safety policies). Practical application: The proposed tools can be used both to evaluate retrospectively the effectiveness of road safety improvements and to assess if a relevant effort is needed to reach the established road safety targets.

The concept of wrongful life in the law.

PubMed

Kasper, A S

1983-01-01

In the history of the law the concept of wrongful life is not new, but it has become of interest recently due to changing social attitudes and advances in contraceptive and genetic technologies. This discussion tries to assess the effects of wrongful life as a legal concept on the rights of childbearing women and their offspring. An unborn child had no rights under common law, which held that a fetus in utero had no existence separate from its mother. Consequently, a child had no right of action for personal harm brought upon it by another person. On occasion early courts disagreed with this view, but the majority of courts maintained that a child had no existence as a human being during gestation. The effect that this concept of common law would have on current abortion laws would be to make it considerably easier to argue for a woman's right to choose an abortion. The notion of wrongful life initially appeared in cases of illegitimate births. In Zepeda v. Zepeda, 1963, and Williams v. State of New York, 1966, the plaintiffs maintained that the children's births and existence were wrongful because they were unintended and illegitimate. In Williams the court ruled that birth under 1 set of circumstances and not another is not a recoverable injury. These cases failed to meet the requirements of tort law, and the court rejected the notion of children finding legal recourse for being born to a poor family or being born to a less desired race or class. A series of cases followed in which recovery for physical injury or birth deformities were claimed by parents for themselves and their children. In June 1980 a California appeals court reversed the decision of a lower court, addressing the fundamental principles of wrongful life as a legal concept. In Curlender v. Bio-Science Laboratories an infant brought suit alleging that the laboratories failed to correctly inform her parents of their status as carriers of Tay-Sachs disease during the mother's pregnancy. The infant was born with Tay-Sachs. This was the 1st case in which a court established that a child has a cause of action, separate from its parents, for a claim of wrongful life. In recognizing the child as an independent plaintiff the court established the child's right to allege that its life is wrongful, i.e., it should never have been born. The court in Curlender affirmed that the child's life, on its own, is of legitimate concern to the courts. A most forceful social issue raised here is the concept of quality of life and whether or not a life is worth living if burdened by debilitating injury. The court did not address the problems inherent in measuring quality of life from individual to individual, nor did it decide how a child must show injury to warrant recovery in court. The Curlender decision referred to the Roe v. Wade decision as a woman's legal right not to have a child, and by inference, as a child's legal right to be free of damage. By extension, Roe v. Wade could be interpreted as a legal right not to be born.

40 CFR 403.4 - State or local law.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 29 2011-07-01 2009-07-01 true State or local law. 403.4 Section 403.4... GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND NEW SOURCES OF POLLUTION § 403.4 State or local law... prohibitions, established by State or local law as long as the State or local requirements are not less...

40 CFR 403.4 - State or local law.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 28 2010-07-01 2010-07-01 true State or local law. 403.4 Section 403.4... GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND NEW SOURCES OF POLLUTION § 403.4 State or local law... prohibitions, established by State or local law as long as the State or local requirements are not less...

Legal aspects of genetic information.

PubMed Central

Andrews, L. B.

1991-01-01

The federally funded Human Genome Initiative will lead to the development of new capabilities to learn about an individual's genetic status. Legal issues are raised concerning patients' and other parties' access to that information. This article discusses the effect of existing statutes and case law on three pivotal questions: To what sort of information are people entitled? What control should people have over their genetic information? Do people have a right to refuse genetic information? The article emphasizes that the law protects a patient's right to obtain or refuse genetic information about oneself, as well as the right to control the dissemination of that information to others. PMID:1897258

The Extent of Public Education Nondiscrimination Policy Protections for Lesbian, Gay, Bisexual, and Transgender Students: A National Study

ERIC Educational Resources Information Center

Russo, Ronald G.

2006-01-01

This article examines education and governmental nondiscrimination policies to determine the status of anti-homophobia protections in the 51 states. A review of existing case law literature is provided to illustrate the effect homophobia has on all students, regardless of their sexual orientation, and to induce the development of new public…

Instream flow and water regime of selected riparian habitats in west-central Montana

Treesearch

Stephanie K. Mulica; Donald F. Potts; Robert D. Pfister

2002-01-01

Groundwater and surface water extraction and diversion for agricultural and human use has become common practice in the arid and semi-arid western United States. Surface water and groundwater are often not effectively managed during these processes, and few laws exist to protect riparian vegetation in the case of depletion of in-stream flows. "Instream flow"...

Evaluating oversight of human drugs and medical devices: a case study of the FDA and implications for nanobiotechnology.

PubMed

Paradise, Jordan; Tisdale, Alison W; Hall, Ralph F; Kokkoli, Efrosini

2009-01-01

This article evaluates the oversight of drugs and medical devices by the U.S. Food and Drug Administration (FDA) using an integration of public policy, law, and bioethics approaches and employing multiple assessment criteria, including economic, social, safety, and technological. Criteria assessment and expert elicitation are combined with existing literature, case law, and regulations in an integrative historical case studies approach. We then use our findings as a tool to explore possibilities for effective oversight and regulatory mechanisms for nanobiotechnology. Section I describes oversight mechanisms for human drugs and medical devices and presents current nanotechnology products. Section II describes the results of expert elicitation research. Section III highlights key criteria and relates them to the literature and larger debate. We conclude with broad lessons for the oversight of nanobiotechnology informed by Sections I-III in order to provide useful analysis from multiple disciplines and perspectives to guide discussions regarding appropriate FDA oversight.

Non-linear flow law of rockglacier creep determined from geomorphological observations: A case study from the Murtèl rockglacier (Engadin, SE Switzerland)

NASA Astrophysics Data System (ADS)

Frehner, Marcel; Amschwand, Dominik; Gärtner-Roer, Isabelle

2016-04-01

Rockglaciers consist of unconsolidated rock fragments (silt/sand-rock boulders) with interstitial ice; hence their creep behavior (i.e., rheology) may deviate from the simple and well-known flow-laws for pure ice. Here we constrain the non-linear viscous flow law that governs rockglacier creep based on geomorphological observations. We use the Murtèl rockglacier (upper Engadin valley, SE Switzerland) as a case study, for which high-resolution digital elevation models (DEM), time-lapse borehole deformation data, and geophysical soundings exist that reveal the exterior and interior architecture and dynamics of the landform. Rockglaciers often feature a prominent furrow-and-ridge topography. For the Murtèl rockglacier, Frehner et al. (2015) reproduced the wavelength, amplitude, and distribution of the furrow-and-ridge morphology using a linear viscous (Newtonian) flow model. Arenson et al. (2002) presented borehole deformation data, which highlight the basal shear zone at about 30 m depth and a curved deformation profile above the shear zone. Similarly, the furrow-and-ridge morphology also exhibits a curved geometry in map view. Hence, the surface morphology and the borehole deformation data together describe a curved 3D geometry, which is close to, but not quite parabolic. We use a high-resolution DEM to quantify the curved geometry of the Murtèl furrow-and-ridge morphology. We then calculate theoretical 3D flow geometries using different non-linear viscous flow laws. By comparing them to the measured curved 3D geometry (i.e., both surface morphology and borehole deformation data), we can determine the most adequate flow-law that fits the natural data best. Linear viscous models result in perfectly parabolic flow geometries; non-linear creep leads to localized deformation at the sides and bottom of the rockglacier while the deformation in the interior and top are less intense. In other words, non-linear creep results in non-parabolic flow geometries. Both the linear (power-law exponent, n=1) and strongly non-linear models (n=10) do not match the measured data well. However, the moderately non-linear models (n=2-3) match the data quite well indicating that the creep of the Murtèl rockglacier is governed by a moderately non-linear viscous flow law with a power-law exponent close to the one of pure ice. Our results are crucial for improving existing numerical models of rockglacier flow that currently use simplified (i.e., linear viscous) flow-laws. References: Arenson L., Hoelzle M., and Springman S., 2002: Borehole deformation measurements and internal structure of some rock glaciers in Switzerland, Permafrost and Periglacial Processes 13, 117-135. Frehner M., Ling A.H.M., and Gärtner-Roer I., 2015: Furrow-and-ridge morphology on rockglaciers explained by gravity-driven buckle folding: A case study from the Murtèl rockglacier (Switzerland), Permafrost and Periglacial Processes 26, 57-66.

25-hydroxyvitamin D and breast cancer, colorectal cancer, and colorectal adenomas: case-control versus nested case-control studies.

PubMed

Grant, William B

2015-02-01

Existing literature includes concerns regarding reliability of case-control studies of breast cancer incidence with respect to 25-hydroxyvitamin D (25(OH)D) concentrations. For breast cancer, only case-control studies consistently find inverse correlations between 25(OH)D and breast cancer. However, for colorectal cancer, nested case-control studies find significant inverse correlations with respect to 25(OH)D concentrations at baseline for mean follow-up times of 7 years. This is a review of results currently existing in literature. I provide evidence that 25(OH)D concentration values are only useful for short follow-up times for breast cancer since it develops rapidly. To support the robust nature of breast cancer case-control studies, I show that results from 11 studies from seven countries align in a robust power-law fit to the odds ratio versus mean 25(OH)D concentrations. Case-control studies of breast cancer incidence rates provide reliable results. Copyright© 2015 International Institute of Anticancer Research (Dr. John G. Delinassios), All rights reserved.

The Scattering of X-ray and the induction phenomenon

NASA Astrophysics Data System (ADS)

Fahd, Ziad A.; Mohanty, R. C., , Dr.

2004-11-01

This paper discusses the well-established Faraday's Law of Induction and the associated Lenz's law and compares these laws with a similar law which appears to exist in the triplet production process achieved by bombardment of emulsion with 0-9- Mev X-ray. This comparison shows that an induction-like process occurs during triplet production, leading to the supposition that a force which may be called the ``Matteromotive force'' exists for triplet production. An associated Lenz's-law-like law also appears to exist in this process. For this study, 1935 triplets were observed in 54433 fields of view of the microscopes; out of these, 1872 triplets were measured in the energy interval of 2-90 Mev. In addition, the angular distribution of recoil electrons was observed, and is presented in the paper.

The scattering of X-rays and the induction phenomenon

NASA Astrophysics Data System (ADS)

Mohanty, Rama

2005-03-01

This paper discusses the well-established Faraday’s Law of Induction and the associated Lenz’s law and compares these laws with a similar law which appears to exist in the triplet production process achieved by bombardment of emulsion with 0-9- Mev X-ray. This comparison shows that an induction-like process occurs during triplet production, leading to the supposition that a force which may be called the ``Matteromotive force'' exists for triplet production. An associated Lenz’s-law-like law also appears to exist in this process. For this study, 1935 triplets were observed in 54433 fields of view of the microscopes; out of these, 1872 triplets were measured in the energy interval of 2-90 Mev. In addition, the angular distribution of recoil electrons was observed, and is presented here.

Undoing Gender Through Legislation and Schooling: the Case of AB 537 and AB 394 IN California, USA

NASA Astrophysics Data System (ADS)

Knotts, Greg

2009-11-01

This article investigates California laws AB 537: The Student Safety and Violence Prevention Act of 2000, and the recently enacted AB 394: Safe Place to Learn Act. Both demand that gender identity and sexual orientation be added to the lexicon of anti-harassment protection in public education. However, despite these progressive measures, schools have an unconscious acceptance of heteronormativity and gendered norms, which undermines both the spirit and language of these laws. This paper examines how California schools can both change standard practices and realise the transformative social change that laws like AB 537 and AB 394 can instigate. I assert that the systemic implementation of these laws, through the adoption, enforcement and evaluation of existing AB 537 Task Force Recommendations, is necessary for their success. My second assertion is that AB 537 and AB 394 have the potential to change and reconstitute gender-based and heteronormative standards at school sites.

U. K. pressing campaign to improve offshore safety

DOE Office of Scientific and Technical Information (OSTI.GOV)

Knott, D.

1994-02-14

The U.K. government is making progress in its campaign to improve the safety of personnel working offshore. The government's Health and Safety Executive (HSE) plans to assess and pass judgment on at lease one safety plan, called a safety case, from each U.K. North Sea operator as soon as possible. HSE has agreed with the industry on a list of 61 priority safety cases, known as exemplars. Feedback from exemplar assessment will help operators review safety management and assist in preparation or revision of future safety cases. It also will give HSE practice in assessing a range of case types.more » The requirement for a safety program is part of new U.K. offshore legislation designed to prevent another accident similar to the Piper Alpha platform fire and explosion of 1988. After the transition period it will be against the law to operate an oil and gas installation in British waters without an accepted safety case. Besides existing installations, safety cases are also required for new installations reaching design stage by May 31, 1993, the date safety case regulations went into force. The paper describes the Cullen report, companies' experiences with the new law, and the safety assessment progress so far.« less

Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice

PubMed Central

Sills, Eric Scott; Murphy, Sarah Ellen

2009-01-01

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. PMID:19589140

Limitations on the Evolution of Quantum Coherences: Towards Fully Quantum Second Laws of Thermodynamics.

PubMed

Ćwikliński, Piotr; Studziński, Michał; Horodecki, Michał; Oppenheim, Jonathan

2015-11-20

The second law of thermodynamics places a limitation into which states a system can evolve into. For systems in contact with a heat bath, it can be combined with the law of energy conservation, and it says that a system can only evolve into another if the free energy goes down. Recently, it's been shown that there are actually many second laws, and that it is only for large macroscopic systems that they all become equivalent to the ordinary one. These additional second laws also hold for quantum systems, and are, in fact, often more relevant in this regime. They place a restriction on how the probabilities of energy levels can evolve. Here, we consider additional restrictions on how the coherences between energy levels can evolve. Coherences can only go down, and we provide a set of restrictions which limit the extent to which they can be maintained. We find that coherences over energy levels must decay at rates that are suitably adapted to the transition rates between energy levels. We show that the limitations are matched in the case of a single qubit, in which case we obtain the full characterization of state-to-state transformations. For higher dimensions, we conjecture that more severe constraints exist. We also introduce a new class of thermodynamical operations which allow for greater manipulation of coherences and study its power with respect to a class of operations known as thermal operations.

Legal and institutional aspects of regulating intermedia pollution

DOE Office of Scientific and Technical Information (OSTI.GOV)

Entman, R.M.

1980-05-01

Intermedia pollution is defined here as the creation of new environmental impacts by controlling existing ones. DOE asked four questions: (1) do the major environmental laws address intermedia pollution; (2) does the Environmental Protection Agency (EPA) have rules, regulations, and procedures through which it considers intermedia questions; (3) do the legislative histories of the laws indicate whether Congress intended for the EPA to consider intermedia issues; and (4) in what ways do the existing laws and regulatory procedures exacerbate intermedia pollution. The answer to the first three questions is yes; much of this report is devoted to amplifying and qualifyingmore » that response, the rest to answering the fourth question. The report frames these issues by asking how we can control the adverse environmental i.e., intermedia, impacts of EPA itself. A case study of the intermedia implications of recently issued air-pollution standards for coal-fired power plants illustrates the themes concretely. An analysis of policy alternatives for improving intermedia pollution control concludes the study. The major problems impending good intermedia policy decisions are: conflicts among and failures fully to implement environmental laws; political pressures; tendencies of EPA to minimize the adverse environmental consequences of its own actions; uncertainties caused by the rudimentary scientific understanding of intermedia pollution; and limitations on EPA's organizational ability to handle whatever complex intermedia information it does obtain. The final chapter assesses three policy responses to these problems: do nothing new; issue an incremental prod; and a new law and EPA suffice. Evaluation of these alternatives depends on how deficient current practices are thought to be.« less

Adolescent occupational fatalities in North Carolina (1990-2008): an investigation of child labor and OSHA violations and enforcement.

PubMed

Rauscher, Kimberly; Runyan, Carol

2012-01-01

This study investigated adolescent worker fatalities involving violations of the child labor laws and/or Occupational Safety and Health Administration (OSHA) standards, as well as the enforcement activity involved in each case. Medical examiner records were used to identify work-related deaths among adolescents ages 11-17 between 1990 and 2008 and child labor violations. Investigations from state and federal Departments of Labor (DOL) were used to determine inspection activity, identify OSHA violations, and confirm child labor violations. Fifty-two percent of cases involved one or more child labor violations. Nine cases were investigated by either the U.S. or North Carolina DOL; among them, four had child labor violations. Eleven cases were investigated by the North Carolina DOL and all involved OSHA violations. Significant child labor and OSHA violations exist in adolescent worker fatalities in North Carolina, and gaps exist in enforcement at both the federal and state level, signaling needed improvements in the protection of adolescent workers.

Geometry of Conservation Laws for a Class of Parabolic Partial Differential Equations

NASA Astrophysics Data System (ADS)

Clelland, Jeanne Nielsen

1996-08-01

I consider the problem of computing the space of conservation laws for a second-order, parabolic partial differential equation for one function of three independent variables. The PDE is formulated as an exterior differential system {cal I} on a 12 -manifold M, and its conservation laws are identified with the vector space of closed 3-forms in the infinite prolongation of {cal I} modulo the so -called "trivial" conservation laws. I use the tools of exterior differential systems and Cartan's method of equivalence to study the structure of the space of conservation laws. My main result is:. Theorem. Any conservation law for a second-order, parabolic PDE for one function of three independent variables can be represented by a closed 3-form in the differential ideal {cal I} on the original 12-manifold M. I show that if a nontrivial conservation law exists, then {cal I} has a deprolongation to an equivalent system {cal J} on a 7-manifold N, and any conservation law for {cal I} can be expressed as a closed 3-form on N which lies in {cal J}. Furthermore, any such system in the real analytic category is locally equivalent to a system generated by a (parabolic) equation of the formA(u _{xx}u_{yy}-u_sp {xy}{2}) + B_1u_{xx }+2B_2u_{xy} +B_3u_ {yy}+C=0crwhere A, B_{i}, C are functions of x, y, t, u, u_{x}, u _{y}, u_{t}. I compute the space of conservation laws for several examples, and I begin the process of analyzing the general case using Cartan's method of equivalence. I show that the non-linearizable equation u_{t} = {1over2}e ^{-u}(u_{xx}+u_ {yy})has an infinite-dimensional space of conservation laws. This stands in contrast to the two-variable case, for which Bryant and Griffiths showed that any equation whose space of conservation laws has dimension 4 or more is locally equivalent to a linear equation, i.e., is linearizable.

A Numerical Investigation of the Burnett Equations Based on the Second Law

NASA Technical Reports Server (NTRS)

Comeaux, Keith A.; Chapman, Dean R.; MacCormack, Robert W.; Edwards, Thomas A. (Technical Monitor)

1995-01-01

The Burnett equations have been shown to potentially violate the second law of thermodynamics. The objective of this investigation is to correlate the numerical problems experienced by the Burnett equations to the negative production of entropy. The equations have had a long history of numerical instability to small wavelength disturbances. Recently, Zhong corrected the instability problem and made solutions attainable for one dimensional shock waves and hypersonic blunt bodies. Difficulties still exist when attempting to solve hypersonic flat plate boundary layers and blunt body wake flows, however. Numerical experiments will include one-dimensional shock waves, quasi-one dimensional nozzles, and expanding Prandlt-Meyer flows and specifically examine the entropy production for these cases.

A law of the wall for turbulent boundary layers with suction: Stevenson's formula revisited

NASA Astrophysics Data System (ADS)

Vigdorovich, Igor

2016-08-01

The turbulent velocity field in the viscous sublayer of the boundary layer with suction to a first approximation is homogeneous in any direction parallel to the wall and is determined by only three constant quantities — the wall shear stress, the suction velocity, and the fluid viscosity. This means that there exists a finite algebraic relation between the turbulent shear stress and the longitudinal mean-velocity gradient, using which as a closure condition for the equations of motion, we establish an exact asymptotic behavior of the velocity profile at the outer edge of the viscous sublayer. The obtained relationship provides a generalization of the logarithmic law to the case of wall suction.

Exact Derivation of a Finite-Size Scaling Law and Corrections to Scaling in the Geometric Galton-Watson Process

PubMed Central

Corral, Álvaro; Garcia-Millan, Rosalba; Font-Clos, Francesc

2016-01-01

The theory of finite-size scaling explains how the singular behavior of thermodynamic quantities in the critical point of a phase transition emerges when the size of the system becomes infinite. Usually, this theory is presented in a phenomenological way. Here, we exactly demonstrate the existence of a finite-size scaling law for the Galton-Watson branching processes when the number of offsprings of each individual follows either a geometric distribution or a generalized geometric distribution. We also derive the corrections to scaling and the limits of validity of the finite-size scaling law away the critical point. A mapping between branching processes and random walks allows us to establish that these results also hold for the latter case, for which the order parameter turns out to be the probability of hitting a distant boundary. PMID:27584596

Scaling laws for light weight optics, studies of light weight mirrors mounting and dynamic mirror stress, and light weight mirror and mount designs

NASA Technical Reports Server (NTRS)

Vukobratovich, Daniel; Richard, Ralph M.; Valente, Tina M.; Cho, Myung K.

1990-01-01

Scaling laws for light-weight optical systems are examined. A cubic relationship between mirror diameter and weight has been suggested and used by many designers of optical systems as the best description for all light-weight mirrors. A survey of existing light-weight systems in the open literature was made to clarify this issue. Fifty existing optical systems were surveyed with all varieties of light-weight mirrors including glass and beryllium structured mirrors, contoured mirrors, and very thin solid mirrors. These mirrors were then categorized and weight to diameter ratio was plotted to find a best curve for each case. A best fitting curve program tests nineteen different equations and ranks a goodness-to-fit for each of these equations. The resulting relationship found for each light-weight mirror category helps to quantify light-weight optical systems and methods of fabrication and provides comparisons between mirror types.

Pain clinic definitions in the medical literature and U.S. state laws: an integrative systematic review and comparison.

PubMed

Andraka-Christou, Barbara; Rager, Joshua B; Brown-Podgorski, Brittany; Silverman, Ross D; Watson, Dennis P

2018-05-22

In response to widespread opioid misuse, ten U.S. states have implemented regulations for facilities that primarily manage and treat chronic pain, called "pain clinics." Whether a clinic falls into a state's pain clinic definition determines the extent to which it is subject to oversight. It is unclear whether state pain clinic definitions model those found in the medical literature, and potential differences lead to discrepancies between scientific and professionally guided advice found in the medical literature and actual pain clinic practice. Identifying discrepancies could assist states to design laws that are more compatible with best practices suggested in the medical literature. We conducted an integrative systematic review to create a taxonomy of pain clinic definitions using academic medical literature. We then identified existing U.S. state pain clinic statutes and regulations and compared the developed taxonomy using a content analysis approach to understand the extent to which medical literature definitions are reflected in state policy. In the medical literature, we identified eight categories of pain clinic definitions: 1) patient case mix; 2) single-modality treatment; 3) multidisciplinary treatment; 4) interdisciplinary treatment; 5) provider supervision; 6) provider composition; 7) marketing; and 8) outcome. We identified ten states with pain clinic laws. State laws primarily include the following definitional categories: patient case mix; single-modality treatment, and marketing. Some definitional categories commonly found in the medical literature, such as multidisciplinary treatment and interdisciplinary treatment, rarely appear in state law definitions. This is the first study to our knowledge to develop a taxonomy of pain clinic definitions and to identify differences between pain clinic definitions in U.S. state law and medical literature. Future work should explore the impact of different legal pain clinic definitions on provider decision-making and state-level health outcomes.

40 CFR 401.12 - Law authorizing establishment of effluent limitations guidelines for existing sources, standards...

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 29 2011-07-01 2009-07-01 true Law authorizing establishment of effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment standards of new and existing sources. 401.12 Section 401.12 Protection of Environment...

29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges... Practices 1 Hearings § 102.35 Duties and powers of administrative law judges; stipulations of cases to...

Orbital stability and energy estimate of ground states of saturable nonlinear Schrödinger equations with intensity functions in R2

NASA Astrophysics Data System (ADS)

Lin, Tai-Chia; Wang, Xiaoming; Wang, Zhi-Qiang

2017-10-01

Conventionally, the existence and orbital stability of ground states of nonlinear Schrödinger (NLS) equations with power-law nonlinearity (subcritical case) can be proved by an argument using strict subadditivity of the ground state energy and the concentration compactness method of Cazenave and Lions [4]. However, for saturable nonlinearity, such an argument is not applicable because strict subadditivity of the ground state energy fails in this case. Here we use a convexity argument to prove the existence and orbital stability of ground states of NLS equations with saturable nonlinearity and intensity functions in R2. Besides, we derive the energy estimate of ground states of saturable NLS equations with intensity functions using the eigenvalue estimate of saturable NLS equations without intensity function.

Slip-Size Distribution and Self-Organized Criticality in Block-Spring Models with Quenched Randomness

NASA Astrophysics Data System (ADS)

Sakaguchi, Hidetsugu; Kadowaki, Shuntaro

2017-07-01

We study slowly pulling block-spring models in random media. Second-order phase transitions exist in a model pulled by a constant force in the case of velocity-strengthening friction. If external forces are slowly increased, nearly critical states are self-organized. Slips of various sizes occur, and the probability distributions of slip size roughly obey power laws. The exponent is close to that in the quenched Edwards-Wilkinson model. Furthermore, the slip-size distributions are investigated in cases of Coulomb friction, velocity-weakening friction, and two-dimensional block-spring models.

Navigating the legal and ethical foundations of informed consent and confidentiality in integrated primary care.

PubMed

Hudgins, Cathy; Rose, Sandra; Fifield, Peter Y; Arnault, Steve

2013-03-01

This article describes findings from ongoing research and analysis of current literature in addition to discussions with leaders in the field, communications with lawyers and administrators of advocacy and government agencies pertaining to integrated primary care (IPC). Standards of care are established based on a myriad of factors, including professional codes of ethics, case law, state and federal laws, professional standards, existing best practices, current professional guidelines, administrative rules and regulations, and licensing board regulations. Regulations may differ for behavioral health and medical providers, posing challenges in IPC settings. This article provides a review of these regulations, particularly 42CFR Part 2, a federal law governing confidentiality for substance abuse programs, Health Insurance Portability and Accountability Act (HIPAA), and state laws relevant to patient care in IPC settings. On the basis of findings from the study, the authors make recommendations related to patient care practices concerning informed consent and release of information procedures, treatment and warm hand-off protocols, documentation and electronic record keeping, agreements with other providers, and billing. (PsycINFO Database Record (c) 2013 APA, all rights reserved).

Thermodynamic constraints on fluctuation phenomena

NASA Astrophysics Data System (ADS)

Maroney, O. J. E.

2009-12-01

The relationships among reversible Carnot cycles, the absence of perpetual motion machines, and the existence of a nondecreasing globally unique entropy function form the starting point of many textbook presentations of the foundations of thermodynamics. However, the thermal fluctuation phenomena associated with statistical mechanics has been argued to restrict the domain of validity of this basis of the second law of thermodynamics. Here we demonstrate that fluctuation phenomena can be incorporated into the traditional presentation, extending rather than restricting the domain of validity of the phenomenologically motivated second law. Consistency conditions lead to constraints upon the possible spectrum of thermal fluctuations. In a special case this uniquely selects the Gibbs canonical distribution and more generally incorporates the Tsallis distributions. No particular model of microscopic dynamics need be assumed.

Thermodynamic constraints on fluctuation phenomena.

PubMed

Maroney, O J E

2009-12-01

The relationships among reversible Carnot cycles, the absence of perpetual motion machines, and the existence of a nondecreasing globally unique entropy function form the starting point of many textbook presentations of the foundations of thermodynamics. However, the thermal fluctuation phenomena associated with statistical mechanics has been argued to restrict the domain of validity of this basis of the second law of thermodynamics. Here we demonstrate that fluctuation phenomena can be incorporated into the traditional presentation, extending rather than restricting the domain of validity of the phenomenologically motivated second law. Consistency conditions lead to constraints upon the possible spectrum of thermal fluctuations. In a special case this uniquely selects the Gibbs canonical distribution and more generally incorporates the Tsallis distributions. No particular model of microscopic dynamics need be assumed.

The Theory of Thermodynamic Systems with Internal Variables of State: Necessary and Sufficient Conditions for Compliance with the Second Law of Thermodynamics

NASA Astrophysics Data System (ADS)

Shnip, A. I.

2018-01-01

Based on the entropy-free thermodynamic approach, a generalized theory of thermodynamic systems with internal variables of state is being developed. For the case of nonlinear thermodynamic systems with internal variables of state and linear relaxation, the necessary and sufficient conditions have been proved for fulfillment of the second law of thermodynamics in entropy-free formulation which, according to the basic theorem of the theory, are also necessary and sufficient for the existence of a thermodynamic potential. Moreover, relations of correspondence between thermodynamic systems with memory and systems with internal variables of state have been established, as well as some useful relations in the spaces of states of both types of systems.

The effect of public disclosure laws on biomedical research.

PubMed

Cardon, Andrew D; Bailey, Matthew R; Bennett, B Taylor

2012-05-01

The Freedom of Information Act (FOIA) and state 'open-records' laws govern access to records in the possession of federal agencies and state entities, such as public universities. Although these laws are intended to promote 'open government' and to assure the existence of an informed citizenry capable of holding government officials accountable for their decisions, an inherent tension exists between the public's access to information and biomedical research institutions' need to ensure the confidentiality of proprietary records and to protect the personal safety of employees. Recognizing these and other conflicts, the federal FOIA and state public-disclosure laws contain express exemptions to protect sensitive information from disclosure. Although some state open-records laws are modeled after the federal FOIA, important differences exist based on the language used by the state law, court interpretations, and exemptions. Two specific types of exemptions are particularly relevant to research facilities: exemptions for research information and exemptions for personal information. Responding to FOIA and state open-records requests requires knowledge of relevant laws and the involvement of all interested parties to facilitate a coordinated and orderly response.

Developments in Indian Law from September 1, 1978 through August 31, 1979.

ERIC Educational Resources Information Center

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)

New approach for simulating groundwater flow in discrete fracture network

NASA Astrophysics Data System (ADS)

Fang, H.; Zhu, J.

2017-12-01

In this study, we develop a new approach to calculate groundwater flowrate and hydraulic head distribution in two-dimensional discrete fracture network (DFN) where both laminar and turbulent flows co-exist in individual fractures. The cubic law is used to calculate hydraulic head distribution and flow behaviors in fractures where flow is laminar, while the Forchheimer's law is used to quantify turbulent flow behaviors. Reynolds number is used to distinguish flow characteristics in individual fractures. The combination of linear and non-linear equations is solved iteratively to determine flowrates in all fractures and hydraulic heads at all intersections. We examine potential errors in both flowrate and hydraulic head from the approach of uniform flow assumption. Applying the cubic law in all fractures regardless of actual flow conditions overestimates the flowrate when turbulent flow may exist while applying the Forchheimer's law indiscriminately underestimate the flowrate when laminar flows exist in the network. The contrast of apertures of large and small fractures in the DFN has significant impact on the potential errors of using only the cubic law or the Forchheimer's law. Both the cubic law and Forchheimer's law simulate similar hydraulic head distributions as the main difference between these two approaches lies in predicting different flowrates. Fracture irregularity does not significantly affect the potential errors from using only the cubic law or the Forchheimer's law if network configuration remains similar. Relative density of fractures does not significantly affect the relative performance of the cubic law and Forchheimer's law.

Naval Law Review. Volume 64, 2015

DTIC Science & Technology

2016-03-16

Supreme Court noted that concepts of ownership of or title to natural resources such as natural gas, minerals, landfill areas, birds, fish and other...unappropriated water is consistent with the approach the Supreme Court has taken in cases involving the use or disposition of water in the Western states.6...existing rights.12 In California Oregon Power Co. v. Beaver Portland Cement Co., the Supreme Court held that the effect of the Desert Land Act was

Thermodynamics of Sultana-Dyer black hole

DOE Office of Scientific and Technical Information (OSTI.GOV)

Majhi, Bibhas Ranjan, E-mail: bibhas.majhi@mail.huji.ac.il

The thermodynamical entities on the dynamical horizon are not naturally defined like the usual static cases. Here I find the temperature, Smarr formula and the first law of thermodynamics for the Sultana-Dyer metric which is related to the Schwarzschild spacetime by a time dependent conformal factor. To find the temperature (T), the chiral anomaly expressions for the two dimensional spacetime are used. This shows an application of the anomaly method to study Hawking effect for a dynamical situation. Moreover, the analysis singles out one expression for temperature among two existing expressions in the literature. Interestingly, the present form satisfies themore » first law of thermodynamics. Also, it relates the Misner-Sharp energy (Ē) and the horizon entropy ( S-bar ) by an algebraic expression Ē = 2 S-bar T which is the general form of the Smarr formula. This fact is similar to the usual static black hole cases in Einstein's gravity where the energy is identified as the Komar conserved quantity.« less

[Legal recognition of transsexuality in Chile through the judicial procedure for name change].

PubMed

Muñoz León, Fernando

2015-08-01

Do transsexual people in Chile have a right to have their gender identity or their sex reassignment legally recognized? The absence of any legislation on gender identity or transsexualism could lead us to believe that it is not the case. However, a quantitative review of decisions issued by Chilean courts during the last years on name-and sex-change requests filed by transsexual people reveals that most of these courts have accepted these requests. From the perspective of the well-being of transsexual people, this is a positive result. However, the fact that a few rejections exist reminds us of the need to enact an explicit legislation in this issue. Lastly, a qualitative analysis of those decisions suggests that the traditional reluctance of courts to interpret the law in a creative way has been overcome in these cases by the use of knowledge and discourses belonging to healthcare sciences. This is an example of an epistemological complementariness between medicine and law.

Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws

PubMed Central

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-01-01

Fifty years after the passage of Civil Rights Act, minority healthcare remains separate and unequal. We combine insights from Civil Rights Law and research on racial-disparities to understand whether stronger enforcement of existing Civil Rights laws would improve minority healthcare today, or whether complementary approaches are also necessary. Despite earlier success, modern challenges to improving minority healthcare are different than those confronted during de jure segregation. We review these challenges and the potential effectiveness of existing Civil Rights legislation in overcoming them. We conclude that enforcement could be strengthened by executive orders that strengthen existing laws, but Congressional action would be required to allow private individuals to bring suits against discriminatory providers. We contrast the relative benefits of this approach to wider non-litigation-based solutions. We conclude that a combination of the two approaches would better address the challenge of improving minority healthcare in the 21st century. PMID:28583962

Smoke-free laws, gender, and reduction in hospitalizations for acute myocardial infarction.

PubMed

Hahn, Ellen J; Rayens, Mary Kay; Burkhart, Patricia V; Moser, Debra K

2011-01-01

We examined gender differences in the incidence of acute myocardial infarction (AMI) after the passage of a smoke-free law in Lexington, Kentucky. The initial legislation had exemptions not covering manufacturing facilities and government buildings, which may have put men at greater risk for AMI. We examined the effect of Lexington's smoke-free public places law on hospitalizations for AMI (i.e., heart attack) among men and women 40 months prior to and 32 months after enactment of the law. We used the statewide administrative database (Comp Data) for all hospital billing records for the four health-care systems in Lexington-Fayette County. Cases were included in the analysis if (1) the patient was $35 years of age; (2) the patient had a primary discharge diagnosis of AMI, with an International Classification of Diseases, Ninth Revision code in the range of 410.00 to 410.99; and (3) the date of service was between January 1, 2001, and December 31, 2006. Among women, AMI hospitalizations declined 23% after the law took effect. The rate of AMI events among men did not change significantly. There was an overrepresentation of women in the hospitality industry and a disproportionate number of men working in manufacturing facilities and government worksites not mandated by the law. We found gender differences in the reduction of AMI hospitalizations following implementation of a smoke-free law that covered only some sectors of the workforce. Enacting smoke-free laws that cover all places of employment and strengthening existing partial laws may extend protection against AMIs to female and male workers.

Sub-discretized surface model with application to contact mechanics in multi-body simulation

DOE Office of Scientific and Technical Information (OSTI.GOV)

Johnson, S; Williams, J

2008-02-28

The mechanics of contact between rough and imperfectly spherical adhesive powder grains are often complicated by a variety of factors, including several which vary over sub-grain length scales. These include several traction factors that vary spatially over the surface of the individual grains, including high energy electron and acceptor sites (electrostatic), hydrophobic and hydrophilic sites (electrostatic and capillary), surface energy (general adhesion), geometry (van der Waals and mechanical), and elasto-plastic deformation (mechanical). For mechanical deformation and reaction, coupled motions, such as twisting with bending and sliding, as well as surface roughness add an asymmetry to the contact force which invalidatesmore » assumptions for popular models of contact, such as the Hertzian and its derivatives, for the non-adhesive case, and the JKR and DMT models for adhesive contacts. Though several contact laws have been offered to ameliorate these drawbacks, they are often constrained to particular loading paths (most often normal loading) and are relatively complicated for computational implementation. This paper offers a simple and general computational method for augmenting contact law predictions in multi-body simulations through characterization of the contact surfaces using a hierarchically-defined surface sub-discretization. For the case of adhesive contact between powder grains in low stress regimes, this technique can allow a variety of existing contact laws to be resolved across scales, allowing for moments and torques about the contact area as well as normal and tangential tractions to be resolved. This is especially useful for multi-body simulation applications where the modeler desires statistical distributions and calibration for parameters in contact laws commonly used for resolving near-surface contact mechanics. The approach is verified against analytical results for the case of rough, elastic spheres.« less

Language and Content: The Case of Law.

ERIC Educational Resources Information Center

Beasley, Colin J.

A discussion of the teaching and learning of English for special purposes focuses on the interrelationship of content and language, particularly in the case of education for the legal professions. It is noted that law students must both study a large corpus of case and statute law and legal principles and learn the language of the law, with its…

75 FR 59743 - Public Land Order No. 7751; Revocation of the Withdrawal Established by Executive Order Dated...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-28

... land to the operation of the public land laws, subject to valid existing rights and other segregations... existing withdrawals, other segregations of record, and the requirements of applicable law, the public land...

Extraterritoriality for cross-border reproductive care: should states act against citizens travelling abroad for illegal infertility treatment?

