Medical Malpractice Reform and Employer-Sponsored Health Insurance Premiums

PubMed Central

Morrisey, Michael A; Kilgore, Meredith L; Nelson, Leonard (Jack)

2008-01-01

Objective Tort reform may affect health insurance premiums both by reducing medical malpractice premiums and by reducing the extent of defensive medicine. The objective of this study is to estimate the effects of noneconomic damage caps on the premiums for employer-sponsored health insurance. Data Sources/Study Setting Employer premium data and plan/establishment characteristics were obtained from the 1999 through 2004 Kaiser/HRET Employer Health Insurance Surveys. Damage caps were obtained and dated based on state annotated codes, statutes, and judicial decisions. Study Design Fixed effects regression models were run to estimate the effects of the size of inflation-adjusted damage caps on the weighted average single premiums. Data Collection/Extraction Methods State tort reform laws were identified using Westlaw, LEXIS, and statutory compilations. Legislative repeal and amendment of statutes and court decisions resulting in the overturning or repealing state statutes were also identified using LEXIS. Principal Findings Using a variety of empirical specifications, there was no statistically significant evidence that noneconomic damage caps exerted any meaningful influence on the cost of employer-sponsored health insurance. Conclusions The findings suggest that tort reforms have not translated into insurance savings. PMID:18522666

25 CFR 11.108 - How are tribal ordinances affected by this part?

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false How are tribal ordinances affected by this part? 11.108 Section 11.108 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.108 How are tribal ordinances affected by...

25 CFR 11.108 - How are tribal ordinances affected by this part?

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false How are tribal ordinances affected by this part? 11.108 Section 11.108 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.108 How are tribal ordinances affected by...

25 CFR 11.108 - How are tribal ordinances affected by this part?

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true How are tribal ordinances affected by this part? 11.108 Section 11.108 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.108 How are tribal ordinances affected by...

25 CFR 11.108 - How are tribal ordinances affected by this part?

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false How are tribal ordinances affected by this part? 11.108 Section 11.108 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.108 How are tribal ordinances affected by...

TIME-DEPENDENT MULTI-GROUP MULTI-DIMENSIONAL RELATIVISTIC RADIATIVE TRANSFER CODE BASED ON SPHERICAL HARMONIC DISCRETE ORDINATE METHOD

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

Tominaga, Nozomu; Shibata, Sanshiro; Blinnikov, Sergei I., E-mail: tominaga@konan-u.ac.jp, E-mail: sshibata@post.kek.jp, E-mail: Sergei.Blinnikov@itep.ru

We develop a time-dependent, multi-group, multi-dimensional relativistic radiative transfer code, which is required to numerically investigate radiation from relativistic fluids that are involved in, e.g., gamma-ray bursts and active galactic nuclei. The code is based on the spherical harmonic discrete ordinate method (SHDOM) which evaluates a source function including anisotropic scattering in spherical harmonics and implicitly solves the static radiative transfer equation with ray tracing in discrete ordinates. We implement treatments of time dependence, multi-frequency bins, Lorentz transformation, and elastic Thomson and inelastic Compton scattering to the publicly available SHDOM code. Our code adopts a mixed-frame approach; the source functionmore » is evaluated in the comoving frame, whereas the radiative transfer equation is solved in the laboratory frame. This implementation is validated using various test problems and comparisons with the results from a relativistic Monte Carlo code. These validations confirm that the code correctly calculates the intensity and its evolution in the computational domain. The code enables us to obtain an Eddington tensor that relates the first and third moments of intensity (energy density and radiation pressure) and is frequently used as a closure relation in radiation hydrodynamics calculations.« less

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

Haghighat, A.; Sjoden, G.E.; Wagner, J.C.

In the past 10 yr, the Penn State Transport Theory Group (PSTTG) has concentrated its efforts on developing accurate and efficient particle transport codes to address increasing needs for efficient and accurate simulation of nuclear systems. The PSTTG's efforts have primarily focused on shielding applications that are generally treated using multigroup, multidimensional, discrete ordinates (S{sub n}) deterministic and/or statistical Monte Carlo methods. The difficulty with the existing public codes is that they require significant (impractical) computation time for simulation of complex three-dimensional (3-D) problems. For the S{sub n} codes, the large memory requirements are handled through the use of scratchmore » files (i.e., read-from and write-to-disk) that significantly increases the necessary execution time. Further, the lack of flexible features and/or utilities for preparing input and processing output makes these codes difficult to use. The Monte Carlo method becomes impractical because variance reduction (VR) methods have to be used, and normally determination of the necessary parameters for the VR methods is very difficult and time consuming for a complex 3-D problem. For the deterministic method, the authors have developed the 3-D parallel PENTRAN (Parallel Environment Neutral-particle TRANsport) code system that, in addition to a parallel 3-D S{sub n} solver, includes pre- and postprocessing utilities. PENTRAN provides for full phase-space decomposition, memory partitioning, and parallel input/output to provide the capability of solving large problems in a relatively short time. Besides having a modular parallel structure, PENTRAN has several unique new formulations and features that are necessary for achieving high parallel performance. For the Monte Carlo method, the major difficulty currently facing most users is the selection of an effective VR method and its associated parameters. For complex problems, generally, this process is very time consuming and may be complicated due to the possibility of biasing the results. In an attempt to eliminate this problem, the authors have developed the A{sup 3}MCNP (automated adjoint accelerated MCNP) code that automatically prepares parameters for source and transport biasing within a weight-window VR approach based on the S{sub n} adjoint function. A{sup 3}MCNP prepares the necessary input files for performing multigroup, 3-D adjoint S{sub n} calculations using TORT.« less

The Principal and Tort Liability.

ERIC Educational Resources Information Center

Stern, Ralph D.

The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

Outdoor Lighting Ordinances

NASA Astrophysics Data System (ADS)

Davis, S.

2004-05-01

A principal means to prevent poor exterior lighting practices is a lighting control ordinance. It is an enforceable legal restriction on specific lighting practices that are deemed unacceptable by the government body having jurisdiction. Outdoor lighting codes have proven to be effective at reducing polluting and trespassing light. A well written exterior lighting code will permit all forms of necessary illumination at reasonable intensities, but will demand shielding and other measures to prevent trespass and light pollution. A good code will also apply to all forms of outdoor lighting, including streets, highways, and exterior signs, as well as the lighting on dwellings, commercial and industrial buildings and building sites. A good code can make exceptions for special uses, provided it complies with an effective standard. The IDA Model Lighting Ordinance is a response to these requests. It is intended as an aid to communities that are seeking to take control of their outdoor lighting, to "take back the night" that is being lost to careless and excessive use of night lighting.

Benchmark measurements and calculations of a 3-dimensional neutron streaming experiment

NASA Astrophysics Data System (ADS)

Barnett, D. A., Jr.

1991-02-01

An experimental assembly known as the Dog-Legged Void assembly was constructed to measure the effect of neutron streaming in iron and void regions. The primary purpose of the measurements was to provide benchmark data against which various neutron transport calculation tools could be compared. The measurements included neutron flux spectra at four places and integral measurements at two places in the iron streaming path as well as integral measurements along several axial traverses. These data have been used in the verification of Oak Ridge National Laboratory's three-dimensional discrete ordinates code, TORT. For a base case calculation using one-half inch mesh spacing, finite difference spatial differencing, an S(sub 16) quadrature and P(sub 1) cross sections in the MUFT multigroup structure, the calculated solution agreed to within 18 percent with the spectral measurements and to within 24 percent of the integral measurements. Variations on the base case using a fewgroup energy structure and P(sub 1) and P(sub 3) cross sections showed similar agreement. Calculations using a linear nodal spatial differencing scheme and fewgroup cross sections also showed similar agreement. For the same mesh size, the nodal method was seen to require 2.2 times as much CPU time as the finite difference method. A nodal calculation using a typical mesh spacing of 2 inches, which had approximately 32 times fewer mesh cells than the base case, agreed with the measurements to within 34 percent and yet required on 8 percent of the CPU time.

Verification of Three Dimensional Triangular Prismatic Discrete Ordinates Transport Code ENSEMBLE-TRIZ by Comparison with Monte Carlo Code GMVP

NASA Astrophysics Data System (ADS)

Homma, Yuto; Moriwaki, Hiroyuki; Ohki, Shigeo; Ikeda, Kazumi

2014-06-01

This paper deals with verification of three dimensional triangular prismatic discrete ordinates transport calculation code ENSEMBLE-TRIZ by comparison with multi-group Monte Carlo calculation code GMVP in a large fast breeder reactor. The reactor is a 750 MWe electric power sodium cooled reactor. Nuclear characteristics are calculated at beginning of cycle of an initial core and at beginning and end of cycle of equilibrium core. According to the calculations, the differences between the two methodologies are smaller than 0.0002 Δk in the multi-plication factor, relatively about 1% in the control rod reactivity, and 1% in the sodium void reactivity.

24 CFR 941.203 - Design and construction standards.

Code of Federal Regulations, 2013 CFR

2013-04-01

... national building code, such as Uniform Building Code, Council of American Building Officials Code, or Building Officials Conference of America Code; (2) Applicable State and local laws, codes, ordinances, and... intended to serve. Building design and construction shall strive to encourage in residents a proprietary...

24 CFR 941.203 - Design and construction standards.

Code of Federal Regulations, 2012 CFR

2012-04-01

... national building code, such as Uniform Building Code, Council of American Building Officials Code, or Building Officials Conference of America Code; (2) Applicable State and local laws, codes, ordinances, and... intended to serve. Building design and construction shall strive to encourage in residents a proprietary...

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

The purpose of tort law is to offer remedies to individuals for harm that resulted from the unreasonable conduct of others. This chapter examines those cases reported during 1989 that involved tort claims within the school context. Tort cases discussed in this chapter are organized under the following sections: (1) negligence in regard to…

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines court cases reported during 1987 of tort claims involving school officials, employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. The most common tort alleged to have been committed by school personnel is negligence. Most negligence suits…

Tort Law and the Civil Jury.

ERIC Educational Resources Information Center

Pittman, Keith A.

1997-01-01

Briefly reviews the historical developments of tort law and identifies some of its main component. Tort law concerns wrongful acts (not involving a breach of contract) that may result in a civil action. Major areas include personal injury and wrongful death, intentional torts, negligence, professional malpractice, misrepresentation, and libel.…

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports cases decided during 1981 that involved some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. The cases are organized according to the particular type of tort involved.…

Building code compliance and enforcement: The experience of San Francisco's residential energy conservation ordinance and California's building standards for new construction

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

Vine, E.

1990-11-01

As part of Lawrence Berkeley Laboratory's (LBL) technical assistance to the Sustainable City Project, compliance and enforcement activities related to local and state building codes for existing and new construction were evaluated in two case studies. The analysis of the City of San Francisco's Residential Energy Conservation Ordinance (RECO) showed that a limited, prescriptive energy conservation ordinance for existing residential construction can be enforced relatively easily with little administrative costs, and that compliance with such ordinances can be quite high. Compliance with the code was facilitated by extensive publicity, an informed public concerned with the cost of energy and knowledgeablemore » about energy efficiency, the threat of punishment (Order of Abatement), the use of private inspectors, and training workshops for City and private inspectors. The analysis of California's Title 24 Standards for new residential and commercial construction showed that enforcement of this type of code for many climate zones is more complex and requires extensive administrative support for education and training of inspectors, architects, engineers, and builders. Under this code, prescriptive and performance approaches for compliance are permitted, resulting in the demand for alternative methods of enforcement: technical assistance, plan review, field inspection, and computer analysis. In contrast to existing to construction, building design and new materials and construction practices are of critical importance in new construction, creating a need for extensive technical assistance and extensive interaction between enforcement personnel and the building community. Compliance problems associated with building design and installation did occur in both residential and nonresidential buildings. 12 refs., 5 tabs.« less

Torts

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines cases reported during 1988 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Negligence is the most common tort alleged to have been committed by school personnel. In the area of products liability, the largest…

32 CFR 536.85 - Claims payable under the Federal Tort Claims Act.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false Claims payable under the Federal Tort Claims Act... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Claims Cognizable Under the Federal Tort Claims Act § 536.85 Claims payable under the Federal Tort Claims Act. (a) Unless otherwise prescribed, claims for...

Teaching about Tort Law--My Actions, My Actions, Somebody Got Hurt!

ERIC Educational Resources Information Center

Rose, Stephen A.

1997-01-01

Presents a lesson plan that uses cases to teach students about three types of torts: intentional wrongs, negligence, and strict liability. Torts are wrongful actions (not involving a breech of contract) that may result in a civic action. Includes lesson procedures, objectives, and student handouts on torts and negligence cases. (MJP)

Tort reform is associated with more medical board complaints and disciplinary actions.

PubMed

Stewart, Ronald M; Love, Joseph D; Rocheleau, Lisa A; Sirinek, Kenneth R

2012-04-01

Previous reports have confirmed that comprehensive tort reform in Texas (enacted in 2003) was associated with fewer lawsuits and less litigation-associated cost. We hypothesized that complaints to the Texas Medical Board (TMB) increased after tort reform. To test this hypothesis, we compared complaints, investigations, disciplinary actions, and penalties against physicians before and after comprehensive state tort reform measures were adopted. Data were obtained from the TMB for a 15-year period (1996 to 2010). When comparing the period before tort reform (1996 to 2002) with the period after tort reform (2004 to 2010), TMB complaints increased 13%; investigations opened increased 33%, disciplinary actions increased 96%, license revocations or surrenders increased 47%, and financial penalties increased 367%. All of these increases were statistically significant (p ≤ 0.01). After tort reform in Texas, the total number of complaints, investigations, disciplinary decisions, license revocations or surrenders, and financial penalties from the TMB significantly increased. In Texas, tort reform was accompanied by legislatively directed, enhanced oversight and activity of the authority (TMB) charged with regulation of the medical profession. Copyright © 2012. Published by Elsevier Inc.

Pain and suffering disability index.

PubMed

Brown, Melissa M; Brown, Gary C; Brown, Heidi; Sharma, Sanjay; Wagner, Thomas; Kraushar, Marvin

2006-06-01

This report summarizes the increasing financial resources required to deal with personal injury tort cases and medical malpractice. The largest single component in personal injury torts is noneconomic damages, which encompasses 'pain and suffering' and punitive damage, the latter of which comprises only a small percentage. Overall, noneconomic damages account for 24% of the greater than US$250 billion spent annually on personal injury torts. A pain and suffering disability index has been developed that quantifies the loss of life's value attributable to personal injury. Based upon time-tradeoff utility analysis, the value loss is predicated upon the values of people who have experienced the same degree of disability or injury as the plaintiff, only outside the courtroom environs. It is believed that the pain and suffering disability index will readily identify frivolous, personal injury torts, decrease the number of frivolous, personal injury torts, markedly decrease the variance of noneconomic tort settlements, facilitate the earlier settlement of personal injury tort cases, and decrease the proportion of personal injury tort cases progressing to jury trial. The pain and suffering disability index is a novel instrument that quantifies the 'pain and suffering' associated with a personal injury tort according to the values of patients who have experienced a similar injury outside the courtroom environs.

A Numerical Investigation of the Extinction of Low Strain Rate Diffusion Flames by an Agent in Microgravity

NASA Technical Reports Server (NTRS)

Puri, Ishwar K.

2004-01-01

Our goal has been to investigate the influence of both dilution and radiation on the extinction process of nonpremixed flames at low strain rates. Simulations have been performed by using a counterflow code and three radiation models have been included in it, namely, the optically thin, the narrowband, and discrete ordinate models. The counterflow flame code OPPDIFF was modified to account for heat transfer losses by radiation from the hot gases. The discrete ordinate method (DOM) approximation was first suggested by Chandrasekhar for solving problems in interstellar atmospheres. Carlson and Lathrop developed the method for solving multi-dimensional problem in neutron transport. Only recently has the method received attention in the field of heat transfer. Due to the applicability of the discrete ordinate method for thermal radiation problems involving flames, the narrowband code RADCAL was modified to calculate the radiative properties of the gases. A non-premixed counterflow flame was simulated with the discrete ordinate method for radiative emissions. In comparison with two other models, it was found that the heat losses were comparable with the optically thin and simple narrowband model. The optically thin model had the highest heat losses followed by the DOM model and the narrow-band model.

Spatial coding of ordinal information in short- and long-term memory.

PubMed

Ginsburg, Véronique; Gevers, Wim

2015-01-01

The processing of numerical information induces a spatial response bias: Faster responses to small numbers with the left hand and faster responses to large numbers with the right hand. Most theories agree that long-term representations underlie this so called SNARC effect (Spatial Numerical Association of Response Codes; Dehaene et al., 1993). However, a spatial response bias was also observed with the activation of temporary position-space associations in working memory (ordinal position effect; van Dijck and Fias, 2011). Items belonging to the beginning of a memorized sequence are responded to faster with the left hand side while items at the end of the sequence are responded to faster with the right hand side. The theoretical possibility was put forward that the SNARC effect is an instance of the ordinal position effect, with the empirical consequence that the SNARC effect and the ordinal position effect cannot be observed simultaneously. In two experiments we falsify this claim by demonstrating that the SNARC effect and the ordinal position effect are not mutually exclusive. Consequently, this suggests that the SNARC effect and the ordinal position effect result from the activation of different representations. We conclude that spatial response biases can result from the activation of both pre-existing positions in long-term memory and from temporary space associations in working memory at the same time.

Tort Liability of School Districts, Officers, and Employees.

ERIC Educational Resources Information Center

Lenaghan, James M.

A tort is a civil wrong not based on a contractual obligation and which results in injury to a person. In a tort action, the injured party can collect from whomever injured him. This chapter, one of seven in the 1973 Yearbook of School Law, reports those court opinions that deal directly with tort liability of school districts, officers, and…

A Deep Penetration Problem Calculation Using AETIUS:An Easy Modeling Discrete Ordinates Transport Code UsIng Unstructured Tetrahedral Mesh, Shared Memory Parallel

NASA Astrophysics Data System (ADS)

KIM, Jong Woon; LEE, Young-Ouk

2017-09-01

As computing power gets better and better, computer codes that use a deterministic method seem to be less useful than those using the Monte Carlo method. In addition, users do not like to think about space, angles, and energy discretization for deterministic codes. However, a deterministic method is still powerful in that we can obtain a solution of the flux throughout the problem, particularly as when particles can barely penetrate, such as in a deep penetration problem with small detection volumes. Recently, a new state-of-the-art discrete-ordinates code, ATTILA, was developed and has been widely used in several applications. ATTILA provides the capabilities to solve geometrically complex 3-D transport problems by using an unstructured tetrahedral mesh. Since 2009, we have been developing our own code by benchmarking ATTILA. AETIUS is a discrete ordinates code that uses an unstructured tetrahedral mesh such as ATTILA. For pre- and post- processing, Gmsh is used to generate an unstructured tetrahedral mesh by importing a CAD file (*.step) and visualizing the calculation results of AETIUS. Using a CAD tool, the geometry can be modeled very easily. In this paper, we describe a brief overview of AETIUS and provide numerical results from both AETIUS and a Monte Carlo code, MCNP5, in a deep penetration problem with small detection volumes. The results demonstrate the effectiveness and efficiency of AETIUS for such calculations.

The relationship between tort reform and medical utilization.

PubMed

Kavanagh, Kevin T; Calderon, Lindsay E; Saman, Daniel M

2014-12-01

The hidden cost of defensive medicine has been cited by policymakers as a significant driving force in the increase of our nation's health-care costs. If this hypothesis is correct, one would expect that states with higher levels of tort reform will have a decrease in Medicare utilization and that medical utilization will decrease after tort reform is enacted. State-level reimbursement data for years 1999 to 2010 (the last year available) was obtained from the Dartmouth Atlas of Health Care. Medical tort rankings for the 50 states were obtained from the Pacific Research Institute (PRI) and correlated with state medical utilization for the year 2010. In 3 states, Mississippi, Nevada, and Texas, data were available to make pretort and posttort reform comparisons. Data analysis between total state Medicare Reimbursements and the PRI's tort rankings showed no significant observed correlation. In 6 Medicare utilization categories (total Medicare, hospital and skilled nursing facility, physician, home health agency, hospice, and durable medical equipment), a negative trend was observed when correlated with PRI tort rankings. This trend does not support the hypothesis that defensive medicine is a major driver of health-care expenditures. Tracking expenditures in the states of Texas, Nevada, and Mississippi, before and after passage of comprehensive medical tort reform gave inconsistent results and did not demonstrate substantial or meaningful total Medicare savings. In Mississippi, there was a trend of decreased expenditures after medical tort reform was passed. However, in Texas, where 80% of the analyzed enrollees resided, there was a trend of progressive increasing expenditures after tort reform was passed. The comparison of the Dartmouth Atlas Medicare Reimbursement Data with Malpractice Reform State Rankings, which are used by the PRI, did not support the hypothesis that defensive medicine is a driver of rising health-care costs. Additionally, comparing Medicare reimbursements, premedical and postmedical tort reform, we found no consistent effect on health-care expenditures. Together, these data indicate that medical tort reform seems to have little to no effect on overall Medicare cost savings.

76 FR 77549 - Colorado River Indian Tribes-Amendment to Health & Safety Code, Article 2. Liquor

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-13

... Health & Safety Code, Article 2. Liquor AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice publishes the amendment to the Colorado River Tribal Health and Safety Code, Article... Code, Article 2, Liquor by Ordinance No. 10-03 on December 13, 2010. This notice is published in...

28 CFR 36.601 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.601... means a State law or local building code or similar ordinance, or part thereof, that establishes... designee. Certification of equivalency means a final certification that a code meets or exceeds the minimum...

28 CFR 36.601 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.601... means a State law or local building code or similar ordinance, or part thereof, that establishes... designee. Certification of equivalency means a final certification that a code meets or exceeds the minimum...

28 CFR 36.601 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.601... means a State law or local building code or similar ordinance, or part thereof, that establishes... designee. Certification of equivalency means a final certification that a code meets or exceeds the minimum...

29 CFR 100.401 - Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury or death. 100.401 Section 100.401 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD ADMINISTRATIVE REGULATIONS Claims Under the Federal Tort Claims Act § 100.401 Claims under the Federal Tort...

Torts.

ERIC Educational Resources Information Center

McCarthy, Martha M.

During 1978, cases pertaining to pupil injuries (mainly involving athletics) and employee injuries under workmen's compensation laws continued to dominate tort litigation in the educational sphere. Several noteworthy cases, however, were rendered in the emerging areas of educational malpractice and constitutional torts. The cases discussed are…

Tort and the Teacher: Some Considerations.

ERIC Educational Resources Information Center

Hammes, Richard P.

1979-01-01

This article provides teachers with an overview on tort liability as it applies to their profession, especially in relation to student injuries. Such legal concepts as tort, negligence, and in loco parentis are discussed and guidelines are drawn from selected court cases. (SJL)

20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

Code of Federal Regulations, 2012 CFR

2012-04-01

... under the Tort Claims Act? Yes, Students are considered Federal employees for purposes of the Tort... sent to the Associate Solicitor for Employee Benefits, U.S. Department of Labor, 200 Constitution...

20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

Code of Federal Regulations, 2011 CFR

2011-04-01

... the Tort Claims Act? Yes, Students are considered Federal employees for purposes of the Tort Claims... sent to the Associate Solicitor for Employee Benefits, U.S. Department of Labor, 200 Constitution...

Relationship between tort claims and patient incident reports in the Veterans Health Administration

PubMed Central

Schmidek, J; Weeks, W

2005-01-01

Objective: The Veterans Health Administration's patient incident reporting system was established to obtain comprehensive data on adverse events that affect patients and to act as a harbinger for risk management. It maintains a dataset of tort claims that are made against Veterans Administration's employees acting within the scope of employment. In an effort to understand the thoroughness of reporting, we examined the relationship between tort claims and patient incident reports (PIRs). Methods: Using social security and record numbers, we matched 8260 tort claims and 32 207 PIRs from fiscal years 1993–2000. Tort claims and PIRs were considered to be related if the recorded dates of incident were within 1 month of each other. Descriptive statistics, odds ratios, and two sample t tests with unequal variances were used to determine the relationship between PIRs and tort claims. Results: 4.15% of claims had a related PIR. Claim payment (either settlement or judgment for plaintiff) was more likely when associated with a PIR (OR 3.62; 95% CI 2.87 to 4.60). Payment was most likely for medication errors (OR 8.37; 95% CI 2.05 to 73.25) and least likely for suicides (OR 0.25; 95% CI 0.11 to 0.55). Conclusions: Although few tort claims had a related PIR, if a PIR was present the tort claim was more likely to result in a payment; moreover, the payment was likely to be higher. Underreporting of patient incidents that developed into tort claims was evident. Our findings suggest that, in the Veterans Health Administration, there is a higher propensity to both report and settle PIRs with bad outcomes. PMID:15805457

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

Decisions made by federal and state courts during 1983 concerning the liability of schools, school districts, school boards, or school employees in tort cases are reported in this chapter. Torts are civil causes of action based on noncontractual legal responsibilities that individuals have to avoid harming or injuring another's person, property,…

Tort liability : a handbook for employees of the Virginia Department of Transportation and Virginia municipal corporations, June 2004.

DOT National Transportation Integrated Search

2004-01-01

Court decisions concerning state government liability, as well as VDOT's continuing commitment to safety, have made tort liability an increasingly important concern. In response, the Virginia Transportation Research Council has published a tort liabi...

Tort Liability of School Districts, Officers, and Employees

ERIC Educational Resources Information Center

Knowles, Laurence

1972-01-01

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

The impact of tort reform and quality improvements on medical liability claims: a tale of 2 States.

PubMed

Illingworth, Kenneth D; Shaha, Steven H; Tzeng, Tony H; Sinha, Michael S; Saleh, Khaled J

2015-05-01

The purpose of this study was to determine the effect of tort reform and quality improvement measures on medical liability claims in 2 groups of hospitals within the same multihospital organization: one in Texas, which implemented medical liability tort reform caps on noneconomic damages in 2003, and one in Louisiana, which did not undergo significant tort reform during the same time period. Significant reduction in medical liability claims per quarter in Texas was found after tort reform implementation (7.27 to 1.4; P<.05). A significant correlation was found between the increase in mean Centers for Medicare & Medicaid Services performance score and the decrease in the frequency of claims observed in Louisiana (P<.05). Although tort reform caps on noneconomic damages in Texas caused the largest initial decrease, increasing quality improvement measures without increasing financial burden also decreased liability claims in Louisiana. Uniquely, this study showed that increasing patient quality resulted in decreased medical liability claims. © 2014 by the American College of Medical Quality.

Health care reform 2010: a fresh view on tort reform.

PubMed

Stimson, C J; Dmochowski, Roger; Penson, David F

2010-11-01

We reviewed the state of medical malpractice tort reform in the context of a new political climate and the current debate over comprehensive health care reform. Specifically we asked whether medical malpractice tort reform is necessary, and evaluated the strengths and weaknesses of contemporary reform proposals. The medical, legal and public policy literature related to medical malpractice tort reform was reviewed and synthesized. We include a primer for understanding the current structure of medical malpractice law, identify the goals of the current system and analyze whether these goals are presently being met. Finally, we describe and evaluate the strengths and weaknesses of the current reform proposals including caps on damages, safe harbors and health care courts. Medical malpractice tort law is designed to improve health care quality and appropriately compensate patients for medical malpractice injuries, but is failing on both fronts. Of the 3 proposed remedies, caps on damages do little to advance the quality and compensatory goals, while safe harbors and health care courts represent important advancements in tort reform. Tort reform should be included in the current health policy debate because the current medical malpractice system is not adequately achieving the basic goals of tort law. While safe harbors and health care courts both represent reasonable remedies, health care courts may be preferred because they do not rely on jury determination in the absence of strong medical evidence. Copyright © 2010 American Urological Association Education and Research, Inc. Published by Elsevier Inc. All rights reserved.

Tort Liability That May Attach to Intellectual Property Licensing.

ERIC Educational Resources Information Center

Norris, William R.

1979-01-01

Examined are elements that complicate the relationship between tort law and intellectual property licensing (patents): governmental regulation of products, legal standards, the evolution of tort doctrine, international law and practice, trademark, technology and patent licensing. Available from P.O. Box 2600, Arlington, VA 22202. (MSE)

Understanding Tort Liability and Its Relationship to Extension Professionals.

ERIC Educational Resources Information Center

Long, Norman D.; And Others

This study focuses on tort liability and its relationship to extension professionals working with 4-H programs. Tort liability as related to extension professionals consists of ten components: due care, physical defects (inspection of premises), instruction and supervision, first aid and medical treatment, foreseeability, causation, defamation,…

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

The author notes that this chapter deals generally with torts in higher education cases. A tort is usually defined broadly to cover most wrongful civil acts, except breach of contract, that may occur between individuals. The remedy sought in a civil tort action is compensation to the injured party for the damages suffered. The areas discussed here…

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines cases reported during 1990 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Included are cases involving school officials, school employees, students, and in some instances others visiting school grounds. Tort…

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 6 2014-10-01 2014-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 6 2012-10-01 2012-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 6 2013-10-01 2013-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

The Tort Liability of the Classroom Teacher

ERIC Educational Resources Information Center

Ripps, Stephen R.

1975-01-01

Discusses the tort liabilities (both intentional and negligent torts) to which school and college teachers are exposed. Noting that the doctrine of sovereign immunity has protected the instructor and that litigation has increased in states which have waived their immunity, the author concludes that the likelihood of litigation is greater now than…

48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 6 2011-10-01 2011-10-01 false Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

Assessment of tort liability risk management in the Virginia Department of Transportation : final report.

DOT National Transportation Integrated Search

1988-01-01

The Virginia Department of Transportation (VDOT) faces a growing tort liability problem. Under the Virginia Tort Claims Act, VOOT is liable for up to $75,000 for negligent or wrongful acts or omissions committed by its employees within the scope of t...

Tort Liability.

ERIC Educational Resources Information Center

Delon, Floyd G.

Although the definition has its limitations, a tort is generally defined as a civil wrong, excluding breach of contract, that results in injury to another. Torts include both intentional and unintentional acts, and the resulting injuries may range from actual physical harm to damage to the individual's tangible or intangible property. If it is…

A Lawyer's Primer on Feminist Theory and Tort.

ERIC Educational Resources Information Center

Bender, Leslie

1988-01-01

An overview of major components of feminist theory is given and their use in critiquing tort law is illustrated, focusing in particular on a standard-of-care analysis. It is proposed that the same method can be used to examine many other aspects of negligence and tort law. (Author/MSE)

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports cases that involve some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. Most of the cases discussed deal with accusations that the school or an employee of the school…

Tort Liability.

ERIC Educational Resources Information Center

McCarthy, Martha M.

A tort is defined as a civil wrong, independent of breach of contract, that results in injury to another person who is entitled to collect damages. The array of cases handed down in 1977 indicates that the tort domain of education law remains heavily litigated. This chapter shows that student injury cases continue to dominate, although…

Tort reform is associated with significant increases in Texas physicians relative to the Texas population.

PubMed

Stewart, Ronald M; West, Molly; Schirmer, Richard; Sirinek, Kenneth R

2013-01-01

Texas implemented comprehensive tort reform in 2003. We hypothesized that tort reform was followed by a significant increase of physicians practicing in Texas. To test this hypothesis, we compared the rate of physician growth prior to and following tort reform, and the number of licensed physicians and physicians per 100,000. Comparing before and after tort reform, the rate of increase in Texas physicians per 100,000 population increased significantly (p < 0.01). From 2002 to 2012, the Texas population increased 21 %. The number of actively practicing Texas physicians increased by 15,611 a 44 % increase (46 % metro areas vs. 9 % non-metro areas), an increase of 30 physicians per 100,000 population (p < 0.01). Non-metropolitan Texas had a net increase of 215 physicians; however, there was no change in the number of physicians per 100,000. Examining the data by trauma service areas (TSAs), 20 of 22 TSAs had an increase in both number of physicians and physicians per capita, five greater than 50 %. The post-tort reform period in Texas was associated with a significantly increased growth rate of physicians relative to the Texas population. Tort reform, as implemented in Texas, provides a needed framework for improving access to health care.

32 CFR 842.94 - Assertable claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., against a tort-feasor when: (a) Damage results from negligence and the claim is for: (1) More than $100... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842.... (The two claims should be consolidated and processed under subpart N). (d) The Tort-feasor or his...

Tort Liability of School Districts, Officers, and Employees.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

School personnel are expected to exercise a reasonable degree of care in foreseeing and preventing accident or injury. Court challenges in this area come as tort suits--the legal recourse of an injured party against the allegedly responsible party. As previous governmental immunity erodes, tort suits against educators are increasing. This chapter…

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2014 CFR

2014-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2010 CFR

2010-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2011 CFR

2011-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2012 CFR

2012-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2013 CFR

2013-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 48 Federal Acquisition Regulations System 6 2012-10-01 2012-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 48 Federal Acquisition Regulations System 6 2011-10-01 2011-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 6 2014-10-01 2014-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 48 Federal Acquisition Regulations System 6 2013-10-01 2013-10-01 false Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

Teaching Torts with Sports

ERIC Educational Resources Information Center

Epstein, Adam

2011-01-01

One of the most enjoyable and interesting subjects for students taking a business law or legal environment course is the study of torts. Whether a course only allows this discussion for a week or longer, seasoned professors realize that they can capture the attention of students by covering torts topics such as slip-and-fall litigation, defective…

Caps on malpractice awards: update.

PubMed

Allen, B L; Fischer, J E

1999-06-01

Tort reform for professional liability is in the best interests of not only all physicians, but for industry and the citizenry as a whole. The enormous sums of money donated by the Trial Lawyers Association, whose livelihood is at stake, makes initial passage of tort reform difficult and, once passed, brings it under constant attack. Even if a well-disposed legislature passes a professional liability law, state supreme courts are ever ready to invalidate such laws. Thus, once tort reform has been passed, the next battleground is the state supreme court. ACS chapters should be preparing their membership for educating the public as well as themselves as to the danger of a state supreme court comprised of members opposed to tort reform, and be prepared to help the election of those individuals who are more sympathetic to tort reform.

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2014 CFR

2014-04-01

... Federal government in connection with tort claims arising out of the contractor's performance? 900.188 Section 900.188 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE... ASSISTANCE ACT Federal Tort Claims Act Coverage General Provisions § 900.188 To what extent shall the...

A Legal Analysis of Litigation against Oklahoma Educators and School Districts under the Oklahoma Governmental Tort Claims Act

ERIC Educational Resources Information Center

Lacefield, Kevin Lee

2010-01-01

This dissertation analyzed public court decisions in cases against Oklahoma school districts and their employees involving sovereign immunity claims filed under Oklahoma's Governmental Tort Claims Act. The questions addressed were: (1) How have the Oklahoma courts interpreted the Governmental Tort Claims Act, (Okla. Stat. tit. 51 Section 151 et…

76 FR 52580 - Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-23

..., Room 2400, St. Louis, MO 63155-9948. FOR FURTHER INFORMATION CONTACT: Ruth A. Przybeck, Chief Counsel... Center, USPS National Tort Center, 1720 Market Street, Room 2400, St. Louis, MO 63155-9948'' in its place... Counsel, Torts, General Law Service Center, USPS National Tort Center, 1720 Market Street, Room 2400, St...

78 FR 19632 - Administrative Claims Under the Federal Tort Claims Act and Related Statutes

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-02

... Administration 20 CFR Parts 638 and 670 RIN 1290-AA25 Administrative Claims Under the Federal Tort Claims Act and... governing administrative claims under the Federal Tort Claims Act and related statutes. DATES: Effective... (this is not a toll-free number). Individuals with hearing or speech impairments may access this...

20 CFR 670.905 - Are damages that occur to private parties at Job Corps Centers eligible for reimbursement under...

Code of Federal Regulations, 2010 CFR

2010-04-01

... Job Corps Centers eligible for reimbursement under the Tort Claims Act? 670.905 Section 670.905... occur to private parties at Job Corps Centers eligible for reimbursement under the Tort Claims Act? (a... determine if the claim is valid under the Tort Claims Act. If the Regional Solicitor determines a claim is...

The underlying number-space mapping among kindergarteners and its relation with early numerical abilities.

PubMed

Chan, Winnie Wai Lan; Wong, Terry Tin-Yau

2016-08-01

People map numbers onto space. The well-replicated SNARC (spatial-numerical association of response codes) effect indicates that people have a left-sided bias when responding to small numbers and a right-sided bias when responding to large numbers. This study examined whether such spatial codes were tagged to the ordinal or magnitude information of numbers among kindergarteners and whether it was related to early numerical abilities. Based on the traditional magnitude judgment task, we developed two variant tasks-namely the month judgment task and dot judgment task-to elicit ordinal and magnitude processing of numbers, respectively. Results showed that kindergarteners oriented small numbers toward the left side and large numbers toward the right side when processing the ordinal information of numbers in the month judgment task but not when processing the magnitude information in the number judgment task and dot judgment task, suggesting that the left-to-right spatial bias was probably tagged to the ordinal but not magnitude property of numbers. Moreover, the strength of the SNARC effect was not related to early numerical abilities. These findings have important implications for the early spatial representation of numbers and its role in numerical performance among kindergarteners. Copyright © 2016 Elsevier Inc. All rights reserved.

40 CFR 21.10 - Utilization of the statement.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 1 2011-07-01 2011-07-01 false Utilization of the statement. 21.10 Section 21.10 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL SMALL BUSINESS § 21.10... law, statute, ordinance, or code (including building, health, or zoning codes). (g) An amended...

25 CFR 900.208 - How are non-medical related tort claims and lawsuits filed for DOI?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false How are non-medical related tort claims and lawsuits filed for DOI? 900.208 Section 900.208 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND... Related Claims § 900.208 How are non-medical related tort claims and lawsuits filed for DOI? Non-medical...

Media Tort Liability for Physical Harm: Problems in Legal Duty and Cause.

ERIC Educational Resources Information Center

Drechsel, Robert

Although the media has long been familiar with the tort law of libel and invasion of privacy, they may not be aware that the law of torts reaches more broadly. This paper examines legal developments in cases where actions of the media are alleged either to have caused the plaintiff to do something resulting in physical harm or financial loss, or…

25 CFR 900.208 - How are non-medical related tort claims and lawsuits filed for DOI?

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 2 2011-04-01 2011-04-01 false How are non-medical related tort claims and lawsuits filed for DOI? 900.208 Section 900.208 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND... Related Claims § 900.208 How are non-medical related tort claims and lawsuits filed for DOI? Non-medical...

Medical malpractice tort reform.

PubMed

Ottenwess, David M; Lamberti, Meagan A; Ottenwess, Stephanie P; Dresevic, Adrienne D

2011-01-01

A tort is generally defined as a civil wrong which causes an injury, for which a victim may seek damages, typically in the form of money damages, against the alleged wrongdoer. An overview of the tort system is detailed, specifically in the context of a medical malpractice lawsuit, in order to provide a better understanding of the practical evolution of medical malpractice litigation and its proposed reforms. Rising premiums and defensive medicine are also discussed as part of the tort reform dialogue. Because medical malpractice litigation will never disappear entirely, implementing sound risk management and compliance programs are critical to every radiology department in order to improve the safety and quality of the care that its radiologists and technologists provide.