PubMed

Van Hoof, Wannes; Pennings, Guido

2011-11-01

Since the development of assisted reproduction technologies, there has been discussion on which people should have access to these technologies and which treatments and techniques are morally acceptable. However, national legislation can no longer determine what citizens do. Some countries react to their citizens going abroad to evade restrictions by implementing even more restrictive laws. Turkey has recently become the first state to ban reproductive travel in pursuit of donor gametes. Several states in Australia have enacted or are considering laws that prohibit international commercial surrogacy. This article investigates the consistency and morality of several state reactions to cross-border reproductive care (CBRC), including extraterritorial regulation. The only widespread existing extraterritorial regulation of private life concerns female genital cutting (FGC), sex with children and (largely in the past) abortion. This discussion develops an analogy with these cross-border crimes to evaluate the morality of similar legislation in cases of CBRC. The dissimilarity in these analogies shows that extraterritoriality is a radical position that is generally inappropriate in the case of CBRC. Subsequently, several potential state reactions to CBRC for law evasion are considered. It is concluded that legislation of CBRC should be modest, tolerant and nuanced. Copyright © 2011 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

Rediscovering Kepler's laws using Newton's gravitation law and NASA data

NASA Astrophysics Data System (ADS)

Springsteen, Paul; Keith, Jason

2010-03-01

Kepler's three laws of planetary motion were originally discovered by using data acquired from Tycho Brache's naked eye observations of the planets. We show how Kepler's third law can be reproduced using planetary data from NASA. We will also be using Newton's Gravitational law to explain why Kepler's three laws exist as they do.

Inter-occurrence times and universal laws in finance, earthquakes and genomes

NASA Astrophysics Data System (ADS)

Tsallis, Constantino

2016-07-01

A plethora of natural, artificial and social systems exist which do not belong to the Boltzmann-Gibbs (BG) statistical-mechanical world, based on the standard additive entropy $S_{BG}$ and its associated exponential BG factor. Frequent behaviors in such complex systems have been shown to be closely related to $q$-statistics instead, based on the nonadditive entropy $S_q$ (with $S_1=S_{BG}$), and its associated $q$-exponential factor which generalizes the usual BG one. In fact, a wide range of phenomena of quite different nature exist which can be described and, in the simplest cases, understood through analytic (and explicit) functions and probability distributions which exhibit some universal features. Universality classes are concomitantly observed which can be characterized through indices such as $q$. We will exhibit here some such cases, namely concerning the distribution of inter-occurrence (or inter-event) times in the areas of finance, earthquakes and genomes.

Effective Power-Law Dependence of Lyapunov Exponents on the Central Mass in Galaxies

NASA Technical Reports Server (NTRS)

Delis, N.; Efthymiopoulos, C.; Kalapotharakos, C.

2015-01-01

Using both numerical and analytical approaches, we demonstrate the existence of an effective power-law relation L alpha m(sup p) between themean Lyapunov exponent L of stellar orbits chaotically scattered by a supermassive black hole (BH) in the centre of a galaxy and the mass parameter m, i.e. ratio of the mass of the BH over the mass of the galaxy. The exponent p is found numerically to obtain values in the range p approximately equals 0.3-0.5. We propose a theoretical interpretation of these exponents, based on estimates of local 'stretching numbers', i.e. local Lyapunov exponents at successive transits of the orbits through the BH's sphere of influence. We thus predict p = 2/3 - q with q approximately equaling 0.1-0.2. Our basic model refers to elliptical galaxy models with a central core. However, we find numerically that an effective power-law scaling of L with m holds also in models with central cusp, beyond a mass scale up to which chaos is dominated by the influence of the cusp itself. We finally show numerically that an analogous law exists also in disc galaxies with rotating bars. In the latter case, chaotic scattering by the BH affects mainly populations of thick tube-like orbits surrounding some low-order branches of the x(sub 1) family of periodic orbits, as well as its bifurcations at low-order resonances, mainly the inner Lindblad resonance and the 4/1 resonance. Implications of the correlations between L and m to determining the rate of secular evolution of galaxies are discussed.

Inverse square law isothermal property in relativistic charged static distributions

NASA Astrophysics Data System (ADS)

Hansraj, Sudan; Qwabe, Nkululeko

2017-12-01

We analyze the impact of the inverse square law fall-off of the energy density in a charged isotropic spherically symmetric fluid. Initially, we impose a linear barotropic equation of state p = αρ but this leads to an intractable differential equation. Next, we consider the neutral isothermal metric of Saslaw et al. [Phys. Rev. D 13, 471 (1996)] in an electric field and the usual inverse square law of energy density and pressure results thus preserving the equation of state. Additionally, we discard a linear equation of state and endeavor to find new classes of solutions with the inverse square law fall-off of density. Certain prescribed forms of the spatial and temporal gravitational forms result in new exact solutions. An interesting result that emerges is that while isothermal fluid spheres are unbounded in the neutral case, this is not so when charge is involved. Indeed it was found that barotropic equations of state exist and hypersurfaces of vanishing pressure exist establishing a boundary in practically all models. One model was studied in depth and found to satisfy other elementary requirements for physical admissibility such as a subluminal sound speed as well as gravitational surface redshifts smaller than 2. Buchdahl [Acta Phys. Pol. B 10, 673 (1965)], Böhmer and Harko [Gen. Relat. Gravit. 39, 757 (2007)] and Andréasson [Commum. Math. Phys. 198, 507 (2009)] mass-radius bounds were also found to be satisfied. Graphical plots utilizing constants selected from the boundary conditions established that the model displayed characteristics consistent with physically viable models.

Modern negligence law: Contribution of the medical cases.

PubMed

Hodgson, John

The law on medical negligence is part of the law of negligence generally. It has played a significant part in developing two key aspects of the law. There are special rules to determine the standard of care expected of experts when advising and solving problems, and medical cases have largely shaped the law. Although cases on causation may arise in any area, several of the key cases happen to be medical ones. They are particularly likely to assist where there are alternative causes, as it is often difficult to distinguish the effects of disease from those of inappropriate treatment.

Security Assistance Rationales: The Soviet Union and Eastern Europe.

DTIC Science & Technology

1983-12-01

of knowledge and as an analytical prism, it reflects an image of the existing social order and the distinctive analytical instruments (dialectical laws...desiderata through reliance on an external factor; the Soviet Union. In the case of Romania, Ceausescu rede - fined the parties desiderata more in line with...forces in the world. For in a climate of anti-Soviet hatred, attacks on socialism and on world peace can be more easily perpetrated. The history of

Weapon System Acquisitions: Opportunities Exist to Improve the Department of Defense’s Portfolio Management

DTIC Science & Technology

2015-08-01

Acknowledgments 55 Tables Table 1: Key Elements to Include in Portfolio Reviews and How They May Help the Portfolio Manager 9 Table 2: Key...and in some cases, potentially duplicative investments. We and others have found that leading commercial companies use portfolio management—a...law have authority to organize, train, and equip their services.5 They make initial decisions regarding what to buy, how to buy it, and how much it

Basics of employment law: understanding and dealing with adverse employment actions and discrimination in the workplace.

PubMed

Ramsey, James J

2005-09-01

In the present setting of fiscal and other constraints placed upon the business world during economically challenging times, there exists both intentional and unintentional opportunities for unfair and illegal treatment of employees. Hospitals and other health care facilities or organizations are not immune. In fact, given the demographics of our field and the general "graying" of our colleagues, a disproportionately higher number of perfusionists reside within the age-protected guidelines established by both federal and state law. Not coincidentally, the pressures on hospitals to stay solvent in the presence of decreasing reimbursement and declining revenues may well create a prescription for unfair treatment of employees. This article will explain the basic concepts of the protections afforded employees by law with regard to freedom from harassment and discrimination in the workplace. Matters related to the hostile workplace environment; age, sex, and race discrimination; and adverse employment actions will be explained and illustrated by applicable case law. In this regard, it is intended that this article will enhance the opportunity for perfusionists to be cognizant of both the express and implied behaviors (both verbal and nonverbal) that may be detrimental to an employment situation, as well as to be cognizant of some of the remedies at law available regarding adverse employment circumstances.

Compliance of LC50 and NOEC data with Benford's Law: an indication of reliability?

PubMed

de Vries, Pepijn; Murk, Albertinka J

2013-12-01

Reliability of research data is essential, especially when potentially far-reaching conclusions will be based on them. This is also, amongst others, the case for ecotoxicological data used in risk assessment. Currently, several approaches are available to classify the reliability of ecotoxicological data. The process of classification, such as using the Klimisch score, is time-consuming and focuses on the application of standardised protocols and the documentation of the study. The presence of irregularities and the integrity of the performed work, however, are not addressed. The present study shows that Benford's Law, based on the occurrence of first digits following a logarithmic scale, can be applied to ecotoxicity test data for identifying irregularities. This approach is already successfully applied in accounting. Benford's Law can be used as reliability indicator, in addition to existing reliability classifications. The law can be used to efficiently trace irregularities in large data sets of interpolated (no) effect concentrations such as LC50s (possibly the result of data manipulation), without having to evaluate the source of each individual record. Application of the law to systems in which large amounts of toxicity data are registered (e.g., European Commission Regulation concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals) can therefore be valuable. © 2013 Elsevier Inc. All rights reserved.

Protecting Adolescents' Right to Seek Treatment for Sexually Transmitted Diseases without Parental Consent: The Arizona Experience with Senate Bill 1309

PubMed Central

Goodwin, Kimberly D.; Taylor, Melanie M.; Brown, Erin C. Fuse; Winscott, Michelle; Scanlon, Megan; Hodge, James G.; Mickey, Tom; England, Bob

2012-01-01

In 2010, Senate Bill 1309 included language to repeal an existing Arizona law that enables minors younger than 18 years of age to seek diagnosis and treatment of sexually transmitted diseases (STDs) without parental consent. Numerous implications were identified that would have stemmed from parental consent provisions originally proffered in Senate Bill 1309. These implications included diminished access to essential health services among minors, exacerbated existing health disparities, increased health-care spending costs, and thwarted efforts to curb the spread of STDs. Lastly, minors would have been deprived of existing privacy protections concerning their STD-related medical information. This case study describes how collaborative advocacy efforts resulted in the successful amendment of Senate Bill 1309 to avert the negative sexual and reproductive health outcomes among adolescents stemming from the potential repeal of their existing legal right to seek STD treatment without parental consent. PMID:22547855

Protecting adolescents' right to seek treatment for sexually transmitted diseases without parental consent: the Arizona experience with Senate Bill 1309.

PubMed

Goodwin, Kimberly D; Taylor, Melanie M; Brown, Erin C Fuse; Winscott, Michelle; Scanlon, Megan; Hodge, James G; Mickey, Tom; England, Bob

2012-01-01

In 2010, Senate Bill 1309 included language to repeal an existing Arizona law that enables minors younger than 18 years of age to seek diagnosis and treatment of sexually transmitted diseases (STDs) without parental consent. Numerous implications were identified that would have stemmed from parental consent provisions originally proffered in Senate Bill 1309. These implications included diminished access to essential health services among minors, exacerbated existing health disparities, increased health-care spending costs, and thwarted efforts to curb the spread of STDs. Lastly, minors would have been deprived of existing privacy protections concerning their STD-related medical information. This case study describes how collaborative advocacy efforts resulted in the successful amendment of Senate Bill 1309 to avert the negative sexual and reproductive health outcomes among adolescents stemming from the potential repeal of their existing legal right to seek STD treatment without parental consent.

The inference from a single case: moral versus scientific inferences in implementing new biotechnologies.

PubMed

Hofmann, B

2008-06-01

Are there similarities between scientific and moral inference? This is the key question in this article. It takes as its point of departure an instance of one person's story in the media changing both Norwegian public opinion and a brand-new Norwegian law prohibiting the use of saviour siblings. The case appears to falsify existing norms and to establish new ones. The analysis of this case reveals similarities in the modes of inference in science and morals, inasmuch as (a) a single case functions as a counter-example to an existing rule; (b) there is a common presupposition of stability, similarity and order, which makes it possible to reason from a few cases to a general rule; and (c) this makes it possible to hold things together and retain order. In science, these modes of inference are referred to as falsification, induction and consistency. In morals, they have a variety of other names. Hence, even without abandoning the fact-value divide, there appear to be similarities between inference in science and inference in morals, which may encourage communication across the boundaries between "the two cultures" and which are relevant to medical humanities.

Risk factors associated with legal interventions.

PubMed

Holloway-Beth, Alfreda; Forst, Linda; Lippert, Julia; Brandt-Rauf, Sherry; Freels, Sally; Friedman, Lee

Current research regarding injuries caused during interactions between police officers and civilians is conducted intermittently or on a very narrow sample frame which provides very little clinical information about the injuries suffered or the adverse outcomes. The aim of this study is to identify comorbid risk factors and describe acute outcomes of medically treated traumatic injuries occurring as a result of contact with law enforcement personnel. For this retrospective study, patients injured as a result of contact with law enforcement personnel were identified using ICD-9 external cause of injury codes from medical record databases of patients treated in all hospitals and trauma units in Illinois between 2000 and 2009. A total of 836 cases injured as a result of contact with law enforcement personnel were identified. These patients were more likely to suffer from substance abuse, depression, schizophrenia, and paralytic disorders compared to the reference cases. Persons injured as a result of contact with law enforcement personnel were predominately injured from being man-handled, unarmed blows, firearms or being struck by a blunt object. Although the injury severity did not differ from the comparison group, these patients had longer lengths of hospitalization, a greater proportion of injuries to the back and spine, and a greater proportion required extended care in an intermediate care facility (not a jail) following discharge. Although medical record data do not explain the detailed circumstances of the face-to-face encounters between law enforcement personnel and civilians, the data provide valuable information regarding who may be at risk of injury and the clinical features of injuries that are suffered following a legal intervention. Similar data systems should be considered to augment existing data systems.

Risk factors associated with legal interventions.

PubMed

Holloway-Beth, Alfreda; Forst, Linda; Lippert, Julia; Brandt-Rauf, Sherry; Freels, Sally; Friedman, Lee

2016-12-01

Current research regarding injuries caused during interactions between police officers and civilians is conducted intermittently or on a very narrow sample frame which provides very little clinical information about the injuries suffered or the adverse outcomes. The aim of this study is to identify comorbid risk factors and describe acute outcomes of medically treated traumatic injuries occurring as a result of contact with law enforcement personnel. For this retrospective study, patients injured as a result of contact with law enforcement personnel were identified using ICD-9 external cause of injury codes from medical record databases of patients treated in all hospitals and trauma units in Illinois between 2000 and 2009. A total of 836 cases injured as a result of contact with law enforcement personnel were identified. These patients were more likely to suffer from substance abuse, depression, schizophrenia, and paralytic disorders compared to the reference cases. Persons injured as a result of contact with law enforcement personnel were predominately injured from being man-handled, unarmed blows, firearms or being struck by a blunt object. Although the injury severity did not differ from the comparison group, these patients had longer lengths of hospitalization, a greater proportion of injuries to the back and spine, and a greater proportion required extended care in an intermediate care facility (not a jail) following discharge. Although medical record data do not explain the detailed circumstances of the face-to-face encounters between law enforcement personnel and civilians, the data provide valuable information regarding who may be at risk of injury and the clinical features of injuries that are suffered following a legal intervention. Similar data systems should be considered to augment existing data systems.

The realistic dilemma of environmental interest subject of legal responsibility—Based on the perspective of law and economics

NASA Astrophysics Data System (ADS)

Fa, L. N.

2017-11-01

As the important environmental interests subject, enterprises, public and government should assume the corresponding responsibility of pollution control and environmental protection. However, in the aspect of environment, there are failure existing in performing government responsibility, the financial expense and investment our government has participated in the aspects of pollution control and environmental protection are serious insufficient. In the meantime, in spite of the clear definition of the range and principles of enterprises’ environmental responsibility according to some corresponding law documents, in view of our country’s condition, enterprises always fail to assume their own environmental responsibility, and there are cases existing in pollution control and environmental protection that the investment is insufficient and the treatment effect is not obvious. In addition, it is especially outstanding in our country that the awareness of public environmental rights is pretty weak. The issues of ecological damage and environmental pollution get worse and worse and the total environmental interests get injured seriously because of the failure and vacancy of environmental responsibility of different subjects of right.

Education Law. Course Outline. Casenote Education Series.

ERIC Educational Resources Information Center

Aquila, Frank D.

The material included in this book--case briefs, outlines, and textbook/treatise reference information--provides a summary of the most important aspects of the law regarding education. At the heart of this body of knowledge, commonly identified as education law or school law, is statutory and case law. The book serves as a comprehensive guide to…

Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

PubMed

Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

2017-03-01

Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are interchangeable and should consider each separately when designing research. Copyright © 2016 Elsevier B.V. All rights reserved.

Health information law in the context of minors.

PubMed

Rosenbaum, Sara; Abramson, Susan; MacTaggart, Patricia

2009-01-01

This article presents a legal overview of privacy and autonomy considerations related to children in the context of health information technology adoption and use. All uses of health-related technologies take place within a legal framework that guides health care generally; the privacy laws and autonomy principles long predate health information technology and can be expected to shape its design and use. Furthermore, it is a legal tenet that technology advances shape the law, and this can be expected as health information technology use evolves. Most laws related to health care, medical practice, and the right to privacy are state-based and subject to high variability. As the health information revolution increasingly eliminates the importance of geographic boundaries to health care, interstate tensions can be expected to grow. Health information privacy law is even more complex in the case of children, because the relationship between privacy law and children is itself complex. The law considers minor children to be deserving of special protection against harm and risk exposure, and this concern extends to privacy. Regardless of whether minors can shield health information from parents, it is clear that parents and children have the power to control the flow of information to and among entities. Although information protections may pose a higher standard where information about children is concerned, this fact should not overshadow the extent to which information can be used under existing legal principles. Over time, as the security and safety of information sharing are established, the law may yet evolve to permit a freer flow of information.

Anisotropic inflation with derivative couplings

NASA Astrophysics Data System (ADS)

Holland, Jonathan; Kanno, Sugumi; Zavala, Ivonne

2018-05-01

We study anisotropic power-law inflationary solutions when the inflaton and its derivative couple to a vector field. This type of coupling is motivated by D-brane inflationary models, in which the inflaton, and a vector field living on the D-brane, couple disformally (derivatively). We start by studying a phenomenological model where we show the existence of anisotropic solutions and demonstrate their stability via a dynamical system analysis. Compared to the case without a derivative coupling, the anisotropy is reduced and thus can be made consistent with current limits, while the value of the slow-roll parameter remains almost unchanged. We also discuss solutions for more general cases, including D-brane-like couplings.

Mental Retardation and the Law: A Report on Status of Current Court Cases.

ERIC Educational Resources Information Center

Friedman, Paul, Ed.; Beck, Ronna Lee, Ed.

Included in the booklet on mental retardation and the law are reports on 11 new court cases and updated information on 35 court cases reported in previous issues. Court cases cover the following issues: architectural barriers, commitment, criminal law, education, employment, guardianship, protection from harm, sterilization, treatment, and zoning.…

Some Effects of Compressibility on the Flow Through Fans and Turbines

NASA Technical Reports Server (NTRS)

Perl, W.; Epstein, H. T.

1946-01-01

The laws of conservation of mass, momentum, and energy are applied to the compressible flow through a two-dimensional cascade of airfoils. A fundamental relation between the ultimate upstream and downstream flow angles, the inlet Mach number, and the pressure ratio across the cascade is derived. Comparison with the corresponding relation for incompressible flow shows large differences. The fundamental relation reveals two ranges of flow angles and inlet Mach numbers, for which no ideal pressure ratio exists. One of these nonideal operating ranges is analogous to a similar type in incompressible flow. The other is characteristic only of compressible flow. The effect of variable axial-flow area is treated. Some implications of the basic conservation laws in the case of nonideal flow through cascades are discussed.

Hadroproduction of heavy quarkonia at the LHC

DOE Office of Scientific and Technical Information (OSTI.GOV)

Berezhnoy, A. V., E-mail: Alexander.Berezhnoy@cern.ch; Likhoded, A. K., E-mail: Anatolii.Likhoded@ihep.ru; Luchinsky, A. V., E-mail: Alexey.Luchinsky@ihep.ru

2015-05-15

The production of heavy quarkonia at the LHC is considered. It is shown that, in the case of the inclusive production of χ{sub cJ}P-wave charmonia, existing experimental data can be described upon taking into account next-to-leading corrections, a dominant contribution coming from color-singlet states. For the case of B{sub c}-meson production, it is shown that, at experimentally accessible values of the transverse momentum, power-law corrections to the cross section make a significant contribution, with the result that the cross-section ratio σ(B{sub c})/σ(B) develops a p{sub T} dependence not observed in the fragmentation regime. The case of double vector-charmonium production ismore » also considered.« less

Health system reform and safe abortion: a case study of Mongolia.

PubMed

Beck, Christina; Berry, Nicole S; Choijil, Semjidmaa

2013-01-01

Unsafe abortion serves as a marker of global inequity as it is concentrated in the developing world where the poorest and most vulnerable women live. While liberalisation of abortion law is essential to the reduction of unsafe abortion, a number of challenges exist beyond this important step. This paper investigates how popular health system reforms consonant with neoliberal agendas can challenge access to safe abortion. We use Mongolia, a country that has liberalised abortion law, yet, limited access to safe abortion, as a case study. Mongolia embraced market reforms in 1990 and subsequently reformed its health system. We document how common reforms in the areas of finance and regulation can compromise the safety of abortions as they foster challenges that include inconsistencies in service delivery that further foment health inequities, adoption of reproductive health programmes that are incompatible with the local sociocultural context, unregulated growth of the private sector and poor enforcement of standards and technical guidelines for safe abortion. We then discuss how this case study suggests the conversations that reproductive health policy-makers must have with those engineering health sector reform to ensure access to safe abortion in a liberalised environment.

Tax Law System

ERIC Educational Resources Information Center

Tsindeliani, Imeda A.

2016-01-01

The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

Nonlinear layered lattice model and generalized solitary waves in imperfectly bonded structures.

PubMed

Khusnutdinova, Karima R; Samsonov, Alexander M; Zakharov, Alexey S

2009-05-01

We study nonlinear waves in a two-layered imperfectly bonded structure using a nonlinear lattice model. The key element of the model is an anharmonic chain of oscillating dipoles, which can be viewed as a basic lattice analog of a one-dimensional macroscopic waveguide. Long nonlinear longitudinal waves in a layered lattice with a soft middle (or bonding) layer are governed by a system of coupled Boussinesq-type equations. For this system we find conservation laws and show that pure solitary waves, which exist in a single equation and can exist in the coupled system in the symmetric case, are structurally unstable and are replaced with generalized solitary waves.

Legal consequences for torture in children cases: the Gomez Paquiyauri Brothers vs Peru case.

PubMed

Tinta, Monica Feria

2009-01-01

The Gomez Paquiyauri Brothers case, before the Inter-American Court of Human Rights, was the first international case concerning the protection of children in the context of armed conflict where an international court stated the law concerning the duties of States towards children even in the context of war, and provided for reparations. As such it represents a landmark decision. The case arose from the illegal detention, torture and extrajudicial execution of two minors, Emilio and Rafael Gomez Paquiyauri, at the hands of Peruvian Police in 1991, under the Fujimori Administration at a time when the internal war in Peru was at its peak. Unlike most cases coming to the jurisdiction of the Inter-American Court, the case had been subject to domestic criminal investigations that had led to the convictions of two low ranking policemen. Yet a more subtle pattern of impunity lied at the root of the case. Torture had been denied by the State, and the prosecutions of low ranking policemen had intended to cover up the responsibility of those who ordered a policy of torture and executions (including the existence of secret codes for the torture and elimination of suspects of "terrorism") during the years of the internal armed conflict in Peru. The joint work of legal and medical expertise in the litigation of the case permitted the establishment of the facts and the law, obtaining an award of 740,500 dollars for the victims and a number of measures of reparation including guarantees of non-repetition and satisfaction, such as the naming of a school after the victims.

Privacy and Biobanking in China: A Case of Policy in Transition.

PubMed

Chen, Haidan; Chan, Benny; Joly, Yann

2015-01-01

Disease-based biobanks have operated in hospitals and research institutes in China for decades, and China has recently embarked on a plan to establish further biobank networks with the aim of promoting data sharing among the existing biobanks. Although the Chinese Constitution has only recently begun to recognize individual privacy as a distinct and independent constitutional right, biobanking in China has been loosely regulated under a patchwork of sometimes overlapping laws (such as the Interim Measures for the Administration of Human Genetic Resources) and regulatory instruments, as well as and the policies of individual biobanks and networks of biobanks (such as the Shanghai Biobank Network Guidelines). A Draft Ordinance on Human Genetics Resources is currently being developed that will deal in more detail than previous laws with issues such as management measures, legal liability, and punishment for violations. International data sharing will be tightly regulated under this new law, and individual biobanks' policies such as the Shanghai Guidelines may choose to regulate such sharing even more. In contrast with national regulatory instruments, the Shanghai Guidelines also contain detailed de-identification policies, and explicitly endorse broad consent. © 2015 American Society of Law, Medicine & Ethics, Inc.

The Dynamics of Power laws: Fitness and Aging in Preferential Attachment Trees

NASA Astrophysics Data System (ADS)

Garavaglia, Alessandro; van der Hofstad, Remco; Woeginger, Gerhard

2017-09-01

Continuous-time branching processes describe the evolution of a population whose individuals generate a random number of children according to a birth process. Such branching processes can be used to understand preferential attachment models in which the birth rates are linear functions. We are motivated by citation networks, where power-law citation counts are observed as well as aging in the citation patterns. To model this, we introduce fitness and age-dependence in these birth processes. The multiplicative fitness moderates the rate at which children are born, while the aging is integrable, so that individuals receives a finite number of children in their lifetime. We show the existence of a limiting degree distribution for such processes. In the preferential attachment case, where fitness and aging are absent, this limiting degree distribution is known to have power-law tails. We show that the limiting degree distribution has exponential tails for bounded fitnesses in the presence of integrable aging, while the power-law tail is restored when integrable aging is combined with fitness with unbounded support with at most exponential tails. In the absence of integrable aging, such processes are explosive.

Analysis of fatal accidents with tractors in the Centre of Portugal: Ten years analysis.

PubMed

Antunes, Soraia M; Cordeiro, Cristina; Teixeira, Helena M

2018-06-01

Tractors have been described as one of the deadliest farming implements concerning agricultural activity. In Portugal, the scientific investigations about this problem are practically non-existent, with only statistical studies performed by entities related to road traffic safety, not in accordance to the study now performed, pinpointing the possibility of an underreporting of these accidents. This work aims to characterize the fatal tractor accidents in Portugal, autopsied at the Forensic Pathology Department of the Centre Branch of the National Institute of Legal Medicine and Forensic Sciences of Portugal, analysing several variables: gender, age, occupation, survival time, the victim position in the tractor, cause of death, toxicological and histological exams, year/month/day of the week, type of agricultural machine, existence of rollover protective structures (ROPS), type of accident, ground conditions, circumstantial information and geographic distribution of the accidents. All the autopsies between 2005 and 2014 were analysed. The victim profile corresponded to a man (89.5%), between 61 and 70 years old (33.3%), retired (43.9%), being the tractor driver (45.6%). In most of the cases, death occurred in less than 24h after the accident. These fatalities arose mainly in May and October. Rollover in sloping land was the most common type of accident, and cranioencephalic, thoracic and abdominal traumatic injuries were the main cause of death. In 16.2% of the cases, blood alcohol concentration was above the lower limit established in our road traffic law (<0.5g/L). There was lack information about the use of ROPS (95.9%), and even when existent, the protections were not used or were incorrectly used. This is the first national study involving the description of the forensic achievements in each autopsy related to tractor accidents, and the corresponding circumstances that contributed to the death. Many barriers remain about this matter, but the Portuguese government begin to design several laws to prevent this type of accidents. Future investigations should be performed to understand the real dimension of tractor accidents in Portugal, and to comprehend the efficiency of laws implemented by the government. Copyright © 2018 Elsevier B.V. All rights reserved.

DOE Office of Scientific and Technical Information (OSTI.GOV)

Sharif, M., E-mail: msharif.math@pu.edu.pk; Nawazish, I., E-mail: iqranawazish07@gmail.com

We attempt to find exact solutions of the Bianchi I model in f(R) gravity using the Noether symmetry approach. For this purpose, we take a perfect fluid and formulate conserved quantities for the power-law f(R) model. We discuss some cosmological parameters for the resulting solution which are responsible for expanding behavior of the universe. We also explore Noether gauge symmetry and the corresponding conserved quantity. It is concluded that symmetry generators as well as conserved quantities exist in all cases and the behavior of cosmological parameters shows consistency with recent observational data.

Research on Capturing of Customer Requirements Based on Innovation Theory

NASA Astrophysics Data System (ADS)

junwu, Ding; dongtao, Yang; zhenqiang, Bao

To exactly and effectively capture customer requirements information, a new customer requirements capturing modeling method was proposed. Based on the analysis of function requirement models of previous products and the application of technology system evolution laws of the Theory of Innovative Problem Solving (TRIZ), the customer requirements could be evolved from existing product designs, through modifying the functional requirement unit and confirming the direction of evolution design. Finally, a case study was provided to illustrate the feasibility of the proposed approach.

Rebalance to the Pacific: A Case for Greater Amphibious Capabilities in the US Army

DTIC Science & Technology

2015-05-21

gas and 200 billion barrels of oil potentially exist.73 Currently, the United Nations Convention on the Law of the Sea (UNCLOS) establishes an...are highly destructive, thus enabling a quick political decision. The doctrine of “Local War under Conditions of Informatization ” codifies the PLA’s...of Informatization ,” the PLA is improving their ability to operate as a joint force. In 2013, the PLA conducted in a series of joint exercises

Exploratory Analysis of Fast-Food Chain Restaurant Menus Before and After Implementation of Local Calorie-Labeling Policies, 2005–2011

PubMed Central

Namba, Alexa; Leonberg, Beth L.; Wootan, Margo G.

2013-01-01

Introduction Since 2008, several states and municipalities have implemented regulations requiring provision of nutrition information at chain restaurants to address obesity. Although early research into the effect of such labels on consumer decisions has shown mixed results, little information exists on the restaurant industry’s response to labeling. The objective of this exploratory study was to evaluate the effect of menu labeling on fast-food menu offerings over 7 years, from 2005 through 2011. Methods Menus from 5 fast-food chains that had outlets in jurisdictions subject to menu-labeling laws (cases) were compared with menus from 4 fast-food chains operating in jurisdictions not requiring labeling (controls). A trend analysis assessed whether case restaurants improved the healthfulness of their menus relative to the control restaurants. Results Although the overall prevalence of “healthier” food options remained low, a noteworthy increase was seen after 2008 in locations with menu-labeling laws relative to those without such laws. Healthier food options increased from 13% to 20% at case locations while remaining static at 8% at control locations (test for difference in the trend, P = .02). Since 2005, the average calories for an à la carte entrée remained moderately high (approximately 450 kilocalories), with less than 25% of all entrées and sides qualifying as healthier and no clear systematic differences in the trend between chain restaurants in case versus control areas (P ≥ .50). Conclusion These findings suggest that menu labeling has thus far not affected the average nutritional content of fast-food menu items, but it may motivate restaurants to increase the availability of healthier options. PMID:23786908

Exploratory analysis of fast-food chain restaurant menus before and after implementation of local calorie-labeling policies, 2005-2011.

PubMed

Namba, Alexa; Auchincloss, Amy; Leonberg, Beth L; Wootan, Margo G

2013-06-20

Since 2008, several states and municipalities have implemented regulations requiring provision of nutrition information at chain restaurants to address obesity. Although early research into the effect of such labels on consumer decisions has shown mixed results, little information exists on the restaurant industry's response to labeling. The objective of this exploratory study was to evaluate the effect of menu labeling on fast-food menu offerings over 7 years, from 2005 through 2011. Menus from 5 fast-food chains that had outlets in jurisdictions subject to menu-labeling laws (cases) were compared with menus from 4 fast-food chains operating in jurisdictions not requiring labeling (controls). A trend analysis assessed whether case restaurants improved the healthfulness of their menus relative to the control restaurants. Although the overall prevalence of "healthier" food options remained low, a noteworthy increase was seen after 2008 in locations with menu-labeling laws relative to those without such laws. Healthier food options increased from 13% to 20% at case locations while remaining static at 8% at control locations (test for difference in the trend, P = .02). Since 2005, the average calories for an à la carte entrée remained moderately high (approximately 450 kilocalories), with less than 25% of all entrées and sides qualifying as healthier and no clear systematic differences in the trend between chain restaurants in case versus control areas (P ≥ .50). These findings suggest that menu labeling has thus far not affected the average nutritional content of fast-food menu items, but it may motivate restaurants to increase the availability of healthier options.

Suicide tourism: a pilot study on the Swiss phenomenon.

PubMed

Gauthier, Saskia; Mausbach, Julian; Reisch, Thomas; Bartsch, Christine

2015-08-01

While assisted suicide (AS) is strictly restricted in many countries, it is not clearly regulated by law in Switzerland. This imbalance leads to an influx of people-'suicide tourists'-coming to Switzerland, mainly to the Canton of Zurich, for the sole purpose of committing suicide. Political debate regarding 'suicide tourism' is taking place in many countries. Swiss medicolegal experts are confronted with these cases almost daily, which prompted our scientific investigation of the phenomenon. The present study has three aims: (1) to determine selected details about AS in the study group (age, gender and country of residence of the suicide tourists, the organisation involved, the ingested substance leading to death and any diseases that were the main reason for AS); (2) to find out the countries from which suicide tourists come and to review existing laws in the top three in order to test the hypothesis that suicide tourism leads to the amendment of existing regulations in foreign countries; and (3) to compare our results with those of earlier studies in Zurich. We did a retrospective data analysis of the Zurich Institute of Legal Medicine database on AS of non-Swiss residents in the last 5 years (2008-2012), and internet research for current legislation and political debate in the three foreign countries most concerned. We analysed 611 cases from 31 countries all over the world. Non-terminal conditions such as neurological and rheumatic diseases are increasing among suicide tourists. The unique phenomenon of suicide tourism in Switzerland may indeed result in the amendment or supplementary guidelines to existing regulations in foreign countries. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

The University Inventor's Obligation to Assign: A Review of US Case Law on the Enforceability of University Patent Policies

ERIC Educational Resources Information Center

Ohashi, Naoko

2004-01-01

Until recently, it was unclear under US case law whether university patent policies were sufficient to obligate university personnel to assign their inventions to the university without a signed invention-assignment agreement. This paper examines the question through recent case law. These cases indicate a trend in support of university claims…

1980 Cumulative Supplement, "Higher Education and the Law".

ERIC Educational Resources Information Center

Edwards, Harry T.; Nordin, Virginia Davis

A 1980 cumulative supplement to the basic text, "Higher Education and the Law," is presented. Contents include: edited reports of five United States Supreme Court cases, important lower court cases, regulations and reports; and citations to numerous law review articles, additional cases, and other secondary sources. The following broad…

Higher Education and the Law.

ERIC Educational Resources Information Center

Edwards, Harry T.; Nordin, Virginia Davis

The proliferation of laws, regulations, and judicial opinions affecting higher education and the nature of the impact of these laws on the academic community are examined. Designed for use by both students and practitioners, the book employs the "case method" design based on the belief that law cases furnish the best sources for study…

A Quantitative Analysis of Arkansas Principals' Knowledge of School Law

ERIC Educational Resources Information Center

Smith, Christy Lack

2010-01-01

The purpose of the study was to quantify the legal knowledge of Arkansas public school principals in seven areas: Arkansas law, constitutional issues, discipline, employee relations, federal law, special education/504, and tort liability and determine if significant relationships existed between legal knowledge recency of school law training,…

Annual Energy Outlook 2013 with Projections to 2040

DOE Office of Scientific and Technical Information (OSTI.GOV)

None

The Annual Energy Outlook 2013 (AEO2013), prepared by the U.S. Energy Information Administration (EIA), presents long-term projections of energy supply, demand, and prices through 2040, based on results from EIA’s National Energy Modeling System. The report begins with an “Executive summary” that highlights key aspects of the projections. It is followed by a “Legislation and regulations” section that discusses evolving legislative and regulatory issues, including a summary of recently enacted legislation and regulations, such as: Updated handling of the U.S. Environmental Protection Agency’s (EPA) National Emissions Standards for Hazardous Air Pollutants for industrial boilers and process heaters; New light-duty vehiclemore » (LDV) greenhouse gas (GHG) and corporate average fuel economy (CAFE) standards for model years 2017 to 2025; Reinstatement of the Clean Air Interstate Rule (CAIR) after the court’s announcement of intent to vacate the Cross-State Air Pollution Rule (CSAPR); and Modeling of California’s Assembly Bill 32, the Global Warming Solutions Act (AB 32), which allows for representation of a cap-and-trade program developed as part of California’s GHG reduction goals for 2020. The “Issues in focus” section contains discussions of selected energy topics, including a discussion of the results in two cases that adopt different assumptions about the future course of existing policies, with one case assuming the elimination of sunset provisions in existing policies and the other case assuming the elimination of the sunset provisions and the extension of a selected group of existing public policies—CAFE standards, appliance standards, and production tax credits. Other discussions include: oil price and production trends in AEO2013; U.S. reliance on imported liquids under a range of cases; competition between coal and natural gas in electric power generation; high and low nuclear scenarios through 2040; and the impact of growth in natural gas liquids production. The “Market trends” section summarizes the projections for energy markets. The analysis in AEO2013 focuses primarily on a Reference case, Low and High Economic Growth cases, and Low and High Oil Price cases. Results from a number of other alternative cases also are presented, illustrating uncertainties associated with the Reference case projections for energy demand, supply, and prices. Complete tables for the five primary cases are provided in Appendixes A through C. Major results from many of the alternative cases are provided in Appendix D. Complete tables for all the alternative cases are available on EIA’s website in a table browser at http://www.eia.gov/oiaf/aeo/tablebrowser. AEO2013 projections are based generally on federal, state, and local laws and regulations in effect as of the end of September 2012. The potential impacts of pending or proposed legislation, regulations, and standards (and sections of existing legislation that require implementing regulations or funds that have not been appropriated) are not reflected in the projections. In certain situations, however, where it is clear that a law or regulation will take effect shortly after the Annual Energy Outlook (AEO) is completed, it may be considered in the projection.« less

The right to an heir in the era of assisted reproduction.