College and University Speech Codes in the Aftermath of R.A.V v. City of St. Paul.

ERIC Educational Resources Information Center

Fraleigh, Douglas

In the case of RAV v. City of St. Paul, a teenager was charged with violating the city's Bias-Motivated Crime Ordinance after being accused of burning a cross inside the fenced yard of a black family. In a 9-0 decision, the Supreme Court struck down the St. Paul ordinance, a decision which raised a question as to whether many college and…

Co-ordinated action between youth-care and sports: facilitators and barriers.

PubMed

Hermens, Niels; de Langen, Lisanne; Verkooijen, Kirsten T; Koelen, Maria A

2017-07-01

In the Netherlands, youth-care organisations and community sports clubs are collaborating to increase socially vulnerable youths' participation in sport. This is rooted in the idea that sports clubs are settings for youth development. As not much is known about co-ordinated action involving professional care organisations and community sports clubs, this study aims to generate insight into facilitators of and barriers to successful co-ordinated action between these two organisations. A cross-sectional study was conducted using in-depth semi-structured qualitative interview data. In total, 23 interviews were held at five locations where co-ordinated action between youth-care and sports takes place. Interviewees were youth-care workers, representatives from community sports clubs, and Care Sport Connectors who were assigned to encourage and manage the co-ordinated action. Using inductive coding procedures, this study shows that existing and good relationships, a boundary spanner, care workers' attitudes, knowledge and competences of the participants, organisational policies and ambitions, and some elements external to the co-ordinated action were reported to be facilitators or barriers. In addition, the participants reported that the different facilitators and barriers influenced the success of the co-ordinated action at different stages of the co-ordinated action. Future research is recommended to further explore the role of boundary spanners in co-ordinated action involving social care organisations and community sports clubs, and to identify what external elements (e.g. events, processes, national policies) are turning points in the formation, implementation and continuation of such co-ordinated action. © 2017 John Wiley & Sons Ltd.

Compensation for Combat Deaths: Policy Considerations

DTIC Science & Technology

2012-01-01

through the courts for deaths resulting from other parties’ negligence or criminal behavior; a key difference between the tort system and many other...funding facilities that function outside of the tort system— for example, workers’ compensation programs for workplace fatalities and the Victims...receive $100,000 if the 10-percent risk of a loss of $100,000 actually came to pass. Tort law generally uses an ex post approach to compensation and

Tort reform: an issue for nurse practitioners.

PubMed

Klutz, Diane L

2004-02-01

To inform nurse practitioners (NPs) about the issues related to tort reform and its relationship to malpractice insurance costs. Current journals, newspapers, professional newsletters, and Internet sites. NPs are paying more for their malpractice premiums, and many are losing their places of employment as clinics close due to the increased cost of premiums. One method proposed for curbing the flow of monies spent on premiums and litigation is tort law reform. California serves as an example; its Medical Injury Compensation Reform Act (MICRA) tort reform law was passed 25 years ago, and it has maintained stable malpractice premiums. Other states have proposed similar laws, but some have not had similar success. To curb litigation costs, not only should tort laws be reformed, but NPs and physicians should keep abreast of current practice standards in order to provide quality medical care. Like physicians, NPs are affected directly by tort laws. These laws hold NPs accountable at the same level as physicians. In addition, many states limit NPs' practice to delegation of authority by a physician. Liability is therefore transferred from the NP to the physician and vice versa in cases of injury or wrongful act. In addition, many NPs are finding it increasingly difficult to locate insurers who will write policies for medical liability.

Parallelization of PANDA discrete ordinates code using spatial decomposition

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

Humbert, P.

2006-07-01

We present the parallel method, based on spatial domain decomposition, implemented in the 2D and 3D versions of the discrete Ordinates code PANDA. The spatial mesh is orthogonal and the spatial domain decomposition is Cartesian. For 3D problems a 3D Cartesian domain topology is created and the parallel method is based on a domain diagonal plane ordered sweep algorithm. The parallel efficiency of the method is improved by directions and octants pipelining. The implementation of the algorithm is straightforward using MPI blocking point to point communications. The efficiency of the method is illustrated by an application to the 3D-Ext C5G7more » benchmark of the OECD/NEA. (authors)« less

MCNP (Monte Carlo Neutron Photon) capabilities for nuclear well logging calculations

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

Forster, R.A.; Little, R.C.; Briesmeister, J.F.

The Los Alamos Radiation Transport Code System (LARTCS) consists of state-of-the-art Monte Carlo and discrete ordinates transport codes and data libraries. The general-purpose continuous-energy Monte Carlo code MCNP (Monte Carlo Neutron Photon), part of the LARTCS, provides a computational predictive capability for many applications of interest to the nuclear well logging community. The generalized three-dimensional geometry of MCNP is well suited for borehole-tool models. SABRINA, another component of the LARTCS, is a graphics code that can be used to interactively create a complex MCNP geometry. Users can define many source and tally characteristics with standard MCNP features. The time-dependent capabilitymore » of the code is essential when modeling pulsed sources. Problems with neutrons, photons, and electrons as either single particle or coupled particles can be calculated with MCNP. The physics of neutron and photon transport and interactions is modeled in detail using the latest available cross-section data. A rich collections of variance reduction features can greatly increase the efficiency of a calculation. MCNP is written in FORTRAN 77 and has been run on variety of computer systems from scientific workstations to supercomputers. The next production version of MCNP will include features such as continuous-energy electron transport and a multitasking option. Areas of ongoing research of interest to the well logging community include angle biasing, adaptive Monte Carlo, improved discrete ordinates capabilities, and discrete ordinates/Monte Carlo hybrid development. Los Alamos has requested approval by the Department of Energy to create a Radiation Transport Computational Facility under their User Facility Program to increase external interactions with industry, universities, and other government organizations. 21 refs.« less

7 CFR 1924.4 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

... (available in any FmHA or its successor agency under Public Law 103-354 office). (e) Date of commencement of... accordance with any contract documents and applicable State or local codes and ordinances, and the FmHA or... development. (h) Development standards. Any of the following codes and standards: (1) A standard adopted by Fm...

7 CFR 1924.4 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... (available in any FmHA or its successor agency under Public Law 103-354 office). (e) Date of commencement of... accordance with any contract documents and applicable State or local codes and ordinances, and the FmHA or... development. (h) Development standards. Any of the following codes and standards: (1) A standard adopted by Fm...

7 CFR 1924.4 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-01-01

... (available in any FmHA or its successor agency under Public Law 103-354 office). (e) Date of commencement of... accordance with any contract documents and applicable State or local codes and ordinances, and the FmHA or... development. (h) Development standards. Any of the following codes and standards: (1) A standard adopted by Fm...

7 CFR 1924.4 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... (available in any FmHA or its successor agency under Public Law 103-354 office). (e) Date of commencement of... accordance with any contract documents and applicable State or local codes and ordinances, and the FmHA or... development. (h) Development standards. Any of the following codes and standards: (1) A standard adopted by Fm...

75 FR 9434 - Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-02

... Rights (or his or her designee) may certify that a State or local building code or similar ordinance that establishes accessibility requirements (Code) meets or exceeds the minimum requirements of the ADA for..., Policy and Planning Staff, Justice Management Division, Patrick Henry Building, Suite 1600, 601 D Street...

75 FR 27816 - Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-18

... certify that a State or local building code or similar ordinance that establishes accessibility requirements (Code) meets or exceeds the minimum requirements of the ADA for accessibility and usability of... Management Division, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: May...

Monte Carlo and discrete-ordinate simulations of spectral radiances in a coupled air-tissue system.

PubMed

Hestenes, Kjersti; Nielsen, Kristian P; Zhao, Lu; Stamnes, Jakob J; Stamnes, Knut

2007-04-20

We perform a detailed comparison study of Monte Carlo (MC) simulations and discrete-ordinate radiative-transfer (DISORT) calculations of spectral radiances in a 1D coupled air-tissue (CAT) system consisting of horizontal plane-parallel layers. The MC and DISORT models have the same physical basis, including coupling between the air and the tissue, and we use the same air and tissue input parameters for both codes. We find excellent agreement between radiances obtained with the two codes, both above and in the tissue. Our tests cover typical optical properties of skin tissue at the 280, 540, and 650 nm wavelengths. The normalized volume scattering function for internal structures in the skin is represented by the one-parameter Henyey-Greenstein function for large particles and the Rayleigh scattering function for small particles. The CAT-DISORT code is found to be approximately 1000 times faster than the CAT-MC code. We also show that the spectral radiance field is strongly dependent on the inherent optical properties of the skin tissue.

Building Code Compliance and Enforcement: The Experience of SanFrancisco's Residential Energy Conservation Ordinanace and California'sBuildign Standards for New Construction

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

Vine, E.

1990-11-01

As part of Lawrence Berkeley Laboratory's (LBL) technical assistance to the Sustainable City Project, compliance and enforcement activities related to local and state building codes for existing and new construction were evaluated in two case studies. The analysis of the City of San Francisco's Residential Energy Conservation Ordinance (RECO) showed that a limited, prescriptive energy conservation ordinance for existing residential construction can be enforced relatively easily with little administrative costs, and that compliance with such ordinances can be quite high. Compliance with the code was facilitated by extensive publicity, an informed public concerned with the cost of energy and knowledgeablemore » about energy efficiency, the threat of punishment (Order of Abatement), the use of private inspectors, and training workshops for City and private inspectors. The analysis of California's Title 24 Standards for new residential and commercial construction showed that enforcement of this type of code for many climate zones is more complex and requires extensive administrative support for education and training of inspectors, architects, engineers, and builders. Under this code, prescriptive and performance approaches for compliance are permitted, resulting in the demand for alternative methods of enforcement: technical assistance, plan review, field inspection, and computer analysis. In contrast to existing construction, building design and new materials and construction practices are of critical importance in new construction, creating a need for extensive technical assistance and extensive interaction between enforcement personnel and the building community. Compliance problems associated with building design and installation did occur in both residential and nonresidential buildings. Because statewide codes are enforced by local officials, these problems may increase over time as energy standards change and become more complex and as other standards (eg, health and safety codes) remain a higher priority. The California Energy Commission realizes that code enforcement by itself is insufficient and expects that additional educational and technical assistance efforts (eg, manuals, training programs, and toll-free telephone lines) will ameliorate these problems.« less

Green Building Standards

EPA Pesticide Factsheets

Many organizations have developed model codes or rating systems that communities may use to develop green building programs or revise building ordinances. Some of the major options are listed on this page.

Transoral robotic thyroidectomy: a preclinical feasibility study using the da Vinci Xi platform.

PubMed

Russell, Jonathon O; Noureldine, Salem I; Al Khadem, Mai G; Chaudhary, Hamad A; Day, Andrew T; Kim, Hoon Yub; Tufano, Ralph P; Richmon, Jeremy D

2017-09-01

Transoral thyroid surgery allows the surgeon to conceal incisions within the oral cavity without significantly increasing the amount of required dissection. TORT provides an ideal scarless, midline access to the thyroid gland and bilateral central neck compartments. This approach, however, presents multiple technical challenges. Herein, we present our experience using the latest generation robotic surgical system to accomplish transoral robotic thyroidectomy (TORT). In two human cadavers, the da Vinci Xi surgical system (Intuitive Surgical, Sunnyvale, CA, USA) was used to complete TORT. Total thyroidectomy and bilateral central neck dissection was successfully completed in both cadavers. The da Vinci Xi platform offered several technologic advantages over previous robotic generations including overhead docking, narrower arms, and improved range of motion allowing for improved execution of previously described TORT techniques.

34 CFR 395.35 - Terms of permit.

Code of Federal Regulations, 2012 CFR

2012-07-01

... health, sanitation, and building codes or ordinances. (e) The permit shall further provide that... to the State licensing agency for normal cleaning, maintenance, and repair of the building structure...

34 CFR 395.35 - Terms of permit.

Code of Federal Regulations, 2014 CFR

2014-07-01

... health, sanitation, and building codes or ordinances. (e) The permit shall further provide that... to the State licensing agency for normal cleaning, maintenance, and repair of the building structure...

Green Infrastructure Barriers and Opportunities in Dallas, Texas

EPA Pesticide Factsheets

This report will assist other municipalities with recognizing barriers and inconsistencies in municipal codes and ordinances which may be impeding the implementation of green infrastructure practices in their communities.

Roadway related tort liability and risk management.

DOT National Transportation Integrated Search

2010-06-01

This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

Procreative torts: enhancing the common-law protection for reproductive autonomy.

PubMed

Northern, K S

1998-01-01

Roe v. Wade's twenty-fifth anniversary is likely to herald widespread scholarly commentary on the decision's continued vitality and the future of abortion in the United States. However, if such commentary focuses solely upon the constitutional dimensions and political aspects of a woman's right to privacy, an important dimension of this right will be overlooked. Few commentators have considered the extent to which tort law safeguards a woman's interest in reproductive autonomy. In this article, Professor Northern argues that the interest in reproductive autonomy has not yet received the full protection to which it is entitled and that tort law is poised to evolve distinct causes of action for the interference with procreative autonomy interests. Professor Northern begins with an overview of the medical and psychological literature on abortion-related risks. She goes on to discuss current trends in abortion malpractice litigation. The author then reviews the three basic types of malpractice causes of action--battery, negligence, and lack of informed consent--and explores their application to abortion malpractice claims. The focus of the article then shifts to the development of specialized procreative torts, and Professor Northern contends that courts should go beyond previous decisions to redress any substantial interference with procreative autonomy. Finally, the author asserts that legislative alternatives to the common-law development of procreative torts, such as right-to-know statutes, are less protective of women's interests. Professor Northern concludes that tort law could and should be used to more fully protect women's interests in procreative autonomy.

Health and life insurance as an alternative to malpractice tort law

PubMed Central

2010-01-01

Background Tort law has legitimate social purposes of deterrence, punishment and compensation, but medical tort law does none of these well. Tort law could be counterproductive in medicine, encouraging costly defensive practices that harm some patients, restricting access to care in some settings and discouraging innovation. Discussion Patients might be better served by purchasing combined health and life insurance policies and waiving their right to pursue malpractice claims. The combined policy should encourage the insurer to profit by inexpensively delaying policyholders' deaths. A health and life insurer would attempt to minimize mortal risks to policyholders from any cause, including medical mistakes and could therefore pursue systematic quality improvement efforts. If policyholders trust the insurer to seek, develop and reward genuinely effective care; identify, deter and remediate poor care; and compensate survivors through the no-fault process of paying life insurance benefits, then tort law is largely redundant and the right to sue may be waived. If expensive defensive medicine can be avoided, that savings alone could pay for fairly large life insurance policies. Summary Insurers are maligned largely because of their logical response to incentives that are misaligned with the interests of patients and physicians in the United States. Patient, provider and insurer incentives could be realigned by combining health and life insurance, allowing the insurer to use its considerable information access and analytic power to improve patient care. This arrangement would address the social goals of malpractice torts, so that policyholders could rationally waive their right to sue. PMID:20525190

Health and life insurance as an alternative to malpractice tort law.

PubMed

Sumner, Walton

2010-06-02

Tort law has legitimate social purposes of deterrence, punishment and compensation, but medical tort law does none of these well. Tort law could be counterproductive in medicine, encouraging costly defensive practices that harm some patients, restricting access to care in some settings and discouraging innovation. Patients might be better served by purchasing combined health and life insurance policies and waiving their right to pursue malpractice claims. The combined policy should encourage the insurer to profit by inexpensively delaying policyholders' deaths. A health and life insurer would attempt to minimize mortal risks to policyholders from any cause, including medical mistakes and could therefore pursue systematic quality improvement efforts. If policyholders trust the insurer to seek, develop and reward genuinely effective care; identify, deter and remediate poor care; and compensate survivors through the no-fault process of paying life insurance benefits, then tort law is largely redundant and the right to sue may be waived. If expensive defensive medicine can be avoided, that savings alone could pay for fairly large life insurance policies. Insurers are maligned largely because of their logical response to incentives that are misaligned with the interests of patients and physicians in the United States. Patient, provider and insurer incentives could be realigned by combining health and life insurance, allowing the insurer to use its considerable information access and analytic power to improve patient care. This arrangement would address the social goals of malpractice torts, so that policyholders could rationally waive their right to sue.

Teaching Civil Procedure with the Aid of Local Tort Litigation.

ERIC Educational Resources Information Center

Anderson, Lloyd C.; Kirkwood, Charles E.

1987-01-01

A course in civil procedure using local tort litigation and classroom simulation of the trial has been enthusiastically recevied by students and useful in teaching appropriate procedure, sequencing, questioning, and professional cooperation. (MSE)

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2012 CFR

2012-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2013 CFR

2013-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2014 CFR

2014-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2011 CFR

2011-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

Testing the Immunity of the Firearm Industry to Tort Litigation.

PubMed

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

2017-01-01

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

Risk, statistical inference, and the law of evidence: the use of epidemiological data in toxic tort cases.

PubMed

Brannigan, V M; Bier, V M; Berg, C

1992-09-01

Toxic torts are product liability cases dealing with alleged injuries due to chemical or biological hazards such as radiation, thalidomide, or Agent Orange. Toxic tort cases typically rely more heavily than other product liability cases on indirect or statistical proof of injury. There have been numerous theoretical analyses of statistical proof of injury in toxic tort cases. However, there have been only a handful of actual legal decisions regarding the use of such statistical evidence, and most of those decisions have been inconclusive. Recently, a major case from the Fifth Circuit, involving allegations that Benedectin (a morning sickness drug) caused birth defects, was decided entirely on the basis of statistical inference. This paper examines both the conceptual basis of that decision, and also the relationships among statistical inference, scientific evidence, and the rules of product liability in general.

Implementation of radiation shielding calculation methods. Volume 1: Synopsis of methods and summary of results

NASA Technical Reports Server (NTRS)

Capo, M. A.; Disney, R. K.

1971-01-01

The work performed in the following areas is summarized: (1) Analysis of Realistic nuclear-propelled vehicle was analyzed using the Marshall Space Flight Center computer code package. This code package includes one and two dimensional discrete ordinate transport, point kernel, and single scatter techniques, as well as cross section preparation and data processing codes, (2) Techniques were developed to improve the automated data transfer in the coupled computation method of the computer code package and improve the utilization of this code package on the Univac-1108 computer system. (3) The MSFC master data libraries were updated.

Malpractice risk and cost are significantly reduced after tort reform.

PubMed

Stewart, Ronald M; Geoghegan, Kathy; Myers, John G; Sirinek, Kenneth R; Corneille, Michael G; Mueller, Deborah; Dent, Daniel L; Wolf, Steven E; Pruitt, Basil A

2011-04-01

Rising medical malpractice premiums have reached a crisis point in many areas of the United States. In 2003 the Texas legislature passed a comprehensive package of tort reform laws that included a cap at $250,000 on noneconomic damages in most medical malpractice cases. We hypothesized that tort reform laws significantly reduce the risk of malpractice lawsuit in an academic medical center. We compared malpractice prevalence, incidence, and liability costs before and after comprehensive state tort reform measures were implemented. Two prospectively maintained institutional databases were used to calculate and characterize malpractice risk: a surgical operation database and a risk management and malpractice database. Risk groups were divided into pretort reform (1992 to 2004) and post-tort reform groups (2004 to the present). Operative procedures were included for elective, urgent, and emergency general surgery procedures. During the study period, 98,513 general surgical procedures were performed. A total of 28 lawsuits (25 pre-reform, 3 postreform) were filed, naming general surgery faculty or residents. The prevalence of lawsuits filed/100,000 procedures performed is as follows: before reform, 40 lawsuits/100,000 procedures, and after reform, 8 lawsuits/100,000 procedures (p < 0.01, relative risk 0.21 [95% CI 0.063 to 0.62]). Virtually all of the liability and defense cost was in the pretort reform period: $595,000/year versus $515/year in the postreform group (p < 0.01). Implementation of comprehensive tort reform in Texas was associated with a significant decrease in the prevalence and cost of surgical malpractice lawsuits at one academic medical center. Copyright © 2011. Published by Elsevier Inc.

32 CFR 536.85 - Claims payable under the Federal Tort Claims Act.

Code of Federal Regulations, 2011 CFR

2011-07-01

... occurred. The FTCA is a limited waiver of sovereign immunity without which the United States may not be... creates or permits a federal cause of action allowing recovery in tort. Immunity must be expressly waived...

32 CFR 536.85 - Claims payable under the Federal Tort Claims Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... occurred. The FTCA is a limited waiver of sovereign immunity without which the United States may not be... creates or permits a federal cause of action allowing recovery in tort. Immunity must be expressly waived...

The Anatomy of a Constitutional Tort.

ERIC Educational Resources Information Center

Horner, Jeffrey J.

1988-01-01

Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

Children in Civil Law: The Tort of Negligence.

ERIC Educational Resources Information Center

Sheehy, N. P.; Chapman, A. J.

1984-01-01

Examines judgments involving children under the tort of negligence, using All England Law Reports for 1939 to 1983 and some cases from other countries. Discusses "contributory negligence,""parental liability,""responsibility,""allurement," and "res-ipsa loquitur." Suggests more use of developmental…

32 CFR 750.8 - Claims: Responsibility of the Tort Claims Unit Norfolk.

Code of Federal Regulations, 2011 CFR

2011-07-01

... received in proper form. (c) Adjudicating the claim. (1) The Tort Claims Unit Norfolk shall evaluate and... is a narrative summary of the facts upon which the suit is based and has as enclosures the claims...

32 CFR 750.8 - Claims: Responsibility of the Tort Claims Unit Norfolk.

Code of Federal Regulations, 2012 CFR

2012-07-01

... received in proper form. (c) Adjudicating the claim. (1) The Tort Claims Unit Norfolk shall evaluate and... is a narrative summary of the facts upon which the suit is based and has as enclosures the claims...

Australian tort law reform: statutory principles of causation and the common law.

PubMed

Mendelson, Danuta

2004-05-01

By mid-2004, Parliaments in each Australian jurisdiction will either complete or will be in the process of partial codification of the law of torts. The reforms, including those to the law of negligence, are extensive. This article focuses on codification of the law of causation as an element of the cause of action in negligence. It examines the background to "tort reform", as the process has been labelled, and discusses the common law paradigm of negligence and various approaches to causation. It then analyses and compares the causation provisions in each jurisdiction.

Collective judicial management of mass toxic tort controversies: lessons and issues from the Agent Orange litigation.

PubMed

Novey, L B

1988-01-01

Viewing the Agent Orange litigation as a case study, this article explores the feasibility and desirability of strengthening the powers of the courts to manage toxic tort controversies en masse. The Agent Orange lawsuit, brought on behalf of potentially millions of Vietnam War veterans and family members, charged that herbicides used for military purposes during the war caused a wide range of health problems. This article first reviews the current national debate over how mass toxic tort controversies should be handled, including key legislative reform options, and describes how attention is increasingly focused on ways that the court system might better cope with mass toxic torts. The principal events of the Agent Orange litigation are then summarized, by which the litigation was consolidated into a massive class action, the class action was settled, and a streamlined plan for distributing the settlement fund was adopted. The article evaluates the outcome of the litigation, and discusses whether the solution there can and should be broadly applied to other mass toxic tort cases. This question depends, in part, on a series of complex legal and practical issues, but the author suggests that the question will also depend on what institutional role we expect the judiciary to play within society.

Case for tort reform in medical malpractice.

PubMed

DeLuke, Dean M

2006-05-01

Under tort law, injured parties have the basic right to seek indemnity for wrongful injury, including injury from medical malpractice. Unfortunately, the present system is associated with many undesirable secondary effects, including problems of patient access to care, excessive testing or overtreatment, and undertreatment due to doctors' fear of malpractice. Nationwide, there are innumerable cases of doctors abandoning obstetrical or other high risk practices, or migrating away from states with less friendly tort laws. The California MICRA legislation of 1976 is often cited as a model for tort reform, but even this model legislation may be insufficient to restore a beleaguered trust between medical providers and their patients. Several key research studies suggest that the jury system fails to fairly and reliably compensate injured patients, and fails to deter or discipline errant doctors. To adequately meet the common needs of patients and health care providers, there must be an appropriate emphasis on aggressive risk management, quality improvement, patient safety, professional oversight, and responsible insurance underwriting. Moreover, there must be a systemic improvement of the current tort system as it pertains to medical malpractice. Although incremental reforms at the state level are slowly occurring and should certainly be supported, a greater reward may ultimately stem from more radical restructuring to a system of medical tribunals.

Tort law and medical malpractice insurance premiums.

PubMed

Kilgore, Meredith L; Morrisey, Michael A; Nelson, Leonard J

2006-01-01

This paper estimated the effects of tort law and insurer investment returns on physician malpractice insurance premiums. Data were collected on tort law from 1991 through 2004, and multivariate regression models, including fixed effects for state and year, were used to estimate the effect of changes in tort law on medical malpractice premiums. The premium consequences of national policy changes were simulated. The analysis found that the introduction of a new damage cap lowered malpractice premiums for internal medicine, general surgery, and obstetrics/gynecology by 17.3%, 20.7%, and 25.5%, respectively. Lowering damage caps by dollar 100,000 reduced premiums by 4%. Statutes of repose also resulted in lower premiums. No other tort law changes had the effect of lowering premiums. Simulation results indicate that a national cap of dollar 250,000 on awards for noneconomic damages in all states would imply premium savings of dollar 16.9 billion. Extending a dollar 250,000 cap to all states that do not currently have them would save dollar 1.4 billion annually, or about 8% of the total. A negative effect on malpractice premiums was found for the Dow Jones industrial average, but not for bond prices; effects of the Nasdaq index were not significant for internal medicine, but were marginally significant for surgery and obstetrics premiums.

APC: A New Code for Atmospheric Polarization Computations

NASA Technical Reports Server (NTRS)

Korkin, Sergey V.; Lyapustin, Alexei I.; Rozanov, Vladimir V.

2014-01-01

A new polarized radiative transfer code Atmospheric Polarization Computations (APC) is described. The code is based on separation of the diffuse light field into anisotropic and smooth (regular) parts. The anisotropic part is computed analytically. The smooth regular part is computed numerically using the discrete ordinates method. Vertical stratification of the atmosphere, common types of bidirectional surface reflection and scattering by spherical particles or spheroids are included. A particular consideration is given to computation of the bidirectional polarization distribution function (BPDF) of the waved ocean surface.

Physical Education Teachers: How Do I Sue Thee? Oh, Let Me Count the Ways!

ERIC Educational Resources Information Center

Henderson, Donald H.

1985-01-01

Physical education teachers face increased risks of tort liablity suits because athletic events tend to be dangerous due to physical contact. Areas that are most vulnerable to tort liablity cases of teacher negligence are discussed. (DF)

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,…

Associations between county and municipality zoning ordinances and access to fruit and vegetable outlets in rural North Carolina, 2012.

PubMed

Mayo, Mariel Leah; Pitts, Stephanie B Jilcott; Chriqui, Jamie F

2013-12-05

Zoning ordinances and land-use plans may influence the community food environment by determining placement and access to food outlets, which subsequently support or hinder residents' attempts to eat healthfully. The objective of this study was to examine associations between healthful food zoning scores as derived from information on local zoning ordinances, county demographics, and residents' access to fruit and vegetable outlets in rural northeastern North Carolina. From November 2012 through March 2013, county and municipality zoning ordinances were identified and double-coded by using the Bridging the Gap food code/policy audit form. A healthful food zoning score was derived by assigning points for the allowed use of fruit and vegetable outlets. Pearson coefficients were calculated to examine correlations between the healthful food zoning score, county demographics, and the number of fruit and vegetable outlets. In March and April 2013, qualitative interviews were conducted among county and municipal staff members knowledgeable about local zoning and planning to ascertain implementation and enforcement of zoning to support fruit and vegetable outlets. We found a strong positive correlation between healthful food zoning scores and the number of fruit and vegetable outlets in 13 northeastern North Carolina counties (r = 0.66, P = .01). Major themes in implementation and enforcement of zoning to support fruit and vegetable outlets included strict enforcement versus lack of enforcement of zoning regulations. Increasing the range of permitted uses in zoning districts to include fruit and vegetable outlets may increase access to healthful fruit and vegetable outlets in rural communities.

Associations Between County and Municipality Zoning Ordinances and Access to Fruit And Vegetable Outlets in Rural North Carolina, 2012

PubMed Central

Mayo, Mariel Leah; Chriqui, Jamie F.

2013-01-01

Introduction Zoning ordinances and land-use plans may influence the community food environment by determining placement and access to food outlets, which subsequently support or hinder residents’ attempts to eat healthfully. The objective of this study was to examine associations between healthful food zoning scores as derived from information on local zoning ordinances, county demographics, and residents’ access to fruit and vegetable outlets in rural northeastern North Carolina. Methods From November 2012 through March 2013, county and municipality zoning ordinances were identified and double-coded by using the Bridging the Gap food code/policy audit form. A healthful food zoning score was derived by assigning points for the allowed use of fruit and vegetable outlets. Pearson coefficients were calculated to examine correlations between the healthful food zoning score, county demographics, and the number of fruit and vegetable outlets. In March and April 2013, qualitative interviews were conducted among county and municipal staff members knowledgeable about local zoning and planning to ascertain implementation and enforcement of zoning to support fruit and vegetable outlets. Results We found a strong positive correlation between healthful food zoning scores and the number of fruit and vegetable outlets in 13 northeastern North Carolina counties (r = 0.66, P = .01). Major themes in implementation and enforcement of zoning to support fruit and vegetable outlets included strict enforcement versus lack of enforcement of zoning regulations. Conclusion Increasing the range of permitted uses in zoning districts to include fruit and vegetable outlets may increase access to healthful fruit and vegetable outlets in rural communities. PMID:24309091

Institutional Liability for Student Activities and Organizations.

ERIC Educational Resources Information Center

Richmond, Douglas R.

1990-01-01

Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

Torts.

ERIC Educational Resources Information Center

Vacca, Richard S.; Evans, William J., Jr.

This fifth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 involving claims of torts (civil wrongs, other than those involving breach of contract) committed by elementary or secondary educational institutions or personnel. Among the topics reviewed are claims of…

What's the Rush? Tort Laws and Elective Early-term Induction of Labor.

PubMed

Roth, Louise Marie

2016-12-01

Tort laws aim to deter risky medical practices and increase accountability for harm. This research examines their effects on deterrence of a high-risk obstetric practice in the United States: elective early-term (37-38 weeks gestation) induction of labor. Using birth certificate data from the Natality Detail Files and state-level data from publicly available sources, this study analyzes the effects of tort laws on labor induction with multilevel models (MLM) of 665,491 early-term births nested in states. Results reveal that caps on damages are associated with significantly higher odds of early-term induction and Proportionate Liability (PL) is associated with significantly lower odds compared to Joint and Several Liability (JSL). The findings suggest that clinicians are more likely to engage in practices that defy professional guidelines in tort environments with lower legal burdens. I discuss the implications of the findings for patient safety and the deterrence of high-risk practices. © American Sociological Association 2016.

The need for tort reform as part of health care reform.

PubMed

Thornton, Tiffany; Saha, Subrata

2008-01-01

There is no doubt about the need for tort reform. The current state of the legal system imposes great costs on the U.S. health care system and society in general-an astounding $865 billion each year. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped reduce malpractice insurance rates and encouraged young physicians to pursue specialties such as obstetrics. Collective insurance pools and national insurance programs for physicians and hospitals are some options that other countries employ to reduce malpractice rates. Regulation of expert testimony by medical societies would curb false or biased testimony. Other recommendations to improve the tort system include establishing expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making acknowledgment of errors inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts. Clearly some action must be taken to amend our current wasteful tort system.

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing.

PubMed

Evans, Barbara J

2013-12-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends.

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing

PubMed Central

Evans, Barbara J.

2014-01-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends. PMID:24030435

Court Decisions on Medical Malpractice in China After the New Tort Liability Law.

PubMed

Zhang, Kui; Li, Yuan; Fan, Fei; Liu, Xin; Deng, Zhen-Hua

2016-09-01

A new Tort Law of the People's Republic of China became effective on July 1, 2010. We undertook an analysis of medical malpractice lawsuits brought before regional courts in Beijing districts after this new Tort Liability Law went into effect. In total, 726 cases eventuating in a final verdict were collected from the Beijing district courts from 2011 to 2013 in this retrospective study; 83.7% of the 726 alleged instances of medical malpractice were confirmed to be malpractice by the final verdict. The disciplines most frequently involved with claims of medical malpractice were obstetrics and gynecology, the most frequent outcomes was death, and the most common types of case associated with malpractice was surgery related. The average length of time between the occurrence of the injury and closure of the claim was 9.2 months, and the average payment was ¥163,000. Since the introduction of the new Tort Liability Law, the average time to complete a litigation was shortened, but it has made little apparent difference otherwise.

Order information in verbal working memory shifts the subjective midpoint in both the line bisection and the landmark tasks.

PubMed

Antoine, Sophie; Ranzini, Mariagrazia; Gebuis, Titia; van Dijck, Jean-Philippe; Gevers, Wim

2017-10-01

A largely substantiated view in the domain of working memory is that the maintenance of serial order is achieved by generating associations of each item with an independent representation of its position, so-called position markers. Recent studies reported that the ordinal position of an item in verbal working memory interacts with spatial processing. This suggests that position markers might be spatial in nature. However, these interactions were so far observed in tasks implying a clear binary categorization of space (i.e., with left and right responses or targets). Such binary categorizations leave room for alternative interpretations, such as congruency between non-spatial categorical codes for ordinal position (e.g., begin and end) and spatial categorical codes for response (e.g., left and right). Here we discard this interpretation by providing evidence that this interaction can also be observed in a task that draws upon a continuous processing of space, the line bisection task. Specifically, bisections are modulated by ordinal position in verbal working memory, with lines bisected more towards the right after retrieving items from the end compared to the beginning of the memorized sequence. This supports the idea that position markers are intrinsically spatial in nature.

Coaching Athletics: A Tort Just Waiting for a Judgment?

ERIC Educational Resources Information Center

Clear, Delbert K.; Bagley, Martha

1982-01-01

Discusses school boards' potential tort liability for sports injuries arising from coaches' lack of knowledge of how to prevent or treat injuries. Argues for board policies requiring that coaches be trained in handling injuries, that their skills be upgraded, and that proper practices be followed. (RW)

An examination of tort liability issues connected with release of arrested, intoxicated DWI offenders

DOT National Transportation Integrated Search

1977-06-01

The authors have studied the legal issues concerning a non-jail option for DWI offenders and they explore the risks such procedures have for enforcement agencies. The report examines the tort liability of such agencies if a released offender crashes ...

School Tort Law in Illinois.

ERIC Educational Resources Information Center

Menacker, Julius

1990-01-01

Illinois tort policy has swung from supporting the sovereign immunity of school districts, to completely striking down sovereign immunity, to narrowing conditions in which districts and employees could be liable. Advises Illinois and other states with similar problems to develop legislation and court precedents to reduce the complexity of tort…

78 FR 73512 - Privacy Act of 1974; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-06

.... This system will be used to evaluate and settle Admiralty tort claims asserted for and against the..., citizenship, race/ethnicity, physically descriptive characteristics, birth date, personal cell telephone....'' Purpose(s): Delete entry and replace with ``To evaluate and settle Admiralty tort claims asserted for and...

Patient Perception of Disclosure Performance of Informed Consent Elements in the Preanesthesia Interview

DTIC Science & Technology

1997-12-01

Tort Law............................................................................................................................10 Contract Law ......................................................................................................................20... contract law ..............................22 Figure 3. Military status of patients by rate...Two major areas of the law, tort law and contract law , are relevant when a patient does not receive adequate informed consent. This chapter will

31 CFR 3.20 - General.

Code of Federal Regulations, 2010 CFR

2010-07-01

... owned property caused by the negligence of any officer or employee of the Government acting within the scope of his employment. The Federal Tort Claims Act superseded the Small Claims Act with respect to... Federal Tort Claims Act, for example, claims arising abroad, may be allowable under the Small Claims Act. ...

How Teachers Can Avoid Being Sued: Law and American Education.

ERIC Educational Resources Information Center

Greene, Jim

This paper explores what teachers can do to avoid potential lawsuits. Section 1 describes different types of laws for public and private schools. Section 2 discusses tort liability. Section 3 presents legal principles that apply to educators (in loco parents, intentional torts, strict liability, negligence, foreseeability, assigned duties,…

Tort Liability.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

This chapter summarizes recent state supreme court and federal court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976, although a few 1974 cases not treated in the 1975 yearbook are also…

Tort Liability.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

This chapter summarices and analyzes all state supreme court and federal court decisions as well as other significant court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. In his…

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2013 CFR

2013-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2012 CFR

2012-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2014 CFR

2014-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2010 CFR

2010-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

Teaching Strategy. Tort Law and the Civil Jury.

ERIC Educational Resources Information Center

Pittman, Keith A.

1997-01-01

Presents a lesson plan that introduces students to the tort system of law and the responsibilities of the civil jury. The lesson involves student research and a mock jury trial establishing legal responsibility for a fatal automobile accident. Includes a list of objectives, classroom procedures, and handouts on jury deliberations. (MJP)

48 CFR 222.7401 - Policy.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Rights Act of 1964; or (ii) Any tort related to or arising out of sexual assault or harassment, including... title VII of the Civil Rights Act of 1964; or (ii) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2013 CFR

2013-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2011 CFR

2011-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2010 CFR

2010-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2014 CFR

2014-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2012 CFR

2012-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

29 CFR 15.4 - Administrative claim; where to file.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Labor Office of the Secretary of Labor ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Against the Government Under the Federal Tort Claims Act § 15.4 Administrative..., U.S. Department of Labor, 200 Constitution Avenue, NW., Suite S4325, Washington, DC 20210. (c) In...

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…

Perspectives on a Torts Course.

ERIC Educational Resources Information Center

Bernstein, Anita

1993-01-01

One law professor has added interest to a torts course by asking students to select one of five perspectives (economics, corrective justice, feminism, libertarianism, and practicality) on the course content and study it throughout the course. On the final examination, each student must answer one essay question from that viewpoint. (MSE)

22 CFR 304.1 - Scope; definitions.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Scope; definitions. 304.1 Section 304.1 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT General Provisions § 304.1 Scope; definitions. (a) This subpart applies to claims asserted under the Federal Tort Claims Act, as...

22 CFR 304.1 - Scope; definitions.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Scope; definitions. 304.1 Section 304.1 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT General Provisions § 304.1 Scope; definitions. (a) This subpart applies to claims asserted under the Federal Tort Claims Act, as...