PubMed

Benshushan, A; Schenker, J G

1998-05-01

The latest remarkable technological advances in assisted reproduction, which enable cryopreservation of spermatozoa, embryos and ovarian tissue, raise difficult and debatable legal, social, ethical and moral issues concerning the right to posthumous reproduction. Furthermore, reports on the attitudes of the general public and of centres licensed for infertility treatment in the United Kingdom found that the majority of women and centres support the idea of posthumous reproduction. In this paper we review the data published on this issue, and after considering the various aspects, we conclude that each case should be discussed and authorized by a multidisciplinary committee that includes physicians, clergy, psychiatrists, psychologists, sociologists and other appropriate parties. In our opinion, the main principles that should guide this committee would allow posthumous reproduction in the context of marriage when a prior consent exists. For unmarried persons, post-mortem donation of gametes should be done only anonymously, if they are in agreement with existing laws concerning infertility treatments in every country and after appropriate consent and proper counselling. Moreover, any case which involves consanguinity or a possibility of incest should be forbidden, both for ethical and genetic reasons. In a case of pre-existing siblings, they should be consulted and their informed consent should be granted in advance so as to avoid legal problems in the inheritance of property.

Integrating human health into environmental impact assessment: an unrealized opportunity for environmental health and justice.

PubMed

Bhatia, Rajiv; Wernham, Aaron

2008-08-01

The National Environmental Policy Act and related state laws require many public agencies to analyze and disclose potentially significant environmental effects of agency actions, including effects on human health. In this paper we review the purpose and procedures of environmental impact assessment (EIA), existing regulatory requirements for health effects analysis, and potential barriers to and opportunities for improving integration of human health concerns within the EIA process. We use statutes, regulations, guidelines, court opinions, and empirical research on EIA along with recent case examples of integrated health impact assessment (HIA)/EIA at both the state and federal level. We extract lessons and recommendations for integrated HIA/EIA practice from both existing practices as well as case studies. The case studies demonstrate the adequacy, scope, and power of existing statutory requirements for health analysis within EIA. The following support the success of integrated HIA/EIA: a proponent recognizing EIA as an available regulatory strategy for public health; the openness of the agency conducting the EIA; involvement of public health institutions; and complementary objectives among community stakeholders and health practitioners. We recommend greater collaboration among institutions responsible for EIA, public health institutions, and affected stakeholders along with guidance, resources, and training for integrated HIA/EIA practice.

Integrating Human Health into Environmental Impact Assessment: An Unrealized Opportunity for Environmental Health and Justice

PubMed Central

Bhatia, Rajiv; Wernham, Aaron

2008-01-01

Objectives The National Environmental Policy Act and related state laws require many public agencies to analyze and disclose potentially significant environmental effects of agency actions, including effects on human health. In this paper we review the purpose and procedures of environmental impact assessment (EIA), existing regulatory requirements for health effects analysis, and potential barriers to and opportunities for improving integration of human health concerns within the EIA process. Data sources We use statutes, regulations, guidelines, court opinions, and empirical research on EIA along with recent case examples of integrated health impact assessment (HIA)/EIA at both the state and federal level. Data synthesis We extract lessons and recommendations for integrated HIA/EIA practice from both existing practices as well as case studies. Conclusions The case studies demonstrate the adequacy, scope, and power of existing statutory requirements for health analysis within EIA. The following support the success of integrated HIA/EIA: a proponent recognizing EIA as an available regulatory strategy for public health; the openness of the agency conducting the EIA; involvement of public health institutions; and complementary objectives among community stakeholders and health practitioners. We recommend greater collaboration among institutions responsible for EIA, public health institutions, and affected stakeholders along with guidance, resources, and training for integrated HIA/EIA practice. PMID:18709140

Discovering Trigonometric Relationships Implied by the Law of Sines and the Law of Cosines

ERIC Educational Resources Information Center

Skurnick, Ronald; Javadi, Mohammad

2006-01-01

The Law of Sines and The Law of Cosines are of paramount importance in the field of trigonometry because these two theorems establish relationships satisfied by the three sides and the three angles of any triangle. In this article, the authors use these two laws to discover a host of other trigonometric relationships that exist within any…

Reducing Traumatic Brain Injuries in Youth Sports: Youth Sports Traumatic Brain Injury State Laws, January 2009–December 2012

PubMed Central

2013-01-01

Objectives. I sought to describe current state-wide youth sports traumatic brain injury (TBI) laws and their relationship to prevailing scientific understandings of youth sports TBIs, and to facilitate further research by creating an open-source data set of current laws. Methods. I used Westlaw and LexisNexis databases to create a 50-state data set of youth sports TBI laws enacted between January 2009 and December 2012. I collected and coded the text and citations of each law and developed a protocol and codebook to facilitate future research. Results. Forty-four states and Washington, DC, passed youth sports TBI laws between 2009 and 2012. No state’s youth sports TBI law focuses on primary prevention. Instead, such laws focus on (1) increasing coaches’ and parents’ ability to identify and respond to TBIs and (2) reducing the immediate risk of multiple TBIs. Conclusions. Existing youth sports TBI laws were not designed to reduce initial TBIs. Evaluation is required to assess their effectiveness in reducing the risk and consequences of multiple TBIs. Continued research and evaluation of existing laws will be needed to develop a more comprehensive youth TBI-reduction solution. PMID:23678903

Commons ignorance: the failure of environmental law to produce needed information on health and the environment.

PubMed

Wagner, Wendy E

2004-04-01

One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this Article argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes are high, actors not only will resist producing potentially incriminating information but will invest in discrediting public research that suggests their activities are harmful. The Article concludes with specific recommendations about how these perverse incentives for ignorance can be reversed.

An Application of the Acoustic Similarity Law to the Numerical Analysis of Centrifugal Fan Noise

NASA Astrophysics Data System (ADS)

Jeon, Wan-Ho; Lee, Duck-Joo; Rhee, Huinam

Centrifugal fans, which are frequently used in our daily lives and various industries, usually make severe noise problems. Generally, the centrifugal fan noise consists of tones at the blade passing frequency and its higher harmonics. These tonal sounds come from the interaction between the flow discharged from the impeller and the cutoff in the casing. Prediction of the noise from a centrifugal fan becomes more necessary to optimize the design to meet both the performance and noise criteria. However, only some limited studies on noise prediction method exist because there are difficulties in obtaining detailed information about the flow field and casing effect on noise radiation. This paper aims to investigate the noise generation mechanism of a centrifugal fan and to develop a prediction method for the unsteady flow and acoustic pressure fields. In order to do this, a numerical analysis method using acoustic similarity law is proposed, and it is verified that the method can predict the noise generation mechanism very well by comparing the predicted results with available experimental results.

Digitizing and Preserving Law School Recordings: A Duke Law Case Study

ERIC Educational Resources Information Center

White, Hollie; Bordo, Miguel; Chen, Sean

2015-01-01

Written as a case study, this article outlines Duke Law School Information Services' video digitization, preservation, and access initiative. This article begins with a discussion of the case study environment and the cross-departmental evaluation of in-house video production and processing workflows. The in-house preservation reformatting process…

Education and the Law: Implications for American Indian/Alaska Native Students.

ERIC Educational Resources Information Center

Warner, Linda Sue

This chapter provides an overview of federal education case law and legislation. Currently, there is no Supreme Court education case law applicable specifically to American Indian students. Following brief descriptions of categories of jurisdiction and the structure of the federal court system, the overview summarizes Supreme Court case law…

Commentary: Mapping a changing landscape in the ethics of forensic psychiatry.

PubMed

Grubin, Don

2008-01-01

In 1984, Alan Stone, writing in the Bulletin of the American Academy of Psychiatry and the Law, stated that "forensic psychiatrists are without any clear guidelines as to what is proper and ethical," adding that because of the nature of psychiatry and the realities of the law, no such guidelines can be drawn. Put starkly, his conclusion was that the practice of forensic psychiatry is fundamentally unethical. In the same issue, several contemporary commentators criticized his position, arguing that he misunderstood the social context of forensic psychiatry and that, in any case, he was wrong to say that ethics standards did not exist. In this article, these questions are reviewed again, starting from the principle articulated by the philosopher, A. J. Ayer, that that there is no such thing as an ethical fact.

They Sell Skulls Online?! A Review of Internet Sales of Human Skulls on eBay and the Laws in Place to Restrict Sales.

PubMed

Halling, Christine L; Seidemann, Ryan M

2016-09-01

Internet sales of human remains occur despite the existence of laws prohibiting such action in most jurisdictions. The most popular public platform for online sales, eBay, allows users to postskeletal material for sale, largely anonymously and without much fear of legal repercussions. This survey of skeletal sales was conducted 10 years after the first article published about online human remains sales. A review of current laws reveals that, while many states have laws that restrict any sale of human remains, those laws have questionable deterrent effect. Assessing the skeletal material posted for sale provides law enforcement agencies with a necessary starting point to curtail the sale of human remains through enforcement of existing laws. Ultimately, the goal is to stem the commodification of such items and to recover skeletal material, especially that which may be of archaeological or forensic significance, and provide the proper final disposition for such material. © 2016 American Academy of Forensic Sciences.

[Passive euthanasia in clinical practice--the medical decision reflected in the legal position].

PubMed

Möller, T; Grabensee, B; Frister, H

2008-05-01

Doctors are often confronted with end-of-life decisions. When deciding on the withdrawal of medical treatment physicians have to consider the legal position. This study was done to evaluated how far doctors at the university medical center in Düsseldorf had acted in conformity with the established case law in Germany. Between April and August 2006 doctors at the university medical center in Düsseldorf filled in a standardized questionnaire about the decisions they had taken to withdraw life-support treatment. 128 of a total of 512 doctors questioned replied (25 %; 32,8 % females and 67,2 % males) . The survey showed that the judicial decision (that it is not necessary to provide treatment if life-support measures are not indicated) is largely determined by non-medical criteria. The clinical decision by doctors depended mainly on his personal opinion. Furthermore the survey showed that only a few doctors made use of the - lawful - option to withdraw medical treatment when this was not indicated. Finally the survey revealed that, in case of conflict between indication and perceived patients' wishes, the vast majority of doctors behaved in contravention of the decisions established by case law. There is the need to discuss what non-medical issues should be taken into account when determining the indication of withdrawal of life-support measures. The results also highlighted the uncertainties that exist regarding a doctor's decisions about it. Not only should legislation clarify whether "passive euthanasia" is allowed, but it would also be useful to delegate end-of-life decisions to a review board.

5 CFR 831.1209 - Termination of disability annuity because of restoration to earning capacity.

Code of Federal Regulations, 2012 CFR

2012-01-01

... common law rules applicable in determining the existence of an employer-employee relationship. Whether the relationship exists under the usual common law rules will be determined by OPM after the... disability pay beyond 6 months of illness, or workers' compensation payments; (v) The value of meals and...

5 CFR 831.1209 - Termination of disability annuity because of restoration to earning capacity.

Code of Federal Regulations, 2013 CFR

2013-01-01

... common law rules applicable in determining the existence of an employer-employee relationship. Whether the relationship exists under the usual common law rules will be determined by OPM after the... disability pay beyond 6 months of illness, or workers' compensation payments; (v) The value of meals and...

5 CFR 831.1209 - Termination of disability annuity because of restoration to earning capacity.

Code of Federal Regulations, 2011 CFR

2011-01-01

... common law rules applicable in determining the existence of an employer-employee relationship. Whether the relationship exists under the usual common law rules will be determined by OPM after the... disability pay beyond 6 months of illness, or workers' compensation payments; (v) The value of meals and...

5 CFR 831.1209 - Termination of disability annuity because of restoration to earning capacity.

Code of Federal Regulations, 2014 CFR

2014-01-01

... common law rules applicable in determining the existence of an employer-employee relationship. Whether the relationship exists under the usual common law rules will be determined by OPM after the... disability pay beyond 6 months of illness, or workers' compensation payments; (v) The value of meals and...

Medical innovation laws: an unnecessary innovation.

PubMed

Richards, Bernadette

2016-06-01

Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at 'encouraging' and 'supporting' innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter - negligence and the expected standard of care in the provision of treatment - is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position in this area. It also provides clarity around the legal position and expected standard of care for those who are introducing innovative medical treatment.

Italian law on medically assisted reproduction: do women's autonomy and health matter?

PubMed

Riezzo, Irene; Neri, Margherita; Bello, Stefania; Pomara, Cristoforo; Turillazzi, Emanuela

2016-07-23

In Italy in 2004, a very restrictive law was passed on medically assisted reproduction (MAR) (Law 40/2004) that placed Italy at the most conservative end of the European spectrum. The law was widely criticized and many couples seeking MAR brought their cases before the Italian Civil Courts with regard to pre-implantation genetic diagnosis (PGD), donor insemination and the issue of consent. Ten years on, having suffered the blows of the Italian Constitutional Court, little remains of law 40/2004. In 2009, the Constitutional Court declared the maximum limit of the number of embryos to be produced and transferred for each cycle (i.e. three), as stated in the original version of the law, to be constitutionally illegitimate. In 2014, the same Court declared as unconstitutional the ban on donor insemination, thus opening the way to heterologous assisted reproduction. Heterologous MAR is therefore perfectly legitimate in Italy. Finally, in 2015 a further ruling by the Constitutional Court granted the right to access MAR to couples who are fertile but carriers of genetic diseases. However, there is still much room for criticism. Many couples and groups are still, in fact, excluded from MAR. Same-sex couples, single women and those of advanced reproductive age are, at the present time, discriminated against in that Italian law denies these subjects access to MAR. The history of Law 40/2004 has been a particularly troubled one. Numerous rulings have, over the years, dismantled much of a law constructed in violation of the rights and autonomy of women and couples. However, a number of troubling issues still exist from what is left of the law and the debate is still open at national and transnational level regarding some of the contradictions and gaps in the law highlighted in this article. Only by abolishing the final prohibitions and adopting more liberal views on these controversial yet crucial issues will Law 40/2004 become what it should have been from the start, i.e. a law which outlines the 'rules of use' of MAR and not, as it has been until now, a law of bans which sets limits to the freedom to reproduce.

8 CFR 1003.102 - Grounds.

Code of Federal Regulations, 2010 CFR

2010-01-01

... student or law graduate as defined in § 1292.1(a)(2) of this chapter, any fee or compensation for specific services rendered for any person, except that a law student or law graduate may be regularly compensated by... fact and is warranted by existing law or by a good faith argument for the extension, modification, or...

Abortion Law and Policy Around the World: In Search of Decriminalization.

PubMed

Berer, Marge

2017-06-01

The aim of this paper is to provide a panoramic view of laws and policies on abortion around the world, giving a range of country-based examples. It shows that the plethora of convoluted laws and restrictions surrounding abortion do not make any legal or public health sense. What makes abortion safe is simple and irrefutable-when it is available on the woman's request and is universally affordable and accessible. From this perspective, few existing laws are fit for purpose. However, the road to law reform is long and difficult. In order to achieve the right to safe abortion, advocates will need to study the political, health system, legal, juridical, and socio-cultural realities surrounding existing law and policy in their countries, and decide what kind of law they want (if any). The biggest challenge is to determine what is possible to achieve, build a critical mass of support, and work together with legal experts, parliamentarians, health professionals, and women themselves to change the law-so that everyone with an unwanted pregnancy who seeks an abortion can have it, as early as possible and as late as necessary.

The effect of law enforcement deployment patterns on motorists' speeds : final report.

DOT National Transportation Integrated Search

2003-12-01

The combination of increased demands on Oregons transportation system and limited law enforcement resources has led the Oregon Department of Transportation (ODOT) to investigate whether a relationship exists between motorists speeds and law enf...

Modeling spatial competition for light in plant populations with the porous medium equation.

PubMed

Beyer, Robert; Etard, Octave; Cournède, Paul-Henry; Laurent-Gengoux, Pascal

2015-02-01

We consider a plant's local leaf area index as a spatially continuous variable, subject to particular reaction-diffusion dynamics of allocation, senescence and spatial propagation. The latter notably incorporates the plant's tendency to form new leaves in bright rather than shaded locations. Applying a generalized Beer-Lambert law allows to link existing foliage to production dynamics. The approach allows for inter-individual variability and competition for light while maintaining robustness-a key weakness of comparable existing models. The analysis of the single plant case leads to a significant simplification of the system's key equation when transforming it into the well studied porous medium equation. Confronting the theoretical model to experimental data of sugar beet populations, differing in configuration density, demonstrates its accuracy.

Cases and Materials on Women and the Law for GS 200: Introduction to Women's Studies.

ERIC Educational Resources Information Center

Knowles, Marjorie Fine, Ed.

Cases and materials used in an undergraduate course, "Women and the Law," are divided to cover women and the Constitution of the U.S. (including the Equal Rights Amendment), the Supreme Court Abortion Decision, and the contemporary legal status of women including employment, education, and criminal law. Fifteen cases highlight the issues…

Exploring the Role of the Internet in Juvenile Prostitution Cases Coming to the Attention of Law Enforcement

ERIC Educational Resources Information Center

Wells, Melissa; Mitchell, Kimberly J.; Ji, Kai

2012-01-01

This exploratory analysis examines the role of the Internet in juvenile prostitution cases coming to the attention of law enforcement. The National Juvenile Prostitution Study (N-JPS) collected information from a national sample of law enforcement agencies about the characteristics of juvenile prostitution cases. In comparison to non-Internet…

Rigorous RG Algorithms and Area Laws for Low Energy Eigenstates in 1D

NASA Astrophysics Data System (ADS)

Arad, Itai; Landau, Zeph; Vazirani, Umesh; Vidick, Thomas

2017-11-01

One of the central challenges in the study of quantum many-body systems is the complexity of simulating them on a classical computer. A recent advance (Landau et al. in Nat Phys, 2015) gave a polynomial time algorithm to compute a succinct classical description for unique ground states of gapped 1D quantum systems. Despite this progress many questions remained unsolved, including whether there exist efficient algorithms when the ground space is degenerate (and of polynomial dimension in the system size), or for the polynomially many lowest energy states, or even whether such states admit succinct classical descriptions or area laws. In this paper we give a new algorithm, based on a rigorously justified RG type transformation, for finding low energy states for 1D Hamiltonians acting on a chain of n particles. In the process we resolve some of the aforementioned open questions, including giving a polynomial time algorithm for poly( n) degenerate ground spaces and an n O(log n) algorithm for the poly( n) lowest energy states (under a mild density condition). For these classes of systems the existence of a succinct classical description and area laws were not rigorously proved before this work. The algorithms are natural and efficient, and for the case of finding unique ground states for frustration-free Hamiltonians the running time is {\\tilde{O}(nM(n))} , where M( n) is the time required to multiply two n × n matrices.

An examination of Washington state’s vehicle impoundment law for motorcycle endorsements : traffic tech.

DOT National Transportation Integrated Search

2013-01-01

In July 2007, Washington State modified its vehicle code : to clarify that its existing impoundment law for unlicensed : drivers also applies to operators without specially : endorsed licenses, including motorcycle riders, and : expressly allows law ...

Legal considerations for cryopreservation of sperm and embryos.

PubMed

Schuster, Timothy G; Hickner-Cruz, Kathryn; Ohl, Dana A; Goldman, Edward; Smith, Gary D

2003-07-01

To summarize the case law for cryopreservation of sperm and embryos and make recommendations for desirable characteristics that should be included in a cryopreservation clinic's disposition agreements. A literature review of case law and legal review articles was performed. Academic research center. None. None. None. Two court cases involving cryopreserved semen and five cases involving cryopreserved embryos are reviewed. The state of the law surrounding cryopreservation is recent and unsettled. Disposition agreements can provide cryopreservation clinics some degree of certainty in this unsettled area of law. Those drafting cryopreservation disposition agreements are assisted by lessons learned from cryopreservation cases and insight gained from law review articles. It is evident that cryopreservation agreements will be most successful and most likely to be enforced if they are unambiguous, consistent with public policy, and include: a duration provision, each individual's contact information, the individual's provisions for use of their gametes in case of death, and responsibilities of cryopreservation clinic and individuals. Individuals must enter into agreements with a true understanding of the contained provisions.

Educational Debt Burden: Law School Assistance Programs--A Review of Existing Programs and a Proposed New Approach.

ERIC Educational Resources Information Center

Vernon, David H.

1989-01-01

The paper reviews and critiques the 13 existing (1987) law school assistance programs and proposes a national repayment-assistance debt-forgiveness program which would involve an income-contingent repayment "tax" coupled with an assurance to creditors of repayment by means of a "guarantee" or "insurance" fund. (DB)

Consistency of the tachyon warm inflationary universe models

DOE Office of Scientific and Technical Information (OSTI.GOV)

Zhang, Xiao-Min; Zhu, Jian-Yang, E-mail: zhangxm@mail.bnu.edu.cn, E-mail: zhujy@bnu.edu.cn

2014-02-01

This study concerns the consistency of the tachyon warm inflationary models. A linear stability analysis is performed to find the slow-roll conditions, characterized by the potential slow-roll (PSR) parameters, for the existence of a tachyon warm inflationary attractor in the system. The PSR parameters in the tachyon warm inflationary models are redefined. Two cases, an exponential potential and an inverse power-law potential, are studied, when the dissipative coefficient Γ = Γ{sub 0} and Γ = Γ(φ), respectively. A crucial condition is obtained for a tachyon warm inflationary model characterized by the Hubble slow-roll (HSR) parameter ε{sub H}, and the conditionmore » is extendable to some other inflationary models as well. A proper number of e-folds is obtained in both cases of the tachyon warm inflation, in contrast to existing works. It is also found that a constant dissipative coefficient (Γ = Γ{sub 0}) is usually not a suitable assumption for a warm inflationary model.« less

An H(∞) control approach to robust learning of feedforward neural networks.

PubMed

Jing, Xingjian

2011-09-01

A novel H(∞) robust control approach is proposed in this study to deal with the learning problems of feedforward neural networks (FNNs). The analysis and design of a desired weight update law for the FNN is transformed into a robust controller design problem for a discrete dynamic system in terms of the estimation error. The drawbacks of some existing learning algorithms can therefore be revealed, especially for the case that the output data is fast changing with respect to the input or the output data is corrupted by noise. Based on this approach, the optimal learning parameters can be found by utilizing the linear matrix inequality (LMI) optimization techniques to achieve a predefined H(∞) "noise" attenuation level. Several existing BP-type algorithms are shown to be special cases of the new H(∞)-learning algorithm. Theoretical analysis and several examples are provided to show the advantages of the new method. Copyright © 2011 Elsevier Ltd. All rights reserved.

29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

Code of Federal Regulations, 2014 CFR

2014-07-01

... requests, motions, or similar matters, including motions referred to the administrative law judge by the... hearing to state their respective positions concerning any issue in the case or theory in support thereof...

29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

Code of Federal Regulations, 2012 CFR

2012-07-01

... requests, motions, or similar matters, including motions referred to the administrative law judge by the... hearing to state their respective positions concerning any issue in the case or theory in support thereof...

29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

Code of Federal Regulations, 2011 CFR

2011-07-01

... requests, motions, or similar matters, including motions referred to the administrative law judge by the... hearing to state their respective positions concerning any issue in the case or theory in support thereof...

29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

Code of Federal Regulations, 2013 CFR

2013-07-01

... requests, motions, or similar matters, including motions referred to the administrative law judge by the... hearing to state their respective positions concerning any issue in the case or theory in support thereof...

The Education of Law Librarians in the United States from the Library School Perspective

ERIC Educational Resources Information Center

Jaeger, Paul T.; Gorham, Ursula

2017-01-01

In the United States, the occupation of law librarianship has existed longer than the American Library Association, and law librarians have their own professional organization that is now more than 100 years old. Throughout this history, however, the related issues of degree requirements and education standards for law librarians have been…

77 FR 65905 - Notice of Proposed Withdrawal Extension and Opportunity for Public Meeting; OR

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-31

..., or entry under the general land laws, including the United States mining laws, but not from leasing under the mineral leasing laws, to protect the natural values of the Florence Sand Dunes (FSD). This... leasing under the mineral leasing laws, to protect the existing natural values of the FSD. This notice...

Curriculum and Law: An Elaboration of the Analogy.

ERIC Educational Resources Information Center

Orpwood, Graham W. F.

A new conceptualization of the curriculum field is offered that is based on an analogy with the field of law. The conceptualization is able to account for the existence in curriculum of a variety of differing normative curriculum theories. Two theories of law (natural law and legal positivism) are described and shown to have exact counterparts in…

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

Emergency Medicine and the Underage Athlete

PubMed Central

Martin, David E.

1994-01-01

Most high school and some collegiate athletes are legal minors. In civil matters, the law treats minors (usually individuals under the age of 18 years) uniquely. Limitations exist on a minor's ability to enter into contracts, make determinations regarding medical care, and bear responsibility for personal actions. Medical professionals are often unclear on matters relating to the provision of medical care to minors. The purpose of this discourse is to present selected legal issues in the context of two fictional case studies. Case 1 presents issues regarding the definition of emergency medical conditions and the related emergency medical doctrine. Case 2 provides an example of an acute medical concern which fails to fall under emergency medical classification but rather provides a context for discussing the mature minor doctrine. Both cases are analyzed in light of these doctrines in addition to other pertinent legal considerations. PMID:16558280

[Power and everyday life in a lunatic asylum environment - a case example from Glasgow at the beginning of the 20th century].

PubMed

Gründler, Jens

In this article the focus of analysis lies on power relations in everyday life in one of Glasgow's Pauper Lunatic Asylums at the turn of the twentieth century. Taking a sample of patient case files I examine the daily processes of negotiation between inmates and their relatives, physicians, attendants and nurses as well as the poor law administration. Some cases especially exemplify the complex relationships between the actors. They show which opportunities and boundaries existed for "power brokering" for the more powerless. At the same time these cases illustrate the formal and practical limits of enforcement by doctors and nursing staff. Without turning a blind eve to hierarchies and power imbalances the analysis shows that even in settings like "total institutions" power remains volatile. Even there the more powerful actors have to actualize, seize and prevail on a regular basis.

20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Code of Federal Regulations, 2011 CFR

2011-04-01

... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reason to change the decision of the administrative law judge, it will issue a notice to you addressing your exceptions and explaining why no change in the decision of the administrative law judge is...

20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Code of Federal Regulations, 2010 CFR

2010-04-01

... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reason to change the decision of the administrative law judge, it will issue a notice to you addressing your exceptions and explaining why no change in the decision of the administrative law judge is...

Can Law Foster Social-Ecological Resilience?

EPA Science Inventory

Law plays an essential role in shaping natural resource and environmental policy. Unfortunately, many of the environmental laws now in place were developed around the prevailing scientific understanding in the 1960s and 1970s the natural world existed within an envelope of predic...

28 CFR 65.81 - General definitions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE... administration of the immigration laws of the United States and in meeting urgent demands arising from the... characteristics that effective administration of the immigration laws of the United States is beyond the existing...

28 CFR 65.81 - General definitions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE... administration of the immigration laws of the United States and in meeting urgent demands arising from the... characteristics that effective administration of the immigration laws of the United States is beyond the existing...

28 CFR 65.81 - General definitions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE... administration of the immigration laws of the United States and in meeting urgent demands arising from the... characteristics that effective administration of the immigration laws of the United States is beyond the existing...

28 CFR 65.81 - General definitions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE... administration of the immigration laws of the United States and in meeting urgent demands arising from the... characteristics that effective administration of the immigration laws of the United States is beyond the existing...

28 CFR 65.81 - General definitions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE... administration of the immigration laws of the United States and in meeting urgent demands arising from the... characteristics that effective administration of the immigration laws of the United States is beyond the existing...

Quantum mechanics from Newton's second law and the canonical commutation relation [X, P] = i

NASA Astrophysics Data System (ADS)

Palenik, Mark C.

2014-07-01

Despite the fact that it has been known since the time of Heisenberg that quantum operators obey a quantum version of Newton's laws, students are often told that derivations of quantum mechanics must necessarily follow from the Hamiltonian or Lagrangian formulations of mechanics. Here, we first derive the existing Heisenberg equations of motion from Newton's laws and the uncertainty principle using only the equations F=\\frac{dP}{dt}, P=m\\frac{dV}{dt}, and [X, P] = i. Then, a new expression for the propagator is derived that makes a connection between time evolution in quantum mechanics and the motion of a classical particle under Newton's laws. The propagator is solved for three cases where an exact solution is possible: (1) the free particle; (2) the harmonic oscillator; and (3) a constant force, or linear potential in the standard interpretation. We then show that for a general for a general force F(X), by Taylor expanding X(t) in time, we can use this methodology to reproduce the Feynman path integral formula for the propagator. Such a picture may be useful for students as they make the transition from classical to quantum mechanics and help solidify the equivalence of the Hamiltonian, Lagrangian, and Newtonian pictures of physics in their minds.

A fresh look at crater scaling laws for normal and oblique hypervelocity impacts

NASA Technical Reports Server (NTRS)

Watts, A. J.; Atkinson, D. R.; Rieco, S. R.; Brandvold, J. B.; Lapin, S. L.; Coombs, C. R.

1993-01-01

With the concomitant increase in the amount of man-made debris and an ever increasing use of space satellites, the issue of accidental collisions with particles becomes more severe. While the natural micrometeoroid population is unavoidable and assumed constant, continued launches increase the debris population at a steady rate. Debris currently includes items ranging in size from microns to meters which originated from spent satellites and rocket cases. To understand and model these environments, impact damage in the form of craters and perforations must be analyzed. Returned spacecraft materials such as those from LDEF and Solar Max have provided such a testbed. From these space-aged samples various impact parameters (i.e., particle size, particle and target material, particle shape, relative impact speed, etc.) may be determined. These types of analyses require the use of generic analytic scaling laws which can adequately describe the impact effects. Currently, most existing analytic scaling laws are little more than curve-fits to limited data and are not based on physics, and thus are not generically applicable over a wide range of impact parameters. During this study, a series of physics-based scaling laws for normal and oblique crater and perforation formation has been generated into two types of materials: aluminum and Teflon.

On Faraday's law in the presence of extended conductors

NASA Astrophysics Data System (ADS)

Bilbao, Luis

2018-06-01

The use of Faraday's Law of induction for calculating the induced currents in an extended conducting body is discussed. In a general case with arbitrary geometry, the solution to the problem of a moving metal object in the presence of a magnetic field is difficult and implies solving Maxwell's equations in a time-dependent situation. In many cases, including cases with good conductors (but not superconductors) Ampère's Law can be neglected and a simpler solution based solely in Faraday's law can be obtained. The integral form of Faraday's Law along any loop in the conducting body is equivalent to a Kirkhhoff's voltage law of a circuit. Therefore, a numerical solution can be obtained by solving a linear system of equations corresponding to a discrete number of loops in the body.

Action principle for Coulomb collisions in plasmas

DOE Office of Scientific and Technical Information (OSTI.GOV)

Hirvijoki, Eero

In this study, an action principle for Coulomb collisions in plasmas is proposed. Although no natural Lagrangian exists for the Landau-Fokker-Planck equation, an Eulerian variational formulation is found considering the system of partial differential equations that couple the distribution function and the Rosenbluth-MacDonald-Judd potentials. Conservation laws are derived after generalizing the energy-momentum stress tensor for second order Lagrangians and, in the case of a test-particle population in a given plasma background, the action principle is shown to correspond to the Langevin equation for individual particles.

Action principle for Coulomb collisions in plasmas

DOE PAGES

Hirvijoki, Eero

2016-09-14

In this study, an action principle for Coulomb collisions in plasmas is proposed. Although no natural Lagrangian exists for the Landau-Fokker-Planck equation, an Eulerian variational formulation is found considering the system of partial differential equations that couple the distribution function and the Rosenbluth-MacDonald-Judd potentials. Conservation laws are derived after generalizing the energy-momentum stress tensor for second order Lagrangians and, in the case of a test-particle population in a given plasma background, the action principle is shown to correspond to the Langevin equation for individual particles.

The legal duty of physicians and hospitals to provide emergency care

PubMed Central

Walker, Anne F.

2002-01-01

ACCESSIBILITY OF HOSPITAL EMERGENCY SERVICES HAS BEEN an issue of increasing concern and was recently brought into public focus in Ontario by the tragic death of Joshua Fleuelling, whose ambulance was redirected from the nearest hospital. As will be reviewed, the limited case law has identified a legal duty for physicians and hospitals to provide treatment to people in need of emergency care, a duty that should be considered when formulating hospital policies. The impact of this duty of care on the existing standard of medical practice will be considered. PMID:11873926

Abortion Law and Policy Around the World

PubMed Central

2017-01-01

Abstract The aim of this paper is to provide a panoramic view of laws and policies on abortion around the world, giving a range of country-based examples. It shows that the plethora of convoluted laws and restrictions surrounding abortion do not make any legal or public health sense. What makes abortion safe is simple and irrefutable—when it is available on the woman’s request and is universally affordable and accessible. From this perspective, few existing laws are fit for purpose. However, the road to law reform is long and difficult. In order to achieve the right to safe abortion, advocates will need to study the political, health system, legal, juridical, and socio-cultural realities surrounding existing law and policy in their countries, and decide what kind of law they want (if any). The biggest challenge is to determine what is possible to achieve, build a critical mass of support, and work together with legal experts, parliamentarians, health professionals, and women themselves to change the law—so that everyone with an unwanted pregnancy who seeks an abortion can have it, as early as possible and as late as necessary. PMID:28630538

Thermodynamic Laws of Neutrino and Photon Emission.

ERIC Educational Resources Information Center

Walsh, P. J.; Gallo, C. F.

1980-01-01

Compares neutrino and photon emissions, develops the thermodynamic blackbody laws of neutrino emission analogous to laws governing photon emission, points out that combined radiation from a "true blackbody" consists of both photon and neutrino emissions of comparable magnitude, and speculates upon the existence of blackbody neutrino…

Collaborative Public Health Investigation of Clenbuterol-Adulterated Heroin Outbreak-Richmond, Virginia, March-April 2015.

PubMed

Gleason, Brigette; West, Angela; Avula, Danny; Utah, Okey; Vogt, Marshall; Cumpston, Kirk; Kelly, Michael; Brasler, Paul; Wyatt, Shane; Forlano, Laurie

In March 2015, the Virginia Department of Health (VDH) was alerted by the Virginia Poison Center of a 6-patient cluster treated for severe clinical presentations after using heroin. Patients' symptoms were atypical for heroin use, and concern existed that patients were exposed to heroin that had been adulterated with or replaced by another substance. To understand the extent and characterization of the outbreak and implement response measures to prevent further cases. The purpose of this report is to highlight the collaborative nature of a public health investigation among a diverse group of stakeholders. Active surveillance and retrospective case finding. Richmond metro area community and hospitals. Regional poison centers, the Division of Consolidated Laboratory Services, the Department of Behavioral Health and Developmental Services, community partners, local law enforcement, and multiple VDH divisions. Outbreak investigation, communication to public health professionals, clinicians, and the community, and liaising with the local law enforcement. Outbreak control. Laboratory confirmation of clenbuterol in clinical specimens implicated it as the heroin adulterant. Thirteen patients met clinical and epidemiologic criteria for exposure to clenbuterol-adulterated heroin. All patients were associated with a localized area within Richmond, and patient interviews elucidated heroin supplier information. VDH collaborated with local law enforcement agents who investigated and arrested the supplier, leading to cessation of the outbreak. This outbreak highlights the value of policies and practices that support an integrated outbreak response among public health practitioners, poison center staff, laboratorians, clinicians, law enforcement agents, community groups, and other agencies. Collaboration enabled implementation of effective control measures-including those outside the purview of the health department-and should be standard practice in future outbreaks involving illicit substances.

New Technologies, New Problems, New Laws.

PubMed

Recupero, Patricia R

2016-09-01

Forensic psychiatrists in the 21st century can expect to encounter technology-related social problems for which existing legal remedies are limited. In addition to the inadequate protection of adolescents using social media as outlined by Costello et al., current laws are often poorly suited to remedy problems such as cyberharassment, sexting among minors, and the publication of threatening or harmful communications online. Throughout history, technological developments have often preceded the introduction of new laws or the careful revision of existing laws. This pattern is evident in many of the newer social problems that involve technology, including cyberbullying, online impersonation, and revenge porn. As specialists working at the intersection of human behavior and the law, forensic psychiatrists are uniquely situated to help legal professionals and others understand the impact of internet-related problematic behaviors on victims and, perhaps, to assist in the development of new legal remedies that are better tailored to our increasingly digital society. © 2016 American Academy of Psychiatry and the Law.

International Law and the Society of Nations: An Introduction to Public International Law in the 1990s. Cases and Materials.

ERIC Educational Resources Information Center

King, Jason Scott, Ed.; Scurti, Jason, Ed.; And Others

This casebook on international law was developed by high school students around the globe and emphasizes the important role that students can play in furthering international law education. The text provides teachers and students with a summary review of 25 major cases heard by the International Court of Justice, along with additional materials.…

The Relevance of History of Biology to Teaching and Learning in the Life Sciences: The Case of Mendel's Laws

ERIC Educational Resources Information Center

Dagher, Zoubeida R.

2014-01-01

Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…

An overview of Medicaid managed care litigation.

PubMed

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 administrative and regulatory law. Thus, Medicaid managed care cases have implications for other public purchasers of managed care arrangements, including state mental health and alcohol and substance abuse agencies.

[Victims of Acts of Violence during the Procedure of the Victim Reparation Law - Characteristics of the Affected, Acts, Perpetrators and Predictors for the Period Until Claim of Help Provided by Law].

PubMed

Franke, Stefanie; Kalweit, Christine; Frey, Annelene; Heddergott, Hanna; Mitschke, Astrid-Christine; Wehrmeyer, Matthias; Heinrichs, Nina; Kröger, Christoph

2018-06-22

Coping with psychological trauma plays a central role in victims of acts of violence. The Victim Reparation Law (in German: Opferentschädigungsgesetz, OEG) provides services for the reparation of participation. To further improve the care of the affected persons, the characteristics of the victims were determined in relation to the acts and the perpetrators. 312 OEG-files of adult victims were sighted. On the basis of a system of categories, demographic data, trauma specific and health-related characteristics of the victims, relevant characteristics of the perpetrators and the violence, as well as predictors for the time difference between the violent act and the application were determined. Mostly women (71%) were affected by acts of violence. 49% of the affected persons suffered from physical and 87% from psychological impairment (64% of these from a posttraumatic stress disorder). 55% of the acts of violence were sex crimes, 47% were bodily injuries and in 44% additional psychological abuse existed. The perpetrators were often connected to the victims. 42% of the offenses concerned domestic violence. Time difference between the act of violence and the request for help which is provided by law variated between 0 and 52 years. 50% made use of help within one year, further 15.2% within five years. In 34.3% of cases, time difference was longer than 5 years. In case of serial and severe traumatizations, depression and close connections between victim and perpetrator help provided by law was called for only late. Many victims of acts of violence acts are psychologically traumatized. In order to prevent a traumatization from becoming a permanent health disorder, the offering of early evidence-based specialist or psychological acute therapy (e. g., in trauma outpatient clinics) ought to be optimized. © Georg Thieme Verlag KG Stuttgart · New York.