Patient Perception of Disclosure Performance of Informed Consent Elements in the Preanesthesia Interview

DTIC Science & Technology

1997-12-01

10 Contract Law ......................................................................................................................20...20 Figure 2. A summary of the differences between tort and contract law ..............................22 Figure 3. Military...of Anesthesiologists, 1997, p. 406). 10 CHAPTER 2: REVIEW OF RELEVANT LITERATURE Two major areas of the law, tort law and contract law , are relevant

Physicians' fears of malpractice lawsuits are not assuaged by tort reforms.

PubMed

Carrier, Emily R; Reschovsky, James D; Mello, Michelle M; Mayrell, Ralph C; Katz, David

2010-09-01

Physicians contend that the threat of malpractice lawsuits forces them to practice defensive medicine, which in turn raises the cost of health care. This argument underlies efforts to change malpractice laws through legislative tort reform. We evaluated physicians' perceptions about malpractice claims in states where more objective indicators of malpractice risk, such as malpractice premiums, varied considerably. We found high levels of malpractice concern among both generalists and specialists in states where objective measures of malpractice risk were low. We also found relatively modest differences in physicians' concerns across states with and without common tort reforms. These results suggest that many policies aimed at controlling malpractice costs may have a limited effect on physicians' malpractice concerns.

7 CFR 2.31 - General Counsel.

Code of Federal Regulations, 2010 CFR

2010-01-01

... pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. 2671-2680), and the regulations of the..., determine, compromise, and settle, pursuant to the Federal Tort Claims Act as amended (28 U.S.C. 2671-2680... allege the negligence or wrongful act of an employee of a USDA agency; and consider, ascertain, adjust...

Basic Substantive Law for Paralegals: Contracts, Torts, and Due Process.

ERIC Educational Resources Information Center

Marcin, Raymond B.

Part of the paralegal, or legal assistant, training materials prepared by the National Paralegal Institution under a Federal grant, the text comprises an overview of the basic legal concepts usually found in introductory law courses concerning contracts, torts, and the due process area of constitutional law. Part 1, Contracts, covers: definition,…

Civil Liability of Teachers for Injuries to Students, and Other Torts.

ERIC Educational Resources Information Center

Brown, R. A.

1986-01-01

Addresses issues involving the tort liability of Australian teachers. Explores broad interpretations of negligence, such as giving students incorrect information or negligent advice resulting in some physical or economic damage to the student. Exhorts teachers to provide their charges with the best advice possible for their individual development.…

77 FR 26181 - Authorization To Redelegate Settlement Authority for Claims Submitted Under the Federal Tort...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-05-03

... DEPARTMENT OF JUSTICE 28 CFR Part 0 [CIV Docket No. 152; AG Order No. 3330-2012] Authorization To... Justice. ACTION: Final rule. SUMMARY: The Department of Justice is amending its internal organizational... CONTACT: Phyllis J. Pyles, Director, Torts Branch, Civil Division, Department of Justice, 1331...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2013 CFR

2013-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2012 CFR

2012-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2010 CFR

2010-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2011 CFR

2011-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

Legal Problems of the Principal.

ERIC Educational Resources Information Center

Stern, Ralph D.; And Others

The three talks included here treat aspects of the law--tort liability, student records, and the age of majority--as they relate to the principal. Specifically, the talk on torts deals with the consequences of principal negligence in the event of injuries to students. Assurance is given that a reasonable and prudent principal will have a minimum…

Torts Liability for Strike Action and Third Party Rights.

ERIC Educational Resources Information Center

Raday, Frances

1979-01-01

Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

20 CFR 638.526 - Tort and other claims.

Code of Federal Regulations, 2010 CFR

2010-04-01

....526 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT Center Operations § 638.526 Tort and other claims... persons or property, which is believed to have resulted from operation of a Job Corps center and to be a...

An Asymmetry-to-Symmetry Switch in Signal Transmission by the Histidine Kinase Receptor for TMAO

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

Moore, Jason O.; Hendrickson, Wayne A.

2012-06-28

The osmoregulator trimethylamine-N-oxide (TMAO), commonplace in aquatic organisms, is used as the terminal electron acceptor for respiration in many bacterial species. The TMAO reductase (Tor) pathway for respiratory catalysis is controlled by a receptor system that comprises the TMAO-binding protein TorT, the sensor histidine kinase TorS, and the response regulator TorR. Here we study the TorS/TorT sensor system to gain mechanistic insight into signaling by histidine kinase receptors. We determined crystal structures for complexes of TorS sensor domains with apo TorT and with TorT (TMAO); we characterized TorS sensor associations with TorT in solution; we analyzed the thermodynamics of TMAOmore » binding to TorT-TorS complexes; and we analyzed in vivo responses to TMAO through the TorT/TorS/TorR system to test structure-inspired hypotheses. TorS-TorT(apo) is an asymmetric 2:2 complex that binds TMAO with negative cooperativity to form a symmetric active kinase.« less

An asymmetry-to-symmetry switch in signal transmission by the histidine kinase receptor for TMAO.

PubMed

Moore, Jason O; Hendrickson, Wayne A

2012-04-04

The osmoregulator trimethylamine-N-oxide (TMAO), commonplace in aquatic organisms, is used as the terminal electron acceptor for respiration in many bacterial species. The TMAO reductase (Tor) pathway for respiratory catalysis is controlled by a receptor system that comprises the TMAO-binding protein TorT, the sensor histidine kinase TorS, and the response regulator TorR. Here we study the TorS/TorT sensor system to gain mechanistic insight into signaling by histidine kinase receptors. We determined crystal structures for complexes of TorS sensor domains with apo TorT and with TorT (TMAO); we characterized TorS sensor associations with TorT in solution; we analyzed the thermodynamics of TMAO binding to TorT-TorS complexes; and we analyzed in vivo responses to TMAO through the TorT/TorS/TorR system to test structure-inspired hypotheses. TorS-TorT(apo) is an asymmetric 2:2 complex that binds TMAO with negative cooperativity to form a symmetric active kinase. Copyright © 2012 Elsevier Ltd. All rights reserved.

Reimagining the learned intermediary rule for the new pharmaceutical marketplace.

PubMed

Hall, Timothy S

2004-01-01

For the past decade, the learned intermediary rule--the rule of tort law that provides that drug manufacturers may satisfy their duty to warn of a drug's dangers by warning the prescribing physician rather than the end user of the drug--has been the subject of vigorous academic debate. That debate has been largely moot, however, as the courts have proven reluctant to make significant inroads on the protection offered by the Rule to drug manufacturers. This Article proposes a new approach to the Rule. Part I discusses the history and overwhelming adoption of the Rule pursuant to the Restatement (Second) of Torts. Part II argues that changes in the health care delivery system have resulted in a legal system that introduces market distortions by effectively immunizing the pharmaceutical industry from the legal and social consequences of its own actions. Part III then sets forth a reconceptualization of the Rule, which preserves the Rule's benefits with respect to the drug industry, the health care system, and the goals of tort law, while also strengthening the protection the tort system offers to individuals injured by prescription drugs.

77 FR 15122 - Te-Moak Tribe of Western Shoshone- Ordinance Pursuant to United States Code, Legalizing and...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-14

... alcoholic beverage business is seeking to be licensed. (e) No such license shall be transferred without the..., Chairman, Te-Moak Tribe of Western Shoshone ATTEST: /s/ Vera Johnny, Acting Recording Secretary Te-Moak...

A Summary of Three Areas of School Law: Students' Rights, Torts, and Teachers' Rights.

ERIC Educational Resources Information Center

Curry, Michael J.

1981-01-01

The intent of this article is to provide working administrators with a synopsis of court cases and legal principles relating to student rights (search and seizure, due process in discipline cases, freedom of expression, exclusion from school); torts (assault, negligence); and teachers' rights (academic freedom, freedom of speech, employee rights).…

44 CFR 11.11 - Administrative claim; when presented; appropriate FEMA office.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Federal Tort Claims Act § 11.11 Administrative claim; when presented; appropriate FEMA office. (a) For the purpose of this part, and the provisions of the Federal Tort Claims Act a claim is deemed to have been... Administrator of the FEMA Regional Office in which is employed the FEMA employee whose negligence or wrongful...

Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

ERIC Educational Resources Information Center

Raddatz, Anita

To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

5 CFR 177.102 - Administrative claim; when presented; appropriate OPM office.

Code of Federal Regulations, 2010 CFR

2010-01-01

... SERVICE REGULATIONS ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.102 Administrative claim... have occurred as a result of the incident. (b) All claims filed under the Federal Tort Claims Act as a result of the alleged negligence or wrongdoing of OPM or its employees will be mailed or delivered to the...

39 CFR 912.9 - Final denial of claim.

Code of Federal Regulations, 2011 CFR

2011-07-01

... with the Chief Counsel, National Tort Center, U.S. Postal Service, P.O. Box 66640, St. Louis, MO 63141... the Chief Counsel, National Tort Center, U.S. Postal Service, P.O. Box 66640, St. Louis, MO 63141-0640. (d) Only one request for reconsideration of a final denial may be filed. A claimant shall have no...

29 CFR 15.2 - What definitions apply to this part?

Code of Federal Regulations, 2013 CFR

2013-07-01

... Labor Office of the Secretary of Labor ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND... Labor, 200 Constitution Avenue NW., Suite S4325, Washington, DC 20210. Telephone and fax numbers for... means the Federal Tort Claims Act, as amended, 28 U.S.C. 1346(b), 28 U.S.C. 2671, et seq. (f) MPCECA...

Torts to contract? Moving from informed consent to shared decision-making.

PubMed

Monico, Edward P; Calise, Arthur; Calabro, Joseph

2008-01-01

Many claims of medical malpractice arise from a breakdown in communication between physician and patient. As a result, medical decision-making may change from an informed consent model to a shared decision-making strategy. Shared decision-making, a contract derivative, will trigger contract obligations and change the face of medical malpractice from tort to contract.

Case-Based Instructional Practices: A Multiple-Case Study from Torts, Marketing, and Online Instructional Design Classes

ERIC Educational Resources Information Center

Jung, Ji yoon

2017-01-01

The purpose of this study is to provide a comprehensive account on case-based instructional practices. Semester-long participant observation records in torts, marketing, and online instructional design classes, instructor interviews, course syllabi and teaching materials were used to describe the within-class complexity of the practices in terms…

24 CFR 880.207 - Property standards.

Code of Federal Regulations, 2012 CFR

2012-04-01

... State and local laws, codes, ordinances and regulations. (g) Smoke detectors—(1) Performance requirement... smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system, designed for hearing-impaired persons...

24 CFR 880.207 - Property standards.

Code of Federal Regulations, 2010 CFR

2010-04-01

... State and local laws, codes, ordinances and regulations. (g) Smoke detectors—(1) Performance requirement... smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system, designed for hearing-impaired persons...

24 CFR 880.207 - Property standards.

Code of Federal Regulations, 2011 CFR

2011-04-01

... State and local laws, codes, ordinances and regulations. (g) Smoke detectors—(1) Performance requirement... smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system, designed for hearing-impaired persons...

24 CFR 880.207 - Property standards.

Code of Federal Regulations, 2014 CFR

2014-04-01

... State and local laws, codes, ordinances and regulations. (g) Smoke detectors—(1) Performance requirement... smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system, designed for hearing-impaired persons...

24 CFR 880.207 - Property standards.

Code of Federal Regulations, 2013 CFR

2013-04-01

... State and local laws, codes, ordinances and regulations. (g) Smoke detectors—(1) Performance requirement... smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system, designed for hearing-impaired persons...

44 CFR 206.118 - Disposal of housing units.

Code of Federal Regulations, 2010 CFR

2010-10-01

..., DEPARTMENT OF HOMELAND SECURITY DISASTER ASSISTANCE FEDERAL DISASTER ASSISTANCE Federal Assistance to..., has a site that complies with local codes and ordinances and part 9 of this Title. (ii) Adjustment to... providing temporary housing to disaster victims in major disasters and emergencies. As a condition of the...

Radiology liability update: review of claims, trends, high-risk conditions and practices, and tort reform alternatives.

PubMed

Thomson, Norman B; Patel, Mohini

2012-10-01

Radiology liability claims data are reviewed to explore the risk for suit and adverse judgments or settlements among radiologists, assess high-risk imaging conditions, and identify high-risk practice issues. Possible medical malpractice tort reform options are reviewed. Copyright © 2012 American College of Radiology. Published by Elsevier Inc. All rights reserved.

The Student-Athlete and the National Collegiate Athletic Association: The Need for a Prima Facie Tort Doctrine

ERIC Educational Resources Information Center

Duckworth, Roy D., III

1975-01-01

In examining whether courts have jurisdiction to hear student-athlete grievances against the National Collegiate Athletic Association (NCAA) the author rejects the position that the NCAA's activities are under cover of state law, and instead proposes that the student-athlete's remedy lies in an action against the NCAA for a prima facie tort. (JT)

Padova Charter on personal injury and damage under civil-tort law : Medico-legal guidelines on methods of ascertainment and criteria of evaluation.

PubMed

Ferrara, Santo Davide; Baccino, Eric; Boscolo-Berto, Rafael; Comandè, Giovanni; Domenici, Ranieri; Hernandez-Cueto, Claudio; Gulmen, Mete Korkut; Mendelson, George; Montisci, Massimo; Norelli, Gian Aristide; Pinchi, Vilma; Ranavaya, Mohammed; Shokry, Dina A; Sterzik, Vera; Vermylen, Yvo; Vieira, Duarte Nuno; Viel, Guido; Zoja, Riccardo

2016-01-01

Compensation for personal damage, defined as any pecuniary or non-pecuniary loss causally related to a personal injury under civil-tort law, is strictly based on the local jurisdiction and therefore varies significantly across the world. This manuscript presents the first "International Guidelines on Medico-Legal Methods of Ascertainment and Criteria of Evaluation of Personal Injury and Damage under Civil-Tort Law". This consensus document, which includes a step-by-step illustrated explanation of flow charts articulated in eight sequential steps and a comprehensive description of the ascertainment methodology and the criteria of evaluation, has been developed by an International Working Group composed of juridical and medico-legal experts and adopted as Guidelines by the International Academy of Legal Medicine (IALM).

Los Alamos radiation transport code system on desktop computing platforms

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

Briesmeister, J.F.; Brinkley, F.W.; Clark, B.A.

The Los Alamos Radiation Transport Code System (LARTCS) consists of state-of-the-art Monte Carlo and discrete ordinates transport codes and data libraries. These codes were originally developed many years ago and have undergone continual improvement. With a large initial effort and continued vigilance, the codes are easily portable from one type of hardware to another. The performance of scientific work-stations (SWS) has evolved to the point that such platforms can be used routinely to perform sophisticated radiation transport calculations. As the personal computer (PC) performance approaches that of the SWS, the hardware options for desk-top radiation transport calculations expands considerably. Themore » current status of the radiation transport codes within the LARTCS is described: MCNP, SABRINA, LAHET, ONEDANT, TWODANT, TWOHEX, and ONELD. Specifically, the authors discuss hardware systems on which the codes run and present code performance comparisons for various machines.« less

3D unstructured-mesh radiation transport codes

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

Morel, J.

1997-12-31

Three unstructured-mesh radiation transport codes are currently being developed at Los Alamos National Laboratory. The first code is ATTILA, which uses an unstructured tetrahedral mesh in conjunction with standard Sn (discrete-ordinates) angular discretization, standard multigroup energy discretization, and linear-discontinuous spatial differencing. ATTILA solves the standard first-order form of the transport equation using source iteration in conjunction with diffusion-synthetic acceleration of the within-group source iterations. DANTE is designed to run primarily on workstations. The second code is DANTE, which uses a hybrid finite-element mesh consisting of arbitrary combinations of hexahedra, wedges, pyramids, and tetrahedra. DANTE solves several second-order self-adjoint forms of the transport equation including the even-parity equation, the odd-parity equation, and a new equation called the self-adjoint angular flux equation. DANTE also offers three angular discretization options:more » $$S{_}n$$ (discrete-ordinates), $$P{_}n$$ (spherical harmonics), and $$SP{_}n$$ (simplified spherical harmonics). DANTE is designed to run primarily on massively parallel message-passing machines, such as the ASCI-Blue machines at LANL and LLNL. The third code is PERICLES, which uses the same hybrid finite-element mesh as DANTE, but solves the standard first-order form of the transport equation rather than a second-order self-adjoint form. DANTE uses a standard $$S{_}n$$ discretization in angle in conjunction with trilinear-discontinuous spatial differencing, and diffusion-synthetic acceleration of the within-group source iterations. PERICLES was initially designed to run on workstations, but a version for massively parallel message-passing machines will be built. The three codes will be described in detail and computational results will be presented.« less

Implementation of radiation shielding calculation methods. Volume 2: Seminar/Workshop notes

NASA Technical Reports Server (NTRS)

Capo, M. A.; Disney, R. K.

1971-01-01

Detailed descriptions are presented of the input data for each of the MSFC computer codes applied to the analysis of a realistic nuclear propelled vehicle. The analytical techniques employed include cross section data, preparation, one and two dimensional discrete ordinates transport, point kernel, and single scatter methods.

77 FR 39731 - Swinomish Indian Tribal Community-Title 15, Chapter 4: Liquor Legalization, Regulation and...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-07-05

... DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Swinomish Indian Tribal Community--Title 15.... ACTION: Notice. SUMMARY: This notice publishes Title 15, Chapter 4: Liquor Legalization, Regulation and... Indian Tribal Community Senate adopted Ordinance No. 296, Enacting Swinomish Tribal Code Title 15...

Discrete ordinates solutions of nongray radiative transfer with diffusely reflecting walls

NASA Technical Reports Server (NTRS)

Menart, J. A.; Lee, Haeok S.; Kim, Tae-Kuk

1993-01-01

Nongray gas radiation in a plane parallel slab bounded by gray, diffusely reflecting walls is studied using the discrete ordinates method. The spectral equation of transfer is averaged over a narrow wavenumber interval preserving the spectral correlation effect. The governing equations are derived by considering the history of multiple reflections between two reflecting wails. A closure approximation is applied so that only a finite number of reflections have to be explicitly included. The closure solutions express the physics of the problem to a very high degree and show relatively little error. Numerical solutions are obtained by applying a statistical narrow-band model for gas properties and a discrete ordinates code. The net radiative wail heat fluxes and the radiative source distributions are obtained for different temperature profiles. A zeroth-degree formulation, where no wall reflection is handled explicitly, is sufficient to predict the radiative transfer accurately for most cases considered, when compared with increasingly accurate solutions based on explicitly tracing a larger number of wail reflections without any closure approximation applied.

Food Preparation Studies

DTIC Science & Technology

1974-11-01

delivery to the satellites. Specialty baked goods such as cakes, brownies, bars, cookies , pies, tortes, and coffee cakes will be made at the CFPF...products (cakes, rolls, brownies, pie crusts, and tortes) will be made with mixes, but cookies , bars, and coffee cakes generally will be made from...scratch. Production of baked goods requires the following specialized equipment: • Planetary mixers • Dough mixers • Sheeters • Pie machines

Sports Law: Tort Liability of the College and University Athletic Department Administrator.

ERIC Educational Resources Information Center

Nolte, M. Chester

A tort is an actionable wrong, other than breach of contract, that the courts will recognize and intervene to equalize. There are three questions the court will ask: Did someone owe someone else a duty? Was there a breach of duty owed? Was the breach the proximate cause of the plaintiff's injury? The grounds for injury actions may be classified as…

Advances in Engineering Software for Lift Transportation Systems

NASA Astrophysics Data System (ADS)

Kazakoff, Alexander Borisoff

2012-03-01

In this paper an attempt is performed at computer modelling of ropeway ski lift systems. The logic in these systems is based on a travel form between the two terminals, which operates with high capacity cabins, chairs, gondolas or draw-bars. Computer codes AUTOCAD, MATLAB and Compaq-Visual Fortran - version 6.6 are used in the computer modelling. The rope systems computer modelling is organized in two stages in this paper. The first stage is organization of the ground relief profile and a design of the lift system as a whole, according to the terrain profile and the climatic and atmospheric conditions. The ground profile is prepared by the geodesists and is presented in an AUTOCAD view. The next step is the design of the lift itself which is performed by programmes using the computer code MATLAB. The second stage of the computer modelling is performed after the optimization of the co-ordinates and the lift profile using the computer code MATLAB. Then the co-ordinates and the parameters are inserted into a program written in Compaq Visual Fortran - version 6.6., which calculates 171 lift parameters, organized in 42 tables. The objective of the work presented in this paper is an attempt at computer modelling of the design and parameters derivation of the rope way systems and their computer variation and optimization.

Combustion chamber analysis code

NASA Technical Reports Server (NTRS)

Przekwas, A. J.; Lai, Y. G.; Krishnan, A.; Avva, R. K.; Giridharan, M. G.

1993-01-01

A three-dimensional, time dependent, Favre averaged, finite volume Navier-Stokes code has been developed to model compressible and incompressible flows (with and without chemical reactions) in liquid rocket engines. The code has a non-staggered formulation with generalized body-fitted-coordinates (BFC) capability. Higher order differencing methodologies such as MUSCL and Osher-Chakravarthy schemes are available. Turbulent flows can be modeled using any of the five turbulent models present in the code. A two-phase, two-liquid, Lagrangian spray model has been incorporated into the code. Chemical equilibrium and finite rate reaction models are available to model chemically reacting flows. The discrete ordinate method is used to model effects of thermal radiation. The code has been validated extensively against benchmark experimental data and has been applied to model flows in several propulsion system components of the SSME and the STME.

The Impact of State Tort Reforms on Imaging Utilization.

PubMed

Li, Suhui; Dor, Avi; Deyo, Darwyyn; Hughes, Danny R

2017-02-01

Defensive medicine, broadly defined as medical practices that protect physicians from malpractice lawsuits without providing benefits to patients, can lead to wasteful use of health care resources and higher cost. Although physicians cite malpractice liability as an important factor driving their decisions to order imaging tests, little research has been done to examine the systematic impact of liability pressure on overall imaging. The authors examined the extent to which radiography use is influenced by malpractice liability pressure among office-based physicians. Using National Ambulatory Medical Care Survey data from 1999 to 2010, the authors used multivariate difference-in-difference logistic regression to examine the effects of different types of state tort reforms on the probability of radiography orders by primary care physicians (PCPs) and specialists. The probability that a PCP ordered radiography decreased when states enacted permanent caps on noneconomic damages (-1.0%, P < .01), periodic payment reforms (-1.6%, P < .05), and the total number of tort reforms (-0.5%, P < .05). Specialist physicians were responsive to two reforms: caps on punitive damages (-6.1%, P < .01) and the total number of medical tort laws (-1.2%, P < .01). The passage of new indirect reforms was found to reduce radiography orders for PCPs (-1.8%, P < .05), and the repeal of indirect reforms was found to increase radiography orders for specialists (+3.4%, P < .01). State tort reform seems to reduce physicians' ordering of radiography. This analysis also suggests that reforms that make it harder to sue physicians have a stronger impact than reforms that directly reduce physicians' malpractice claim payments. Copyright © 2016 American College of Radiology. Published by Elsevier Inc. All rights reserved.

The U.S. Government’s Employment of Private Security Companies Abroad

DTIC Science & Technology

2012-03-14

discharges by PSCs from May 2008 to February 2009. These incidents included reported responses to attacks and negligent discharges.36 Military...ICoC into contracts, enabling the use of contract law, other tort law and applicable criminal law to enforce those standards in court . . . Some...enforcement of these standards through applicable tort and criminal law.97 In conclusion, PSCs will likely remain a part of the Operational

Report of the Tort Policy Working Group on the Causes, Extent and Policy Implications of the Current Crisis in Insurance Availability and Affordability.

ERIC Educational Resources Information Center

Department of Justice, Washington, DC.

Causes and implications of the crisis in liability insurance availability and affordability are discussed in this report. The working group concluded that tort law is a major issue in the insurance crisis and that the federal government can address that issue. The group also concluded that the federal government can do little to remedy other…

Army Medicine and the Law

DTIC Science & Technology

1964-01-01

D. Blood Alcohol Tests and Drunken Drivers E. Hypnosis in the Law F. Lie-Detectors Can Lie! G, Forensic Pathology and the Law H. The Medicolegal...The Federal Tort Claims Act, copyright, 1963. b. Consent to Medical Procedures, copyright 1963. c. Hypnosis in the Law, copyright 1964. d. Blood...Tort Claims Act, copyright 1963. b. Forensic Pathology and the Law, copyright 1964. c. Some Legal Aspects of Military Preventive Medicine, copyright

The fast neutron fluence and the activation detector activity calculations using the effective source method and the adjoint function

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

Hep, J.; Konecna, A.; Krysl, V.

2011-07-01

This paper describes the application of effective source in forward calculations and the adjoint method to the solution of fast neutron fluence and activation detector activities in the reactor pressure vessel (RPV) and RPV cavity of a VVER-440 reactor. Its objective is the demonstration of both methods on a practical task. The effective source method applies the Boltzmann transport operator to time integrated source data in order to obtain neutron fluence and detector activities. By weighting the source data by time dependent decay of the detector activity, the result of the calculation is the detector activity. Alternatively, if the weightingmore » is uniform with respect to time, the result is the fluence. The approach works because of the inherent linearity of radiation transport in non-multiplying time-invariant media. Integrated in this way, the source data are referred to as the effective source. The effective source in the forward calculations method thereby enables the analyst to replace numerous intensive transport calculations with a single transport calculation in which the time dependence and magnitude of the source are correctly represented. In this work, the effective source method has been expanded slightly in the following way: neutron source data were performed with few group method calculation using the active core calculation code MOBY-DICK. The follow-up neutron transport calculation was performed using the neutron transport code TORT to perform multigroup calculations. For comparison, an alternative method of calculation has been used based upon adjoint functions of the Boltzmann transport equation. Calculation of the three-dimensional (3-D) adjoint function for each required computational outcome has been obtained using the deterministic code TORT and the cross section library BGL440. Adjoint functions appropriate to the required fast neutron flux density and neutron reaction rates have been calculated for several significant points within the RPV and RPV cavity of the VVER-440 reacto rand located axially at the position of maximum power and at the position of the weld. Both of these methods (the effective source and the adjoint function) are briefly described in the present paper. The paper also describes their application to the solution of fast neutron fluence and detectors activities for the VVER-440 reactor. (authors)« less

Goal Attainment Scaling as an Outcome Measure in Randomized Controlled Trials of Psychosocial Interventions in Autism

ERIC Educational Resources Information Center

Ruble, Lisa; McGrew, John H.; Toland, Michael D.

2012-01-01

Goal attainment scaling (GAS) holds promise as an idiographic approach for measuring outcomes of psychosocial interventions in community settings. GAS has been criticized for untested assumptions of scaling level (i.e., interval or ordinal), inter-individual equivalence and comparability, and reliability of coding across different behavioral…

75 FR 39960 - Alcoholic Beverage Control Ordinance, Salt River Pima-Maricopa Indian Community (SRPMIC)

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-13

... beverages at certain restaurants within the community. DATES: Effective Date: This Code is effective as of... Initiative Vote of the People Regarding the Sale of Alcoholic Beverages at Certain Restaurants Within the... Premises, regardless of whether the sales of Alcoholic Beverages are made under a Restaurant License issued...

Project Fever - Fostering Electric Vehicle Expansion in the Rockies

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

Swalnick, Natalia

2013-06-30

Project FEVER (Fostering Electric Vehicle Expansion in the Rockies) is a part of the Clean Cities Community Readiness and Planning for Plug-in Electric Vehicles and Charging Infrastructure Funding Opportunity funded by the U.S. Department of Energy (DOE) for the state of Colorado. Tasks undertaken in this project include: Electric Vehicle Grid Impact Assessment; Assessment of Electrical Permitting and Inspection for EV/EVSE (electric vehicle/electric vehicle supply equipment); Assessment of Local Ordinances Pertaining to Installation of Publicly Available EVSE;Assessment of Building Codes for EVSE; EV Demand and Energy/Air Quality Impacts Assessment; State and Local Policy Assessment; EV Grid Impact Minimization Efforts; Unificationmore » and Streamlining of Electrical Permitting and Inspection for EV/EVSE; Development of BMP for Local EVSE Ordinances; Development of BMP for Building Codes Pertaining to EVSE; Development of Colorado-Specific Assessment for EV/EVSE Energy/Air Quality Impacts; Development of State and Local Policy Best Practices; Create Final EV/EVSE Readiness Plan; Develop Project Marketing and Communications Elements; Plan and Schedule In-person Education and Outreach Opportunities.« less

Introduction to the Tort of Negligence as It Pertains to the Medical Office. Medical Law and Economics, Lesson Plan No. 3.

ERIC Educational Resources Information Center

Young, Joan

Designed as part of a 40-hour course in medical law and economics, this lesson plan was developed to enable students to: (1) define and give examples of the tort of negligence in the medical profession; (2) distinguish between and give examples of personal and professional negligence; (3) be able to identify, for a given situation, the three major…

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

PubMed

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-04-07

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

Managing moral hazard in motor vehicle accident insurance claims.

PubMed

Ebrahim, Shanil; Busse, Jason W; Guyatt, Gordon H; Birch, Stephen

2013-05-01

Motor vehicle accident (MVA) insurance in Canada is based primarily on two different compensation systems: (i) no-fault, in which policyholders are unable to seek recovery for losses caused by other parties (unless they have specified dollar or verbal thresholds) and (ii) tort, in which policyholders may seek general damages. As insurance companies pay for MVA-related health care costs, excess use of health care services may occur as a result of consumers' (accident victims) and/or producers' (health care providers) behavior - often referred to as the moral hazard of insurance. In the United States, moral hazard is greater for low dollar threshold no-fault insurance compared with tort systems. In Canada, high dollar threshold or pure no-fault versus tort systems are associated with faster patient recovery and reduced MVA claims. These findings suggest that high threshold no-fault or pure no-fault compensation systems may be associated with improved outcomes for patients and reduced moral hazard.

Autonomy, Affinity, and the Assessment of Damages: Acb v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028.

PubMed

Purshouse, Craig

2017-11-17

In ACB v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028, the idea that 'lost autonomy' should be recognised as a new form of actionable damage in the tort of negligence was rejected in Singapore and England, respectively. This, it will be argued, was the correct outcome. Protecting an interest in autonomy via the tort of negligence would undermine the coherence of that tort. In ACB, however, a new, different, form of damage was recognised: loss of 'genetic affinity'. This commentary will discuss some problems that protecting an interest in 'genetic affinity' raises before critiquing the approach to assessing damages in ACB. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

PubMed Central

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-01-01

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

Shielding Analyses for VISION Beam Line at SNS

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

Popova, Irina; Gallmeier, Franz X

2014-01-01

Full-scale neutron and gamma transport analyses were performed to design shielding around the VISION beam line, instrument shielding enclosure, beam stop, secondary shutter including a temporary beam stop for the still closed neighboring beam line to meet requirement is to achieve dose rates below 0.25 mrem/h at 30 cm from the shielding surface. The beam stop and the temporary beam stop analyses were performed with the discrete ordinate code DORT additionally to Monte Carlo analyses with the MCNPX code. Comparison of the results is presented.

Skyshine radiation from a pressurized water reactor containment dome

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

Peng, W.H.

1986-06-01

The radiation dose rates resulting from airborne activities inside a postaccident pressurized water reactor containment are calculated by a discrete ordinates/Monte Carlo combined method. The calculated total dose rates and the skyshine component are presented as a function of distance from the containment at three different elevations for various gamma-ray source energies. The one-dimensional (ANISN code) is used to approximate the skyshine dose rates from the hemisphere dome, and the results are compared favorably to more rigorous results calculated by a three-dimensional Monte Carlo code.

Collaborative research and action to control the geographic placement of outdoor advertising of alcohol and tobacco products in Chicago.

PubMed

Hackbarth, D P; Schnopp-Wyatt, D; Katz, D; Williams, J; Silvestri, B; Pfleger, M

2001-01-01

Community activists in Chicago believed their neighborhoods were being targeted by alcohol and tobacco outdoor advertisers, despite the Outdoor Advertising Association of America's voluntary code of principles, which claims to restrict the placement of ads for age-restricted products and prevent billboard saturation of urban neighborhoods. A research and action plan resulted from a 10-year collaborative partnership among Loyola University Chicago, the American Lung Association of Metropolitan Chicago (ALAMC), and community activists from a predominately African American church, St. Sabina Parish. In 1997 Loyola University and ALAMC researchers conducted a cross-sectional prevalence survey of alcohol and tobacco outdoor advertising. Computer mapping was used to locate all 4,247 licensed billboards in Chicago that were within 500- and 1,000-foot radiuses of schools, parks, and playlots. A 50% sample of billboards was visually surveyed and coded for advertising content. The percentage of alcohol and tobacco billboards within the 500- and 1,000-foot zones ranged from 0% to 54%. African American and Hispanic neighborhoods were disproportionately targeted for outdoor advertising of alcohol and tobacco. Data were used to convince the Chicago City Council to pass one of the nation's toughest anti-alcohol and tobacco billboard ordinances, based on zoning rather than advertising content. The ordinance was challenged in court by advertisers. Recent Supreme Court rulings made enactment of local billboard ordinances problematic. Nevertheless, the research, which resulted in specific legislative action, demonstrated the importance of linkages among academic, practice, and grassroots community groups in working together to diminish one of the social causes of health disparities.

Proximity Analysis and the Structure of Organization in Free Recall.

ERIC Educational Resources Information Center

Friendly, Michael L.

A method for assessing the structure of organization was developed on the basis of the ordinal separation, or proximity, between pairs ot items in recall protocols over a series of trials. The proximity measure is based on the assumption, common to all indices of organization, that items which are coded together in subjective memory units will…

Radiative transfer code SHARM for atmospheric and terrestrial applications

NASA Astrophysics Data System (ADS)

Lyapustin, A. I.

2005-12-01

An overview of the publicly available radiative transfer Spherical Harmonics code (SHARM) is presented. SHARM is a rigorous code, as accurate as the Discrete Ordinate Radiative Transfer (DISORT) code, yet faster. It performs simultaneous calculations for different solar zenith angles, view zenith angles, and view azimuths and allows the user to make multiwavelength calculations in one run. The Δ-M method is implemented for calculations with highly anisotropic phase functions. Rayleigh scattering is automatically included as a function of wavelength, surface elevation, and the selected vertical profile of one of the standard atmospheric models. The current version of the SHARM code does not explicitly include atmospheric gaseous absorption, which should be provided by the user. The SHARM code has several built-in models of the bidirectional reflectance of land and wind-ruffled water surfaces that are most widely used in research and satellite data processing. A modification of the SHARM code with the built-in Mie algorithm designed for calculations with spherical aerosols is also described.

Radiative transfer code SHARM for atmospheric and terrestrial applications.

PubMed

Lyapustin, A I

2005-12-20

An overview of the publicly available radiative transfer Spherical Harmonics code (SHARM) is presented. SHARM is a rigorous code, as accurate as the Discrete Ordinate Radiative Transfer (DISORT) code, yet faster. It performs simultaneous calculations for different solar zenith angles, view zenith angles, and view azimuths and allows the user to make multiwavelength calculations in one run. The Delta-M method is implemented for calculations with highly anisotropic phase functions. Rayleigh scattering is automatically included as a function of wavelength, surface elevation, and the selected vertical profile of one of the standard atmospheric models. The current version of the SHARM code does not explicitly include atmospheric gaseous absorption, which should be provided by the user. The SHARM code has several built-in models of the bidirectional reflectance of land and wind-ruffled water surfaces that are most widely used in research and satellite data processing. A modification of the SHARM code with the built-in Mie algorithm designed for calculations with spherical aerosols is also described.

Patient Safety and the Malpractice System.

PubMed

Swift, James Q

2017-05-01

The cost of health care in the United States and malpractice insurance has escalated greatly over the past 30 years. In an ideal world, the goals of the tort system would be aligned with efforts at improving safety. In fact, there is little evidence that the tort system and the processes of risk management and informed consent have improved patient safety. This article explores the disunion between patient safety and the malpractice system. Copyright © 2016 Elsevier Inc. All rights reserved.

Federal Tort Claims Act.

DTIC Science & Technology

1998-04-01

Miller v. United States, 932 F.2d 301 (4th Cir. 1991) (decedent knew of alleged delay in diagnosing breast cancer in 1984; SOL started in 1984 under...When the patient returned a year later for his annual physical, the tumor was much larger and was diagnosed as malignant. He died of cancer the...when she was told that her husband died of lung cancer . The Court of Appeals reversed and held that "[t]he cause of which a federal tort claimant must

Health courts: an alternative to traditional tort law.

PubMed

Miller, Lisa A

2011-01-01

The current adversarial tort-based system of adjudicating malpractice claims is flawed. Alternate methods of compensation for birth injuries related to oxygen deprivation or mechanical injury are being utilized in Virginia and Florida. Although utilization of both of these schemes is limited, and they are not without problems in application, both have been successful in reducing the number of malpractice claims in the tort system and in reducing malpractice premiums. While the Florida and Virginia programs are primarily focused on compensation, other models outside the US focus include compensation as well as enhanced dispute resolution and potential for clinical practice change through peer review. Experts in the fields of law and public policy in the United States have evaluated a variety of approaches and have proposed models for administrative health courts that would provide both compensation and dispute resolution for medical and nursing malpractice claims. These alternative models are based on transparency and disclosure, with just compensation for injuries, and opportunities for improvements in patient safety.

Community-level policy responses to state marijuana legalization in Washington State.

PubMed

Dilley, Julia A; Hitchcock, Laura; McGroder, Nancy; Greto, Lindsey A; Richardson, Susan M

2017-04-01

Washington State (WA) legalized a recreational marijuana market - including growing, processing and retail sales - through voter initiative 502 in November 2012. Legalized recreational marijuana retail sales began in July 2014. In response to state legalization of recreational marijuana, some cities and counties within the state have passed local ordinances that either further regulated marijuana markets, or banned them completely. The purpose of this study is to describe local-level marijuana regulations on recreational retail sales within the context of a state that had legalized a recreational marijuana market. Marijuana-related ordinances were collected from all 142 cities in the state with more than 3000 residents and from all 39 counties. Policies that were in place as of June 30, 2016 - two years after the state's recreational market opening - to regulate recreational marijuana retail sales within communities were systematically coded. A total of 125 cities and 30 counties had passed local ordinances to address recreational marijuana retail sales. Multiple communities implemented retail market bans, including some temporary bans (moratoria) while studying whether to pursue other policy options. As of June 30, 2016, 30% of the state population lived in places that had temporarily or permanently banned retail sales. Communities most frequently enacted zoning policies explicitly regulating where marijuana businesses could be established. Other policies included in ordinances placed limits on business hours and distance requirements (buffers) between marijuana businesses and youth-related land use types or other sensitive areas. State legalization does not necessarily result in uniform community environments that regulate recreational marijuana markets. Local ordinances vary among communities within Washington following statewide legalization. Further study is needed to describe how such local policies affect variation in public health and social outcomes. Copyright © 2017 Elsevier B.V. All rights reserved.