ACHP | Federal Historic Preservation Case Law, 1966-2000

Science.gov Websites

of cases from 1996 to 2000. Federal Historic Preservation Case Law, 1966-2000 features an essay on authorities, and procedural issues in litigating preservation cases. It continues with 158 chronologically arranged digests of cases decided in Federal courts since 1966. Extensive footnotes, tables, and a

How can a state control swallowing? The home use of abortion pills in Ireland.

PubMed

Sheldon, Sally

2016-11-01

Evidence suggests that there is widespread home use of abortion pills in Ireland and that ending a pregnancy in this way is potentially safer than the alternatives available to many women. This paper argues that there is a strong case for women with unwanted pregnancies to be offered truthful and objective information regarding the use of abortion pills by trusted local professionals and, further, that this is possible within existing law. A move in this direction would not, however, negate the need for legal reform to address the fundamental moral incoherence of a law that treats women who terminate pregnancies within Ireland as criminals but those who travel to access services overseas as victims in need of support. In support of these arguments, the paper draws on both library research and a small number of interviews with government officials, service providers and activists. Copyright © 2016 Elsevier Inc. All rights reserved.

Dynamic Disorder in Quasi-Equilibrium Enzymatic Systems

PubMed Central

Chaudhury, Srabanti; Igoshin, Oleg A.

2010-01-01

Conformations and catalytic rates of enzymes fluctuate over a wide range of timescales. Despite these fluctuations, there exist some limiting cases in which the enzymatic catalytic rate follows the macroscopic rate equation such as the Michaelis-Menten law. In this paper we investigate the applicability of macroscopic rate laws for fluctuating enzyme systems in which catalytic transitions are slower than ligand binding-dissociation reactions. In this quasi-equilibrium limit, for an arbitrary reaction scheme we show that the catalytic rate has the same dependence on ligand concentrations as obtained from mass-action kinetics even in the presence of slow conformational fluctuations. These results indicate that the timescale of conformational dynamics – no matter how slow – will not affect the enzymatic rate in quasi-equilibrium limit. Our numerical results for two enzyme-catalyzed reaction schemes involving multiple substrates and inhibitors further support our general theory. PMID:20808776

Shock wave refraction enhancing conditions on an extended interface

DOE Office of Scientific and Technical Information (OSTI.GOV)

Markhotok, A.; Popovic, S.

2013-04-15

We determined the law of shock wave refraction for a class of extended interfaces with continuously variable gradients. When the interface is extended or when the gas parameters vary fast enough, the interface cannot be considered as sharp or smooth and the existing calculation methods cannot be applied. The expressions we derived are general enough to cover all three types of the interface and are valid for any law of continuously varying parameters. We apply the equations to the case of exponentially increasing temperature on the boundary and compare the results for all three types of interfaces. We have demonstratedmore » that the type of interface can increase or inhibit the shock wave refraction. Our findings can be helpful in understanding the results obtained in energy deposition experiments as well as for controlling the shock-plasma interaction in other settings.« less

Scaling Laws for NanoFET Sensors

NASA Astrophysics Data System (ADS)

Wei, Qi-Huo; Zhou, Fu-Shan

2008-03-01

In this paper, we report our numerical studies of the scaling laws for nanoplate field-effect transistor (FET) sensors by simplifying the nanoplates as random resistor networks. Nanowire/tube FETs are included as the limiting cases where the device width goes small. Computer simulations show that the field effect strength exerted by the binding molecules has significant impact on the scaling behaviors. When the field effect strength is small, nanoFETs have little size and shape dependence. In contrast, when the field-effect strength becomes stronger, there exists a lower detection threshold for charge accumulation FETs and an upper detection threshold for charge depletion FET sensors. At these thresholds, the nanoFET devices undergo a transition between low and large sensitivities. These thresholds may set the detection limits of nanoFET sensors. We propose to eliminate these detection thresholds by employing devices with very short source-drain distance and large width.

Sex Discrimination Law in Higher Education: The Lessons of the Past Decade. ASHE-ERIC Higher Education Research Report No. 4, 1984.

ERIC Educational Resources Information Center

Lindgren, J. Ralph; And Others

The obligations of colleges and universities under existing laws prohibiting sex discrimination are discussed. Attention is directed to developments in the law relating to sex discrimination against employees and against students in colleges and universities, and practical and cost-efficient strategies for complying with the law. The pertinent…

Existence of k⁻¹ power-law scaling in the equilibrium regions of wall-bounded turbulence explained by Heisenberg's eddy viscosity.

PubMed

Katul, Gabriel G; Porporato, Amilcare; Nikora, Vladimir

2012-12-01

The existence of a "-1" power-law scaling at low wavenumbers in the longitudinal velocity spectrum of wall-bounded turbulence was explained by multiple mechanisms; however, experimental support has not been uniform across laboratory studies. This letter shows that Heisenberg's eddy viscosity approach can provide a theoretical framework that bridges these multiple mechanisms and explains the elusiveness of the "-1" power law in some experiments. Novel theoretical outcomes are conjectured about the role of intermittency and very-large scale motions in modifying the k⁻¹ scaling.

5 CFR 2421.9 - Administrative Law Judge.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 5 Administrative Personnel 3 2013-01-01 2013-01-01 false Administrative Law Judge. 2421.9 Section... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C...

Positive contraction mappings for classical and quantum Schrödinger systems

NASA Astrophysics Data System (ADS)

Georgiou, Tryphon T.; Pavon, Michele

2015-03-01

The classical Schrödinger bridge seeks the most likely probability law for a diffusion process, in path space, that matches marginals at two end points in time; the likelihood is quantified by the relative entropy between the sought law and a prior. Jamison proved that the new law is obtained through a multiplicative functional transformation of the prior. This transformation is characterised by an automorphism on the space of endpoints probability measures, which has been studied by Fortet, Beurling, and others. A similar question can be raised for processes evolving in a discrete time and space as well as for processes defined over non-commutative probability spaces. The present paper builds on earlier work by Pavon and Ticozzi and begins by establishing solutions to Schrödinger systems for Markov chains. Our approach is based on the Hilbert metric and shows that the solution to the Schrödinger bridge is provided by the fixed point of a contractive map. We approach, in a similar manner, the steering of a quantum system across a quantum channel. We are able to establish existence of quantum transitions that are multiplicative functional transformations of a given Kraus map for the cases where the marginals are either uniform or pure states. As in the Markov chain case, and for uniform density matrices, the solution of the quantum bridge can be constructed from the fixed point of a certain contractive map. For arbitrary marginal densities, extensive numerical simulations indicate that iteration of a similar map leads to fixed points from which we can construct a quantum bridge. For this general case, however, a proof of convergence remains elusive.

[What kind of training can be suitable to promote integrity within the Public Health Service? The experience of the ASL in Modena].

PubMed

Valenzano, Federico; Balugani, Luca

2015-04-01

The aim of this article is to present a training experience on the Italian Law "to prevent and contrast corruption in the Public Administration", carried on in the Public Health Service of Modena. It has been two years since the Law 190/2012 was approved, and with this contribution we would like to explore what type of training is congruous with the legislator's aims. Necessary, the consulter has had to assume the institutional mandate (imposed by the Law), but moreover he tried to understand what are the management approaches and organizational cultures that derive from it. Therefore, in addition to the "normative code" derived from the Law, it was necessary (during the training) to assume a "community code" that derives from building alliances and people's sense of responsibility. This step was crucial to start speaking of anti-corruption. Due to these premises, we assume the idea of a training as a stimulus for changing and strengthening capabilities in complex organizational contexts. In this case, instead of static, equilibrium and linearity, people's uncertainty and freedom prevails; relationships and individuals' identification with organizations is weak. Thus, the consulter has to project and develop people's capacity to think and to increase knowledge. Here knowledge means understanding problematic contexts and not building theoretical models to be applied. This contribution would like to prove how it is necessary to develop a knowledge connected to people actions and behaviors; it is a co-construct process done with some key- individuals in the organization, starting from concrete problems instead of abstract subjects. The consulter has used the indications that derives from the Law, but he has projected and developed a training system based on information and sensitization aimed at powering best practices that already exists in the organization. In fact, the key factor of this experience was to take the point of view of different professional experiences in the organization and to work on case studies that people themselves have proposed on the subjects derived from the application of the Law.

Tribal organizations and energy development: Recognized sovereignty, regulations, and planning

NASA Astrophysics Data System (ADS)

Wilson, Amy James

Tribal governments' capacity to implement land use controls within their Nations is limited by the United States Constitution and federal law; however, tribal governments have inherent sovereignty to protect, guide, and govern the lands under their jurisdiction to protect and enhance the safety, health, and welfare of their members. The aim of this thesis was to investigate and identify (1) the extent to which tribal Nations have sovereignty over their lands and authority to regulate land use within their jurisdiction and (2) the present status and extent to which Native American tribal governments use their sovereignty over land use development concerning oil and natural gas development within their jurisdiction. The study was qualitative in nature and focused on a comprehensive archival review and a one-case case study. Constitutional law, federal Indian law, environmental law, and tribal law were considered. The thesis first examines the results of the archival review, which demonstrates that tribes, while limited by federal law, have sovereignty and authority to control land use within their territories. The Three Affiliated Tribes of the Fort Berthold Reservation were also examined. The Tribes were chosen based on location, level of oil and natural gas production, and accessibility of information. The most current information available was used for the study. The data for the study was obtained from the Internet. The research suggests that tribes are implementing land use controls and participating in land use and comprehensive planning; however, they are not doing so to the extent of their sovereignty. This study demonstrates that tribal governments do indeed have authority over their lands and resources and cannot fully take advantage of their sovereignty without practicing self-governance over their natural, built, and human environments. Questions remain regarding the reasons that tribal governments are not implementing land use controls and engaging in land use planning to the extent of their sovereignty. Further research is needed to understand the reasons that tribal organizations are not taking full advantage of the existing sovereignty of their lands and resources.

Fatal injuries to teenage construction workers in the US.

PubMed

Suruda, Anthony; Philips, Peter; Lillquist, Dean; Sesek, Richard

2003-11-01

The construction industry is second only to agriculture in the annual number of fatal injuries in workers less than 18 years of age. We examined fatal injury reports for youth and adult workers to determine risk factors for injury and applicability of existing child labor regulations. The US Occupational Safety & Health Administration (OSHA) investigation data for fatal work injuries from 1984 through 1998 were reviewed with respect to type of event, employer characteristics, and apparent violations of existing child labor laws under the Fair Labor Standards Act (FLSA). We also examined whether the employer met exemption criteria for federal enforcement of child labor or OSHA regulations. The fatality rate for teenage construction workers age 19 and younger was 12.1 per 100,000 per year, slightly less than for adult workers. Teenage workers who were fatally injured were more likely than adults to have been employed at non-union construction firms (odds ratio (OR) = 4.96, P < 0.05), firms with fewer than 11 employees (OR = 1.72, P < 0.05), and their employers were more likely to have been cited by OSHA for safety violations (OR = 1.66, P < 0.05) than for firms which were investigated because of a fatality in an adult worker. Fatalities in teenagers were more likely to occur in special construction trades such as roofing. Among fatalities in workers less than 18 years of age, approximately one-half (49%) of the 76 fatal injuries were in apparent violation of existing child labor regulations. We estimated that in 41 of the 76 cases (54%) the employer's gross annual income exceeded the $500,000 threshold for federal enforcement of child labor laws. Only 28 of 76 cases (37%) were at construction firms with 11 or more employees, which are subject to routine OSHA inspections. Fatal injuries in teenage construction workers differed from those in adults in that they were more likely to be at small, non-union firms of which a substantial proportion were exempt from federal enforcement of child labor laws and from routine OSHA inspections. Safety programs for young construction workers should include small, non-union construction firms and those in special construction trades such as roofing. We did not identify specific areas for new regulation but the number of fatalities reviewed was small. Copyright 2003 Wiley-Liss, Inc.

Critical Issues in School Law.

ERIC Educational Resources Information Center

Lewis, Larry

This publication summarizes and explains education-related court decisions in an effort to supply school people with guidelines in determining how school law applies to specific situations in their school districts. Although there is some emphasis on Oklahoma law, cases cited originated in all parts of the United States. Cases cited concern civil…

Existence of negative differential thermal conductance in one-dimensional diffusive thermal transport

NASA Astrophysics Data System (ADS)

Hu, Jiuning; Chen, Yong P.

2013-06-01

We show that in a finite one-dimensional (1D) system with diffusive thermal transport described by the Fourier's law, negative differential thermal conductance (NDTC) cannot occur when the temperature at one end is fixed and there are no abrupt junctions. We demonstrate that NDTC in this case requires the presence of junction(s) with temperature-dependent thermal contact resistance (TCR). We derive a necessary and sufficient condition for the existence of NDTC in terms of the properties of the TCR for systems with a single junction. We show that under certain circumstances we even could have infinite (negative or positive) differential thermal conductance in the presence of the TCR. Our predictions provide theoretical basis for constructing NDTC-based devices, such as thermal amplifiers, oscillators, and logic devices.

The Italian regulation on Assisted Reproductive Technologies facing the European Court of Human Rights: the case of Costa and Pavan v. Italy.

PubMed

Penasa, Simone

2012-01-01

This article will describe the current legal framework on Assisted Reproduction Technology (ART) regulation in Italy, taking into account recent case-law derived from the implementation of the Law 40 of 2004 on ART. Special attention will be devoted to the case of Costa and Pavan v. Italy, recently decided by the Tenth Session of the European Court of Human Rights (ECtHR). In that decision, the European Court declared the incompatibility of the ban to pre-implantation genetic diagnosis introduced by the abovementioned Italian law on ART. The case will be analysed from a dual perspective. On the one hand, it will be considered in the light of the ECtHR case-law, in order to derive systematic aspects of continuity or discontinuity between the former and the latter2. On the other hand, the case will be considered in the light of its concrete and prospective impact on the Italian legal approach to ART regulation, considering especially the direct and indirect influence of the case: e.g., its possible utilisation by Italian judges when they are called upon to implement Law 40.

Raising the Bar: A Qualitative Study of Adult Learning Theory and Its Role on the Effectiveness of Law School Education in Preparing New Graduates to Begin the Practice of Law

ERIC Educational Resources Information Center

Taylor, Bryan Finley

2010-01-01

This qualitative research study examined the effectiveness of law school education in preparing new attorneys to practice law from the view point of novice criminal law attorneys. A debate has existed over the past few decades between legal academia and the practicing bar as to what are the most effective learning processes and strategies of…

Magnetic monopoles, Galilean invariance, and Maxwell's equations

DOE Office of Scientific and Technical Information (OSTI.GOV)

Crawford, F.S.

1992-02-01

Maxwell's equations have space reserved for magnetic monopoles. Whether or not they exist in our part of the universe, monopoles provide a useful didactic tool to help us recognize relations among Maxwell's equations less easily apparent in the approach followed by many introductory textbooks, wherein Coulomb's law, Biot and Savart's law, Ampere's law, Faraday's law, Maxwell's displacement current, etc., are introduced independently, as demanded by experiment.'' Instead a conceptual path that deduces all of Maxwell's equations from the near-minimal set of assumptions: (a) Inertial frames exist, in which Newton's laws hold, to a first approximation; (b) the laws of electrodynamicsmore » are Galilean invariant---i.e., they have the same form in every inertial frame, to a first approximation; (c) magnetic poles (as well as the usual electric charges) exist; (d) the complete Lorentz force on an electric charge is known; (e) the force on a monopole at rest is known; (f) the Coulomb-like field produced by a resting electric charge and by a resting monopole are known. Everything else is deduced. History is followed in the assumption that Newtonian mechanics have been discovered, but not special relativity. (Only particle velocities {ital v}{much lt}{ital c} are considered.) This ends up with Maxwell's equations (Maxwell did not need special relativity, so why should we,) but facing Einstein's paradox, the solution of which is encapsulated in the Einstein velocity-addition formula.« less

Sexual Harassment in the Law Enforcement Workplace.

ERIC Educational Resources Information Center

Irons, Nicholas H.

Considerable confusion exists over male/female relationships in the work place, especially in such male-dominated professions as law enforcement. The laws governing sexual harassment offer unclear guidelines regarding the definition of harm that results from such harassment. This paper addresses the special problems of sexual harassment in the…

Library Records: A Review of Confidentiality Laws and Policies.

ERIC Educational Resources Information Center

Million, Angela C.; Fisher, Kim N.

1986-01-01

Cites the importance of having a state law, knowing what it says, and having a library policy statement regarding the confidentiality of patron records. Discussion covers writing and implementing a policy, the role of automation, existing laws, library records defined, exceptions to confidentiality, and legal liability. Thirty-seven references are…

40 CFR 403.4 - State or local law.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 40 Protection of Environment 30 2013-07-01 2012-07-01 true State or local law. 403.4 Section 403.4 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) EFFLUENT GUIDELINES AND STANDARDS GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION § 403.4 State or local law...

Gravitation in Material Media

ERIC Educational Resources Information Center

Ridgely, Charles T.

2011-01-01

When two gravitating bodies reside in a material medium, Newton's law of universal gravitation must be modified to account for the presence of the medium. A modified expression of Newton's law is known in the literature, but lacks a clear connection with existing gravitational theory. Newton's law in the presence of a homogeneous material medium…

43 CFR 2091.1 - Action on applications and mining claims.

Code of Federal Regulations, 2011 CFR

2011-10-01

... Segregation and Opening of Lands § 2091.1 Action on applications and mining claims. (a) Except where the law... lessee exclusive use of the lands; (4) Classifications existing under appropriate law: (5) Segregation due to an application previously filed under appropriate law and regulations; (6) Segregation...

Thoughts on Amending China's "Vocational Education Law"

ERIC Educational Resources Information Center

Liu, Yufeng

2014-01-01

An analysis of China's existing "Vocational Education Law" finds that it does not focus entirely on human development or career advancement, nor does it fully reflect the special requirements of vocational education. It does not align the obligations, rights, and liabilities of vocational education stakeholders. The law does not specify…

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

PubMed

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.

Involvement: A Practical Handbook for Teachers on Law-Related Methodologies. Law Related Education Program for the Schools of Maryland. Secondary Level.

ERIC Educational Resources Information Center

Vetter, Donald P.; Paradis, Gerard W.

The teacher's handbook provides goals, objectives, and teaching strategies helpful to secondary teachers in supplementing existing law-related curriculum materials in the social studies classroom. Intended as a means of actively involving students in a study of law, the first section presents 19 lesson plans and selected student resources for use…

Interdisciplinary Psychology and Law Training in Family and Child Mediation: An Empirical Study of the Effects on Law Student Mediators

ERIC Educational Resources Information Center

Holtzworth-Munroe, Amy; Applegate, Amy G.; Rudd Brittany N.; Freeman, Ann; D'Onofrio, Brian

2013-01-01

There is growing interest in interdisciplinary training programs for law students. The goal of these programs is to prepare law students for the real world interdisciplinary settings they will face in their careers. However, there exists little research to provide evidence of the utility of such training. This study examined the effectiveness of…

Timing of entry to care by newly diagnosed HIV cases before and after the 2010 New York State HIV testing law.

PubMed

Gordon, Daniel E; Bian, Fuqin; Anderson, Bridget J; Smith, Lou C

2015-01-01

Prompt entry to care after HIV diagnosis benefits the infected individual and reduces the likelihood of further transmission of the virus. The New York State HIV Testing Law of 2010 requires diagnosing providers to refer persons newly diagnosed with HIV to follow-up medical care. This study used routinely collected HIV-related laboratory data from the New York State HIV surveillance system to assess whether the fraction of newly diagnosed cases entering care within 90 days of diagnosis increased after the implementation of the law. Laboratory data on 23,302 newly diagnosed cases showed that entry to care within 90 days rose steadily from 72.0% in 2007 to 85.4% in 2012. The rise was observed across all race/ethnic groups, ages, transmission risk groups, sexes, and regions of residence. Logistic regression analyses of entry to care pre-law and post-law, controlling for demographic characteristics, transmission risk, and geographic area, indicate that percentage of newly diagnosed cases entering care within 90 days grew more rapidly in the post-law period. This is consistent with a positive effect of the law on entry to care.

Unusual fentanyl patch administration.

PubMed

Thomas, Sandra; Winecker, Ruth; Pestaner, Joseph P

2008-06-01

Fentanyl is an extremely potent narcotic analgesic that is becoming more popular as a drug of abuse. Because of the unique way in which the drug is packaged and delivered, the potential for unusual methods of abuse exists. We report the first case of true fentanyl patch ingestion in the medical literature. Initially, though unusual, cases of fentanyl ingestion were thought to have been reported, but further investigation of the literature revealed that in other case reports the patches had been held in the mouth and chewed. Because no reports of swallowing the patch had been published, suicide was initially a strong consideration in this case; however, further investigation showed that the decedent and his brother enjoyed swallowing the patches for quick "highs." Cases such as these serve to remind medical examiners and law enforcement officials of the value of performing thorough death investigations by performing complete autopsies with toxicological testing and correlating with investigation information to form an opinion with regard to the cause and manner of death.

Prescription opioid forgery: reporting to law enforcement and protection of medical information.

PubMed

Singh, Naileshni; Fishman, Scott; Rich, Ben; Orlowski, Anna

2013-06-01

To review confidentiality requirements of prescribers who become aware of a forged prescription. A case is reviewed in which a prescriber believes that a prescription has been forged. The literature and law related to prescription forgery and confidentiality are reviewed. Although prescription forgery is a crime, the prescriber's responsibility for reporting to law enforcement is not clear under current state and federal law. Federal laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA), do not permit prescribers in all circumstances to disclose prescription fraud to law enforcement. Under common circumstances, HIPAA may prohibit prescribers from reporting prescription forgery to law enforcement. However, collaborating with a dispensing pharmacist may offer a lawful pathway to reporting prescription forgery. State legislature may consider laws that clarify the reporting responsibilities of prescribers in cases of prescription forgery. Wiley Periodicals, Inc.

Conscientious refusal in healthcare: the Swedish solution.

PubMed

Munthe, Christian

2017-04-01

The Swedish solution to the legal handling of professional conscientious refusal in healthcare is described. No legal right to conscientious refusal for any profession or class of professional tasks exists in Sweden, regardless of the religious or moral background of the objection. The background of this can be found in strong convictions about the importance of public service provision and related civic duties, and ideals about rule of law, equality and non-discrimination. Employee's requests to change work tasks are handled on a case-by-case basis within the frames of labour law, ensuring full voluntariness, and also employer's privilege regarding the organisation and direction of work, and duties of public institutions to provide services. Two complicating aspects of this solution related to the inclusion of 'alternative medical' service providers in a national health service, and professional insistence on conscientious refusal rights to accept legalised assisted dying are discussed. The latter is found to undermine the pragmatic reasons behind recent attempts by prolife groups to challenge the Swedish solution related to legal abortion in courts. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

Transient in-plane thermal transport in nanofilms with internal heating

PubMed Central

Cao, Bing-Yang

2016-01-01

Wide applications of nanofilms in electronics necessitate an in-depth understanding of nanoscale thermal transport, which significantly deviates from Fourier's law. Great efforts have focused on the effective thermal conductivity under temperature difference, while it is still ambiguous whether the diffusion equation with an effective thermal conductivity can accurately characterize the nanoscale thermal transport with internal heating. In this work, transient in-plane thermal transport in nanofilms with internal heating is studied via Monte Carlo (MC) simulations in comparison to the heat diffusion model and mechanism analyses using Fourier transform. Phonon-boundary scattering leads to larger temperature rise and slower thermal response rate when compared with the heat diffusion model based on Fourier's law. The MC simulations are also compared with the diffusion model with effective thermal conductivity. In the first case of continuous internal heating, the diffusion model with effective thermal conductivity under-predicts the temperature rise by the MC simulations at the initial heating stage, while the deviation between them gradually decreases and vanishes with time. By contrast, for the one-pulse internal heating case, the diffusion model with effective thermal conductivity under-predicts both the peak temperature rise and the cooling rate, so the deviation can always exist. PMID:27118903

Kuramoto model with uniformly spaced frequencies: Finite-N asymptotics of the locking threshold.

PubMed

Ottino-Löffler, Bertrand; Strogatz, Steven H

2016-06-01

We study phase locking in the Kuramoto model of coupled oscillators in the special case where the number of oscillators, N, is large but finite, and the oscillators' natural frequencies are evenly spaced on a given interval. In this case, stable phase-locked solutions are known to exist if and only if the frequency interval is narrower than a certain critical width, called the locking threshold. For infinite N, the exact value of the locking threshold was calculated 30 years ago; however, the leading corrections to it for finite N have remained unsolved analytically. Here we derive an asymptotic formula for the locking threshold when N≫1. The leading correction to the infinite-N result scales like either N^{-3/2} or N^{-1}, depending on whether the frequencies are evenly spaced according to a midpoint rule or an end-point rule. These scaling laws agree with numerical results obtained by Pazó [D. Pazó, Phys. Rev. E 72, 046211 (2005)PLEEE81539-375510.1103/PhysRevE.72.046211]. Moreover, our analysis yields the exact prefactors in the scaling laws, which also match the numerics.

Transient in-plane thermal transport in nanofilms with internal heating.

PubMed

Hua, Yu-Chao; Cao, Bing-Yang

2016-02-01

Wide applications of nanofilms in electronics necessitate an in-depth understanding of nanoscale thermal transport, which significantly deviates from Fourier's law. Great efforts have focused on the effective thermal conductivity under temperature difference, while it is still ambiguous whether the diffusion equation with an effective thermal conductivity can accurately characterize the nanoscale thermal transport with internal heating. In this work, transient in-plane thermal transport in nanofilms with internal heating is studied via Monte Carlo (MC) simulations in comparison to the heat diffusion model and mechanism analyses using Fourier transform. Phonon-boundary scattering leads to larger temperature rise and slower thermal response rate when compared with the heat diffusion model based on Fourier's law. The MC simulations are also compared with the diffusion model with effective thermal conductivity. In the first case of continuous internal heating, the diffusion model with effective thermal conductivity under-predicts the temperature rise by the MC simulations at the initial heating stage, while the deviation between them gradually decreases and vanishes with time. By contrast, for the one-pulse internal heating case, the diffusion model with effective thermal conductivity under-predicts both the peak temperature rise and the cooling rate, so the deviation can always exist.

Amendments to Provincial Regulations on Protecting the Legal Rights and Interests of Women and Children, November 1989.

PubMed

1989-01-01

In early November 1989 the government of Fujian, China made the following amendments to its Provincial Regulations on Protecting the Legal Rights and Interests of Women and Children: "a) if state policy on the recruitment of students and workers is violated, and if the law is broken through the imposition of restrictions on women seeking education and jobs, the party concerned or his guardian may file a complaint with the department in charge of recruitment of students or workers within 30 days after learning about the matter; the latter should handle the case within 30 days after receiving the complaint. b) when handling divorce cases the People's Court should follow the law and divide up the property jointly owned by the two sides when the husband- wife relationship still existed; the court is forbidden from increasing the unreasonable economic burden of the wife simply because it was the wife that asked for the divorce. c) in proceedings relating to saving women and children who have been abducted for purposes of selling later, it is necessary to respect the will of the abducted women; no one is allowed to demand compensation from the victimized women, children, or their families."

JPRS Report, China, Provincial Government Work Reports.

DTIC Science & Technology

1992-06-19

with the law , and be determined to curb the rising momentum of ferocious criminal cases. We must control various social trends in good time...public security took a favorable turn. A number of cases involving violation of discipline and law were cracked and dealt with, and new results... law , be conscious in abiding by state laws and regulations, and subject themselves to the supervision of the people’s congresses and their standing

A Guide to Resources and Sources of Information for Acquisition Research

DTIC Science & Technology

1980-01-01

State, and Federal, plus the full text of all Federal cases from 1961. Public contract law decisions are included in the case files. (9) LEXIS, Mead...expensive and would be difficult to justify simply for research in public contract law . On the other hand, law schools or organizations with...reflecting a particular emphasis in the area of Government contract law . In addition to a comprehensive collection of statutes, opinions and

Mental Retardation and the Law: A Report on Status of Current Court Cases.

ERIC Educational Resources Information Center

Friedman, Paul

The document reports on five new cases and updates information on 29 previously reported cases regarding mental retardation and the law. Cases are divided into the following categories: classification, commitment, confidentiality, education, employment, protection from harm, sterilization, treatment, and zoning. Listed separately, by the above…

20 CFR 416.1448 - Deciding a case without an oral hearing before an administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing before an administrative law judge. 416.1448 Section 416.1448 Employees' Benefits SOCIAL SECURITY... Review Process, and Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures...

20 CFR 404.948 - Deciding a case without an oral hearing before an administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing before an administrative law judge. 404.948 Section 404.948 Employees' Benefits SOCIAL SECURITY... Process, and Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 404...

Lyapounov variable: Entropy and measurement in quantum mechanics

PubMed Central

Misra, B.; Prigogine, I.; Courbage, M.

1979-01-01

We discuss the question of the dynamical meaning of the second law of thermodynamics in the framework of quantum mechanics. Previous discussion of the problem in the framework of classical dynamics has shown that the second law can be given a dynamical meaning in terms of the existence of so-called Lyapounov variables—i.e., dynamical variables varying monotonically in time without becoming contradictory. It has been found that such variables can exist in an extended framework of classical dynamics, provided that the dynamical motion is suitably unstable. In this paper we begin to extend these results to quantum mechanics. It is found that no dynamical variable with the characteristic properties of nonequilibrium entropy can be defined in the standard formulation of quantum mechanics. However, if the Hamiltonian has certain well-defined spectral properties, such variables can be defined but only as a nonfactorizable superoperator. Necessary nonfactorizability of such entropy operators M has the consequence that they cannot preserve the class of pure states. Physically, this means that the distinguishability between pure states and corresponding mixtures must be lost in the case of a quantal system for which the algebra of observables can be extended to include a new dynamical variable representing nonequilibrium entropy. We discuss how this result leads to a solution of the quantum measurement problem. It is also found that the question of existence of entropy of superoperators M is closely linked to the problem of defining an operator of time in quantum mechanics. PMID:16578757

(2 + 1)-dimensional bright optical solitons in metamaterials with Kerr, power and parabolic law nonlinearities

NASA Astrophysics Data System (ADS)

Boubir, Badreddine

2018-06-01

In this paper, we investigate the dynamics of bright optical solitons in nonlinear metamaterials governed by a (2 + 1)-dimensional nonlinear Schrödinger equation. Three types of nonlinearities have been considered, Kerr law, power law and parabolic law. We based on the solitary wave ansatz method to find these optical soliton solutions. All necessary parametric conditions for their existence are driven.

A successful Charter challenge to medicare? Policy options for Canadian provincial governments.

PubMed

Flood, Colleen M; Thomas, Bryan

2018-03-26

In September 2016, a case went to trial in British Columbia that seeks to test the constitutionality of provincial laws that (1) ban private health insurance for medically necessary hospital and physician services; (2) ban extra-billing (physicians cannot charge patients more than the public tariff); and (3) require physicians to work solely for the public system or 'opt-out' and practice privately. All provinces have similar laws that have been passed to meet the requirements of federal legislation, the Canada Health Act (and thus qualify for federal funds). Consequently, a finding of unconstitutionality of one or more of these laws could have a very significant impact on the future of Canada's single-payer system ('medicare'). However, should the court find that a particular law is not in compliance with the Canadian Charter of Rights and Freedoms, the baton is then passed back to the government which may respond with other laws or policies that they believe to be constitutionally compliant. The ultimate impact of any successful Charter challenge to laws protecting medicare from privatization will thus significantly depend on how Canadian governments respond. Provincial governments could allow privatization to undercut equity and access, or they could respond creatively with new legal and policy solutions to both improve equity and access and tackle some of the problems that have long bedeviled Canadian medicare. This paper provides an understanding - grounded in comparative health systems evidence - of law and policy options available to Canadian lawmakers for limiting two-tier care in the wake of any successful challenge to existing laws. The paper presents the results of a large inter-disciplinary, comparative study, started in 2015, that systematically reviewed the legal and broader regulatory schemes used to regulate the public/private divide in 15 Organization for Economic Co-Operation and Development countries with a particular eye to what the effect of such regulations would be upon wait times.

Bilingual/Bicultural Law-Related Curriculum at Pine Hill High School, November 1975.

ERIC Educational Resources Information Center

Cummings, Tom

For 5 years, Ramah Navajo High School (New Mexico) has researched, produced, and taught a bilingual bicultural law-related-curriculum that emphasizes the pluralistic legal environment in which Navajo students exist. The resulting 4-unit law-related curriculum is compiled from anthropological field data gathered by local legal specialists working…

28 CFR 16.135 - Exemptions of Executive Office for Organized Crime Drug Enforcement Task Forces Systems.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Operations Center, and other intelligence or law enforcement agencies (including those responsible for civil..., irrelevant, incomplete, or untimely would also interfere with ongoing investigations, criminal or civil law... that individual of the existence, nature, or scope of an actual or potential law enforcement or...

A Quest for Efficiencies: Total System Performance Responsibility

DTIC Science & Technology

2002-04-01

Program Office................................ 22 Contract Law Comments...resources and suppliers. 25 Contract Law Comments An integral member of any acquisition team is the legal expert(s) from the Staff Judge...Eglin AFB and Hanscom AFB were sent surveys in order to determine what cautions and concerns exist based on their contract law experiences. Getting

77 FR 4854 - Agency Information Collection Activities: Proposed Request and Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-31

... spousal applicant if the applicant claims a common-law marriage to the insured in a state in which such marriages are recognized, and no formal marriage documentation exists. SSA uses information we collect on... common-law marriage under state law. The respondents are applicants for spouse's Social Security benefits...

Chaos and Localization in Dieterich-Ruina Friction

NASA Astrophysics Data System (ADS)

Erickson, B. A.; Birnir, B.; Lavallee, D.

2009-12-01

We consider two models derived from a 1-D Burridge-Knopoff chain of spring connected blocks subject to the Dieterich-Ruina (D-R) friction law. We analyze both the discrete ordinary differential equations, as well as the continuum model. Preliminary investigation into the ODEs shows evidence of the Dieterich-Ruina law exhibiting chaos, dependent on the size of the system. Periodic behavior occurs when considering chains of 3 or 5 blocks, while a chain of 10 blocks with the same parameter values results in chaotic motion. The continuum model (PDE) undergoes a transition to chaos when a specific parameter is increased and the chaotic regime is reached for smaller critical values than in the case of a single block (see Erickson et. al. 2008). This parameter, epsilon is the ratio of the stress parameters (B-A) and A in the D-R friction law. The parameter A is a measure of the direct velocity dependence (sometimes called the "direct effect") while (A-B) is a measure of the steady-state velocity dependence. When compared to the slip weakening friction law, the parameter (B-A) plays a role of a stress drop while A corresponds to the strength excess. In the case of a single block, transitions to chaos occur when epsilon = 11, a value too high for applications in seismology. For the continuum model however, the chaotic regime is reached for epsilon = 1. That the transition to chaos ensues for smaller parameter values than in the case of a single block may also be an indication that a careful rescaling of the friction law is necessary, similar to the conclusions made by Schmittbuhl et. al. (1996) who studied a "hierarchical array of blocks" and found that velocity weakening friction was scale dependent. We also observe solutions to both the discrete and the continuous model where the slip remains localized in space, suggesting the presence of solitonic behavior. Initial data in the form of a gaussian pulse tends to remain localized under certain parameter values and we explore the space of values for which this occurs. These solitonic or localized solutions can be understood as proxy for the propagation of the rupture across the fault during an earthquake. Under the Dieterich-Ruina law we may have discovered only a small subset of solutions to both the discrete and the continuous model, but there is no question that even in one spatial dimension, a rich phenomenology of dynamics exists.

On the laws for the emergence of life from the abiotic matter

NASA Astrophysics Data System (ADS)

Kolb, Vera M.

2012-10-01

In this work we pose a question if the laws for the emergence of life from the abiotic matter can exist even before carbon and the organic compounds were available. Carbon as an element became available via nucleosynthesis in the stars, and various carbon compounds were later made in the interstellar space and on the various objects in space. Is the emergence of life blue-printed as some general law which would then guarantee that life would evolve in the universe, or is it a law which co-evolved with the organic compounds and the environment in which they existed and which may be a subject to chance? This question is of a fundamental importance for astrobiology, which seeks extraterrestrial life without really knowing if it exists. Numerous articles and books have been written on the subject of the inevitability of life in the universe, on the evolution of matter which leads to life, and on the role of chance in the emergence of life. We select from these resources, critically examine them, and provide an inclusive summary, which we believe will be useful to astrobiologists.

The effort to rehabilitate workers' compensation.

PubMed

Barth, P S

1976-06-01

State workers' compensation laws have been subjected to criticism since their inception; pressure to change them is now increasing. Most of the current challenge arise from dissatisfaction with the level of benefits available to disabled workers or their survivors, and, to a lesser degree, with the extent of program coverage. In response to this challenge, changes will occur that my range from reform-simply raising benefit levels and extending coverage-to program redesign, implying major structural revisions or abolishment of the system. For several reasons, including public apathy, the role of interest groups, and experience with other social insurance programs, it seems likely that basic structural shifts will not occur in the near future. While the criticism of these state laws is widespread, the problems can be dealt with in the existing framework. One area, however, could conceivably arouse sufficient public and legislative interest to upset this forecast. If it develops that the system is excluding large numbers of individuals disabled or killed by occupational diseases, workers' compensation laws could be placed in jeopardy. While evidence on this is scarce, it is clear that the current system compensates only a small number of serious cases of disability arising from occupational diseases.