Community-level policy responses to state marijuana legalization in Washington State

PubMed Central

Dilley, Julia A.; Hitchcock, Laura; McGroder, Nancy; Greto, Lindsey A.; Richardson, Susan M.

2017-01-01

Background Washington State (WA) legalized a recreational marijuana market -- including growing, processing and retail sales -- through voter initiative 502 in November 2012. Legalized recreational marijuana retail sales began in July 2014. In response to state legalization of recreational marijuana, some cities and counties within the state have passed local ordinances that either further regulated marijuana markets, or banned them completely. The purpose of this study is to describe local-level marijuana regulations on recreational retail sales within the context of a state that had legalized a recreational marijuana market. Methods Marijuana-related ordinances were collected from all 142 cities in the state with more than 3,000 residents and from all 39 counties. Policies that were in place as of June 30, 2016 - two years after the state’s recreational market opening - to regulate recreational marijuana retail sales within communities were systematically coded. Results A total of 125 cities and 30 counties had passed local ordinances to address recreational marijuana retail sales. Multiple communities implemented retail market bans, including some temporary bans (moratoria) while studying whether to pursue other policy options. As of June 30, 2016, 30% of the state population lived in places that had temporarily or permanently banned retail sales. Communities most frequently enacted zoning policies explicitly regulating where marijuana businesses could be established. Other policies included in ordinances placed limits on business hours and distance requirements (buffers) between marijuana businesses and youth-related land use types or other sensitive areas. Conclusions State legalization does not necessarily result in uniform community environments that regulate recreational marijuana markets. Local ordinances vary among communities within Washington following statewide legalization. Further study is needed to describe how such local policies affect variation in public health and social outcomes. PMID:28365192

Ex-vessel neutron dosimetry analysis for westinghouse 4-loop XL pressurized water reactor plant using the RadTrack{sup TM} Code System with the 3D parallel discrete ordinates code RAPTOR-M3G

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

Chen, J.; Alpan, F. A.; Fischer, G.A.

2011-07-01

Traditional two-dimensional (2D)/one-dimensional (1D) SYNTHESIS methodology has been widely used to calculate fast neutron (>1.0 MeV) fluence exposure to reactor pressure vessel in the belt-line region. However, it is expected that this methodology cannot provide accurate fast neutron fluence calculation at elevations far above or below the active core region. A three-dimensional (3D) parallel discrete ordinates calculation for ex-vessel neutron dosimetry on a Westinghouse 4-Loop XL Pressurized Water Reactor has been done. It shows good agreement between the calculated results and measured results. Furthermore, the results show very different fast neutron flux values at some of the former plate locationsmore » and elevations above and below an active core than those calculated by a 2D/1D SYNTHESIS method. This indicates that for certain irregular reactor internal structures, where the fast neutron flux has a very strong local effect, it is required to use a 3D transport method to calculate accurate fast neutron exposure. (authors)« less

Comparison of alternate scoring of variables on the performance of the frailty index

PubMed Central

2014-01-01

Background The frailty index (FI) is used to measure the health status of ageing individuals. An FI is constructed as the proportion of deficits present in an individual out of the total number of age-related health variables considered. The purpose of this study was to systematically assess whether dichotomizing deficits included in an FI affects the information value of the whole index. Methods Secondary analysis of three population-based longitudinal studies of community dwelling individuals: Nova Scotia Health Survey (NSHS, n = 3227 aged 18+), Survey of Health, Ageing and Retirement in Europe (SHARE, n = 37546 aged 50+), and Yale Precipitating Events Project (Yale-PEP, n = 754 aged 70+). For each dataset, we constructed two FIs from baseline data using the deficit accumulation approach. In each dataset, both FIs included the same variables (23 in NSHS, 70 in SHARE, 33 in Yale-PEP). One FI was constructed with only dichotomous values (marking presence or absence of a deficit); in the other FI, as many variables as possible were coded as ordinal (graded severity of a deficit). Participants in each study were followed for different durations (NSHS: 10 years, SHARE: 5 years, Yale PEP: 12 years). Results Within each dataset, the difference in mean scores between the ordinal and dichotomous-only FIs ranged from 0 to 1.5 deficits. Their ability to predict mortality was identical; their absolute difference in area under the ROC curve ranged from 0.00 to 0.02, and their absolute difference between Cox Hazard Ratios ranged from 0.001 to 0.009. Conclusions Analyses from three diverse datasets suggest that variables included in an FI can be coded either as dichotomous or ordinal, with negligible impact on the performance of the index in predicting mortality. PMID:24559204

Radiation shielding evaluation of the BNCT treatment room at THOR: a TORT-coupled MCNP Monte Carlo simulation study.

PubMed

Chen, A Y; Liu, Y-W H; Sheu, R J

2008-01-01

This study investigates the radiation shielding design of the treatment room for boron neutron capture therapy at Tsing Hua Open-pool Reactor using "TORT-coupled MCNP" method. With this method, the computational efficiency is improved significantly by two to three orders of magnitude compared to the analog Monte Carlo MCNP calculation. This makes the calculation feasible using a single CPU in less than 1 day. Further optimization of the photon weight windows leads to additional 50-75% improvement in the overall computational efficiency.

GPU accelerated simulations of 3D deterministic particle transport using discrete ordinates method

NASA Astrophysics Data System (ADS)

Gong, Chunye; Liu, Jie; Chi, Lihua; Huang, Haowei; Fang, Jingyue; Gong, Zhenghu

2011-07-01

Graphics Processing Unit (GPU), originally developed for real-time, high-definition 3D graphics in computer games, now provides great faculty in solving scientific applications. The basis of particle transport simulation is the time-dependent, multi-group, inhomogeneous Boltzmann transport equation. The numerical solution to the Boltzmann equation involves the discrete ordinates ( Sn) method and the procedure of source iteration. In this paper, we present a GPU accelerated simulation of one energy group time-independent deterministic discrete ordinates particle transport in 3D Cartesian geometry (Sweep3D). The performance of the GPU simulations are reported with the simulations of vacuum boundary condition. The discussion of the relative advantages and disadvantages of the GPU implementation, the simulation on multi GPUs, the programming effort and code portability are also reported. The results show that the overall performance speedup of one NVIDIA Tesla M2050 GPU ranges from 2.56 compared with one Intel Xeon X5670 chip to 8.14 compared with one Intel Core Q6600 chip for no flux fixup. The simulation with flux fixup on one M2050 is 1.23 times faster than on one X5670.

Application of the first collision source method to CSNS target station shielding calculation

NASA Astrophysics Data System (ADS)

Zheng, Ying; Zhang, Bin; Chen, Meng-Teng; Zhang, Liang; Cao, Bo; Chen, Yi-Xue; Yin, Wen; Liang, Tian-Jiao

2016-04-01

Ray effects are an inherent problem of the discrete ordinates method. RAY3D, a functional module of ARES, which is a discrete ordinates code system, employs a semi-analytic first collision source method to mitigate ray effects. This method decomposes the flux into uncollided and collided components, and then calculates them with an analytical method and discrete ordinates method respectively. In this article, RAY3D is validated by the Kobayashi benchmarks and applied to the neutron beamline shielding problem of China Spallation Neutron Source (CSNS) target station. The numerical results of the Kobayashi benchmarks indicate that the solutions of DONTRAN3D with RAY3D agree well with the Monte Carlo solutions. The dose rate at the end of the neutron beamline is less than 10.83 μSv/h in the CSNS target station neutron beamline shutter model. RAY3D can effectively mitigate the ray effects and obtain relatively reasonable results. Supported by Major National S&T Specific Program of Large Advanced Pressurized Water Reactor Nuclear Power Plant (2011ZX06004-007), National Natural Science Foundation of China (11505059, 11575061), and the Fundamental Research Funds for the Central Universities (13QN34).

It is easier to confuse a jury than convince a judge: the crisis in medical malpractice.

PubMed

Epstein, Nancy E

2002-11-15

A study of cervical spine malpractice cases was conducted. Identifying tort reform models may help to resolve a crisis in medical malpractice. To identify tort reform models that may help to resolve a crisis in medical malpractice. Medical malpractice faces a crisis. Insurance rates are exorbitant, yet many injured patients go uncompensated. Physicians practice defensive medicine for fear of suits, and society pays the price. Using, 36 malpractice cases involving cervical spine surgery were identified: 20 from California ($250,000 cap on pain and suffering) and 16 from New York ("the sky's the limit"). Queries included who sued, who was sued, who won, who lost, and why? Six different tort reform models also were identified and explored. Common bases for suits included failure to diagnose and treatment (56%), lack of informed consent (64%), new neurologic deficits (64%), and pain and suffering (72%). All of the six plaintiff verdicts (average, $4.42 million) and four of the nine settlements (average, $1.6 million) involving surgery that resulted in new postoperative quadriplegia appeared to be appropriate. However, the author could discern "no fault" in cases five defendants had settled, and the surgeons did not deserve to lose. On the other hand, the author found "fault" in five defense verdicts rendered to three newly quadriplegic patients and two with new postoperative root injuries. These patients deserved monetary awards, but received no compensation whatsoever. There currently are two models that would work better than the system in place in most states. These include the American Medical Association National Specialty Societies Medical Liability Project with the Alternative Dispute Resolution Model (SSMLP), and the Selective No Fault Models. Among the advantages shared by one or more of these models is their ability to reimburse injured patients while eliminating physician liability, to use malpractice panels rather than trials, and to put a cap on damages. To solve the medical malpractice crisis, Congress, the individual states, or both should adopt tort reform. Two tort reform models compensating injured patients and eliminating physician liability appear to be not only effective but also fair to all concerned parties.

Maternity care and liability: least promising policy strategies for improvement.

PubMed

Sakala, Carol; Yang, Y Tony; Corry, Maureen P

2013-01-01

The present liability system is not serving well childbearing women and newborns, maternity care clinicians, or those who pay for maternity care. Examination of evidence about the impact of this system on maternity care led us to identify seven aims for a high-functioning liability system in this clinical context. Herein, we identify policy strategies that are unlikely to meet the proposed criteria and contribute to needed improvements. A companion paper considers more promising strategies. We considered whether 25 strategies that have been used or proposed for improvement have met or could meet the seven aims. We used a best available evidence approach and drew on more recent empirical legal studies and health services research about maternity care and liability, when available, and considered other studies when unavailable. Fifteen strategies seem to have little potential to improve liability matters in maternity care. Despite support for capping non-economic damages, a series of studies has found a modest impact at best on maternity care. Maternity-specific studies also do not lend support to tort reforms collectively and several other specific tort reforms. Some tort alternative and liability insurance reform strategies have narrow aims and are not policy priorities. Caps on non-economic damages and other tort reforms have narrow aims and have been marginally effective at best in the context of maternity care. Several other possible reforms similarly are not promising. Continued focus on these strategies is unlikely to result in the high-performing liability system that maternity care stakeholders need. Copyright © 2013 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

Medical malpractice in American urology: 22-year national review of the impact of caps and implications for contemporary practice.

PubMed

Hsieh, Michael H; Tan, Arthur G; Meng, Maxwell V

2008-05-01

Of the economic pressures on physicians practicing in the United States medical malpractice and associated costs are a major component. State tort reform in the form of caps on noneconomic awards has been pursued to control insurance premiums and improve patient access to care. We comprehensively examined jury verdicts involving urologists and determined the nature of these cases and their relationship to changes in tort reform. We searched the LexisNexis database for all malpractice cases involving urologists using the search terms urologist and malpractice. The query included all cases between 1984 and 2005, which were categorized by state, year, amount and the nature of the injury. We identified 322 jury verdict cases, of which 175 (54%) were in favor of the defendant. In states with caps the median verdict settlement within or outside the periods of caps was $350,000 and $150,000, respectively. States without caps had a median verdict or settlement of $491,500. However, the number of suits and the size of the verdict/settlement in states with and without caps during this period did not appear to be related to tort reform. Common clinical situations, such as prostate cancer and transurethral prostate resection, accounted for most suits. Although the concept and goals of malpractice caps seem desirable, there is little evidence that decreased physician premiums and improved access to care have been achieved via tort reform. Thus, while state and national legislative efforts to limit the economic burden on urologists continue, the specialty of urology must look to other approaches to improve the situation.

An Asymmetry-to-Symmetry Switch in Signal Transmission by the Histidine Kinase Receptor for TMAO

PubMed Central

Moore, Jason O.; Hendrickson, Wayne A.

2012-01-01

Summary The osmoregulator trimethylamine-N-oxide (TMAO), commonplace in aquatic organisms, is used as the terminal electron acceptor for respiration in many bacterial species. The TMAO reductase (Tor) pathway for respiratory catalysis is controlled by a receptor system that comprises the TMAO-binding protein TorT, the sensor histidine kinase TorS and the response regulator TorR. Here we study the TorS/TorT sensor system to gain mechanistic insight into signaling by histidine kinase receptors. We determined crystal structures for complexes of TorS sensor domains with apo TorT and with TorT(TMAO); we characterized TorS sensor associations with TorT in solution; we analyzed the thermodynamics of TMAO binding to TorT-TorS complexes; and we analyzed in vivo responses to TMAO through the TorT/TorS/TorR system to test structure-inspired hypotheses. TorS-TorT(apo) is an asymmetric 2:2 complex that binds TMAO with negative cooperativity to form a symmetric active kinase. PMID:22483119

MCNP capabilities for nuclear well logging calculations

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

Forster, R.A.; Little, R.C.; Briesmeister, J.F.

The Los Alamos Radiation Transport Code System (LARTCS) consists of state-of-the-art Monte Carlo and discrete ordinates transport codes and data libraries. This paper discusses how the general-purpose continuous-energy Monte Carlo code MCNP ({und M}onte {und C}arlo {und n}eutron {und p}hoton), part of the LARTCS, provides a computational predictive capability for many applications of interest to the nuclear well logging community. The generalized three-dimensional geometry of MCNP is well suited for borehole-tool models. SABRINA, another component of the LARTCS, is a graphics code that can be used to interactively create a complex MCNP geometry. Users can define many source and tallymore » characteristics with standard MCNP features. The time-dependent capability of the code is essential when modeling pulsed sources. Problems with neutrons, photons, and electrons as either single particle or coupled particles can be calculated with MCNP. The physics of neutron and photon transport and interactions is modeled in detail using the latest available cross-section data.« less

Liability for medical malpractice--recent New Zealand developments.

PubMed

Sladden, Nicola; Graydon, Sarah

2009-03-01

Over the last 30 years in New Zealand, civil liability for personal injury including "medical malpractice" has been most notable for its absence. The system of accident compensation and the corresponding bar on personal injury claims has been an interesting contrast to the development of tort law claims for personal injury in other jurisdictions. The Health and Disability Commissioner was appointed in 1994 to protect and promote the rights of health and disability consumers as set out in the Code of Health and Disability Services Consumers' Rights. An important right in the Code, in terms of an equivalent to the common law duty to take reasonable care, is that patients have the right to services of an appropriate standard. Several case studies from the Commissioner's Office are used to illustrate New Zealand's unique medico-legal system and demonstrate how the traditional common law obligation of reasonable care and skill is applied. From an international perspective, the most interesting aspect of liability for medical malpractice in New Zealand is its relative absence - in a tortious sense anyway. This paper will give some general background on the New Zealand legal landscape and discuss recent case studies of interest.

Diagnostic imaging rates for head injury in the ED and states' medical malpractice tort reforms.

PubMed

Smith-Bindman, Rebecca; McCulloch, Charles E; Ding, Alexander; Ding, Alex; Quale, Christopher; Chu, Philip W

2011-07-01

Physicians' fears of being sued may lead to defensive medical practices, such as ordering nonindicated medical imaging. We investigated the association between states' medical malpractice tort reforms and neurologic imaging rates for patients seen in the emergency department with mild head trauma. We assessed neurologic imaging among a national sample of 8588 women residing in 10 US states evaluated in an emergency setting for head injury between January 1, 1992, and December 31, 2001. We assessed the odds of imaging as it varied by the enactment of medical liability reform laws. The medical liability reform laws were significantly associated with the likelihood of imaging. States with laws that limited monetary damages (odds ratio [OR], 0.63; 95% confidence interval [CI], 0.40-0.99), mandated periodic award payments (OR, 0.64; 95% CI, 0.43-0.97), or specified collateral source offset rules (OR, 0.62; 95% CI, 0.40-0.96) had an approximately 40% lower odds of imaging, whereas states that had laws that limited attorney's contingency fees had significantly higher odds of imaging (OR, 1.5; 95% CI, 0.99-2.4), compared to states without these laws. When we used a summation of the number of laws in place, the greater the number of laws, the lower the odds of imaging. In the multivariate analysis, after adjusting for individual and community factors, the total number of laws remained significantly associated with the odds of imaging, and the effect of the individual laws was attenuated, but not eliminated. The tort reforms we examined were associated with the propensity to obtain neurologic imaging. If these results are confirmed in larger studies, tort reform might mitigate defensive medical practices. Copyright © 2011 Elsevier Inc. All rights reserved.

Medical Malpractice Damage Caps and Provider Reimbursement.

PubMed

Friedson, Andrew I

2017-01-01

A common state legislative maneuver to combat rising healthcare costs is to reform the tort system by implementing caps on noneconomic damages awardable in medical malpractice cases. Using the implementation of caps in several states and large database of private insurance claims, I estimate the effect of damage caps on the amount providers charge to insurance companies as well as the amount that insurance companies reimburse providers for medical services. The amount providers charge insurers is unresponsive to tort reform, but the amount that insurers reimburse providers decreases for some procedures. Copyright © 2015 John Wiley & Sons, Ltd. Copyright © 2015 John Wiley & Sons, Ltd.

The impact of Wyeth v. Levine on FDA regulation of prescription drugs.

PubMed

Ausness, Richard C

2010-01-01

In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This Article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. The Article first discusses the preemption doctrine and its application to state law tort claims against product manufacturers. It then reviews the history of implied preemption of tort claims against manufacturers of FDA-approved prescription drugs prior to Wyeth and then discusses the Wyeth decisions in the Vermont Supreme Court and the United States Supreme Court. Finally, the Article evaluates some of the prescription drug preemption cases that have been decided in the lower federal courts since Wyeth and suggests that these courts are now reluctant to preempt failure to warn claims unless a manufacturer affirmatively seeks permission from FDA to change a drug's labeling.

Posttraumatic stress disorder in tort actions: forensic minefield.

PubMed

Sparr, L F; Boehnlein, J K

1990-01-01

The authors discuss posttraumatic stress disorder (PTSD) as a basis for personal injury litigation. Three case examples raise issues related to: (1) the controversy surrounding expansion of tort liability, (2) the courtroom use of psychiatric nomenclature as represented in the DSM (e.g., PTSD), and (3) ethical concerns regarding psychiatric expert witnesses. Psychiatrists became easy targets when problems related to personal injury "stress" cases developed. A careful analysis, however, demonstrates that the issues are complex and multifaceted. For example, tort liability expansion was primarily instituted to compel a greater provision of liability insurance, not to reward stress claims. The increasing use of psychiatry's DSM in the courtroom has occurred despite explicit precautions against forensic application. Finally, the need for psychiatric expert witnesses has increased because courts have gradually usurped some psychiatric clinical prerogatives and because there has been a trend toward greater consideration of emotional pain and suffering. Although psychiatric expert witnesses have not been beyond reproach, critics have attempted to impeach the entire psychiatric profession for the questionable actions of the minority. The authors provide a detailed analysis of current problems, offer suggestions for improvement, and provide an educational counterpoint to the "hysterical invective" that often greets psychiatric testimony.

WWER-1000 core and reflector parameters investigation in the LR-0 reactor

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

Zaritsky, S. M.; Alekseev, N. I.; Bolshagin, S. N.