Quantum asymmetry between time and space

PubMed Central

2016-01-01

An asymmetry exists between time and space in the sense that physical systems inevitably evolve over time, whereas there is no corresponding ubiquitous translation over space. The asymmetry, which is presumed to be elemental, is represented by equations of motion and conservation laws that operate differently over time and space. If, however, the asymmetry was found to be due to deeper causes, this conventional view of time evolution would need reworking. Here we show, using a sum-over-paths formalism, that a violation of time reversal (T) symmetry might be such a cause. If T symmetry is obeyed, then the formalism treats time and space symmetrically such that states of matter are localized both in space and in time. In this case, equations of motion and conservation laws are undefined or inapplicable. However, if T symmetry is violated, then the same sum over paths formalism yields states that are localized in space and distributed without bound over time, creating an asymmetry between time and space. Moreover, the states satisfy an equation of motion (the Schrödinger equation) and conservation laws apply. This suggests that the time–space asymmetry is not elemental as currently presumed, and that T violation may have a deep connection with time evolution. PMID:26997899

Preempting genetic discrimination and assaults on privacy: report of a symposium.

PubMed

Shinaman, Aileen; Bain, Lisa J; Shoulson, Ira

2003-08-01

At a symposium in June, 2002, biomedical researchers, clinicians, legal experts, policymakers, and representatives of the insurance industry and the advocacy community gathered to address issues of genetic privacy and discrimination; and to identify research, legal, and policy gaps needing to be filled. They concluded that over the next decade, as more genetic information becomes available and the public becomes more aware of individual risks, concerns about privacy and discrimination will become increasingly important. Documented cases of genetic discrimination are rare and largely anecdotal, yet individuals with genetic conditions harbor significant fears about discrimination. Current laws enacted to protect individuals from workplace and insurance discrimination offer some measure of protection, but leave many unfilled gaps. Moreover, the use of genetic information in potentially discriminatory ways is not limited to employment and insurability. Existing laws do little to protect people seeking life, disability, or long-term care insurance. And the courts have used genetic information in a wide variety of cases including paternity, criminal, and tort (personal injury) cases. Genetic information that might jeopardize an individual's right to privacy may also be obtained in the course of research studies, including through the collection of DNA and tissue samples. The insurance industry, State and Federal agencies, and the advocacy community are all making efforts to address some of these gaps through legislation and education of clinicians, the public, and policy makers. Copyright 2003 Wiley-Liss, Inc.

Employment Discrimination in Higher Education--A Review of the Case Law from 2000.

ERIC Educational Resources Information Center

Bodensteiner, Jill

2002-01-01

Reviews employment discrimination cases in higher education in 2000, which included an overwhelming number of retaliation and denial of promotion to tenure claims; case law also included age discrimination, religious discrimination, and sexual harassment issues, and a handful of wage discrimination cases. Courts also continued to explore the…

Family-specific scaling laws in bacterial genomes.

PubMed

De Lazzari, Eleonora; Grilli, Jacopo; Maslov, Sergei; Cosentino Lagomarsino, Marco

2017-07-27

Among several quantitative invariants found in evolutionary genomics, one of the most striking is the scaling of the overall abundance of proteins, or protein domains, sharing a specific functional annotation across genomes of given size. The size of these functional categories change, on average, as power-laws in the total number of protein-coding genes. Here, we show that such regularities are not restricted to the overall behavior of high-level functional categories, but also exist systematically at the level of single evolutionary families of protein domains. Specifically, the number of proteins within each family follows family-specific scaling laws with genome size. Functionally similar sets of families tend to follow similar scaling laws, but this is not always the case. To understand this systematically, we provide a comprehensive classification of families based on their scaling properties. Additionally, we develop a quantitative score for the heterogeneity of the scaling of families belonging to a given category or predefined group. Under the common reasonable assumption that selection is driven solely or mainly by biological function, these findings point to fine-tuned and interdependent functional roles of specific protein domains, beyond our current functional annotations. This analysis provides a deeper view on the links between evolutionary expansion of protein families and the functional constraints shaping the gene repertoire of bacterial genomes. © The Author(s) 2017. Published by Oxford University Press on behalf of Nucleic Acids Research.

An Update of Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws

ERIC Educational Resources Information Center

Zirkel, Perry A.

2017-01-01

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

Methodology Series Module 7: Ecologic Studies and Natural Experiments

PubMed Central

Setia, Maninder Singh

2017-01-01

In this module, we have discussed study designs that have not been covered in the previous modules – ecologic studies and natural experiments. In an ecologic study, the unit of analysis is a group or aggregate rather than the individual. It may be the characteristics of districts, states, or countries. For example, per capita income across countries, income quintiles across districts, and proportion of college graduates in states. If the data already exist (such as global measures and prevalence of diseases, data sets such as the National Family Health Survey, census data), then ecologic studies are cheap and data are easy to collect. However, one needs to be aware of the “ecologic fallacy.” The researcher should not interpret ecologic level results at the individual level. In “natural experiments,” the researcher does not assign the exposure (as is the case in interventional studies) to the groups in the study. The exposure is assigned by a natural process. This may be due to existing policies or services (example, one city has laws against specific vehicles and the other city does not); changes in services or policies; or introduction of new laws (such helmet for bikers and seat-belts for cars). We would like to encourage researchers to explore the possibility of using these study designs to conduct studies. PMID:28216721

Methodology Series Module 7: Ecologic Studies and Natural Experiments.

PubMed

Setia, Maninder Singh

2017-01-01

In this module, we have discussed study designs that have not been covered in the previous modules - ecologic studies and natural experiments. In an ecologic study, the unit of analysis is a group or aggregate rather than the individual. It may be the characteristics of districts, states, or countries. For example, per capita income across countries, income quintiles across districts, and proportion of college graduates in states. If the data already exist (such as global measures and prevalence of diseases, data sets such as the National Family Health Survey, census data), then ecologic studies are cheap and data are easy to collect. However, one needs to be aware of the "ecologic fallacy." The researcher should not interpret ecologic level results at the individual level. In "natural experiments," the researcher does not assign the exposure (as is the case in interventional studies) to the groups in the study. The exposure is assigned by a natural process. This may be due to existing policies or services (example, one city has laws against specific vehicles and the other city does not); changes in services or policies; or introduction of new laws (such helmet for bikers and seat-belts for cars). We would like to encourage researchers to explore the possibility of using these study designs to conduct studies.

Genetic Information, Non-Discrimination, and Privacy Protections in Genetic Counseling Practice

PubMed Central

Prince, Anya E.R.; Roche, Myra I.

2014-01-01

The passage of the Genetic Information Non Discrimination Act (GINA) was hailed as a pivotal achievement that was expected to calm the fears of both patients and research participants about the potential misuse of genetic information. However, six years later, patient and provider awareness of legal protections at both the federal and state level remains discouragingly low, thereby, limiting their potential effectiveness. The increasing demand for genetic testing will expand the number of individuals and families who could benefit from obtaining accurate information about the privacy and anti-discriminatory protections that GINA and other laws extend. In this paper we describe legal protections that are applicable to individuals seeking genetic counseling, review the literature on patient and provider fears of genetic discrimination and examine their awareness and understandings of existing laws, and summarize how genetic counselors currently discuss genetic discrimination. We then present three genetic counseling cases to illustrate issues of genetic discrimination and provide relevant information on applicable legal protections. Genetic counselors have an unprecedented opportunity, as well as the professional responsibility, to disseminate accurate knowledge about existing legal protections to their patients. They can strengthen their effectiveness in this role by achieving a greater knowledge of current protections including being able to identify specific steps that can help protect genetic information. PMID:25063358

Genetic information, non-discrimination, and privacy protections in genetic counseling practice.

PubMed

Prince, Anya E R; Roche, Myra I

2014-12-01

The passage of the Genetic Information Non Discrimination Act (GINA) was hailed as a pivotal achievement that was expected to calm the fears of both patients and research participants about the potential misuse of genetic information. However, 6 years later, patient and provider awareness of legal protections at both the federal and state level remains discouragingly low, thereby, limiting their potential effectiveness. The increasing demand for genetic testing will expand the number of individuals and families who could benefit from obtaining accurate information about the privacy and anti-discriminatory protections that GINA and other laws extend. In this paper we describe legal protections that are applicable to individuals seeking genetic counseling, review the literature on patient and provider fears of genetic discrimination and examine their awareness and understandings of existing laws, and summarize how genetic counselors currently discuss genetic discrimination. We then present three genetic counseling cases to illustrate issues of genetic discrimination and provide relevant information on applicable legal protections. Genetic counselors have an unprecedented opportunity, as well as the professional responsibility, to disseminate accurate knowledge about existing legal protections to their patients. They can strengthen their effectiveness in this role by achieving a greater knowledge of current protections including being able to identify specific steps that can help protect genetic information.

Gaps in US Animal Welfare Law for Laboratory Animals: Perspectives From an Animal Law Attorney.

PubMed

Frasch, Pamela D

2016-05-01

The use of animals in biomedical, toxicological, and basic research has been common practice, and a tool for scientists and researchers, for many years. And yet, serious conflict continues to exist between those who believe that the use of animals in research will yield scientific results that benefit humans and those who believe such practices are unethical regardless of use or outcome. High-profile undercover cases have further raised public awareness and have put the entire industry under pressure to be transparent, accountable, and aggressive in its adoption of reduction, refinement, and replacement (3R) principles. Many animal law attorneys are deeply frustrated by what they see as weak US laws that are unevenly enforced, especially when compared with legal advances in other countries and regions. This article (1) explores those gaps in US animal welfare laws with an emphasis on the Animal Welfare Act, (2) argues in favor of stronger laws and rigorous enforcement, and (3) suggests steps to advance these goals. These steps include (1) expanding the definition of "animal" in the Animal Welfare Act (AWA), (2) improving and expanding minimum care requirements in USDA regulations, (3) instituting mandatory reporting requirements, improving Institutional Animal Care and Use Committees, and allowing easier accessibility to laboratory reports and plans, (4) adding a citizen suit provision to the AWA, and (5) continuing education about the emotional and social capacities of animals and a stronger commitment to 3R principles. © The Author 2017. Published by Oxford University Press on behalf of the Institute for Laboratory Animal Research. All rights reserved. For permissions, please email: journals.permissions@oup.com.

Identifying best practices for "Safe Harbor" legislation to protect child sex trafficking victims: Decriminalization alone is not sufficient.

PubMed

Barnert, Elizabeth S; Abrams, Susan; Azzi, Veronica F; Ryan, Gery; Brook, Robert; Chung, Paul J

2016-01-01

Several states have recently enacted "Safe Harbor" laws to redirect child victims of commercial sexual exploitation and child sex trafficking from the criminal justice system and into the child welfare system. No comprehensive studies of Safe Harbor law implementation exist. The nine state Safe Harbor laws enacted by 2012 were analyzed to guide state legislators, health professionals, law enforcement agents, child welfare providers, and other responders to the commercial sexual exploitation of children on the development and implementation of state Safe Harbor laws. The authors conducted 32 semi-structured interviews with Safe Harbor experts in these states. Participants conveyed that Safe Harbor legislation signified a critical paradigm shift, treating commercially sexually exploited youth not as criminals but as vulnerable children in need of services. However, Safe Harbor legislation varied widely and significant gaps in laws exist. Such laws alone were considered insufficient without adequate funding for necessary services. As a result, many well-meaning providers were going around the Safe Harbor laws by continuing to incarcerate commercially sexually exploited youth in the juvenile justice system regardless of Safe Harbor laws in place. This was done, to act, in their view, in what was the best interest of the victimized children. With imperfect laws and implementation, these findings suggest an important role for local and state responders to act together to protect victims from unnecessary criminalization and potential further traumatization. Published by Elsevier Ltd.

USDA snack food and beverage standards: how big of a stretch for the states?

PubMed

Chriqui, Jamie F; Piekarz, Elizabeth; Chaloupka, Frank J

2014-06-01

The USDA snack food and beverage standards take effect in school year (SY) 2014-2015. Although the USDA standards will provide nationwide requirements, concerns exist about compliance. This study examined whether existing state laws are aligned with the USDA standards to determine whether some states may be better positioned to facilitate compliance. Codified state statutory and regulatory laws effective for SY 2012-2013 for each of the 50 states and the District of Columbia were identified through Boolean keyword searches using the Westlaw and LexisNexis databases. Laws were analyzed for alignment with 18 snack food and beverage provisions contained within the USDA standards. Thirty-eight states had snack food and beverage standards; 33 states' laws exceeded restrictions on foods of minimal nutritional value. Of the 33 states, no states' laws fully met the USDA's standards, 16 states' laws fully met and 10 states' laws partially met at least one USDA provision, and seven states' laws met no USDA provisions. One state's law met 9 of 18 provisions. On average, states met 4 of 18 provisions. States were more likely to meet individual USDA beverage than snack provisions. Implementation and compliance with the USDA standards may be facilitated in states with laws already containing provisions aligned with the USDA standards and may be more difficult in states with fewer or no provisions in alignment, suggesting possible geographic areas for the USDA to target with technical assistance and training efforts and for advocates to work in to facilitate compliance.

12 CFR 308.24 - Scope of document discovery.

Code of Federal Regulations, 2011 CFR

2011-01-01

... the Constitution, any applicable act of Congress, or the principles of common law provide. (d) Time... be permitted, unless the administrative law judge finds on the record that good cause exists for...

Optimal approximation of harmonic growth clusters by orthogonal polynomials

DOE Office of Scientific and Technical Information (OSTI.GOV)

Teodorescu, Razvan

2008-01-01

Interface dynamics in two-dimensional systems with a maximal number of conservation laws gives an accurate theoreticaI model for many physical processes, from the hydrodynamics of immiscible, viscous flows (zero surface-tension limit of Hele-Shaw flows), to the granular dynamics of hard spheres, and even diffusion-limited aggregation. Although a complete solution for the continuum case exists, efficient approximations of the boundary evolution are very useful due to their practical applications. In this article, the approximation scheme based on orthogonal polynomials with a deformed Gaussian kernel is discussed, as well as relations to potential theory.

Mobile impurities in ferromagnetic liquids

NASA Astrophysics Data System (ADS)

Kantian, Adrian; Schollwoeck, Ulrich; Giamarchi, Thierry

2011-03-01

Recent work has shown that mobile impurities in one dimensional interacting systems may exhibit behaviour that differs strongly from that predicted by standard Tomonaga-Luttinger liquid theory, with the appearance of power-law divergences in the spectral function signifying sublinear diffusion of the impurity. Using time-dependent matrix product states, we investigate a range of cases of mobile impurities in systems beyond the analytically accessible examples to assess the existence of a new universality class of low-energy physics in one-dimensional systems. Correspondence: Adrian.Kantian@unige.ch This work was supported in part by the Swiss SNF under MaNEP and division II.

Hesitant triangular fuzzy information aggregation operators based on Bonferroni means and their application to multiple attribute decision making.

PubMed

Wang, Chunyong; Li, Qingguo; Zhou, Xiaoqiang; Yang, Tian

2014-01-01

We investigate the multiple attribute decision-making (MADM) problems with hesitant triangular fuzzy information. Firstly, definition and some operational laws of hesitant triangular fuzzy elements are introduced. Then, we develop some hesitant triangular fuzzy aggregation operators based on Bonferroni means and discuss their basic properties. Some existing operators can be viewed as their special cases. Next, we apply the proposed operators to deal with multiple attribute decision-making problems under hesitant triangular fuzzy environment. Finally, an illustrative example is given to show the developed method and demonstrate its practicality and effectiveness.

Pregnancy Prevention and Termination of Pregnancy in Adolescence: Facts, Ethics, Law and Politics.

PubMed

Fisher, Menachem; Ben Shlomo, Izhar; Solt, Ido; Burke, Yechiel Z

2015-11-01

We present an overview of the current sexual behavior of adolescents in Israel, including the related social and moral issues, and compare it to that in Western countries. An important factor is the existence of liberal versus conservative views regarding the use of contraception and termination of pregnancy in these young subjects. We describe the current situation where in most cases the medical providers do not provide adequate contraceptive advice to adolescent girls, resulting ultimately in a high rate of unintended pregnancy. In our opinion, it is essential to make effective contraception more accessible to this vulnerable group.

Hesitant Triangular Fuzzy Information Aggregation Operators Based on Bonferroni Means and Their Application to Multiple Attribute Decision Making

PubMed Central

Zhou, Xiaoqiang; Yang, Tian

2014-01-01

We investigate the multiple attribute decision-making (MADM) problems with hesitant triangular fuzzy information. Firstly, definition and some operational laws of hesitant triangular fuzzy elements are introduced. Then, we develop some hesitant triangular fuzzy aggregation operators based on Bonferroni means and discuss their basic properties. Some existing operators can be viewed as their special cases. Next, we apply the proposed operators to deal with multiple attribute decision-making problems under hesitant triangular fuzzy environment. Finally, an illustrative example is given to show the developed method and demonstrate its practicality and effectiveness. PMID:25140338

Implementation failures in the use of two New Zealand laws to control the tobacco industry: 1989–2005

PubMed Central

Thomson, George; Wilson, Nick

2005-01-01

Background We reviewed the implementation of New Zealand laws in relation to the activities of the tobacco industry and their allies. Material for two brief case studies was obtained from correspondence with official agencies, official information requests, internet searches (tobacco industry documents and official government sites), and interviews with 12 key informants. Results The first case study identified four occasions over a period of 14 years where New Zealand Government agencies appeared to fail to enforce consumer protection law, although apparent breaches by the tobacco industry and their allies had occurred in relation to statements on the relative safety of secondhand smoke. The second case study examined responses to a legal requirement for the tobacco industry to provide information on tobacco additives. There was failure to enforce the law, and a failure of the political process for at least 13 years to clarify and strengthen the law. Relevant factors in both these cases of 'policy slippage' appear to have been financial and opportunity costs of taking legal action, political difficulties and the fragmented nature of government structures. Conclusion Considered together, these case studies suggest the need for governments to: (i) make better use of national consumer laws (with proper monitoring and enforcement) in relation to tobacco; and (ii) to strengthen international law and resources around tobacco-related consumer protection. A number of options for achieving these aims are available to governments. PMID:16354296

Harnessing the power of multimedia in offender-based law enforcement information systems

NASA Astrophysics Data System (ADS)

Zimmerman, Alan P.

1997-02-01

Criminal offenders are increasingly administratively processed by automated multimedia information systems. During this processing, case and offender biographical data, mugshot photos, fingerprints and other valuable information and media are collected by law enforcement officers. As part of their criminal investigations, law enforcement officers are routinely called to solve criminal cases based upon limited evidence . . . evidence increasingly comprised of human DNA, ballistic casings and projectiles, chemical residues, latent fingerprints, surveillance camera facial images and voices. As multimedia systems receive greater use in law enforcement, traditional approaches used to index text data are not appropriate for images and signal data which comprise a multimedia database. Multimedia systems with integrated advanced pattern matching tools will provide law enforcement the ability to effectively locate multimedia information based upon content, without reliance upon the accuracy or completeness of text-based indexing.

Legislation and Equality in Basic Education for All in China

ERIC Educational Resources Information Center

Law, Wing-Wah; Pan, Su-Yan

2009-01-01

In China, legislation exists which requires compulsory schooling for all students of school age. This article examines the functions of and the constraints on using law to institutionalize equality in basic education. It argues that, in China, law is a last resort, holding governments of various levels accountable. Law can be a device of social…

A Comparison of Federal Laws toward Disabled and Racial/Ethnic Groups in the USA.

ERIC Educational Resources Information Center

Barnartt, Sharon N.; Seelman, Katherine

1988-01-01

The paper compares federal legislation for disabled people with that for racial and ethnic groups in the United States. The ways existing laws handle employment discrimination, integration in education, access, and equal protection under the law are considered. Clear differences for each group in the types of discrimination permitted are…

Exploring the Relationship between Academic Dishonesty and Moral Development in Law School Students

ERIC Educational Resources Information Center

Edmondson, Macey Lynd

2013-01-01

This mixed methods study explored whether a relationship existed between moral development and dishonest academic behaviors in law students. The quantitative portion of the study utilized a survey adapted from James Rest's Defining Issues Test and Donald McCabe's Academic Integrity Survey. Law students were solicited by email from two public…

78 FR 3034 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-01-15

... law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief... that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall... home phone numbers in their filings, unless an NRC regulation or other law requires submission of such...

Copyright Protection for Computer Software: Is There a Need for More Protection?

ERIC Educational Resources Information Center

Ku, Linlin

Because the computer industry's expansion has been much faster than has the development of laws protecting computer software and since the practice of software piracy seems to be alive and well, the issue of whether existing laws can provide effective protection for software needs further discussion. Three bodies of law have been used to protect…

Did Unilateral Divorce Laws Raise Divorce Rates in Western Europe?

ERIC Educational Resources Information Center

Kneip, Thorsten; Bauer, Gerrit

2009-01-01

The increase in European divorce rates over the past decades was accompanied by several changes in divorce laws. Yet for European countries, research on the effects of divorce law on the divorce rate is scarce. Most of the existing studies are based on data from North America and provide numerous, but inconsistent, results. We use fixed-effects…

Mental Retardation and the Law: A Report on Status of Current Court Cases. July 1978.

ERIC Educational Resources Information Center

President's Committee on Mental Retardation, Washington, DC.

The issue contains reports on seven new court cases regarding mental retardation and the law and updated information on 35 cases previously reported. Cases concern such issues as classification, commitment, education, employment, sterilization, and treatment. Also included is a feature article on the implications of Halderman v Pennhurst State…

Traveling solitons in long-range oscillator chains

NASA Astrophysics Data System (ADS)

Miloshevich, George; Nguenang, Jean Pierre; Dauxois, Thierry; Khomeriki, Ramaz; Ruffo, Stefano

2017-03-01

We investigate the existence and propagation of solitons in a long-range extension of the quartic Fermi-Pasta-Ulam (FPU) chain of anharmonic oscillators. The coupling in the linear term decays as a power-law with an exponent 1<α ≤slant 3 . We obtain an analytic perturbative expression of traveling envelope solitons by introducing a non linear Schrödinger equation for the slowly varying amplitude of short wavelength modes. Due to the non analytic properties of the dispersion relation, it is crucial to develop the theory using discrete difference operators. Those properties are also the ultimate reason why kink-solitons may exist but are unstable, at variance with the short-range FPU model. We successfully compare these approximate analytic results with numerical simulations for the value α =2 which was chosen as a case study.

Booster seat laws and child fatalities: a case-control study.

PubMed

Farmer, P; Howard, A; Rothman, L; Macpherson, A

2009-10-01

A case-control study examined, primarily, the association between booster seat laws and fatalities among children in frontal collisions and, secondarily, the association between booster seat laws and reported restraint use, and restraint use and child fatalities. Children who died in a crash in the US were cases, and children who survived a fatal crash were controls. Subjects were child passengers (4-8 years old) in the Fatality Analysis Reporting System Database, 1995-2005. In states with a booster seat law, children were less likely to die than in states without a law (OR 0.80; 95% CI 0.66 to 0.98). They were also more likely to be restrained (adjusted OR 1.59; 95% CI 1.21 to 2.09) and were more likely to be correctly restrained (adjusted OR 4.44; 95% CI 3.18 to 6.20). It is concluded that booster seat laws are associated with a decrease in child deaths and an increase in correct restraint use among children involved in a fatal crash in the USA.

Are Law Schools Poised for Innovation? Three Case Studies of Law Professors Teaching Online in American J.D. Programs

ERIC Educational Resources Information Center

Jaworowski, Susan

2013-01-01

The purpose of this qualitative case study is to describe the characteristics of three law professors teaching online courses to determine what type of adopter they were. This study used the Rogers diffusion of innovation theory, and specifically analyzed the participants on whether they were innovators or early adopters. These analyses are…

Shaping the Negro Revolution Through Court Decisions, 1964-1966.

ERIC Educational Resources Information Center

Gill, Robert L.

1967-01-01

In a two year period the Congress enacted a series of laws which had a profound effect on the Negro revolution. Discussed in this document are the cases which were brought to the Supreme Court to either challenge the constitutionality of these laws or to appeal for reversal of lower court decisions on the basis of the laws. Cited are cases based…

Finance issue brief: prompt payment.

PubMed

Stauffer, M

1999-06-25

Although under standard business laws withholding prompt payment is considered an unfair trade practice, a number of states are enacting new laws or clarifying existing language to ensure that health plans are paying providers in a timely fashion.

Finance issue brief: prompt payment.

PubMed

Stauffer, M

1999-10-22

Although under standard business laws withholding prompt payment is considered an unfair trade practice, a number of states are enacting new laws or clarifying existing language to ensure that health plans are paying providers in a timely fashion.

75 FR 68371 - Agency Information Collection Activities: Extension of an Existing Information Collection...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-11-05

...-Day Notice of Information Collection for Review; File No. OMB-6, Emergency Federal Law Enforcement...) Title of the Form/Collection: Emergency Federal Law Enforcement Assistance. (3) Agency form number, if...

A baseline understanding of state laws governing e-cigarettes.

PubMed

Gourdet, C K; Chriqui, J F; Chaloupka, F J

2014-07-01

Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

A Law of Physics in the Classroom: The Case of Ohm's Law

ERIC Educational Resources Information Center

Kipnis, Nahum

2009-01-01

Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

[Drug Dependence and Cytotoxicity of Law-evading Drugs: Their Identities Explored from Basic Research].

PubMed

Funada, Masahiko

2016-01-01

  Cases of people experiencing disturbed consciousness or dyspnea, causing traffic accidents, or requiring ambulance transport to hospital due to abuse of law-evading chemical substances have become a serious social problem in Japan. Most law-evading herbal products are marketed as incense or herbs and consist of finely chopped, dry vegetative matter mixed with chemical substances (drugs). Analysis of the chemical substances in these herbal products has demonstrated that they contain synthetic cannabinoids. Because there are many cannabinoid compounds, even if a particular drug is regulated, similar compounds that differ only slightly in structure may be added in their place. Therefore a cat-and-mouse game exists between regulations on chemical substances and their propagation. This paper summarizes the pharmacological actions and dangers of chemical substances contained in law-evading herbal products by focusing on synthetic cannabinoids, as a group of chemical substances contained in these products. Furthermore, comprehensive designations of synthetic cannabinoids have been introduced as a new method of regulation that emphasizes the similarity of chemical structures; this paper also outlines the comprehensive designations. We established a psychic-dependence liability and cytotoxicity screening system for synthetic cannabinoids using animals (behavioral analysis in vivo) and cell cultures (cytotoxicity analysis in vitro). With our drug-screening system, we were able rapidly to evaluate and quantify psychic-dependence liabilities and cytotoxicity of synthetic cannabinoids contained in law-evading herbal products. These scientific data using our screening system contributed to the establishment of legislation for comprehensive designations of synthetic cannabinoids.

Dark optical, singular solitons and conservation laws to the nonlinear Schrödinger’s equation with spatio-temporal dispersion

NASA Astrophysics Data System (ADS)

Inc, Mustafa; Aliyu, Aliyu Isa; Yusuf, Abdullahi

2017-05-01

This paper studies the dynamics of solitons to the nonlinear Schrödinger’s equation (NLSE) with spatio-temporal dispersion (STD). The integration algorithm that is employed in this paper is the Riccati-Bernoulli sub-ODE method. This leads to dark and singular soliton solutions that are important in the field of optoelectronics and fiber optics. The soliton solutions appear with all necessary constraint conditions that are necessary for them to exist. There are four types of nonlinear media studied in this paper. They are Kerr law, power law, parabolic law and dual law. The conservation laws (Cls) for the Kerr law and parabolic law nonlinear media are constructed using the conservation theorem presented by Ibragimov.

Reducing tobacco use and access through strengthened minimum price laws.

PubMed

McLaughlin, Ian; Pearson, Anne; Laird-Metke, Elisa; Ribisl, Kurt

2014-10-01

Higher prices reduce consumption and initiation of tobacco products. A minimum price law that establishes a high statutory minimum price and prohibits the industry's discounting tactics for tobacco products is a promising pricing strategy as an alternative to excise tax increases. Although some states have adopted minimum price laws on the basis of statutorily defined price "markups" over the invoice price, existing state laws have been largely ineffective at increasing the retail price. We analyzed 3 new variations of minimum price laws that hold great potential for raising tobacco prices and reducing consumption: (1) a flat rate minimum price law similar to a recent enactment in New York City, (2) an enhanced markup law, and (3) a law that incorporates both elements.

A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

PubMed

Farquharson, Lauren

2017-03-01

Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

Mental Retardation and the Law: A Report on Status of Current Court Cases.

ERIC Educational Resources Information Center

Levine, Jan Martin, Ed.

Brief reports on the status of approximately 75 ongoing or recently decided court cases in states of relevance to the mentally retarded are provided. Cases cover the following issues: commitment, community living and services, criminal law, discrimination, guardianship, institutions and deinstitutionalization, medical/legal issues, parental rights…

Aquifer Recharge Estimation In Unsaturated Porous Rock Using Darcian And Geophysical Methods.

NASA Astrophysics Data System (ADS)

Nimmo, J. R.; De Carlo, L.; Masciale, R.; Turturro, A. C.; Perkins, K. S.; Caputo, M. C.

2016-12-01

Within the unsaturated zone a constant downward gravity-driven flux of water commonly exists at depths ranging from a few meters to tens of meters depending on climate, medium, and vegetation. In this case a steady-state application of Darcy's law can provide recharge rate estimates.We have applied an integrated approach that combines field geophysical measurements with laboratory hydraulic property measurements on core samples to produce accurate estimates of steady-state aquifer recharge, or, in cases where episodic recharge also occurs, the steady component of recharge. The method requires (1) measurement of the water content existing in the deep unsaturated zone at the location of a core sample retrieved for lab measurements, and (2) measurement of the core sample's unsaturated hydraulic conductivity over a range of water content that includes the value measured in situ. Both types of measurements must be done with high accuracy. Darcy's law applied with the measured unsaturated hydraulic conductivity and gravitational driving force provides recharge estimates.Aquifer recharge was estimated using Darcian and geophysical methods at a deep porous rock (calcarenite) experimental site in Canosa, southern Italy. Electrical Resistivity Tomography (ERT) and Vertical Electrical Sounding (VES) profiles were collected from the land surface to water table to provide data for Darcian recharge estimation. Volumetric water content was estimated from resistivity profiles using a laboratory-derived calibration function based on Archie's law for rock samples from the experimental site, where electrical conductivity of the rock was related to the porosity and water saturation. Multiple-depth core samples were evaluated using the Quasi-Steady Centrifuge (QSC) method to obtain hydraulic conductivity (K), matric potential (ψ), and water content (θ) estimates within this profile. Laboratory-determined unsaturated hydraulic conductivity ranged from 3.90 x 10-9 to 1.02 x 10-5 m/s over a volumetric water content range from 0.1938 to 0.4311 m3/m3. Using these measured properties, the water content estimated from geophysical measurements has been used to identify the unsaturated hydraulic conductivity indicative of the steady component of the aquifer recharge rate at Canosa.

Localization in one-dimensional lattices with non-nearest-neighbor hopping: Generalized Anderson and Aubry-Andre models

DOE Office of Scientific and Technical Information (OSTI.GOV)

Biddle, J.; Priour, D. J. Jr.; Wang, B.

We study the quantum localization phenomena of noninteracting particles in one-dimensional lattices based on tight-binding models with various forms of hopping terms beyond the nearest neighbor, which are generalizations of the famous Aubry-Andre and noninteracting Anderson models. For the case with deterministic disordered potential induced by a secondary incommensurate lattice (i.e., the Aubry-Andre model), we identify a class of self-dual models, for which the boundary between localized and extended eigenstates are determined analytically by employing a generalized Aubry-Andre transformation. We also numerically investigate the localization properties of nondual models with next-nearest-neighbor hopping, Gaussian, and power-law decay hopping terms. We findmore » that even for these nondual models, the numerically obtained mobility edges can be well approximated by the analytically obtained condition for localization transition in the self-dual models, as long as the decay of the hopping rate with respect to distance is sufficiently fast. For the disordered potential with genuinely random character, we examine scenarios with next-nearest-neighbor hopping, exponential, Gaussian, and power-law decay hopping terms numerically. We find that the higher-order hopping terms can remove the symmetry in the localization length about the energy band center compared to the Anderson model. Furthermore, our results demonstrate that for the power-law decay case, there exists a critical exponent below which mobility edges can be found. Our theoretical results could, in principle, be directly tested in shallow atomic optical lattice systems enabling non-nearest-neighbor hopping.« less

Introduction: Social-Ecological Resilience and Law

EPA Science Inventory

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and n...

41 CFR 102-117.145 - What are coastwise laws?

Code of Federal Regulations, 2011 CFR

2011-01-01

... by water between points in the United States or its territories. The purpose of these laws is to assure reliable shipping service and the existence of a maritime capability in times of war or national...

The Effect of High-pressure Densification on Ballistic-penetration Resistance of a Soda-lime Glass

DTIC Science & Technology

2011-01-01

equation of state and the strength constitutive laws of an existing material model for glass. This was fol- lowed by a set of transient non-linear... of irreversible densification. These relations are next used to upgrade the equation of state and the strength constitutive laws of an existing...its effect on the conti- nuum-level pressure versus degree- of -compression (the negative of volumetric strain) relation, also known as the

Integrating smart container technology into existing shipping and law enforcement infrastructure

NASA Astrophysics Data System (ADS)

Ferriere, Dale; Pysareva, Khrystyna; Rucinski, Andrzej

2006-05-01

While there has been important research and development in the area of smart container technologies, no system design methodologies have yet emerged for integrating this technology into the existing shipping and law enforcement infrastructure. A successful deployment of smart containers requires a precise understanding of how to integrate this new technology into the existing shipping and law enforcement infrastructure, how to establish communication interoperability, and how to establish procedures and protocols related to the operation of smart containers. In addition, this integration needs to be seamless, unobtrusive to commerce, and cost-effective. In order to address these issues, we need to answer the following series of questions: 1) Who will own and operate the smart container technology; 2) Who will be responsible for monitoring the smart container data and notifying first responders; 3) What communication technologies currently used by first responders might be adopted for smart container data transmission; and 4) How will existing cargo manifest data be integrated into smart container data. In short, we need to identify the best practices for smart container ownership and operation. In order to help provide answers to these questions, we have surveyed a sample group of representatives from law enforcement, first responder, regulatory, and private sector organizations. This paper presents smart container infrastructure best practices recommendations obtained from the results of the survey.

Euthanasia: is there a case for changing the law?

PubMed

Griffith, Richard

2007-06-01

Calls for a change in the law to allow strictly controlled forms of voluntary euthanasia and assisted dying in the United Kingdom continue following two recent cases. In this article Richard Griffith reviews the current stance of the law on euthanasia and assisted dying and discusses attempts at reform made by Lord Joffe in the Assisted Dying for the Terminally Ill Bill 2005 (HL).

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2010 CFR

2010-07-01

... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Review of an interlocutory order of an Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration...

Privacy Law As It Affected Journalism, 1890-1978: Privacy Is a Visual Tort.

ERIC Educational Resources Information Center

Dow, Caroline

To determine the treatment of visual journalism by privacy law from the origins of privacy law in 1890 until 1978, an analysis was made of the mass media legal cases occurring between those years. The cases were subjectively divided into three categories: those that established or extended a freedom of the press or the right of a defendant to…

Implications of Recent Court Decisions Involving Rights and Responsibilities on the Campus.

ERIC Educational Resources Information Center

Paulsen, Monrad G.

The US has witnessed an enormous federalization of protective devices in the field of criminal law and an expanded interpretation of the first 8 Bill of Rights provisions in recent years. Since the Supreme Court approaches college cases and criminal law cases in the same manner, it is important to know what is happening to the shape of the law. At…

The LIC Planners’s Guide (LPG)

DTIC Science & Technology

1992-03-01

administrative and contract law . 2. ASSIST IN CRIMINAL LAW: Assist Host Nation/Allied governments in filing and processing cases for redress of property and...forces to assist in administrative/ contract law , assist in criminal law, assist in claims, provide legal assistance, and to provide assistance in...SERVICES (LFA): 11-8 ASSIST IN ADMINISTRATIVE/ CONTRACT LAW : 11-8 ASSIST IN CLAIMS: 11-8 ASSIST IN CRIMINAL LAW: 11-8 PROVIDE INTERNATIONAL LAW

Racing: A Critical Race Theorist's Qualitative Analysis of Whether African American Male Law School Alumni Were Mismatched or Maligned

ERIC Educational Resources Information Center

Jackson, Darrell D.

2012-01-01

Despite the vast research on African Americans and affirmative action, little qualitative analysis has been done to investigate how race exists and functions in American law schools. This dissertation researches the ways in which race is constructed, deconstructed, and reconstructed within two American law schools. Three primary lenses guide this…

Social Work and the Uniform Accident and Sickness Policy Provision Law: A Pilot Project

ERIC Educational Resources Information Center

Cochran, Gerald; Davis, King

2012-01-01

The Uniform Accident and Sickness Policy Provision Law (UPPL) is a statute existing in 26 states that permits health insurance companies to deny payment for claims made by individuals who have sustained injuries as a result of drug or alcohol use. This law presents a series of complicated clinical and ethical dilemmas for social workers and other…

Overview of Federal, New York State, and New York City Law Regarding Environmental Health and Safety in Schools.

ERIC Educational Resources Information Center

Advocates for Children of New York, Inc., Long Island City.

This document presents many of the federal, state, and New York City laws that apply to the health, safety, and environmental conditions of schools. The relevant portions of the law have been selected along with the mechanisms of legal enforcement that may exist and contact information where applicable. Legislative categories covered include air…

Group invariant solution for a pre-existing fracture driven by a power-law fluid in permeable rock

NASA Astrophysics Data System (ADS)

Fareo, A. G.; Mason, D. P.

2016-06-01

Group invariant analytical and numerical solutions for the evolution of a two-dimensional fracture with nonzero initial length in permeable rock and driven by an incompressible non-Newtonian fluid of power-law rheology are obtained. The effect of fluid leak-off on the evolution of the power-law fluid fracture is investigated.

Ideals and Realities in Japanese Law Schools: Artificial Obstacles to the Development of Legal Education

ERIC Educational Resources Information Center

Tanaka, Masahiro

2007-01-01

This paper attempts to describe some problems of the new Japanese law school system. As a result of the conflict between the ideals and realities of law schools, many institutions are now facing crises in their existence. This conflict originates in the various tactics being employed to protect vested interests, for instance, in sustaining the…

On the wrong inference of long-range correlations in climate data; the case of the solar and volcanic forcing over the Tropical Pacific

NASA Astrophysics Data System (ADS)

Varotsos, Costas A.; Efstathiou, Maria N.

2017-05-01

A substantial weakness of several climate studies on long-range dependence is the conclusion of long-term memory of the climate conditions, without considering it necessary to establish the power-law scaling and to reject a simple exponential decay of the autocorrelation function. We herewith show one paradigmatic case, where a strong long-range dependence could be wrongly inferred from incomplete data analysis. We firstly apply the DFA method on the solar and volcanic forcing time series over the tropical Pacific, during the past 1000 years and the results obtained show that a statistically significant straight line fit to the fluctuation function in a log-log representation is revealed with slope higher than 0.5, which wrongly may be assumed as an indication of persistent long-range correlations in the time series. We argue that the long-range dependence cannot be concluded just from this straight line fit, but it requires the fulfilment of the two additional prerequisites i.e. reject the exponential decay of the autocorrelation function and establish the power-law scaling. In fact, the investigation of the validity of these prerequisites showed that the DFA exponent higher than 0.5 does not justify the existence of persistent long-range correlations in the temporal evolution of the solar and volcanic forcing during last millennium. In other words, we show that empirical analyses, based on these two prerequisites must not be considered as panacea for a direct proof of scaling, but only as evidence that the scaling hypothesis is plausible. We also discuss the scaling behaviour of solar and volcanic forcing data based on the Haar tool, which recently proved its ability to reliably detect the existence of the scaling effect in climate series.

Schrödinger problem, Lévy processes, and noise in relativistic quantum mechanics

NASA Astrophysics Data System (ADS)

Garbaczewski, Piotr; Klauder, John R.; Olkiewicz, Robert

1995-05-01

The main purpose of the paper is an essentially probabilistic analysis of relativistic quantum mechanics. It is based on the assumption that whenever probability distributions arise, there exists a stochastic process that is either responsible for the temporal evolution of a given measure or preserves the measure in the stationary case. Our departure point is the so-called Schrödinger problem of probabilistic evolution, which provides for a unique Markov stochastic interpolation between any given pair of boundary probability densities for a process covering a fixed, finite duration of time, provided we have decided a priori what kind of primordial dynamical semigroup transition mechanism is involved. In the nonrelativistic theory, including quantum mechanics, Feynman-Kac-like kernels are the building blocks for suitable transition probability densities of the process. In the standard ``free'' case (Feynman-Kac potential equal to zero) the familiar Wiener noise is recovered. In the framework of the Schrödinger problem, the ``free noise'' can also be extended to any infinitely divisible probability law, as covered by the Lévy-Khintchine formula. Since the relativistic Hamiltonians ||∇|| and √-Δ+m2 -m are known to generate such laws, we focus on them for the analysis of probabilistic phenomena, which are shown to be associated with the relativistic wave (D'Alembert) and matter-wave (Klein-Gordon) equations, respectively. We show that such stochastic processes exist and are spatial jump processes. In general, in the presence of external potentials, they do not share the Markov property, except for stationary situations. A concrete example of the pseudodifferential Cauchy-Schrödinger evolution is analyzed in detail. The relativistic covariance of related wave equations is exploited to demonstrate how the associated stochastic jump processes comply with the principles of special relativity.

Economic Impact of Smoke-Free Air Laws in North Dakota on Restaurants and Bars.

PubMed

Shafer, Paul R; Loomis, Brett R

2016-08-01

In late 2012, North Dakota expanded its statewide smoke-free air law to cover all restaurants and bars in the state. Several North Dakota communities also had local ordinances that prohibited smoking in restaurants and bars prior to the statewide law. Previous work found no effect of the initial statewide law or several local laws on restaurant and bar sales. Using quarterly county-level employment data from 1990 to 2014, we examined whether the expanded statewide law or pre-existing local laws were associated with significant changes in employment in restaurants and bars in North Dakota. Separate models were estimated for restaurant and bar employment using two methods of controlling for smoke-free air law coverage. We found no evidence of a significant association between employment in restaurants and bars in North Dakota and the expanded statewide law or pre-existing local laws. Prior employment levels in restaurants and bars and prevailing economic conditions were the main drivers of restaurant and bar employment, not smoke-free air laws. This study examines the economic impact of smoke-free air laws in North Dakota on restaurant and bar employment following the expansion of the statewide law in late 2012 to cover all restaurants and bars. We find no significant adverse effect of smoke-free air laws on restaurants and bars, consistent with results from previous studies conducted in North Dakota and throughout the United States. This study is the first to analyze the economic impact of smoke-free air laws in North Dakota on restaurant and bar employment following the 2012 expansion of the statewide law to cover all restaurants and bars. We find no evidence of a significant adverse effect of smoke-free air laws on restaurants and bars, consistent with results from previous studies conducted in North Dakota and throughout the United States. Prior employment levels and prevailing economic conditions proved to be the main drivers of restaurant and bar employment, not smoke-free air laws. © The Author 2016. Published by Oxford University Press on behalf of the Society for Research on Nicotine and Tobacco. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

78 FR 75251 - Changes To Implement the Patent Law Treaty; Correction

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-11

...-2013-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty; Correction AGENCY: United States... Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that... practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of...

Alternative Fuels Data Center: Federal and State Laws and Incentives

Science.gov Websites

in this section... Search Federal State Local Examples Summary Tables Federal and State Laws and Legislation Find Local Laws and Incentives Find examples of laws and incentives from local governments. For ) Requirements by Year More Laws & Incentives Data | All Maps & Data Case Studies Deploying Clean Buses

History, research and practice of forensic anthropology in Thailand.

PubMed

Traithepchanapai, Pongpon; Mahakkanukrauh, Pasuk; Kranioti, Elena F

2016-04-01

Forensic anthropology is an increasingly developing discipline born about a century ago in the United States with the objective to contribute the knowledge of bone biology and physical anthropology to the emerging needs of the court of law. The development of research in biological and forensic anthropology has made rapid progress worldwide in the past few years, however, in most countries--with the exception of the United States--forensic anthropology work is still considered within the duties of the forensic pathologist. This paper attempts to summarise the history and development of forensic anthropology in Thailand by providing information on past and current research and practice that can help forensic practitioners to apply existing methods in forensic cases and mass disasters. It is hoped that the lessons learned from the tsunami catastrophe and the emerging need for positive identification in medicolegal settings will lead to rapid advances in education, training and professional engagement of anthropologists from the forensic departments and the law enforcement agencies in Thailand. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

A Life Fulfilled: Should There Be Assisted Suicide for Those Who Are Done with Living?

PubMed

Buijsen, Martin

2018-07-01

The issue of assisted suicide for those with a "fulfilled life" is being hotly debated in the Netherlands. A large number of Dutch people feel that elderly people (i.e., people who have reached the age of 70) with a "fulfilled life" should have access to assisted suicide. Citizens have therefore requested Parliament to expand the existing legislation that governs euthanasia and physician-assisted suicide. The Dutch constitution does not permit national legislation to be incompatible with higher international (human rights) law. An analysis of the case law of the European Court of Human Rights shows that a person's right to decide on the time and manner of his or her death should be regarded as an aspect of the right to privacy. Although no positive obligation has been imposed on parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms to facilitate suicide, they may do so, provided that certain conditions are met.

Universal 'imaginary closed circuit method' and formula for determination of direction of induced emf/current

NASA Astrophysics Data System (ADS)

Balaram Atram, Dattatraya

2011-01-01

Fleming's right-hand rule and the right-flat-hand rule are generally applied for determining the direction of flow of induced emf/current in straight conductors. The right-hand-fingers rule is applied for coils only. The right-hand-thumb rule can be applied for either straight conductors or coils. Different rules have to be applied for different situations. Also, a formula for determining the direction of induced emf/current does not exist on the basis of these rules. In this article, based on Faraday's law of electromagnetic induction and Lenz's law, an 'imaginary closed circuit method' and a formula for determination of direction of induced emf/current has been proposed. The method is universal in the sense that it is applicable for conductors of any shape, for any kind of relative motion of the conductor with respect to the magnetic flux, and moreover it is applicable for the case of varying magnetic flux.

Simplified analysis about horizontal displacement of deep soil under tunnel excavation

NASA Astrophysics Data System (ADS)

Tian, Xiaoyan; Gu, Shuancheng; Huang, Rongbin

2017-11-01

Most of the domestic scholars focus on the study about the law of the soil settlement caused by subway tunnel excavation, however, studies on the law of horizontal displacement are lacking. And it is difficult to obtain the horizontal displacement data of any depth in the project. At present, there are many formulas for calculating the settlement of soil layers. In terms of integral solutions of Mindlin classic elastic theory, stochastic medium theory, source-sink theory, the Peck empirical formula is relatively simple, and also has a strong applicability at home. Considering the incompressibility of rock and soil mass, based on the principle of plane strain, the calculation formula of the horizontal displacement of the soil along the cross section of the tunnel was derived by using the Peck settlement formula. The applicability of the formula is verified by comparing with the existing engineering cases, a simple and rapid analytical method for predicting the horizontal displacement is presented.

Extending 3D city models with legal information

NASA Astrophysics Data System (ADS)

Frank, A. U.; Fuhrmann, T.; Navratil, G.

2012-10-01

3D city models represent existing physical objects and their topological and functional relations. In everyday life the rights and responsibilities connected to these objects, primarily legally defined rights and obligations but also other socially and culturally established rights, are of importance. The rights and obligations are defined in various laws and it is often difficult to identify the rules applicable for a certain case. The existing 2D cadastres show civil law rights and obligations and plans to extend them to provide information about public law restrictions for land use are in several countries under way. It is tempting to design extensions to the 3D city models to provide information about legal rights in 3D. The paper analyses the different types of information that are needed to reduce conflicts and to facilitate decisions about land use. We identify the role 3D city models augmented with planning information in 3D can play, but do not advocate a general conversion from 2D to 3D for the legal cadastre. Space is not anisotropic and the up/down dimension is practically very different from the two dimensional plane - this difference must be respected when designing spatial information systems. The conclusions are: (1) continue the current regime for ownership of apartments, which is not ownership of a 3D volume, but co-ownership of a building with exclusive use of some rooms; such exclusive use rights could be shown in a 3D city model; (2) ownership of 3D volumes for complex and unusual building situations can be reported in a 3D city model, but are not required everywhere; (3) indicate restrictions for land use and building in 3D city models, with links to the legal sources.

Is one wife enough? Polygamy's increasingly threatened role in the modern world.

PubMed

1993-12-08

Muslim law sanctions polygamy, but government family law and women's rights law restricts the practice. In Malaysia recorded polygamous marriages actually increased from 525 in 1984 to 1704 in 1991. In Bangladesh multiple marriages doubled in the last decade. The limit is usually four wives, but money is the key determinant. Islamic law allows for 4 wives, consultation with existing spouses, and equal treatment. In practice spousal support may not be evenly or fairly distributed. An Islamic judge hears evidence in the case of a wheelchair bound wife and rules in favor of polygamy. In Indonesia there is pressure not to take a second wife. Civil servants may risk the loss of a job for disobeying the norm. The pressure for compliance however is not very strong at the village level. Polygamy is practiced for prestige, economic and social advantage, and adherence to a traditional custom. Psychiatrist Yongyud Wongpiromsarm reports that men's first experience may be with commercial sex, which makes it difficult for these men to adjust to one wife. Maladjustment leads to going to other women. In Pakistan a women's civil rights activist reports that even though law stipulates that a first wife must give permission for a second marriage, divorce is easy for a man and the outcome may be no support for the first wife. In nine out of thirteen states in Malaysia, a judge's permission is required. Men circumvent restrictions in one state by getting permission in less restrictive states. A new computerized national registry will prevent this maneuver in the future. Contentiousness may be blamed on the woman. For example, one religious officer says that women, who do not allow husbands to remarry, allow adultery and are a source of social problems. Monogamous societies do not always restrict a husband's waywardness. The labeling of mistress brings with it Western morality and value judgments. Misery is caused in either case. Some women have good reasons to favor polygamy. Others such as Pakistani beauty Nita Ayb suggested in 1989 that women should take four husbands. She was forthwith banned from the pageant.

AIDS and the responsibilities of academic health science centers: a case law approach.

PubMed

McKenzie, S B

1992-01-01

The advent of AIDS and HIV infection has heightened administrator and faculty concern over providing and maintaining a safe environment for students in the health professions. Failure to provide this environment may result in litigation. Although case law on AIDS-related issues in higher education is sparse, court decisions on related issues are helpful in providing guidance on university responsibility. Case law indicates that if faculty provide appropriate supervision and give adequate instruction, including accepted safety practices, the courts will determine that the university has provided reasonable care to prevent student exposure to HIV. Other issues, related to HIV-positive students, demand that universities create carefully deliberated policies and procedures that do not discriminate against these individuals. This paper is the result of research on case law as it pertains to the potential legal issues of HIV and the university.

Plaintiff or defendant: using legal cases to teach students pharmacy law.

PubMed

Spies, Alan R

2008-10-15

To demonstrate the value of students using actual legal cases during collaborative "breakout" sessions in a pharmacy law class. Students were broken into smaller groups and randomly assigned a legal case to arbitrate or defend. One week prior to the groups' presentation, all students were given the facts of a case that was reflective of issues covered during the lecture component of the course. Formative assessments were utilized in addition to an overall breakout satisfaction survey administered at the end of the course. Overall, students felt the breakout sessions enhanced their learning environment and reinforced material covered during the didactic portion of the course. Students also recommended the breakout sessions for future pharmacy law courses. Dividing a large pharmacy law class into 2 sections of 12 groups each and conducting mock trials resulted in increased student participation and interaction and deeper understanding of the course content.

Court Cases Alleging Employment Discrimination in Public Schools

ERIC Educational Resources Information Center

Speers, Gary M.

2014-01-01

The purpose of this research was to examine Court Cases Alleging Employment Discrimination in Public Schools by analyzing 115 law based court cases ranging during 1980-2012, through the most available publication of "West's Educational Law Digest" of 2012. Employment is a means to provide sustainable income to support the individual(s)…

A longitudinal analysis of the effect of nonmedical exemption law and vaccine uptake on vaccine-targeted disease rates.

PubMed

Yang, Y Tony; Debold, Vicky

2014-02-01

We assessed how nonmedical exemption (NME) laws and annual uptake of vaccines required for school or daycare entry affect annual incidence rates for 5 vaccine-targeted diseases: pertussis, measles, mumps, Haemophilus influenzae type B, and hepatitis B. We employed longitudinal mixed-effects models to examine 2001-2008 vaccine-targeted disease data obtained from the National Notifiable Disease Surveillance System. Key explanatory variables were state-level vaccine-specific uptake rates from the National Immunization Survey and a state NME law restrictiveness level. NME law restrictiveness and vaccine uptake were not associated with disease incidence rate for hepatitis B, Haemophilus influenzae type B, measles, or mumps. Pertussis incidence rate, however, was negatively associated with NME law restrictiveness (b = -0.20; P = .03) and diphtheria-pertussis-tetanus vaccine uptake (b = -0.01; P = .05). State NME laws and vaccine uptake rates did not appear to influence lower-incidence diseases but may influence reported disease rates for higher-incidence diseases. If all states increased their NME law restrictiveness by 1 level and diphtheria-pertussis-tetanus uptake by 1%, national annual pertussis cases could decrease by 1.14% (171 cases) and 0.04% (5 cases), respectively.

Law School, University of Minnesota, Minneapolis

ERIC Educational Resources Information Center

American School and University, 1977

1977-01-01

The University of Minnesota Law School is a winner in the AS&U 1977 College & University Architectural Competition. The jury commented on the strong recognition of energy conservation and the skillful integration of the building with the existing campus. (Author/MLF)

Reducing Tobacco Use and Access Through Strengthened Minimum Price Laws

PubMed Central

Pearson, Anne; Laird-Metke, Elisa; Ribisl, Kurt

2014-01-01

Higher prices reduce consumption and initiation of tobacco products. A minimum price law that establishes a high statutory minimum price and prohibits the industry’s discounting tactics for tobacco products is a promising pricing strategy as an alternative to excise tax increases. Although some states have adopted minimum price laws on the basis of statutorily defined price “markups” over the invoice price, existing state laws have been largely ineffective at increasing the retail price. We analyzed 3 new variations of minimum price laws that hold great potential for raising tobacco prices and reducing consumption: (1) a flat rate minimum price law similar to a recent enactment in New York City, (2) an enhanced markup law, and (3) a law that incorporates both elements. PMID:25121820

Similarity solutions for unsteady flow behind an exponential shock in a self-gravitating non-ideal gas with azimuthal magnetic field

NASA Astrophysics Data System (ADS)

Nath, G.; Pathak, R. P.; Dutta, Mrityunjoy

2018-01-01

Similarity solutions for the flow of a non-ideal gas behind a strong exponential shock driven out by a piston (cylindrical or spherical) moving with time according to an exponential law is obtained. Solutions are obtained, in both the cases, when the flow between the shock and the piston is isothermal or adiabatic. The shock wave is driven by a piston moving with time according to an exponential law. Similarity solutions exist only when the surrounding medium is of constant density. The effects of variation of ambient magnetic field, non-idealness of the gas, adiabatic exponent and gravitational parameter are worked out in detail. It is shown that the increase in the non-idealness of the gas or the adiabatic exponent of the gas or presence of magnetic field have decaying effect on the shock wave. Consideration of the isothermal flow and the self-gravitational field increase the shock strength. Also, the consideration of isothermal flow or the presence of magnetic field removes the singularity in the density distribution, which arises in the case of adiabatic flow. The result of our study may be used to interpret measurements carried out by space craft in the solar wind and in neighborhood of the Earth's magnetosphere.

What is the future of peer review? Why is there fraud in science? Is plagiarism out of control? Why do scientists do bad things? Is it all a case of: "all that is necessary for the triumph of evil is that good men do nothing"?

PubMed

Triggle, Chris R; Triggle, David J

2007-01-01

Peer review is an essential component of the process that is universally applied prior to the acceptance of a manuscript, grant or other scholarly work. Most of us willingly accept the responsibilities that come with being a reviewer but how comfortable are we with the process? Peer review is open to abuse but how should it be policed and can it be improved? A bad peer review process can inadvertently ruin an individual's career, but are there penalties for policing a reviewer who deliberately sabotages a manuscript or grant? Science has received an increasingly tainted name because of recent high profile cases of alleged scientific misconduct. Once considered the results of work stress or a temporary mental health problem, scientific misconduct is increasingly being reported and proved to be a repeat offence. How should scientific misconduct be handled--is it a criminal offence and subject to national or international law? Similarly plagiarism is an ever-increasing concern whether at the level of the student or a university president. Are the existing laws tough enough? These issues, with appropriate examples, are dealt with in this review.

Entitlements for Federally Affected School Districts Under Public Laws 874 and 815: Case Studies. Volume II.

ERIC Educational Resources Information Center

Stanford Research Inst., Menlo Park, CA.

Public laws 874 and 815 are intended to help relieve the financial burdens imposed on public school districts as a result of the tax-exempt nature of federal property. Where volume 1 presented a broad statistical analysis of the impact of P.L. 874 and 815 in 54 school districts, this volume contains indepth case studies of the laws' effects in…

Exponentially Stabilizing Robot Control Laws

NASA Technical Reports Server (NTRS)

Wen, John T.; Bayard, David S.

1990-01-01

New class of exponentially stabilizing laws for joint-level control of robotic manipulators introduced. In case of set-point control, approach offers simplicity of proportion/derivative control architecture. In case of tracking control, approach provides several important alternatives to completed-torque method, as far as computational requirements and convergence. New control laws modified in simple fashion to obtain asymptotically stable adaptive control, when robot model and/or payload mass properties unknown.

Small Purchases.

DTIC Science & Technology

1982-01-01

excusable delay under "general contract law ". The Board went on to state that had the usual DAR default clause been present, it would have...that in Michigan the Board, in applying its "general contract law ", referenced the "usual DAR default clause" after the Board specifically recognized...Provisions through its "general contract law " principles in appropriate cases. In future cases the appropriate remedy may not be found in the Additional

Can Newton's Third Law Be "Derived" from the Second?

NASA Astrophysics Data System (ADS)

Gangopadhyaya, Asim; Harrington, James

2017-04-01

Newton's laws have engendered much discussion over several centuries. Today, the internet is awash with a plethora of information on this topic. We find many references to Newton's laws, often discussions of various types of misunderstandings and ways to explain them. Here we present an intriguing example that shows an assumption hidden in Newton's third law that is often overlooked. As is well known, the first law defines an inertial frame of reference and the second law determines the acceleration of a particle in such a frame due to an external force. The third law describes forces exerted on each other in a two-particle system, and allows us to extend the second law to a system of particles. Students are often taught that the three laws are independent. Here we present an example that challenges this assumption. At first glance, it seems to show that, at least for a special case, the third law follows from the second law. However, a careful examination of the assumptions demonstrates that is not quite the case. Ultimately, the example does illustrate the significance of the concept of mass in linking Newton's dynamical principles.

[How can institutional structures make clinical research in France more operational?].

PubMed

Funck-Brentano, C; Brouard, R

The laws regulating the practice of clinical research in France, in particular the law of 20 December 1988, the so-called Huriet's law, constitute a major advance for medical progress. However, their implementation by administrative offices generates practical difficulties which impair the development of applied research in human beings. Beyond the laws themselves, it appears that our institutions are unprepared to optimize the conduct of such research. This round table sought to list the existing problems and to propose constructive solutions or objectives to be reached to optimize clinical research in France, with a view to improving French participation in international collaborative programmes, notably European ones. Evaluation of projects and practices, financial support and accounting, and some aspects of existing laws have been identified as the major sources of our difficulties. Harmonization and clarification of our procedures as well as improvement of training should be our primary objectives to achieve a higher level of medical, scientific, financial and administrative quality in the conduct of clinical research. Creation of a referential Web site, designed and updated by a central public organization, is an imperative step towards reaching these objectives.

For the law, neuroscience changes nothing and everything.

PubMed Central

Greene, Joshua; Cohen, Jonathan

2004-01-01

The rapidly growing field of cognitive neuroscience holds the promise of explaining the operations of the mind in terms of the physical operations of the brain. Some suggest that our emerging understanding of the physical causes of human (mis)behaviour will have a transformative effect on the law. Others argue that new neuroscience will provide only new details and that existing legal doctrine can accommodate whatever new information neuroscience will provide. We argue that neuroscience will probably have a transformative effect on the law, despite the fact that existing legal doctrine can, in principle, accommodate whatever neuroscience will tell us. New neuroscience will change the law, not by undermining its current assumptions, but by transforming people's moral intuitions about free will and responsibility. This change in moral outlook will result not from the discovery of crucial new facts or clever new arguments, but from a new appreciation of old arguments, bolstered by vivid new illustrations provided by cognitive neuroscience. We foresee, and recommend, a shift away from punishment aimed at retribution in favour of a more progressive, consequentialist approach to the criminal law. PMID:15590618

Brightening up: the effect of the Physician Payment Sunshine Act on existing regulation of pharmaceutical marketing.

PubMed

Gorlach, Igor; Pham-Kanter, Genevieve

2013-01-01

With the passage of the Physician Payment Sunshine Act as part of the federal health care reform law, pharmaceutical manufacturers are now required to disclose a wide range of payments made by manufacturers to physicians. We review current state regulation of pharmaceutical marketing and consider how the federal sunshine provision will affect existing marketing regulation. We analyze the legal and practical implications of the Physician Payment Sunshine Act. © 2013 American Society of Law, Medicine & Ethics, Inc.

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2014 CFR

2014-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2011 CFR

2011-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2012 CFR

2012-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2013 CFR

2013-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

Fatal child abuse in Japan: does a trend exist toward tougher sentencing?

PubMed

Nambu, Saori; Nasu, Ayako; Nishimura, Shigeru; Nishimura, Akiyoshi; Fujiwara, Satoshi

2011-07-01

It has been pointed out in Japan that criminal punishment in domestic homicide cases, especially in fatal child abuse cases, tends to be more lenient than in public homicide cases that occur outside the home. In recent news accounts of fatal child abuse cases, however, the media has reported that court-imposed sentences have tended to be stricter every year. Using the online databases of three major Japanese newspapers, we collected articles about fatal child abuse cases that had been published from January 2008 to December 2009. We analyzed these articles to determine, whether a tendency towards tougher penalties, as was put forward by the media, actually exists at present time in the criminal system in Japan. We found 24 cases, out of which 20 involved only one offender and 4 involved two offenders. These 28 offenders comprised nine biological fathers, 11 biological mothers, and eight other male relatives of the child victims. We found that the sentences handed down by the court clearly tended to be more lenient for female offenders. A new system of criminal jurisprudence, the so-called saiban-in system wherein citizens serve as "lay judges" in criminal trials involving serious crimes, was implemented in Japan at the start of 2009. Each, district court has gradually adopted this new system after a preparation period of approximately five years starting in 2004. Many figures in the Japanese media predicted that the gap between social expectations and court sentences for sanction against domestic homicide cases would be filled with the present transitional period of the Japanese criminal system. However, the present study found no significant difference in the laws regarding sentencing in fatal child abuse cases before and after the preparation period of the saiban-in system.

The Road to Law School and Beyond: Examining Challenges to Racial and Ethnic Diversity in the Legal Profession. LSAC Research Report Series.

ERIC Educational Resources Information Center

Wilder, Gita Z.

To explore possible sources of the underrepresentation of minority groups in law school, this paper brings together existing data that describe the participation of members of different racial/ethnic groups, especially African Americans and Hispanics, at successive points along the way to employment in the law. It focuses on the process by which…

Reconsidering the legality of cigarette smoking advertisements on television public health and the law.

PubMed

Hodge, James G; Collmer, Veda; Orenstein, Daniel G; Millea, Chase; Van Buren, Laura

2013-01-01

Television advertisements depicting the use of electronic cigarettes have recently exposed minors to images of smoking behaviors. While these advertisements are currently legal, existing laws should be interpreted or expanded to ban the commercial depiction of smoking behaviors with any product that resembles a cigarette to shield minors from potentially influential advertising. © 2013 American Society of Law, Medicine & Ethics, Inc.

41 CFR 101-8.304 - Effect of State or local law or other requirements and effect of employment opportunities.

Code of Federal Regulations, 2010 CFR

2010-07-01

... REGULATIONS GENERAL 8-NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE 8.3-Discrimination Prohibited on the Basis of Handicap § 101-8.304 Effect of State or local law or other requirements and effect... alleviated by the existence of any State or local law or other requirement that, on the basis of handicap...

41 CFR 101-8.304 - Effect of State or local law or other requirements and effect of employment opportunities.

Code of Federal Regulations, 2014 CFR

2014-07-01

... REGULATIONS GENERAL 8-NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE 8.3-Discrimination Prohibited on the Basis of Handicap § 101-8.304 Effect of State or local law or other requirements and effect... alleviated by the existence of any State or local law or other requirement that, on the basis of handicap...

41 CFR 101-8.304 - Effect of State or local law or other requirements and effect of employment opportunities.

Code of Federal Regulations, 2013 CFR

2013-07-01

... REGULATIONS GENERAL 8-NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE 8.3-Discrimination Prohibited on the Basis of Handicap § 101-8.304 Effect of State or local law or other requirements and effect... alleviated by the existence of any State or local law or other requirement that, on the basis of handicap...

41 CFR 101-8.304 - Effect of State or local law or other requirements and effect of employment opportunities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... REGULATIONS GENERAL 8-NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE 8.3-Discrimination Prohibited on the Basis of Handicap § 101-8.304 Effect of State or local law or other requirements and effect... alleviated by the existence of any State or local law or other requirement that, on the basis of handicap...

41 CFR 101-8.304 - Effect of State or local law or other requirements and effect of employment opportunities.

Code of Federal Regulations, 2012 CFR

2012-07-01

... REGULATIONS GENERAL 8-NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE 8.3-Discrimination Prohibited on the Basis of Handicap § 101-8.304 Effect of State or local law or other requirements and effect... alleviated by the existence of any State or local law or other requirement that, on the basis of handicap...

Variability and Limits of US State Laws Regulating Workplace Wellness Programs.

PubMed

Pomeranz, Jennifer L; Garcia, Andrea M; Vesprey, Randy; Davey, Adam

2016-06-01

We examined variability in state laws related to workplace wellness programs for public and private employers. We conducted legal research using LexisNexis and Westlaw to create a master list of US state laws that existed in 2014 dedicated to workplace wellness programs. The master list was then divided into laws focusing on public employers and private employers. We created 2 codebooks to describe the variables used to examine the laws. Coders used LawAtlas(SM) Workbench to code the laws related to workplace wellness programs. Thirty-two states and the District of Columbia had laws related to workplace wellness programs in 2014. Sixteen states and the District of Columbia had laws dedicated to public employers, and 16 states had laws dedicated to private employers. Nine states and the District of Columbia had laws that did not specify employer type. State laws varied greatly in their methods of encouraging or shaping wellness program requirements. Few states have comprehensive requirements or incentives to support evidence-based workplace wellness programs.

Alternative Fuels Data Center: About the Laws and Incentives Data

Science.gov Websites

... Search Federal State Local Examples Summary Tables About the Laws and Incentives Data Download Data You final rules. Existing information is reviewed at the same time new information is added to ensure it is

Exploring the role of the internet in juvenile prostitution cases coming to the attention of law enforcement.

PubMed

Wells, Melissa; Mitchell, Kimberly J; Ji, Kai

2012-01-01

This exploratory analysis examines the role of the Internet in juvenile prostitution cases coming to the attention of law enforcement. The National Juvenile Prostitution Study (N-JPS) collected information from a national sample of law enforcement agencies about the characteristics of juvenile prostitution cases. In comparison to non-Internet juvenile prostitution cases, Internet juvenile prostitution cases involved younger juveniles and police were more likely to treat juveniles as victims rather than offenders. In addition, these cases were significantly more likely to involve a family or acquaintance exploiter. This analysis suggests that the role of the Internet may impact legal and social service response to juveniles involved in prostitution. In addition, it highlights the need for interventions that acknowledge the vulnerabilities of youth involved in this type of commercial sexual exploitation.

Mental health law and the UN Convention on the rights of persons with disabilities

PubMed Central

Szmukler, George; Daw, Rowena; Callard, Felicity

2014-01-01

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as ‘impairment’, ‘long-term’ and the capaciousness of the word ‘includes’ in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Conventional mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 (‘no discrimination of any kind on the basis of disability’), Article 12 (persons shall ‘enjoy legal capacity on an equal basis with others in all aspects of life’) and Article 14 (‘the existence of a disability shall in no case justify a deprivation of liberty’). We argue that a form of mental health law, such as the Fusion Law proposal, is consistent with the principles of the CRPD. Such law is aimed at eliminating discrimination against persons with a mental illness. It covers all persons regardless of whether they have a ‘mental’ or a ‘physical’ illness, and only allows involuntary treatment when a person's decision-making capability (DMC) for a specific treatment decision is impaired — whatever the health setting or cause of the impairment — and where supported decision making has failed. In addition to impaired DMC, involuntary treatment would require an assessment that such treatment gives the person's values and perspective paramount importance. PMID:24280316

Mental health law and the UN Convention on the rights of Persons with Disabilities.

PubMed

Szmukler, George; Daw, Rowena; Callard, Felicity

2014-01-01

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as 'impairment', 'long-term' and the capaciousness of the word 'includes' in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Conventional mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 ('no discrimination of any kind on the basis of disability'), Article 12 (persons shall 'enjoy legal capacity on an equal basis with others in all aspects of life') and Article 14 ('the existence of a disability shall in no case justify a deprivation of liberty'). We argue that a form of mental health law, such as the Fusion Law proposal, is consistent with the principles of the CRPD. Such law is aimed at eliminating discrimination against persons with a mental illness. It covers all persons regardless of whether they have a 'mental' or a 'physical' illness, and only allows involuntary treatment when a person's decision-making capability (DMC) for a specific treatment decision is impaired - whatever the health setting or cause of the impairment - and where supported decision making has failed. In addition to impaired DMC, involuntary treatment would require an assessment that such treatment gives the person's values and perspective paramount importance. Copyright © 2014 Elsevier Ltd. All rights reserved.

Searching the Future for the Legal Regime of Space Activities: the Need for Unification of National Space Legislation' Provisions

NASA Astrophysics Data System (ADS)

Negoda, S. A.

2002-01-01

space activities. For the future legal regime of space activities it is vital to preserve the existed principles and main provisions of the international space law. related legislations are developing rapidly. They become serious instrument for legal regulation of space activities. those projects with a foreign party involvement. Quite often partners in international space projects agree to choice a domestic law of one of them. They do this for defining a certain organizational and/or contractual issue (disputes settlement, for example) of the project. that such practice will spread widely. could help to preserve the existed important provisions of international space law (responsibility of states for their national activities, for instance). development of international space private law. We believe that solely special laws and regulations of national legislations could not regulate modern space activities. Being more and more commercial, space activities are becoming a real part of "downed to Earth" commercial activities. Therefore, in many countries provisions of civil, commercial, investment and other branches of national law are applied to such activities. which could low possible risks of such activities and to control them. Such unification seems to be suitable in the following fields: 1)implementation of provisions of international space law in national space laws; 2)definition of unified terminology, accepted by national laws of all parties; 3)unification in national legislations of a certain standards (insurance rates and rules, for instance); 4)unification in national laws of issues related to liability (for instance, a mutual wave of liability in certain types of 5)implementation in national laws of unified rules and procedures of space-related commercial disputes settlement; 6)unification of mechanisms for protection of space-related intellectual property. unification of their provisions. Special attention is paid to provisions of private law (including collision norms). conflicts between parties and national laws in light of expanding of application of national laws' provisions to space activities, 2) unification and further development of international space private law will help to maintain the authority of international public space law and to keep a proper hierarchy between these branches.

Injury Source and Correlation Analysis of Riders in Car-Electric Bicycle Accidents.

PubMed

Zou, Tiefang; Yi, Liang; Cai, Ming; Hu, Lin; Li, Yuelin

2018-01-01

The knowledge about the injury source and correlation of riders in car-electric bicycle accident will be helpful in the cross validation of traces and vehicle safety design. In order to know more information about such kind of knowledge, 57 true car-electric bicycle accidents were reconstructed by PC-Crash and then data on injury information of riders were collected directly from the reconstructed cases. These collected data were validated by some existing research results firstly, and then 4 abnormal cases were deleted according to the statistical method. Finally, conclusions can be obtained according to the data obtained from the remaining 53 cases. Direct injuries of the head and right leg are from the road pavement upon low speed; the source laws of indirect head injuries are not obvious. Upon intermediate and high speed, the injuries of the above parts are from automobiles. Injuries of the left leg, femur, and right knee are from automobiles; left knee injuries are from automobiles, the road pavement and automobiles, respectively, upon low, intermediate, and high speed. The source laws of indirect torso injuries are not obvious upon intermediate and low speed, which are from automobiles upon high speed, while direct torso injuries are from the road pavement. And there is no high correlation between all parts of the injury of riders. The largest correlation coefficient was the head-left femur and left femur-right femur, which was 0.647, followed by the head-right femur (0.638) and head-torso which was 0.617.

Defamation & Stigma Claims against Public Employers.

ERIC Educational Resources Information Center

Worona, Jay; Fletcher, Cynthia Plumb

This article, written by two lawyers, defines defamation, discusses the basic law of defamation and stigma, and focuses on recent case law on this topic. The cases are only a sample of the numerous cases that school districts across the nation face on the issues of defamation and stigma. The following topics are included in the legal review: the…

Investigator's Guide to Missing Child Cases. For Law-Enforcement Officers Locating Missing Children. Second Edition.

ERIC Educational Resources Information Center

Patterson, John C.

This booklet provides guidance to law enforcement officers investigating missing children cases, whether through parental kidnappings, abductions by strangers, runaway or "throwaway" cases, and those in which the circumstances are unknown. The guide describes, step-by-step, the investigative process required for each of the four types of missing…

Student-on-Student Assault: What You Need To Know about Peer Violence.

ERIC Educational Resources Information Center

Furst, Lyndon G.

1996-01-01

Litigation regarding children assaulted by other children in public schools has produced two strands of case law: sex discrimination cases (based on federal law) and negligence cases. School personnel have a moral and legal responsibility to provide for the physical and emotional safety of children under their care. A Michigan middle-school…

Effects of international law on migration policy and practice: the uses of hypocrisy.

PubMed

Martin, D A

1989-01-01

Classical learning recognizes no role for international law in affecting migration policy and practice, but in modern times the salutary effects are increasing, although they remain modest. International law influences migration policy primarily through effective invocation of various forms of "soft law" in internal and international political forums. More limited prospects exist for beneficial changes enforced by international institutions and domestic courts. The article cautions against inflated expectations in the latter settings, however, particularly because overly ambitious claims can be counterproductive. It then offers a few predictions about near-term effects of international law, having to do with departures from a country, refugee law, and the integration of migrants into their new homelands.

Developing an undue influence screening tool for Adult Protective Services.

PubMed

Quinn, Mary Joy; Nerenberg, Lisa; Navarro, Adria E; Wilber, Kathleen H

2017-03-01

The study purpose was to develop and pilot an undue influence screening tool for California's Adult Protective Services (APS) personnel based on the definition of undue influence enacted into California law January 1, 2014. Methods included four focus groups with APS providers (n = 33), piloting the preliminary tool by APS personnel (n = 15), and interviews with four elder abuse experts and two APS administrators. Social service literature-including existing undue influence models-was reviewed, as were existing screening and assessment tools. Using the information from these various sources, the California Undue Influence Screening Tool (CUIST) was developed. It can be applied to APS cases and potentially adapted for use by other professionals and for use in other states. Implementation of the tool into APS practice, policy, procedures, and training of personnel will depend on the initiative of APS management. Future work will need to address the reliability and validity of CUIST.

A Review of Economic Evaluations of Tobacco Control Programs

PubMed Central

Kahende, Jennifer W.; Loomis, Brett R.; Adhikari, Bishwa; Marshall, LaTisha

2009-01-01

Each year, an estimated 443,000 people die of smoking-related diseases in the United States. Cigarette smoking results in more than $193 billion in medical costs and productivity losses annually. In an effort to reduce this burden, many states, the federal government, and several national organizations fund tobacco control programs and policies. For this report we reviewed existing literature on economic evaluations of tobacco control interventions. We found that smoking cessation therapies, including nicotine replacement therapy (NRT) and self-help are most commonly studied. There are far fewer studies on other important interventions, such as price and tax increases, media campaigns, smoke free air laws and workplace smoking interventions, quitlines, youth access enforcement, school-based programs, and community-based programs. Although there are obvious gaps in the literature, the existing studies show in almost every case that tobacco control programs and policies are either cost-saving or highly cost-effective. PMID:19440269

Law enforcement attitudes toward overdose prevention and response.

PubMed

Green, Traci C; Zaller, Nickolas; Palacios, Wilson R; Bowman, Sarah E; Ray, Madeline; Heimer, Robert; Case, Patricia

2013-12-01

Law enforcement is often the first to respond to medical emergencies in the community, including overdose. Due to the nature of their job, officers have also witnessed first-hand the changing demographic of drug users and devastating effects on their community associated with the epidemic of nonmedical prescription opioid use in the United States. Despite this seminal role, little data exist on law enforcement attitudes toward overdose prevention and response. We conducted key informant interviews as part of a 12-week Rapid Assessment and Response (RAR) process that aimed to better understand and prevent nonmedical prescription opioid use and overdose deaths in locations in Connecticut and Rhode Island experiencing overdose "outbreaks." Interviews with 13 law enforcement officials across three study sites were analyzed to uncover themes on overdose prevention and naloxone. Findings indicated support for law enforcement involvement in overdose prevention. Hesitancy around naloxone administration by laypersons was evident. Interview themes highlighted officers' feelings of futility and frustration with their current overdose response options, the lack of accessible local drug treatment, the cycle of addiction, and the pervasiveness of easily accessible prescription opioid medications in their communities. Overdose prevention and response, which for some officers included law enforcement-administered naloxone, were viewed as components of community policing and good police-community relations. Emerging trends, such as existing law enforcement medical interventions and Good Samaritan Laws, suggest the need for broader law enforcement engagement around this pressing public health crisis, even in suburban and small town locations, to promote public safety. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

Law enforcement attitudes toward overdose prevention and response

PubMed Central

Green, Traci C.; Zaller, Nickolas; Palacios, Wilson R.; Bowman, Sarah E.; Ray, Madeline; Heimer, Robert; Case, Patricia

2014-01-01

Background Law enforcement is often the first to respond to medical emergencies in the community, including overdose. Due to the nature of their job, officers have also witnessed first-hand the changing demographic of drug users and devastating effects on their community associated with the epidemic of nonmedical prescription opioid use in the United States. Despite this seminal role, little data exist on law enforcement attitudes toward overdose prevention and response. Methods We conducted key informant interviews as part of a 12-week Rapid Assessment and Response (RAR) process that aimed to better understand and prevent nonmedical prescription opioid use and overdose deaths in locations in Connecticut and Rhode Island experiencing overdose “outbreaks.” Interviews with 13 law enforcement officials across three study sites were analyzed to uncover themes on overdose prevention and naloxone. Results Findings indicated support for law enforcement involvement in overdose prevention. Hesitancy around naloxone administration by laypersons was evident. Interview themes highlighted officers’ feelings of futility and frustration with their current overdose response options, the lack of accessible local drug treatment, the cycle of addiction, and the pervasiveness of easily accessible prescription opioid medications in their communities. Overdose prevention and response, which for some officers included law enforcement-administered naloxone, were viewed as components of community policing and good police-community relations. Conclusion Emerging trends, such as existing law enforcement medical interventions and Good Samaritan Laws, suggest the need for broader law enforcement engagement around this pressing public health crisis, even in suburban and small town locations, to promote public safety. PMID:24051061

Entangle Accelerating Universe

NASA Astrophysics Data System (ADS)

González-Díaz, Pedro F.; Robles-Pérez, Salvador a. i. e.

We show that there exists a T-duality symmetry between two-dimensional warp drives and two dimensional Tolman-Hawking and Gidding-Strominger baby universes respectively correlated in pairs, so that the creation of warp drives is also equivalent to space-time squeezing. It has been also seen that the nucleation of warp drives entails a violation of the Bell's inequalities. These results are generalized to the case of any dynamically accelerating universe whose creation is also physically equivalent to spacetime squeezing and to the violation of the Bell's inequalities, so that the universe we are living in should be governed by essential sharp quantum theory laws and must be a quantum entangled system.

Asymmetric design for Compound Elliptical Concentrators (CEC) and its geometric flux implications

NASA Astrophysics Data System (ADS)

Jiang, Lun; Winston, Roland

2015-08-01

The asymmetric compound elliptical concentrator (CEC) has been a less discussed subject in the nonimaging optics society. The conventional way of understanding an ideal concentrator is based on maximizing the concentration ratio based on a uniformed acceptance angle. Although such an angle does not exist in the case of CEC, the thermodynamic laws still hold and we can produce concentrators with the maximum concentration ratio allowed by them. Here we restate the problem and use the string method to solve this general problem. Built on the solution, we can discover groups of such ideal concentrators using geometric flux field, or flowline method.

Neutron-based nonintrusive inspection techniques

NASA Astrophysics Data System (ADS)

Gozani, Tsahi

1997-02-01

Non-intrusive inspection of large objects such as trucks, sea-going shipping containers, air cargo containers and pallets is gaining attention as a vital tool in combating terrorism, drug smuggling and other violation of international and national transportation and Customs laws. Neutrons are the preferred probing radiation when material specificity is required, which is most often the case. Great strides have been made in neutron based inspection techniques. Fast and thermal neutrons, whether in steady state or in microsecond, or even nanosecond pulses are being employed to interrogate, at high speeds, for explosives, drugs, chemical agents, and nuclear and many other smuggled materials. Existing neutron techniques will be compared and their current status reported.

Law, policy and the use of non-physicians in family planning service delivery.

PubMed

Paxman, J M

1979-04-01

A great deal of attention is being devoted to the use of nonphysicians to provide such fertility control services as contraception, sterilization, and abortion. Legal obstacles exist, however, which must be overcome before the role of nonphysicians can be expanded. Such obstacles include medical practice statutes, nursing and midwifery legislation, and laws and regulations directly related to such fertility control measures as the provision of contraceptions and the performance of sterilizations. On the other hand, the following 3 main approaches have been used to permit increased participation of nonphysicians: delegation of tasks by physicians, liberal interpretation of existing laws, and authorization. Thus, the important elements in expanding the roles of nonphysicians are 1) authorization; 2) training; 3) qualification; 4) supervision; and 5) opportunities for referrals to physicians. The ultimate role of paramedicals will depend upon the continued simplification of technology, the results of research on the quality of care which they can provide, the attitudes of the medical profession, and the elimination of the legal ambiguities and obstacles which exist.

Challenges To Reducing Discrimination And Health Inequity Through Existing Civil Rights Laws.

PubMed

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

More than fifty years after the passage of the Civil Rights Act of 1964, health care for racial and ethnic minorities remains in many ways separate and unequal in the United States. Moreover, efforts to improve minority health care face challenges that differ from those confronted during de jure segregation. We review these challenges and examine whether stronger enforcement of existing civil rights legislation could help overcome them. We conclude that stronger enforcement of existing laws-for example, through executive orders to strengthen enforcement of the laws and congressional action to allow private individuals to bring lawsuits against providers who might have engaged in discrimination-would improve minority health care, but this approach is limited in what it can achieve. Complementary approaches outside the legal arena, such as quality improvement efforts and direct transfers of money to minority-serving providers-those seeing a disproportionate number of minority patients relative to their share of the population-might prove to be more effective. Project HOPE—The People-to-People Health Foundation, Inc.

The Role of Law-of-the-Wall and Roughness Scale in the Surface Stress Model for LES of the Rough-wall Boundary Layer

NASA Astrophysics Data System (ADS)

Brasseur, James; Paes, Paulo; Chamecki, Marcelo

2017-11-01

Large-eddy simulation (LES) of the high Reynolds number rough-wall boundary layer requires both a subfilter-scale model for the unresolved inertial term and a ``surface stress model'' (SSM) for space-time local surface momentum flux. Standard SSMs assume proportionality between the local surface shear stress vector and the local resolved-scale velocity vector at the first grid level. Because the proportionality coefficient incorporates a surface roughness scale z0 within a functional form taken from law-of-the-wall (LOTW), it is commonly stated that LOTW is ``assumed,'' and therefore ``forced'' on the LES. We show that this is not the case; the LOTW form is the ``drag law'' used to relate friction velocity to mean resolved velocity at the first grid level consistent with z0 as the height where mean velocity vanishes. Whereas standard SSMs do not force LOTW on the prediction, we show that parameterized roughness does not match ``true'' z0 when LOTW is not predicted, or does not exist. By extrapolating mean velocity, we show a serious mismatch between true z0 and parameterized z0 in the presence of a spurious ``overshoot'' in normalized mean velocity gradient. We shall discuss the source of the problem and its potential resolution.

Imaging ac losses in superconducting films via scanning Hall probe microscopy

NASA Astrophysics Data System (ADS)

Dinner, Rafael B.; Moler, Kathryn A.; Feldmann, D. Matthew; Beasley, M. R.

2007-04-01

Various local probes have been applied to understanding current flow through superconducting films, which are often surprisingly inhomogeneous. Here, we show that magnetic imaging allows quantitative reconstruction of both current density J and electric field E resolved in time and space in a film carrying subcritical ac current. Current reconstruction entails inversion of the Biot-Savart law, while electric fields are reconstructed using Faraday’s law. We describe the corresponding numerical procedures, largely adapting existing work to the case of a strip carrying ac current, but including other methods of obtaining the complete electric field from the inductive portion determined by Faraday’s law. We also delineate the physical requirements behind the mathematical transformations. We then apply the procedures to images of a strip of YBa2Cu3O7-δ carrying an ac current at 400Hz . Our scanning Hall probe microscope produces a time series of magnetic images of the strip with 1μm spatial resolution and 25μs time resolution. Combining the reconstructed J and E , we obtain a complete characterization including local critical current density, E-J curves, and power losses. This analysis has a range of applications from fundamental studies of vortex dynamics to practical coated conductor development.

Influence of Inertial, Visous and Capillary Effects on the Apical Behavior of Taylor Cone Formation in Liquid Metals

NASA Astrophysics Data System (ADS)

Albertson, Theodore; Troian, Sandra

Above a critical applied field strength, the surface of a liquid metal can deform into a conical shape whose apex can emit ions. The precursor shape and dynamics to that event have been debated for decades. In a landmark paper, Zubarev (2001) invoked potential flow theory to predict the existence of self-similar apical sharpening for the case of an ideal perfectly conducting liquid. He found that the Maxwell and capillary pressures at the cone tip scale in time as -2/3 upon approach to the singularity. In this talk, we examine the behavior of thin electrified microscale films placed in close proximity to a grounded planar counter electrode to probe how inertial and viscous forces, diminished or neglected in the original analysis, modify the power law exponents governing the apical self-similar regime. We employ finite element, moving mesh simulations to investigate these effects for low, intermediate and high electric Reynolds and capillary numbers. We confirm the robustness of the self-similar regime characterized by power law exponents despite the lack of potential flow - however, the power law exponents, no longer -2/3, assume values which depend on the choice of dimensionless numbers. TGA gratefully acknowledges support from a NASA Space Technology Research Fellowship.

Constitutive laws with damage effect for the human great saphenous vein.

PubMed

Li, Wenguang

2018-05-01

Strain energy-based constitutive laws with damage effect were proposed by using existing both uniaxial tensile test and tubular biaxial inflation test data on the human great saphenous vein (GSV) segments. These laws were applied into GSV coronary artery bypass grafts (CABG) by employing a thin-walled vessel model to evaluate their passive biomechanical performance under coronary artery physiological conditions at a fixed axial pre-stretch. At a peak systolic pressure in 100-150 mmHg, a 20-33% GSV diameter dilation was predicted with the law based on tubular biaxial inflation test data and agreed well with 25% dilation in clinical observation in comparison with as small as 2-4% dilation estimated with the law based on uniaxial tensile test data. The constitutive law generated by tubular biaxial inflation test data was mostly suitable for GSV CABG under coronary artery physiological conditions than that based on uniaxial tensile test results. With these laws, the fibre ultimate stretch was extracted from uniaxial tensile test data and the structural sub-failure/damage threshold of 1.0731 was decided for the human GSV. GSV fibres could exhibit damage effect but unlikely undergo a structure failure/break, suggesting a damage factor might exist during CABG arterialization. The damage in GSV tissue might initiate or contribute to early remodelling of CABG after implantation. Copyright © 2018 Elsevier Ltd. All rights reserved.

Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world.

PubMed

Nardodkar, Renuka; Pathare, Soumitra; Ventriglio, Antonio; Castaldelli-Maia, João; Javate, Kenneth R; Torales, Julio; Bhugra, Dinesh

2016-08-01

The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.

42 CFR 403.914 - Preemption of State laws.

Code of Federal Regulations, 2013 CFR

2013-10-01

... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

42 CFR 403.914 - Preemption of State laws.

Code of Federal Regulations, 2014 CFR

2014-10-01

... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

Finding a Balance: A Case Study Using Framing and Sensemaking Theory to Analyze the Implementation of Campus Carry Law at Four South Texas Community Colleges

ERIC Educational Resources Information Center

Ortega-Feerick, Diana

2017-01-01

The issue of guns and gun control is very complex especially since the passage of Campus Carry Law in the state of Texas. The purpose of this qualitative case study is to explore how decision-making administrators at four nonresidential community colleges in South Texas implemented Campus Carry Law. This study further seeks to examine how 10…

Fraying at the Edges: UK Surrogacy Law in 2015.

PubMed

Horsey, Kirsty

2016-11-01

This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK's law on surrogacy—in particular its provisions regarding eligibility for parental orders—is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.

Thermophysical properties of fluids: dynamic viscosity and thermal conductivity

NASA Astrophysics Data System (ADS)

Latini, G.

2017-11-01

Thermophysical properties of fluids strongly depend upon atomic and molecular structure, complex systems governed by physics laws providing the time evolution. Theoretically the knowledge of the initial position and velocity of each atom, of the interaction forces and of the boundary conditions, leads to the solution; actually this approach contains too many variables and it is generally impossible to obtain an acceptable solution. In many cases it is only possible to calculate or to measure some macroscopic properties of fluids (pressure, temperature, molar volume, heat capacities...). The ideal gas “law,” PV = nRT, was one of the first important correlations of properties and the deviations from this law for real gases were usefully proposed. Moreover the statistical mechanics leads for example to the “hard-sphere” model providing the link between the transport properties and the molecular size and speed of the molecules. Further approximations take into account the intermolecular interactions (the potential functions) which can be used to describe attractions and repulsions. In any case thermodynamics reduces experimental or theoretical efforts by relating one physical property to another: the Clausius-Clapeyron equation provides a classical example of this method and the PVT function must be known accurately. However, in spite of the useful developments in molecular theory and computers technology, often it is usual to search for physical properties when the existing theories are not reliable and experimental data are not available: the required value of the physical or thermophysical property must be estimated or predicted (very often estimation and prediction are improperly used as synonymous). In some cases empirical correlations are useful, if it is clearly defined the range of conditions on which they are based. This work is concerned with dynamic viscosity µ and thermal conductivity λ and is based on clear and important rules to be respected when a prediction or estimation method is proposed.

The Pattern of Indoor Smoking Restriction Law Transitions, 1970–2009: Laws Are Sticky

PubMed Central

Sanders-Jackson, Ashley; Gonzalez, Mariaelena; Zerbe, Brandon; Song, Anna V.

2013-01-01

Objectives. We examined the pattern of the passage of smoking laws across venues (government and private workplaces, restaurants, bars) and by strength (no law to 100% smoke-free). Methods. We conducted transition analyses of local and state smoking restrictions passed between 1970 and 2009, with data from the Americans for Nonsmokers’ Rights Ordinance Database. Results. Each decade, more laws were enacted, from 18 passed in the 1970s to 3172 in the first decade of this century, when 91% of existing state laws were passed. Most laws passed took states and localities from no law to some level of smoking restriction, and most new local (77%; 5148/6648) and state (73%; 115/158) laws passed in the study period did not change strength. Conclusions. Because these laws are “sticky”—once a law has passed, strength of the law and venues covered do not change often—policymakers and advocates should focus on passing strong laws the first time, rather than settling for less comprehensive laws with the hope of improving them in the future. PMID:23763408

12 CFR 563b.435 - What happens to my corporate existence after conversion?

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What happens to my corporate existence after... What happens to my corporate existence after conversion? Your corporate existence will continue following your conversion, unless you convert to a state-chartered stock savings association and state law...

5 CFR 175.102 - Requests for the declassification of documents.

Code of Federal Regulations, 2011 CFR

2011-01-01

... classified for national security purposes by the Civil Service Commission. The Office of Personnel Management... applicable law. (c) No OPM official will refuse to confirm the existence or non-existence of any document..., unless the fact of its existence or non-existence would itself be classifiable under the Executive order...

Increasing power-law range in avalanche amplitude and energy distributions

NASA Astrophysics Data System (ADS)

Navas-Portella, Víctor; Serra, Isabel; Corral, Álvaro; Vives, Eduard

2018-02-01

Power-law-type probability density functions spanning several orders of magnitude are found for different avalanche properties. We propose a methodology to overcome empirical constraints that limit the range of truncated power-law distributions. By considering catalogs of events that cover different observation windows, the maximum likelihood estimation of a global power-law exponent is computed. This methodology is applied to amplitude and energy distributions of acoustic emission avalanches in failure-under-compression experiments of a nanoporous silica glass, finding in some cases global exponents in an unprecedented broad range: 4.5 decades for amplitudes and 9.5 decades for energies. In the latter case, however, strict statistical analysis suggests experimental limitations might alter the power-law behavior.

Increasing power-law range in avalanche amplitude and energy distributions.

PubMed

Navas-Portella, Víctor; Serra, Isabel; Corral, Álvaro; Vives, Eduard

2018-02-01

Power-law-type probability density functions spanning several orders of magnitude are found for different avalanche properties. We propose a methodology to overcome empirical constraints that limit the range of truncated power-law distributions. By considering catalogs of events that cover different observation windows, the maximum likelihood estimation of a global power-law exponent is computed. This methodology is applied to amplitude and energy distributions of acoustic emission avalanches in failure-under-compression experiments of a nanoporous silica glass, finding in some cases global exponents in an unprecedented broad range: 4.5 decades for amplitudes and 9.5 decades for energies. In the latter case, however, strict statistical analysis suggests experimental limitations might alter the power-law behavior.

Does the law stymie the science? The role of law in achieving sustainable groundwater management

NASA Astrophysics Data System (ADS)

Allan, A.

2012-04-01

Legal frameworks for the management of groundwater evolved in an environment where scientific understanding of the resource was sketchy. As hydrogeological knowledge has improved over time, the law has often failed to catch up and enforcement of those laws that are in place has proved difficult. Consequently, groundwater in many countries is still managed by inadequate regimes that are unable to effectively integrate the impacts of land use management and surface water interactions. The Water Framework Directive and its associated Groundwater Directive require the integrated management of both ground and surface waters, but on a global level, this is unusual. Institutional frameworks often perpetuate this split, and the legal regime for the management of transboundary shared aquifers is a work in progress. Both national and international frameworks encourage a race to over-exploit groundwater resources. Symptomatic of the problems currently seen in groundwater management is a widespread inability to adapt to changing climate and environmental conditions. Users may be granted unchangeable rights of use in perpetuity, and the impacts of aquifer over-exploitation on dependent ecosystems may be ignored. There are therefore significant barriers to the application of existing science in many countries, and this seriously jeopardises efforts to sustainably manage groundwater. This presentation will assess current developments in the laws relating to the use of groundwater around the world, highlighting case studies from India, Australia and the USA, and assessing the implementation of the Groundwater Directive in selected European countries (in work derived from the EU-funded GENESIS project). It will also examine the legal architecture relating to international shared aquifers, and the extent to which it can cope with national groundwater use patterns that will shift in response to climate change and its consequences.

Law and Ethics for Practitioners in Counseling and Guidance.

ERIC Educational Resources Information Center

Hummel, Dean L.

1985-01-01

Addresses pertinent aspects of law and ethics as they relate to practitioners in counseling and guidance. Identifies major areas and cites cases that involve civil liability litigation. Also discusses the rights of minors in cases dealing with child abuse and abortion. (ML)

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

Law-based arguments and messages to advocate for later school start time policies in the United States.

PubMed

Lee, Clark J; Nolan, Dennis M; Lockley, Steven W; Pattison, Brent

2017-12-01

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how law-based arguments and messages can be constructed and applied to advocate for later school start time policies in US public secondary schools. The legal infrastructure impacting school start time policies in the United States is briefly reviewed, including descriptions of how government regulates education, what legal obligations school officials have concerning their students' welfare, and what laws and public policies currently exist that address adolescent sleep health and safety. On the basis of this legal infrastructure, some hypothetical examples of law-based arguments and messages that could be applied to various types of advocacy activities (eg, litigation, legislative and administrative advocacy, media and public outreach) to promote later school start times are discussed. Particular consideration is given to hypothetical arguments and messages aimed at emphasizing the consistency of later school start time policies with existing child welfare law and practices, legal responsibilities of school officials and governmental authorities, and societal values and norms. Copyright © 2017 National Sleep Foundation. Published by Elsevier Inc. All rights reserved.

Accelerated Seismic Release and Related Aspects of Seismicity Patterns on Earthquake Faults

NASA Astrophysics Data System (ADS)

Ben-Zion, Y.; Lyakhovsky, V.

Observational studies indicate that large earthquakes are sometimes preceded by phases of accelerated seismic release (ASR) characterized by cumulative Benioff strain following a power law time-to-failure relation with a term (tf-t)m, where tf is the failure time of the large event and observed values of m are close to 0.3. We discuss properties of ASR and related aspects of seismicity patterns associated with several theoretical frameworks. The subcritical crack growth approach developed to describe deformation on a crack prior to the occurrence of dynamic rupture predicts great variability and low asymptotic values of the exponent m that are not compatible with observed ASR phases. Statistical physics studies assuming that system-size failures in a deforming region correspond to critical phase transitions predict establishment of long-range correlations of dynamic variables and power-law statistics before large events. Using stress and earthquake histories simulated by the model of Ben-Zion (1996) for a discrete fault with quenched heterogeneities in a 3-D elastic half space, we show that large model earthquakes are associated with nonrepeating cyclical establishment and destruction of long-range stress correlations, accompanied by nonstationary cumulative Benioff strain release. We then analyze results associated with a regional lithospheric model consisting of a seismogenic upper crust governed by the damage rheology of Lyakhovskyet al. (1997) over a viscoelastic substrate. We demonstrate analytically for a simplified 1-D case that the employed damage rheology leads to a singular power-law equation for strain proportional to (tf-t)-1/3, and a nonsingular power-law relation for cumulative Benioff strain proportional to (tf-t)1/3. A simple approximate generalization of the latter for regional cumulative Benioff strain is obtained by adding to the result a linear function of time representing a stationary background release. To go beyond the analytical expectations, we examine results generated by various realizations of the regional lithospheric model producing seismicity following the characteristic frequency-size statistics, Gutenberg-Richter power-law distribution, and mode switching activity. We find that phases of ASR exist only when the seismicity preceding a given large event has broad frequency-size statistics. In such cases the simulated ASR phases can be fitted well by the singular analytical relation with m = -1/3, the nonsingular equation with m = 0.2, and the generalized version of the latter including a linear term with m = 1/3. The obtained good fits with all three relations highlight the difficulty of deriving reliable information on functional forms and parameter values from such data sets. The activation process in the simulated ASR phases is found to be accommodated both by increasing rates of moderate events and increasing average event size, with the former starting a few years earlier than the latter. The lack of ASR in portions of the seismicity not having broad frequency-size statistics may explain why some large earthquakes are preceded by ASR and other are not. The results suggest that observations of moderate and large events contain two complementary end-member predictive signals on the time of future large earthquakes. In portions of seismicity following the characteristic earthquake distribution, such information exists directly in the associated quasi-periodic temporal distribution of large events. In portions of seismicity having broad frequency-size statistics with random or clustered temporal distribution of large events, the ASR phases have predictive information. The extent to which natural seismicity may be understood in terms of these end-member cases remains to be clarified. Continuing studies of evolving stress and other dynamic variables in model calculations combined with advanced analyses of simulated and observed seismicity patterns may lead to improvements in existing forecasting strategies.

[Medical legal aspects of the requirement to report noise-induced hearing loss notified to INAIL to the judicial authorities].

PubMed

Salatin, Giuseppina; Mattia, C F; Morganti, M; Motta, Laura

2006-01-01

Law 689/81 redefined how personal lesions could be prosecuted by means of explicit mention of occupational diseases among the type of offences subject to mandatory reporting. The high prevalence of noise-induced hearing loss (NIHL) among occupational diseases has monopolized attention towards identification of a method that can define the penal limits of this occupational disease; however, up to now no single univocal approach exists. For this reason operators in this field are perplexed as to the requirement of reporting judicial authorities (J.A.). On the other hand, the great changes that have occurred in compensation of occupational diseases by INAIL (sentence 179/88 of the Constitutional Court) and the evaluation of the same in terms of biological impairment (Law D.Lgs. 38/00 and Law D.M. 12.7.00) have led to an ample and accurately assessed protection against, work-related hearing loss. From this perspective the authors analysed 52 cases of NIHL reported to INAIL. They compared the assessments made according to Law D.M. 12.7.00 and the guidelines for reporting to the J.A. according to four different methods generally used in the criminal field: Benciolini, Merluzzi, SIMLII guide lines and SIO guidelines. By stressing the need for a preliminary qualitative evaluation of NIHL in the penal report, the authors. restricted the analysis to the quantitative aspect with technically compatible graphs. Processing the data resulting from application of the different methods, led to the assumption that audiometric graphs that showed a percentage of biological impairment according to Law D.M. 12.7.00 higher than 2.40% must always be reported to the JA. For audiometric graphs that show impairment of less than 0.5% recommendations to report tare rather sporadic. For the graphs with intermediate values recommendations to report to the J.A, which are always present in at least one of the methods, are not constant, and in particular there is no linear correlation between the percent grading of biological impairment and the recommendation to report; this is probably due to a difference in concept of the various methods which reflects on the respective scale of values. On the basis of these results the authors suggest that reporting to the judicial authority can be recommended for all those cases whose quantification, according Marello's schedule, is higher than 0.5%, as these cases can, according to the penal code, supplement assessment of impairment.

Maximum cycle work output optimization for generalized radiative law Otto cycle engines

NASA Astrophysics Data System (ADS)

Xia, Shaojun; Chen, Lingen; Sun, Fengrui

2016-11-01

An Otto cycle internal combustion engine which includes thermal and friction losses is investigated by finite-time thermodynamics, and the optimization objective is the maximum cycle work output. The thermal energy transfer from the working substance to the cylinder inner wall follows the generalized radiative law (q∝Δ (Tn)). Under the condition that all of the fuel consumption, the compression ratio and the cycle period are given, the optimal piston trajectories for both the examples with unlimited and limited accelerations on every stroke are determined, and the cycle-period distribution among all strokes is also optimized. Numerical calculation results for the case of radiative law are provided and compared with those obtained for the cases of Newtonian law and linear phenomenological law. The results indicate that the optimal piston trajectory on each stroke contains three sections, which consist of an original maximum-acceleration and a terminal maximum-deceleration parts; for the case of radiative law, optimizing the piston motion path can achieve an improvement of more than 20% in both the cycle-work output and the second-law efficiency of the Otto cycle compared with the conventional near-sinusoidal operation, and heat transfer mechanisms have both qualitative and quantitative influences on the optimal paths of piston movements.

End-of-Life Decisions

MedlinePlus

... treatment is protected by the Constitution and case law. However, your state law may define when the living will goes into ... your state does not have a living will law, it is wise to put your wishes about ...

Voter model with non-Poissonian interevent intervals

NASA Astrophysics Data System (ADS)

Takaguchi, Taro; Masuda, Naoki

2011-09-01

Recent analysis of social communications among humans has revealed that the interval between interactions for a pair of individuals and for an individual often follows a long-tail distribution. We investigate the effect of such a non-Poissonian nature of human behavior on dynamics of opinion formation. We use a variant of the voter model and numerically compare the time to consensus of all the voters with different distributions of interevent intervals and different networks. Compared with the exponential distribution of interevent intervals (i.e., the standard voter model), the power-law distribution of interevent intervals slows down consensus on the ring. This is because of the memory effect; in the power-law case, the expected time until the next update event on a link is large if the link has not had an update event for a long time. On the complete graph, the consensus time in the power-law case is close to that in the exponential case. Regular graphs bridge these two results such that the slowing down of the consensus in the power-law case as compared to the exponential case is less pronounced as the degree increases.

Legalman/Legal Clerk Study Guide

DTIC Science & Technology

1996-01-01

law includes those laws passed or enacted by the various legislative bodies such as Congress or state legislatures. 2o These laws come from the...report the laws or cases within the jurisdiction of the legislative body that enacted the statute. For example, there is a federal statute which...statutes enacted by our Congress or other legislative bodies, or administrative law. 3. "Secondary Authority" is not "the law" itself but instead

China Report, Political, Sociological and Military Affairs PRC State Council Bulletin, No. 20, 10 Sep 1984

DTIC Science & Technology

1985-03-11

the following regulations did not exist to give tax exemptions, reductions, or reimbursments; A. " Income Tax Law for Chinese-Foreign Joint Ventures...in the PRC", Arts V and VI and "Detailed Rules for the Implementation of the Income Tax Law for Chinese-Foreign Joint Ventures in the PRC" Art III...B. Arts IV and V of the "PRC Income Tax Law for Foreign Companies": C. Any other special incentive measures adopted by the PRC in its laws after the

Energy Stable Flux Formulas For The Discontinuous Galerkin Discretization Of First Order Nonlinear Conservation Laws

NASA Technical Reports Server (NTRS)

Barth, Timothy; Charrier, Pierre; Mansour, Nagi N. (Technical Monitor)

2001-01-01

We consider the discontinuous Galerkin (DG) finite element discretization of first order systems of conservation laws derivable as moments of the kinetic Boltzmann equation. This includes well known conservation law systems such as the Euler For the class of first order nonlinear conservation laws equipped with an entropy extension, an energy analysis of the DG method for the Cauchy initial value problem is developed. Using this DG energy analysis, several new variants of existing numerical flux functions are derived and shown to be energy stable.

Social-ecological resilience and law

USGS Publications Warehouse

Garmestani, Ahjond S.; Allen, Craig R.

2014-01-01

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, “resilience theory,” which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

A Day at the Beach: A Multidisciplinary Business Law Case Study

ERIC Educational Resources Information Center

Rymsza, Leonard; Saunders, Kurt; Baum, Paul; Tontz, Richard

2010-01-01

This case study, written for use in a multidisciplinary course, exposes students to concepts in business law, economics, and statistics. The case is based upon a hypothetical scenario involving a young woman who, having spent a relaxing day at the beach, heads for home. On the drive home, a flip-flop she is wearing becomes lodged under the gas…

School Officials and the Courts: Update 2001. ERS Monograph.

ERIC Educational Resources Information Center

Thompson, David P.; Hartmeister, Fredric J.

This is the 22nd in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

School Officials and the Courts: Update 2002. ERS Monograph.

ERIC Educational Resources Information Center

Thompson, David P.; Hartmeister, Fredric J.

This is the 23rd in a series of yearly updates of judicial decision summaries for case law related to elementary- and secondary-education issues. One can use previous and future editions to track decisions on appeal or to spot trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

Legal issues in governing genetic biobanks: the Italian framework as a case study for the implications for citizen's health through public-private initiatives.

PubMed

Piciocchi, Cinzia; Ducato, Rossana; Martinelli, Lucia; Perra, Silvia; Tomasi, Marta; Zuddas, Carla; Mascalzoni, Deborah

2018-04-01

This paper outlines some of the challenges faced by regulation of genetic biobanking, using case studies coming from the Italian legal system. The governance of genetic resources in the context of genetic biobanks in Italy is discussed, as an example of the stratification of different inputs and rules: EU law, national law, orders made by authorities and soft law, which need to be integrated with ethical principles, technological strategies and solutions. After providing an overview of the Italian legal regulation of genetic data processing, it considers the fate of genetic material and IP rights in the event of a biobank's insolvency. To this end, it analyses two case studies: a controversial bankruptcy case which occurred in Sardinia, one of the first examples of private and public partnership biobanks. Another case study considered is the Chris project: an example of partnership between a research institute in Bolzano and the South Tyrolean Health System. Both cases seem to point in the same direction, suggesting expediency of promoting and improving public-private partnerships to manage biological tissues and biotrust to conciliate patent law and public interest.

Public Health Law Reform

PubMed Central

Gostin, Lawrence O.

2001-01-01

Public health law reform is necessary because existing statutes are outdated, contain multiple layers of regulation, and are inconsistent. A model law would define the mission and functions of public health agencies, provide a full range of flexible powers, specify clear criteria and procedures for activities, and provide protections for privacy and against discrimination. The law reform process provides an opportunity for public health agencies to draw attention to their resource needs and achievements and to form ties with constituency groups and enduring relations with the legislative branch of government. Ultimately, the law should become a catalyst, rather than an impediment, to reinvigorating the public health system. PMID:11527757

Public health law reform.

PubMed

Gostin, L O

2001-09-01

Public health law reform is necessary because existing statutes are outdated, contain multiple layers of regulation, and are inconsistent. A model law would define the mission and functions of public health agen cies, provide a full range of flexible powers, specify clear criteria and procedures for activities, and provide protections for privacy and against discrimination. The law reform process provides an opportunity for public health agencies to draw attention to their resource needs and achievements and to form ties with constituency groups and enduring relations with the legislative branch of government. Ultimately, the law should become a catalyst, rather than an impediment, to reinvigorating the public health system.

Summary of Existing Legislation Affecting People with Disabilities. [Revised.

ERIC Educational Resources Information Center

National Association of State Mental Retardation Program Directors, Alexandria, VA.

This publication provides a summary of relevant federal laws concerning the legal rights and benefits available to persons with disabilities. Relevant laws are divided into general subject areas, including education, employment, health, housing, income maintenance, nutrition, civil rights, social services, transportation, and vocational…

Classical defects in higher-dimensional Einstein gravity coupled to nonlinear σ -models

NASA Astrophysics Data System (ADS)

Prasetyo, Ilham; Ramadhan, Handhika S.

2017-09-01

We construct solutions of higher-dimensional Einstein gravity coupled to nonlinear σ -model with cosmological constant. The σ -model can be perceived as exterior configuration of a spontaneously-broken SO(D-1) global higher-codimensional "monopole". Here we allow the kinetic term of the σ -model to be noncanonical; in particular we specifically study a quadratic-power-law type. This is some possible higher-dimensional generalization of the Bariola-Vilenkin (BV) solutions with k-global monopole studied recently. The solutions can be perceived as the exterior solution of a black hole swallowing up noncanonical global defects. Even in the absence of comological constant its surrounding spacetime is asymptotically non-flat; it suffers from deficit solid angle. We discuss the corresponding horizons. For Λ >0 in 4 d there can exist three extremal conditions (the cold, ultracold, and Nariai black holes), while in higher-than-four dimensions the extremal black hole is only Nariai. For Λ <0 we only have black hole solutions with one horizon, save for the 4 d case where there can exist two horizons. We give constraints on the mass and the symmetry-breaking scale for the existence of all the extremal cases. In addition, we also obtain factorized solutions, whose topology is the direct product of two-dimensional spaces of constant curvature (M_2, dS_2, or AdS_2) with (D-2)-sphere. We study all possible factorized channels.

How do abused elderly persons and their adult protective services caseworkers view law enforcement involvement and criminal prosecution, and what impact do these views have on case processing?

PubMed

Jackson, Shelly L; Hafemeister, Thomas L

2013-01-01

This study examined law enforcement and prosecution involvement in 71 cases of elder abuse where pure financial exploitation (PFE), physical abuse (PA), neglect (Neglect), or hybrid financial exploitation (HFE) (financial exploitation co-occurring with physical abuse and/or neglect) occurred in a domestic setting. Victims of elder abuse and assigned Adult Protective Services (APS) caseworkers were systematically interviewed. Law enforcement officials were involved in 54% of the cases, and 18% of the cases were prosecuted. PA was significantly more likely to trigger a law enforcement response and to be prosecuted than Neglect or PFE. HFE involved prosecution for assault rather than financial exploitation. Generally, the victims of elder abuse were not receptive to criminal justice involvement, which appears to have a significant impact upon the level of this involvement. The reasons for this reluctance are discussed, as well as the challenges and limitations of criminal justice system involvement and related implications for policy and practice.

State funding for local public health: observations from six case studies.

PubMed

Potter, Margaret A; Fitzpatrick, Tiffany

2007-01-01

The purpose of this study is to describe state funding of local public health within the context of state public health system types. These types are based on administrative relationships, legal structures, and relative proportion of state funding in local public health budgets. We selected six states representing various types and geographic regions. A case study for each state summarized available information and was validated by state public health officials. An analysis of the case studies reveals that the variability of state public health systems--even within a given type--is matched by variability in approaches to funding local public health. Nevertheless, some meaningful associations appear. For example, higher proportions of state funding occur along with higher levels of state oversight and the existence of local service mandates in state law. These associations suggest topics for future research on public health financing in relation to local accountability, local input to state priority-setting, mandated local services, and the absence of state funds for public health services in some local jurisdictions.

Swarming Patterns in a Two-Dimensional Kinematic Model for Biological Groups

NASA Astrophysics Data System (ADS)

Topaz, Chad

2004-03-01

We construct a continuum model for the motion of biological organisms experiencing social interactions and study its pattern-forming behavior. The model takes the form of a conservation law in two spatial dimensions. Social interactions are modeled in the velocity term, which is nonlocal in the population density. The dynamics of the model may be uniquely decomposed into incompressible motion and potential motion. For the purely incompressible case, the model resembles that for fluid dynamical vortex patches. There exist solutions that have constant population density and compact support for all time. Numerical simulations produce rotating structures with circular cores and spiral arms, reminiscent of naturally observed swarms such as ant mills. For the purely potential case, the model resembles a nonlocal (forwards or backwards) porous media equation, describing aggregation or dispersion of the population. For the aggregative case, the population clumps into regions of high and low density with a predictable characteristic length scale that is confirmed by numerical simulations.

Psychology and psychiatry in Singapore courts: A baseline survey of the mental health landscape in the legal arena.

PubMed

Gwee, Kenji

Despite the increasing prevalence and involvement of mental health professionals in local courts, there has been no systematic study of the role played by these expert witnesses in Singapore courtrooms. An empirical study of all existing recorded cases on Lawnet (Singapore's legal database of all court trial cases) from 1975-2014 involving psychologists and psychiatrists was conducted. Results revealed that, not only were these mental health experts increasingly dotting the landscape of the legal arena, the variety of their contributions has also been gradually growing. Furthermore, there were marked differences across criminal, civil and custody cases with regards to the issues of how these experts were consulted and how their inputs utilized and appreciated by judges. Differences between psychology and psychiatry were also apparent. A future with more assistance rendered by these professions to courts, as well as greater synergy between law and mental health, was predicted for Singapore courts. Copyright © 2017 Elsevier Ltd. All rights reserved.

The Texas Advanced Directive Law: Unfinished Business.

PubMed

Kapottos, Michael; Youngner, Stuart

2015-01-01

The Texas Advance Directive Act allows physicians and hospitals to overrule patient or family requests for futile care. Purposefully not defining futility, the law leaves its determination in specific cases to an institutional process. While the law has received several criticisms, it does seem to work constructively in the cases that come to the review process. We introduce a new criticism: While the law has been justified by an appeal to professional values such as avoiding harm to patients, avoiding the provision of unseemly care, and good stewardship of medical resources, it is applied incompletely. It allows physicians and institutional committees to refuse "futile" treatments desired by patients and families while at the same time providing no way of regulating physicians who recommend or even push "futile" treatments in similar cases. In this sense, the TADA is incomplete on its own terms.

[The new law on strengthening the rights of victims of sexual abuse and its implications for the forensic-psychiatric assessment of sexual offenders].

PubMed

Bumb, Jan Malte; Foerster, Klaus; Dressing, Harald

2014-07-01

Highlighting practical implications and research aspects of forensic-psychiatric assessments in the context of the new law on strengthening the rights of victims of sexual abuse. Based on a clinical case we report implications for the forensic-psychiatric assessment. The new law now requires an expert to evaluate the necessity and the subject's motivation to receive a given treatment. Up to now, the majority of sexual offenders were assumed to be responsible for their actions and in most cases a forensic-psychiatric assessment was not required. For this reason, guidelines for forensic-psychiatric assessments are urgently needed. The number of forensic-psychiatric assessments is likely to increase substantially and a relevant-case law is still lacking. © Georg Thieme Verlag KG Stuttgart · New York.

Bankruptcy, product liability, and hazardous waste

DOE Office of Scientific and Technical Information (OSTI.GOV)

Sterrett, S.B. Jr.

Bankruptcy does not serve the goals underlying product liability and hazardous waste laws, which are to discourage accidents and to compensate accident victims. The author contends that changes in the existing priority scheme could improve the situation by encouraging corporation to improve their compliance with product liability and hazardous waste laws. He discusses the efficiency rationale of existing laws, then describes the theoretical rationales for the bankruptcy and secured credit systems. His Superpriority Proposal creates two beneficial effects by subordinating voluntary creditors to involuntary creditors: (1) it reduces the extent to which corporate debtors can externalize actual product costs basedmore » on their probability of insolvency, and (2) it provides incentives for voluntary creditors to monitor for debtor misconduct and corporate debtors to reassure and persuade creditors.« less

Changing the Order of Newton's Laws--Why & How the Third Law Should Be First

ERIC Educational Resources Information Center

Stocklmayer, Sue; Rayner, John P.; Gore, Michael M.

2012-01-01

Newton's laws are difficult both for teachers and students at all levels. This is still the case despite a long history of critique of the laws as presented in the classroom. For example, more than 50 years ago Eisenbud and Weinstock proposed reformulations of the laws that put them on a sounder, more logically consistent base than is presented in…

Government Contract Law (9th Edition)

DTIC Science & Technology

1987-04-01

This Ninth Edition, like its predecessors, will serve as the textbook for the Government Contract Law taught at the School of Systems and Logistics...drawn from Government Contract Law -Cases, 1987 edition, for a rounded approach to the subject. This edition of the text includes coverage of the...Government Contract Law complements the Federal Acquisition Regulation and provides a preventive law treatment for contracting personnel. While it may

[The contribution of jurisprudential comparative law to the drawing up of an international custom in life sciences: the example of the status of the embryo].

PubMed

Sprumont, Dominique; Roduit, Guillaume; Hertig Pea, Agnès

2006-01-01

While medicine has made remarkable progress over the last decades, its development has also raised numerous ethical and legal issues. In this context, the question arises as to what framework is needed for research, organ transplants, and medically assisted reproduction. A balance has to be found between scientific freedom, the imperatives of public health and the protection of people ' welfare, rights and human dignity. Those questions have led to the adoption of multiple national laws as well as ethical and legal norms at the international level. The judiciary is also often involved in settling legal issues raised in this context, long before the legislature manages to provide a legislative or regulatory framework. In this analysis of the role of the judges in bioethics, the present paper aims at offering a comparative view of case law in different countries (France, Germany, Switzerland and the United Kingdom) concerning the status of the embryo. In life sciences, the status of the embryo is at the heart of the debate as it determines the very notion of human life. The hypothesis suggested by the organisers of the workshop fbr which this paper has been prepared was that a custom was emerging from national cases related to this question. Our analysis concerning the status of the embryo does not confirm this hypothesis. On the contrary, courts are reluctant to take the place of the legislature in dealing with this delicate issue. Even when judges take novel positions on the protection of the embryo, we can notice a wide range of judicial solutions that raise a serious doubt about the actual existence of an international custom that could be binding in the various legal orders.

[The new law on radiation protection as a consequence of the EU safety standard of 2013].

PubMed

Layer, G

2017-07-01

The transformation of a European guideline (2013/59/Euratom) from 2013 into national law requires adaptation of the national statutory regulations. This year, all areas of protection from ionizing radiation will be subject to the new radiation protection law (StrlSchG). Through this, the German X‑ray and Radiation Protection Acts will be combined to form a higher level of authority. The main parts of the StrlSchG will receive a new classification and will be organized according to the exposure scenario: radiation protection in planned exposure scenarios, radiation protection in emergency exposure scenarios, radiation protection in existing exposure scenarios, and the regulation of overall exposure scenarios. The most important or modified regulated points for radiology are concerned with early recognition, where the application of X‑ray or nuclear radiation is permitted in principle under certain conditions; the consultation of medical physics experts in all diagnostic investigative procedures involving radiation and applications for radiological intervention that are linked to high doses in the person under investigation; teleradiology, another special case of the application of X‑rays in humans that requires approval, now with the "required" technical qualification in radiation protection, formerly with the "full" technical qualification, in addition to research, the simplified approval procedure being substituted with a notification procedure.Furthermore, in contrast to previous regulations, those tasked with radiation protection can contact the regulators directly in the case of conflict, which indicates considerable reinforcement of their authority.The only dose limit that will be considerably reduced is the organ-specific equivalent dose of the eye lens, where the highest value will be reduced from 150 to 20 mSv per year in those who are exposed to radiation professionally.

Tobacco-Free Pharmacy Laws and Trends in Tobacco Retailer Density in California and Massachusetts.

PubMed

Jin, Yue; Lu, Bo; Klein, Elizabeth G; Berman, Micah; Foraker, Randi E; Ferketich, Amy K

2016-04-01

To examine the impact of local laws prohibiting tobacco sales in pharmacies in California and Massachusetts, the only 2 US states in which such municipal laws exist. We analyzed longitudinally the tobacco retailer density at the city level from tobacco retailer license data in California (2005-2013) and Massachusetts (2004-2014). After adjustments, the reduction in tobacco retailer density over time was 1.44 (95% confidence interval [CI] = 1.37, 1.51) to 3.18 (95% CI = 1.11, 5.25) times greater in cities with a tobacco-free pharmacy law than in cities without such a law. Tobacco-free pharmacy laws are associated with a greater reduction in tobacco retailer density over time in California and Massachusetts.

Get Kids Interested in the Law before the Law Gets Interested in Them.

ERIC Educational Resources Information Center

Thomas, R. Murray; Murray, Paul V.

1983-01-01

Many children do not know enough about the law to make wise judgments about their behavior. Educational strategies for teaching about lawbreaking and its consequences are presented. Six laws commonly broken by young people are described, first in legal terms and then stated more simply. Case histories follow. (PP)

Law and American Education: A Case Brief Approach. Third Edition

ERIC Educational Resources Information Center

Palestini, Robert; Falk, Karen Palestini

2012-01-01

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

47 CFR 0.341 - Authority of administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-10-01

... another administrative law judge, all motions, petitions and other pleadings shall be acted upon by such... his own motion. (c) Any question which would be acted upon by the Chief Administrative Law Judge or... his own motion, to the Chief Administrative Law Judge, or the Commission, as the case may be. (d) In...

A surety engineering framework to reduce cognitive systems risks.

DOE Office of Scientific and Technical Information (OSTI.GOV)

Caudell, Thomas P.; Peercy, David Eugene; Caldera, Eva O.

Cognitive science research investigates the advancement of human cognition and neuroscience capabilities. Addressing risks associated with these advancements can counter potential program failures, legal and ethical issues, constraints to scientific research, and product vulnerabilities. Survey results, focus group discussions, cognitive science experts, and surety researchers concur technical risks exist that could impact cognitive science research in areas such as medicine, privacy, human enhancement, law and policy, military applications, and national security (SAND2006-6895). This SAND report documents a surety engineering framework and a process for identifying cognitive system technical, ethical, legal and societal risks and applying appropriate surety methods to reducemore » such risks. The framework consists of several models: Specification, Design, Evaluation, Risk, and Maturity. Two detailed case studies are included to illustrate the use of the process and framework. Several Appendices provide detailed information on existing cognitive system architectures; ethical, legal, and societal risk research; surety methods and technologies; and educing information research with a case study vignette. The process and framework provide a model for how cognitive systems research and full-scale product development can apply surety engineering to reduce perceived and actual risks.« less

Collaborating for Health: Health in All Policies and the Law.

PubMed

Pepin, Dawn; Winig, Benjamin D; Carr, Derek; Jacobson, Peter D

2017-03-01

This article introduces and defines the Health in All Policies (HiAP) concept and examines existing state legislation, with a focus on California. The article starts with an overview of HiAP and then analyzes the status of HiAP legislation, specifically addressing variations across states. Finally, the article describes California's HiAP approach and discusses how communities can apply a HiAP framework not only to improve health outcomes and advance health equity, but also to counteract existing laws and policies that contribute to health inequities.

Experiments and scaling laws for catastrophic collisions. [of asteroids

NASA Technical Reports Server (NTRS)

Fujiwara, A.; Cerroni, P.; Davis, D.; Ryan, E.; Di Martino, M.

1989-01-01

The existing data on shattering impacts are reviewed using natural silicate, ice, and cement-mortar targets. A comprehensive data base containing the most important parameters describing these experiments was prepared. The collisional energy needed to shatter consolidated homogeneous targets and the ensuing fragment size distributions have been well studied experimentally. However, major gaps exist in the data on fragment velocity and rotational distributions, as well as collisional energy partitioning for these targets. Current scaling laws lead to predicted outcomes of asteroid collisions that are inconsistent with interpretations of astronomical data.

Police accident report forms: safety device coding and enacted laws.

PubMed

Brock, K; Lapidus, G

2008-12-01

Safety device coding on state police accident report (PAR) forms was compared with provisions in state traffic safety laws. PAR forms were obtained from all 50 states and the District of Columbia (states/DC). For seat belts, 22 states/DC had a primary seat belt enforcement law vs 50 with a PAR code. For car seats, all 51 states/DC had a law and a PAR code. For booster seats, 39 states/DC had a law vs nine with a PAR code. For motorcycle helmets, 21 states/DC had an all-age rider helmet law and another 26 a partial-age law vs 50 with a PAR code. For bicycle helmets, 21 states/DC had a partial-age rider helmet law vs 48 with a PAR code. Therefore gaps in the ability of states to fully record accident data reflective of existing state traffic safety laws are revealed. Revising the PAR forms in all states to include complete variables for safety devices should be an important priority, independent of the laws.

The trespasses of property law.

PubMed

Wall, Jesse

2014-01-01

The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

Compliance with minimum price and legal age for cigarette purchase laws: evidence from NYC in advance of raising purchase age to 21.

PubMed

Silver, Diana; Bae, Jin Yung; Jimenez, Geronimo; Macinko, James

2016-05-01

New York City (NYC) raised the minimum purchase age for cigarettes from 18 to 21 on 1 August 2014. The new law is intended to decrease current smoking rates and smoking initiation among the city's youth. Assessment of compliance with existing cigarette sales and tax laws could aid in determining what may be needed for successful implementation of the city's new law. To assess compliance with minimum sales price and purchase age laws in NYC, before change in law. Ten trained field investigators purchased cigarettes from different types of retailers throughout all five NYC boroughs, resulting in 421 purchases. Investigators noted whether they were asked for identification and the price of their purchase. Multivariable logistic and Ordinary Least Squares regression techniques were used to assess predictors of retailer compliance with sales price and minimum purchase age laws. In 29% of purchases, investigators did not have to produce identification (p<0.05) to purchase cigarettes. Only 3.1% of sales were at prices lower than the minimum sales price. City borough was significantly associated with purchase without identification (p<0.001) and mean sales price (p<0.024). Vendor type (independent vs chain) was significantly related to investigators being able to purchase cigarettes without identification (p<0.001). Variation in compliance with existing laws suggests that more active monitoring of compliance with the new minimum legal purchase age will be required in order to realise the new law's public health potential. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

28 CFR 68.6 - Service and filing of documents.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Section 68.6 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF... until an Administrative Law Judge is assigned to a case. Thereafter, all pleadings shall be delivered or...

“They Arrested Me for Loving a Schoolgirl”: Ethnography, HIV, and A Feminist Assessment of the Age of Consent Law as a Gender-based Structural Intervention in Uganda

PubMed Central

Parikh, Shanti A.

2011-01-01

In 1990 women’s rights activists in Uganda successfully lobbied to amend the Defilement Law, raising the age of sexual consent for adolescent females from fourteen to eighteen years old and increasing the maximum sentence to death by hanging. The amendment can be considered a macro-level intervention designed to address the social and health inequalities affecting young women and girls, particularly their disproportionately high rate of HIV as compared to their male counterparts. While the intention of the law and aggressive campaign was to prosecute “sugar daddies” and “pedophiles,” the average age of men charged with defilement was twenty-one years old and many were believe to be “boyfriends” in consensual sexual liaisons with the alleged victims. This article uses court records, case studies, and longitudinal ethnographic data gathered in central-eastern Uganda to examine the impact of the age of consent law at national and local levels, and specifically what the disjunctures between national intentions and local uses reveal about conflicting views about the sexual privilege and rights. I argue that existing class, gender, and age hierarchies have shaped how the Defilement Law has been applied locally, such that despite the stated aim of “protecting” young women, the law reinstates patriarchal privilege (especially against men of lower social class) while simultaneously increasing the regulation of adolescent female sexuality and undermining their autonomy. This paper demonstrates how ethnography and gender theory—which emphasizes the intersectionality of gender, age, and class in the (re)production of inequalities—can be used to examine consequences of macro-level interventions in ways that may be undetected in conventional public health evaluation techniques but that are crucial for designing and modifying effective interventions. PMID:21824700

"They arrested me for loving a schoolgirl": ethnography, HIV, and a feminist assessment of the age of consent law as a gender-based structural intervention in Uganda.

PubMed

Parikh, Shanti A

2012-06-01

In 1990 women's rights activists in Uganda successfully lobbied to amend the Defilement Law, raising the age of sexual consent for adolescent females from fourteen to eighteen years old and increasing the maximum sentence to death by hanging. The amendment can be considered a macro-level intervention designed to address the social and health inequalities affecting young women and girls, particularly their disproportionately high rate of HIV as compared to their male counterparts. While the intention of the law and aggressive campaign was to prosecute "sugar daddies" and "pedophiles," the average age of men charged with defilement was twenty-one years old and many were believe to be "boyfriends" in consensual sexual liaisons with the alleged victims. This article uses court records, case studies, and longitudinal ethnographic data gathered in east-central Uganda to examine the impact of the age of consent law at national and local levels, and specifically what the disjunctures between national intentions and local uses reveal about conflicting views about sexual privilege and rights. I argue that existing class, gender, and age hierarchies have shaped how the Defilement Law has been applied locally, such that despite the stated aim of "protecting" young women, the law reinstates patriarchal privilege (especially against men of lower social class) while simultaneously increasing the regulation of adolescent female sexuality and undermining their autonomy. This paper demonstrates how ethnography and critical gender theory-which emphasizes the intersectionality of gender, age, and class in the (re)production of inequalities-can be used to examine consequences of macro-level interventions in ways that may be undetected in conventional public health evaluation techniques but that are crucial for designing and modifying effective interventions. Copyright © 2011 Elsevier Ltd. All rights reserved.

Summary of Existing Legislation Affecting Persons with Disabilities.

ERIC Educational Resources Information Center

Office of Special Education and Rehabilitation Services (ED), Washington, DC. Clearinghouse on the Handicapped.

Summaries are presented of more than 60 key federal laws pertaining to the legal rights and benefits available to persons with disabilities. The laws are organized into general subject areas, including: education, employment, health, housing, income maintenance, nutrition, rights, social services, transportation, and vocational rehabilitation. The…

Dyslexia Laws in the USA

ERIC Educational Resources Information Center

Youman, Martha; Mather, Nancy

2013-01-01

Throughout the various states of the USA, the appropriate identification of dyslexia and the timely provision of interventions are characterized by variability and inconsistency. Several states have recognized the existence of this disorder and the well-established need for services. These states have taken proactive steps to implement laws and…

New State Forest Practice Laws. A review of state laws and their natural resource data requirements

NASA Technical Reports Server (NTRS)

Klein, S. B.

1980-01-01

Forest practice regulations can be established by being specified in state law or by being promulgated by some other official body delegated the authority to do so. At the state level, public regulation of private forest practices resulted in many cases, in the enactment of state forest practice laws regulating both private, and in some cases, public landowner activities. These laws aim not only to protect natural environments, but also to encourage continuous productivity of forest lands, to maintain or enhance aesthetic values, and to serve as an implementing mechanism to control water pollution. Profiles of regulations in California, Idaho, Maine, Nevada, New Hampshire, Oregon, and Washington are examined and assessed. Voluntary guidelines in use in 18 states are summarized.

Health and safety and the Human Rights Act 1998.

PubMed

Tearle, P

2001-03-01

The Human Rights Act 1998 came into effect on 2 October 2000. The list of human rights now embodied in United Kingdom law reflects the ideas and values of our changing and developing society. As a dynamic document the act has parallels with the ideals found in health and safety law. This article looks at the act and considers its implications for employers with regard to existing health and safety law.

The Uniformed and Overseas Citizens Absentee Voting Act: Background and Issues

DTIC Science & Technology

2007-03-08

Order Code RS20764 Updated March 8, 2007 The Uniformed and Overseas Citizens Absentee Voting Act: Background and Issues Kevin J. Coleman Analyst in...register and vote absentee in federal elections under the provisions of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986. The law was...enacted to improve absentee registration and voting for this group of voters and to consolidate existing laws. Since 1942, several federal laws have

Toward instructional design principles: Inducing Faraday's law with contrasting cases

NASA Astrophysics Data System (ADS)

Kuo, Eric; Wieman, Carl E.

2016-06-01

Although physics education research (PER) has improved instructional practices, there are not agreed upon principles for designing effective instructional materials. Here, we illustrate how close comparison of instructional materials could support the development of such principles. Specifically, in discussion sections of a large, introductory physics course, a pair of studies compare two instructional strategies for teaching a physics concept: having students (i) explain a set of contrasting cases or (ii) apply and build on previously learned concepts. We compare these strategies for the teaching of Faraday's law, showing that explaining a set of related contrasting cases not only improves student performance on Faraday's law questions over building on a previously learned concept (i.e., Lorentz force), but also prepares students to better learn subsequent topics, such as Lenz's law. These differences persist to the final exam. We argue that early exposure to contrasting cases better focuses student attention on a key feature related to both concepts: change in magnetic flux. Importantly, the benefits of contrasting cases for both learning and enjoyment are enhanced for students who did not first attend a Faraday's law lecture, consistent with previous research suggesting that being told a solution can circumvent the benefits of its discovery. These studies illustrate an experimental approach for understanding how the structure of activities affects learning and performance outcomes, a first step toward design principles for effective instructional materials.

Dietary supplement labeling and advertising claims: are clinical studies on the full product required?

PubMed

Villafranco, John E; Bond, Katie

2009-01-01

Whether labeling and advertising claims for multi-ingredient dietary supplements may be based on the testing of individual, key ingredients--rather than the actual product--has caused a good deal of confusion. This confusion stems from the dearth of case law and the open-endedness of Federal Trade Commission (FTC) and Food and Drug Administration (FDA) guidance on this issue. Nevertheless, the relevant regulatory guidance, case law and self-regulatory case law--when assessed together--indicate that the law allows and even protects "key ingredient claims" (i.e., claims based on efficacy testing of key ingredients in the absence of full product testing). This article provides an overview of the relevant substantiation requirements for dietary supplement claims and then reviews FTC's and FDA's guidance on key ingredient claims; relevant case law; use of key ingredient claims in the advertising of other consumer products; and the National Advertising Division of the Better Business Bureau, Inc.'s (NAD's) approach to evaluating key ingredient claims for dietary supplements. This article concludes that key ingredient claims--provided they are presented in a truthful and non-deceptive manner--are permissible, and should be upheld in litigation and cases subject to industry self-regulation. This article further concludes that the NAD's approach to key ingredient claims provides practical guidance for crafting and substantiating dietary supplement key ingredient claims.

Case Studies of Predictive Analysis Applications in Law Enforcement

DTIC Science & Technology

2015-12-01

analysis to crime problems to be considered effective. To test this hypothesis, case studies were conducted on municipal police departments in the...Forecasting in Law Enforcement Operations. 6 Vlahos, “The Department of Pre -Crime.” 4 studies were conducted on municipal police departments in the... case studies are described and recommendations for future research , as well as recommendations for police executives considering an investment in

Sexual Harassment: The Current State of the Law Governing Educational Institutions.

ERIC Educational Resources Information Center

Wetherfield, Alison

1990-01-01

Surveys federal law prohibiting sexual harassment as it applies to colleges. Concludes that sexual harassment law is still evolving, pursuing and defending harassment cases are traumatic activities, and that prevention is better than cure. (ABL)

Chemotaxis migration and morphogenesis of living colonies.

PubMed

Ben Amar, Martine

2013-06-01

Development of forms in living organisms is complex and fascinating. Morphogenetic theories that investigate these shapes range from discrete to continuous models, from the variational elasticity to time-dependent fluid approach. Here a mixture model is chosen to describe the mass transport in a morphogenetic gradient: it gives a mathematical description of a mixture involving several constituents in mechanical interactions. This model, which is highly flexible can incorporate many biological processes but also complex interactions between cells as well as between cells and their environment. We use this model to derive a free-boundary problem easier to handle analytically. We solve it in the simplest geometry: an infinite linear front advancing with a constant velocity. In all the cases investigated here as the 3 D diffusion, the increase of mitotic activity at the border, nonlinear laws for the uptake of morphogens or for the mobility coefficient, a planar front exists above a critical threshold for the mobility coefficient but it becomes unstable just above the threshold at long wavelengths due to the existence of a Goldstone mode. This explains why sparsely bacteria exhibit dendritic patterns experimentally in opposition to other colonies such as biofilms and epithelia which are more compact. In the most unstable situation, where all the laws: diffusion, chemotaxis driving and chemoattractant uptake are linear, we show also that the system can recover a dynamic stability. A second threshold for the mobility exists which has a lower value as the ratio between diffusion coefficients decreases. Within the framework of this model where the biomass is treated mainly as a viscous and diffusive fluid, we show that the multiplicity of independent parameters in real biologic experimental set-up may explain varieties of observed patterns.

45 CFR 152.39 - Maintenance of effort.

Code of Federal Regulations, 2010 CFR

2010-10-01

...-EXISTING CONDITION INSURANCE PLAN PROGRAM Relationship to Existing Laws and Programs § 152.39 Maintenance... the contract is entered. (b) Failure to maintain efforts. In situations where a State enters into a..., against any State that fails to maintain funding levels for existing State high risk pools as required...

The "Creation-Science" Case and Pro Bono Publico.

ERIC Educational Resources Information Center

Kerr, Peggy L.

1982-01-01

Describes contributions and efforts of New York law firm (Skadden, Arps, Slate, Meagher, Flom) personnel in developing plaintiff's case in McLean v. Arkansas 590 (balanced treatment of creationism/evolution). Discusses aspects of "Pro Bono Publico" (unpaid public interest service) endeavors in general and those related to this law firm in…

Laws and Court Cases Related to Field Trips.

ERIC Educational Resources Information Center

DuVall, Charles R.; Krepel, Wayne J.

1978-01-01

Briefly discusses the results of a survey of the superintendent of public instruction, office of the attorney general, the education association, the school boards association, and the teacher union in each state to identify state laws and court cases on, and to solicit comments about, teacher responsibility on field trips. (IRT)

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 4 2012-07-01 2011-07-01 true Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 4 2011-07-01 2011-07-01 false Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 4 2013-07-01 2013-07-01 false Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 4 2014-07-01 2013-07-01 true Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

A Genetic Algorithm for UAV Routing Integrated with a Parallel Swarm Simulation

DTIC Science & Technology

2005-03-01

Metrics. 2.3.5.1 Amdahl’s, Gustafson-Barsis’s, and Sun-Ni’s Laws . At the heart of parallel computing is the ratio of communication time to...parallel execution. Three ‘ laws ’ in particular are of interest with regard to this ratio: Amdahl’s Law , the Gustafson-Barsis’s Law , and Sun-Ni’s Law ...Amdahl’s Law makes the case for fixed size speedup. This conjecture states that speedup saturates and efficiency drops as a consequence of holding the

5 CFR 550.1110 - Debt collection centers.

Code of Federal Regulations, 2010 CFR

2010-01-01

... of a creditor agency for the purpose of making determinations regarding the existence or amount of... hearing on the existence or amount of the debt or the repayment schedule by an administrative law judge or...

Governmental Immunity: Legal Basis and Implications for Public Education.

ERIC Educational Resources Information Center

Connors, Eugene T.

The concept of sovereign immunity in English law originated in both early canon law and the feudal system, became formalized in case law under King Henry II, and as the royal prerogative, became established into statutory law under King Henry VIII. This concept of governmental immunity was adopted by the states when the union was founded. The case…

[Treasury Law Enforcement School. Course 14. "Evidence." Student Guide, Text, and Handout.

ERIC Educational Resources Information Center

Department of the Treasury, Washington, DC. Consolidated Law Enforcement Training Center.

This packet of three booklets, which includes a student guide, textbook, and handbook, is illustrative of other booklets available from the Treasury Law Enforcement School designed for training law enforcement officers in Federal law. The material in this course, related primarily to criminal cases, focuses on presenting evidence to the court to…

Legal Considerations Regarding Merit Pay Systems.

ERIC Educational Resources Information Center

Twomey, Rosemarie Feuerbach

This paper examines how a merit-pay award may lead to employer liability under the following types of laws: constitutional (federal and state); federal and state statutory law; and the common or case law handed down by the federal and state court judges. First, several court decisions are presented to indicate the status of the law as it is likely…

26 CFR 301.7623-1 - Rewards for information relating to violations of internal revenue laws.

Code of Federal Regulations, 2010 CFR

2010-04-01

... of internal revenue laws. 301.7623-1 Section 301.7623-1 Internal Revenue INTERNAL REVENUE SERVICE... to violations of internal revenue laws. (a) In general. In cases where rewards are not otherwise provided for by law, a district or service center director may approve a reward, in a suitable amount, for...

Legislative Analysis of the Federal Role in Indian Education.

ERIC Educational Resources Information Center

Deloria, Vine, Jr.

Legislation pertaining to American Indian affairs is highly dependent upon the events and movements of history. No purified legal theory such as contract law or the law of damages emerges from the field of Indian law. While some of the legal theory must come from the ratified treaties, statutes, and case law defining the relationship of the United…

An Interdisciplinary Approach to Teaching International Law: Using the Tools of the Law School Classroom in Political Science

ERIC Educational Resources Information Center

Zartner, Dana

2009-01-01

As the world has grown more interconnected, many political science programs have added courses on international law, international organizations, the laws of war and peace, international human rights, and comparative judicial politics. While in many cases these are relatively new offerings within international studies, all of these subjects have…

Anisotropic magnetotail equilibrium and convection

DOE Office of Scientific and Technical Information (OSTI.GOV)

Hau, L.N.

This paper reports on self-consistent two-dimensional equilibria with anisotropic plasma pressure for the Earth's magnetotail. These configurations are obtained by numerically solving the generalized Grad-Shafranov equation, describing anisotropic plasmas with p[parallel] [ne] p[perpendicular], including the Earth's dipolar field. Consistency between these new equilibria and the assumption of steady-state, sunward convection, described by the double-adiabatic laws, is examined. As for the case of isotropic pressure [Erickson and Wolf, 1980], there exists a discrepancy between typical quite-time magnetic field models and the assumption of steady-state double-adiabatic lossless plasma sheet convection. However, unlike that case, this inconsistency cannot be removed by the presencemore » of a weak equatorial normal magnetic field strength in the near tail region: magnetic field configurations of this type produce unreasonably large pressure anisotropies, p[parallel] > p[perpendicular], in the plasma sheet. 16 refs., 5 figs.« less

ESHRE Task Force on Ethics and Law 11: Posthumous assisted reproduction.

PubMed

Pennings, G; de Wert, G; Shenfield, F; Cohen, J; Devroey, P; Tarlatzis, B

2006-12-01

This article analyses the different ethical aspects of posthumous assisted reproduction. Two situations are distinguished: cases in which the gametes or embryos are used by the surviving partner and cases in which the gametes or embryos are made available for third persons. The moral evaluation of the procedure depends on whether the act is restricted to the existing parental project. A major difficulty for the moral evaluation is the inconclusiveness of the empirical data on the psychosocial development of children born after this procedure. The Task Force concluded that posthumous reproduction by a partner is acceptable if the following conditions are met: written consent has been given by the deceased person, the partner received extensive counselling and a minimum waiting period of 1 year is imposed before a treatment can be started. For use by third parties, the usual conditions for gamete and embryo donation apply.

To envision a new particle or change an existing law? Hypothesis formation and anomaly resolution for the curious case of the β decay spectrum

NASA Astrophysics Data System (ADS)

Gauderis, Tjerk

2014-02-01

This paper addresses the question of how scientists determine which type of hypothesis is most suitable for tackling a particular problem by examining the historical case of the anomalous β spectrum in early nuclear physics (1927-1934), a puzzle that occasioned the most diverse hypotheses amongst physicists at the time. It is shown that such determinations are most often implicitly informed by scientists' individual perspectives on the structural relations between the various elements of the theory and the problem at hand. In addition to this main result, it is suggested that Wolfgang Pauli's neutrino idea may well have been an adaptation of Ernst Rutherford's original and older neutron idea, which would provide evidence that the adaptation of older ideas is a more common practice than is often thought.

Percolation bounds for decoding thresholds with correlated erasures in quantum LDPC codes

NASA Astrophysics Data System (ADS)

Hamilton, Kathleen; Pryadko, Leonid

Correlations between errors can dramatically affect decoding thresholds, in some cases eliminating the threshold altogether. We analyze the existence of a threshold for quantum low-density parity-check (LDPC) codes in the case of correlated erasures. When erasures are positively correlated, the corresponding multi-variate Bernoulli distribution can be modeled in terms of cluster errors, where qubits in clusters of various size can be marked all at once. In a code family with distance scaling as a power law of the code length, erasures can be always corrected below percolation on a qubit adjacency graph associated with the code. We bound this correlated percolation transition by weighted (uncorrelated) percolation on a specially constructed cluster connectivity graph, and apply our recent results to construct several bounds for the latter. This research was supported in part by the NSF Grant PHY-1416578 and by the ARO Grant W911NF-14-1-0272.

Ethics consultation on demand: concepts, practical experiences and a case study.

PubMed

Reiter-Theil, S

2000-06-01

Despite the increasing interest in clinical ethics, ethics consultation as a professional service is still rare in Europe. In this paper I refer to examples in the United States. In Germany, university hospitals and medical faculties are still hesitant about establishing yet another "committee". One of the reasons for this hesitation lies in the ignorance that exists here about how to provide medical ethics services; another reason is that medical ethics itself is not yet institutionalised at many German universities. The most important obstacle, however, may be that medical ethics has not yet demonstrated its relevance to the needs of those caring for patients. The Centre for Ethics and Law, Freiburg, has therefore taken a different approach from that offered elsewhere: clinical ethics consultation is offered on demand, the consultation being available to clinician(s) in different forms. This paper describes our experiences with this approach; practical issues are illustrated by a case study.

An Improved Correlation between Impression and Uniaxial Creep

DOE Office of Scientific and Technical Information (OSTI.GOV)

Hsueh, Chun-Hway; Miranda, Pedro; Becher, Paul F

2006-01-01

A semiempirical correlation between impression and uniaxial creep has been established by Hyde et al. [Int. J. Mech. Sci. 35, 451 (1993) ] using finite element results for materials exhibiting general power-law creep with the stress exponent n in the range 2 {<=} n {<=} 15. Here, we derive the closed-form solution for a special case of viscoelastic materials, i.e., n = 1, subjected to impression creep and obtain the exact correlation between impression and uniaxial creep. This analytical solution serves as a checkpoint for the finite element results. We then perform finite element analyses for the general case tomore » derive a semiempirical correlation, which agrees well with both analytical viscoelastic results and the existing experimental data. Our improved correlation agrees with the correlation of Hyde et al. for n {>=} 4, and the difference increases with decreasing n for n<4.« less

In Mexico, abortion rights strictly for the books.

PubMed

Farmer, A

2000-06-01

This paper characterizes the Mexican abortion laws using the case of a girl aged 14 years, Paulina Ramirez Jacinta, who was raped, became pregnant, and chose to terminate the unwanted pregnancy, yet was denied an abortion. This case clearly showed that Mexican abortion law, despite its legality, is highly restrictive in nature and, in a way, violated the human rights of Paulina. Even though it permits first-trimester abortion procedures for rape victims or women whose lives are endangered by the pregnancy, many pregnant women still resort to illegal abortion. To further aggravate the restrictive nature of the law, Baja California state Rep. Martin Dominguez Rocha made a proposal to eliminate the rape exception in the state's penal code. The case of Paulina will be handled by the lawyers at the Center for Reproductive Law and Policy in order to arrive at a settlement favorable to Paulina.

2×2 systems of conservation laws with L data

NASA Astrophysics Data System (ADS)

Bianchini, Stefano; Colombo, Rinaldo M.; Monti, Francesca

Consider a hyperbolic system of conservation laws with genuinely nonlinear characteristic fields. We extend the classical Glimm-Lax (1970) result [13, Theorem 5.1] proving the existence of solutions for L initial datum, relaxing the assumptions taken therein on the geometry of the shock-rarefaction curves.

43 CFR 3823.4 - Withdrawal from operation of the mining laws.

Code of Federal Regulations, 2012 CFR

2012-10-01

... MINING LAWS Prospecting, Mineral Locations, and Mineral Patents Within National Forest Wilderness § 3823... valid rights then existing, the minerals in lands within National Forest Wilderness are withdrawn from... 43 Public Lands: Interior 2 2012-10-01 2012-10-01 false Withdrawal from operation of the mining...

43 CFR 3823.4 - Withdrawal from operation of the mining laws.

Code of Federal Regulations, 2014 CFR

2014-10-01

... MINING LAWS Prospecting, Mineral Locations, and Mineral Patents Within National Forest Wilderness § 3823... valid rights then existing, the minerals in lands within National Forest Wilderness are withdrawn from... 43 Public Lands: Interior 2 2014-10-01 2014-10-01 false Withdrawal from operation of the mining...

43 CFR 3823.4 - Withdrawal from operation of the mining laws.

Code of Federal Regulations, 2013 CFR

2013-10-01

... MINING LAWS Prospecting, Mineral Locations, and Mineral Patents Within National Forest Wilderness § 3823... valid rights then existing, the minerals in lands within National Forest Wilderness are withdrawn from... 43 Public Lands: Interior 2 2013-10-01 2013-10-01 false Withdrawal from operation of the mining...

43 CFR 3823.4 - Withdrawal from operation of the mining laws.

Code of Federal Regulations, 2011 CFR

2011-10-01

... MINING LAWS Prospecting, Mineral Locations, and Mineral Patents Within National Forest Wilderness § 3823... valid rights then existing, the minerals in lands within National Forest Wilderness are withdrawn from... 43 Public Lands: Interior 2 2011-10-01 2011-10-01 false Withdrawal from operation of the mining...

Truth in Testing: Arguments Examined.

ERIC Educational Resources Information Center

Burns, Daniel J.

1981-01-01

Costs and benefits of New York's Truth-in-Testing law are reviewed and related to constitutional issues and fairness to test-makers as well as test-takers. Besides matters of cost and test question availability, challenges to the legislation also involve issues of due process, equal protection, and infringement of existing copyright laws. (MSE)

Law-Related Education and Delinquency Prevention. ERIC Digest.

ERIC Educational Resources Information Center

Parrini, Michelle

Evidence from research/evaluation studies indicates that the principles underlying law-related education (LRE) programs address the factors that put youth at risk for delinquency. Although rigorous evaluations of LRE are limited, what evidence exists suggests that LRE has potential to prevent delinquency and problem behavior. This digest…