2006-07-01

Measurements and calculations carried out in the core and reflector of WWER-1000 mock-up are discussed: - the determination of the pin-to-pin power distribution in the core by means of gamma-scanning of fuel pins and pin-to-pin calculations with Monte Carlo code MCU-REA and diffusion codes MOBY-DICK (with WIMS-D4 cell constants preparation) and RADAR - the fast neutron spectra measurements by proton recoil method inside the experimental channel in the core and inside the channel in the baffle, and corresponding calculations in P{sub 3}S{sub 8} approximation of discrete ordinates method with code DORT and BUGLE-96 library - the neutron spectra evaluations (adjustment)more » in the same channels in energy region 0.5 eV-18 MeV based on the activation and solid state track detectors measurements. (authors)« less

Neutron skyshine from intense 14-MeV neutron source facility

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

Nakamura, T.; Hayashi, K.; Takahashi, A.

1985-07-01

The dose distribution and the spectrum variation of neutrons due to the skyshine effect have been measured with the high-efficiency rem counter, the multisphere spectrometer, and the NE-213 scintillator in the environment surrounding an intense 14-MeV neutron source facility. The dose distribution and the energy spectra of neutrons around the facility used as a skyshine source have also been measured to enable the absolute evaluation of the skyshine effect. The skyshine effect was analyzed by two multigroup Monte Carlo codes, NIMSAC and MMCR-2, by two discrete ordinates S /sub n/ codes, ANISN and DOT3.5, and by the shield structure designmore » code for skyshine, SKYSHINE-II. The calculated results show good agreement with the measured results in absolute values. These experimental results should be useful as benchmark data for shyshine analysis and for shielding design of fusion facilities.« less

No-Fault Malpractice Insurance

PubMed Central

Bush, J. W.; Chen, M. M.; Bush, A. S.

1975-01-01

No-fault medical malpractice insurance has been proposed as an alternative to the present tort liability approach. Statistical examination of the concept of proximate cause reveals not only that the question of acceptable care, and therefore of fault, is unavoidable in identifying patients deserving compensation, but also that specifying fault in an individual case is scientifically untenable. A simple formula for a Coefficient of Causality clarifies the question of proximate cause in existing trial practices and suggests that many of the threats associated with malpractice suits arise from the structure of the tort-insurance system rather than from professional responsibility for medical injury. The concepts could provide the basis for a revised claims and compensation procedure. PMID:1146300

Decriminalisation of abortion performed by qualified health practitioners under the Abortion Law Reform Act 2008 (Vic).

PubMed

Mendelson, Danuta

2012-06-01

In 2008, the Victorian Parliament enacted the Abortion Law Reform Act 2008 (Vic) and amended the Crimes Act 1958 (Vic) to decriminalise terminations of pregnancy while making it a criminal offence for unqualified persons to carry out such procedures. The reform legislation has imposed a civil regulatory regime on the management of abortions, and has stipulated particular statutory duties of care for registered qualified health care practitioners who have conscientious objections to terminations of pregnancy. The background to, and the structure of, this novel statutory regime is examined, with a focus on conscientious objection clauses and liability in the tort of negligence and the tort of breach of statutory duty.

Sovereign immunity: Principles and application in medical malpractice.

PubMed

Suk, Michael

2012-05-01

Tort law seeks accountability when parties engage in negligent conduct, and aims to compensate the victims of such conduct. An exception to this general rule governing medical negligence is the doctrine of sovereign immunity. Historically, individuals acting under the authority of the government or other sovereign entity had almost complete protection against tort liability. This article addressed the following: (1) the development of sovereign immunity in law, (2) the lasting impact of the Federal Tort Claims Act on sovereign immunity, and (3) the contemporary application of sovereign immunity to medical malpractice, using case examples from Virginia and Florida. I performed an Internet search to identify sources that addressed the concept of sovereign immunity, followed by a focused search for relevant articles in PubMed and LexisNexis, literature databases for medical and legal professionals, respectively. Historically, sovereign liability conferred absolute immunity from lawsuits in favor of the sovereign (ie, the government). Practical considerations in our democratic system have contributed to an evolution of this doctrine. Understanding sovereign immunity and its contemporary application are of value for any physician interested in the debate concerning medical malpractice in the United States. Under certain circumstances, physicians working as employees of the federal or state government may be protected against individual liability if the government is substituted as the defendant.

Quasi-heterogeneous efficient 3-D discrete ordinates CANDU calculations using Attila

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

Preeti, T.; Rulko, R.

2012-07-01

In this paper, 3-D quasi-heterogeneous large scale parallel Attila calculations of a generic CANDU test problem consisting of 42 complete fuel channels and a perpendicular to fuel reactivity device are presented. The solution method is that of discrete ordinates SN and the computational model is quasi-heterogeneous, i.e. fuel bundle is partially homogenized into five homogeneous rings consistently with the DRAGON code model used by the industry for the incremental cross-section generation. In calculations, the HELIOS-generated 45 macroscopic cross-sections library was used. This approach to CANDU calculations has the following advantages: 1) it allows detailed bundle (and eventually channel) power calculationsmore » for each fuel ring in a bundle, 2) it allows the exact reactivity device representation for its precise reactivity worth calculation, and 3) it eliminates the need for incremental cross-sections. Our results are compared to the reference Monte Carlo MCNP solution. In addition, the Attila SN method performance in CANDU calculations characterized by significant up scattering is discussed. (authors)« less

Recent Local and State Action in Arizona to Maintain Sky Quality

NASA Astrophysics Data System (ADS)

Hall, Jeffrey C.; Shankland, P. D.; Green, R. F.; Jannuzi, B.

2014-01-01

The large number of observatories in Arizona has led to the development of a number of lighting control ordinances around the state, some quite strict. Several factors are now contributing to an increased need for active effort at the local, County, and State levels in maintaining the quality of these codes; these factors include an expansion of competing interests in the state, the increasing use of LED lighting, and the potential for major new investments through projects such as the Cherenkov Telescope Array (CTA) and enhancements to the Navy Precision Optical Interferometer. I will review recent strategies Arizona's observatories have used to effect maintenance of ordinances and preserve sky quality; cases include (1) a statewide effort in 2012 to curb a proliferation of electronic billboards and (2) engagement of a broad group of local, County, and State officials, as well as individuals from the private sector, in support of projects like CTA, including awareness of and support for dark-sky preservation.

Emergence of spike correlations in periodically forced excitable systems

NASA Astrophysics Data System (ADS)

Reinoso, José A.; Torrent, M. C.; Masoller, Cristina

2016-09-01

In sensory neurons the presence of noise can facilitate the detection of weak information-carrying signals, which are encoded and transmitted via correlated sequences of spikes. Here we investigate the relative temporal order in spike sequences induced by a subthreshold periodic input in the presence of white Gaussian noise. To simulate the spikes, we use the FitzHugh-Nagumo model and to investigate the output sequence of interspike intervals (ISIs), we use the symbolic method of ordinal analysis. We find different types of relative temporal order in the form of preferred ordinal patterns that depend on both the strength of the noise and the period of the input signal. We also demonstrate a resonancelike behavior, as certain periods and noise levels enhance temporal ordering in the ISI sequence, maximizing the probability of the preferred patterns. Our findings could be relevant for understanding the mechanisms underlying temporal coding, by which single sensory neurons represent in spike sequences the information about weak periodic stimuli.

Hospital law: the changing scene.

PubMed

Hirsh, H L

1978-01-01

The liability of hospitals in tort law has been a fairly recent development. Formerly, hospitals were protected from liability under the doctrine of charitable immunity. Legal "immunity" avoids liability in tort essentially under all circumstances. It is conferred not because of the particular facts of the situation but because of the status or position of the favored defendant. It does not deny the tort, merely the resulting liability. Such immunity does not mean that conduct that would amount to a tort on the part of other defendants is not still equally tortious in character, but merely that for the protection of the particular defendant, or of the interests which he represents, he is given absolution from liability. Similarly, the "captain-of-the-ship" and the attendant "borrowed or lent servant" doctrine is being abandoned. As medical technology continues to advance, the modern hospital will undoubtedly assume a greater responsibility toward its patients--with amplified medical-legal implications. The hospital is no longer a hotel where patients stay, awaiting treatment by their private physicians. The theory that the hospital does not act through its employees--physicians, nurses, and others--no longer reflects the trend in judicial philosophy. The decisions cited reflect the current trend in judicial analysis and thinking. Medical science has provided numerous benefits to humankind, but along with those benefits, numerous risks have accrued. Whether hospitals should have to bear the responsibilities inherent in such risks is a much-argued matter. However, hospital liability, in fact, is the trend of our judicial determination. The ramifications of this trend have been many. Hospitals and physicians will closely scrutinize surgical operations and other hospitals procedures and practices. The fact remains clear that responsibility for every patient is now shared by both the physicians and the hospital--share and share alike. The present thinking is that the liabilities can be minimized, without shifting the duties, obligations, and responsibilities, through risk management. Prevention, as always, is the best cure.

Resolving Malpractice Claims after Tort Reform: Experience in a Self-Insured Texas Public Academic Health System.

PubMed

Sage, William M; Harding, Molly Colvard; Thomas, Eric J

2016-12-01

To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state. We obtained internal case management data for all medical malpractice claims closed during 1 year before and 6 recent years following the enactment of state tort reform legislation. We retrospectively reviewed information about malpractice claimants, malpractice claims, and the process and outcome of dispute resolution. We accessed an internal case management database, supplemented by both electronic and paper records compiled by the university's Office of General Counsel. Closed claims dropped from 244 in 2001-2002 to an annual mean of 96 in 2009-2015, closures following lawsuits from 136 in 2001-2002 to an annual mean of 28 in 2009-2015, and paid claims from 60 in 2001 to an annual mean of 20 in 2009-2015. Patterns of resolution suggest efforts by the university to provide some compensation to injured patients in cases that were no longer economically viable for plaintiffs' lawyers to litigate. The percentage of payments relating to cases in which lawsuits had been filed decreased from 82 percent in 2001-2002 to 47 percent in 2009-2012 and again to 29 percent in 2012-2015, although most paid claimants were represented by attorneys. Unrepresented patients received payment in 13 cases closed in 2009-2012 (22 percent of payments; mean amount $60,566) and in 24 cases closed in 2012-2015 (41 percent of payments; mean amount $109,410). Even after tort reform, however, claims that resulted in payment remained slow to resolve, which was worsened for claimants subject to Medicare secondary payer rules. Strict confidentiality became a more common condition of settlement, although restrictions were subsequently relaxed in order to further transparency and improve patient safety. Malpractice litigation risk diminished substantially for a public university health system in Texas following legal changes that reduced rights to sue and available damages. Health systems operating in a low-tort environment should work with policy makers, plaintiffs' attorneys, and patient groups to assist unrepresented patients, facilitate early mediation, limit nondisclosure obligations following settlement, and expedite the resolution of Medicare liens. © Health Research and Educational Trust.

Negligence, genuine error, and litigation

PubMed Central

Sohn, David H

2013-01-01

Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in the United States; and review current and future solutions, including medical malpractice reform, alternative dispute resolution, health courts, and no-fault compensation systems. The current political environment favors investigation of non-cap tort reform remedies; investment into more rational oversight systems, such as health courts or no-fault systems may reap both quantitative and qualitative benefits for a less costly and safer health system. PMID:23426783

Establishing breach of the duty of care in the tort of negligence.

PubMed

Tingle, John

This article, the third in a series on clinical negligence, looks at the law surrounding breach of the duty of care in negligence. It shows some of the principles that judges and lawyers use in order to decide whether a person has broken his/her duty of care in the tort of negligence. It will be seen that the principles are contained in decided court cases, some of which are quite old but are still relevant today. The focus of this article is on the rule that courts, in deciding the issue of a breach of duty of care, would judge the defendant's conduct by the standard of what the hypothetical, 'reasonable person' would have done in the circumstances of the case.

Causation in negligence: from anti-jurisprudence to principle--individual responsibility as the cornerstone for the attribution of liability.

PubMed

Bagaric, Mirko; Erbacher, Sharon

2011-06-01

Causation is one of the most esoteric and poorly defined legal principles. The common law standards of the "but for" test and common sense are, in reality, code for unconstrained judicial choice. This leads to a high degree of unpredictability in negligence cases. Changes to the causation standard following the torts reforms have done nothing to inject principle into this area of law: the concept of "appropriateness" is no more illuminating than common sense. Despite this, the trend of recent High Court decisions offers some prospect of clarifying the test for causation. Key themes to emerge are an increased emphasis on individual responsibility and the associated concept of coherency with other legal standards. This article examines the doctrinal reasons underpinning the increasingly important role of these ideals and suggests how they can be accommodated into the test for causation to inject greater coherence and predictability into this area of law.

Design Analysis of SNS Target StationBiological Shielding Monoligh with Proton Power Uprate

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

Bekar, Kursat B.; Ibrahim, Ahmad M.

2017-05-01

This report documents the analysis of the dose rate in the experiment area outside the Spallation Neutron Source (SNS) target station shielding monolith with proton beam energy of 1.3 GeV. The analysis implemented a coupled three dimensional (3D)/two dimensional (2D) approach that used both the Monte Carlo N-Particle Extended (MCNPX) 3D Monte Carlo code and the Discrete Ordinates Transport (DORT) two dimensional deterministic code. The analysis with proton beam energy of 1.3 GeV showed that the dose rate in continuously occupied areas on the lateral surface outside the SNS target station shielding monolith is less than 0.25 mrem/h, which compliesmore » with the SNS facility design objective. However, the methods and codes used in this analysis are out of date and unsupported, and the 2D approximation of the target shielding monolith does not accurately represent the geometry. We recommend that this analysis is updated with modern codes and libraries such as ADVANTG or SHIFT. These codes have demonstrated very high efficiency in performing full 3D radiation shielding analyses of similar and even more difficult problems.« less

Criticality Calculations with MCNP6 - Practical Lectures

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

Brown, Forrest B.; Rising, Michael Evan; Alwin, Jennifer Louise

2016-11-29

These slides are used to teach MCNP (Monte Carlo N-Particle) usage to nuclear criticality safety analysts. The following are the lecture topics: course information, introduction, MCNP basics, criticality calculations, advanced geometry, tallies, adjoint-weighted tallies and sensitivities, physics and nuclear data, parameter studies, NCS validation I, NCS validation II, NCS validation III, case study 1 - solution tanks, case study 2 - fuel vault, case study 3 - B&W core, case study 4 - simple TRIGA, case study 5 - fissile mat. vault, criticality accident alarm systems. After completion of this course, you should be able to: Develop an input modelmore » for MCNP; Describe how cross section data impact Monte Carlo and deterministic codes; Describe the importance of validation of computer codes and how it is accomplished; Describe the methodology supporting Monte Carlo codes and deterministic codes; Describe pitfalls of Monte Carlo calculations; Discuss the strengths and weaknesses of Monte Carlo and Discrete Ordinants codes; The diffusion theory model is not strictly valid for treating fissile systems in which neutron absorption, voids, and/or material boundaries are present. In the context of these limitations, identify a fissile system for which a diffusion theory solution would be adequate.« less

Common radiation analysis model for 75,000 pound thrust NERVA engine (1137400E)

NASA Technical Reports Server (NTRS)

Warman, E. A.; Lindsey, B. A.

1972-01-01

The mathematical model and sources of radiation used for the radiation analysis and shielding activities in support of the design of the 1137400E version of the 75,000 lbs thrust NERVA engine are presented. The nuclear subsystem (NSS) and non-nuclear components are discussed. The geometrical model for the NSS is two dimensional as required for the DOT discrete ordinates computer code or for an azimuthally symetrical three dimensional Point Kernel or Monte Carlo code. The geometrical model for the non-nuclear components is three dimensional in the FASTER geometry format. This geometry routine is inherent in the ANSC versions of the QAD and GGG Point Kernal programs and the COHORT Monte Carlo program. Data are included pertaining to a pressure vessel surface radiation source data tape which has been used as the basis for starting ANSC analyses with the DASH code to bridge into the COHORT Monte Carlo code using the WANL supplied DOT angular flux leakage data. In addition to the model descriptions and sources of radiation, the methods of analyses are briefly described.

Hybrid discrete ordinates and characteristics method for solving the linear Boltzmann equation

NASA Astrophysics Data System (ADS)

Yi, Ce

With the ability of computer hardware and software increasing rapidly, deterministic methods to solve the linear Boltzmann equation (LBE) have attracted some attention for computational applications in both the nuclear engineering and medical physics fields. Among various deterministic methods, the discrete ordinates method (SN) and the method of characteristics (MOC) are two of the most widely used methods. The SN method is the traditional approach to solve the LBE for its stability and efficiency. While the MOC has some advantages in treating complicated geometries. However, in 3-D problems requiring a dense discretization grid in phase space (i.e., a large number of spatial meshes, directions, or energy groups), both methods could suffer from the need for large amounts of memory and computation time. In our study, we developed a new hybrid algorithm by combing the two methods into one code, TITAN. The hybrid approach is specifically designed for application to problems containing low scattering regions. A new serial 3-D time-independent transport code has been developed. Under the hybrid approach, the preferred method can be applied in different regions (blocks) within the same problem model. Since the characteristics method is numerically more efficient in low scattering media, the hybrid approach uses a block-oriented characteristics solver in low scattering regions, and a block-oriented SN solver in the remainder of the physical model. In the TITAN code, a physical problem model is divided into a number of coarse meshes (blocks) in Cartesian geometry. Either the characteristics solver or the SN solver can be chosen to solve the LBE within a coarse mesh. A coarse mesh can be filled with fine meshes or characteristic rays depending on the solver assigned to the coarse mesh. Furthermore, with its object-oriented programming paradigm and layered code structure, TITAN allows different individual spatial meshing schemes and angular quadrature sets for each coarse mesh. Two quadrature types (level-symmetric and Legendre-Chebyshev quadrature) along with the ordinate splitting techniques (rectangular splitting and PN-TN splitting) are implemented. In the S N solver, we apply a memory-efficient 'front-line' style paradigm to handle the fine mesh interface fluxes. In the characteristics solver, we have developed a novel 'backward' ray-tracing approach, in which a bi-linear interpolation procedure is used on the incoming boundaries of a coarse mesh. A CPU-efficient scattering kernel is shared in both solvers within the source iteration scheme. Angular and spatial projection techniques are developed to transfer the angular fluxes on the interfaces of coarse meshes with different discretization grids. The performance of the hybrid algorithm is tested in a number of benchmark problems in both nuclear engineering and medical physics fields. Among them are the Kobayashi benchmark problems and a computational tomography (CT) device model. We also developed an extra sweep procedure with the fictitious quadrature technique to calculate angular fluxes along directions of interest. The technique is applied in a single photon emission computed tomography (SPECT) phantom model to simulate the SPECT projection images. The accuracy and efficiency of the TITAN code are demonstrated in these benchmarks along with its scalability. A modified version of the characteristics solver is integrated in the PENTRAN code and tested within the parallel engine of PENTRAN. The limitations on the hybrid algorithm are also studied.

The impact of tort reform on intensity of treatment: evidence from heart patients.

PubMed

Avraham, Ronen; Schanzenbach, Max

2015-01-01

This paper analyzes the effect of non-economic damage caps on the treatment intensity of heart attack victims. We focus on whether a patient receives a major intervention in the form of either a coronary artery by-pass or angioplasty. We find strong evidence that treatment intensity declines after a cap on non-economic damages. The probability of receiving a major intervention in the form of either an angioplasty or bypass declines by 1.25-2 percentage points after non-economic damage caps are enacted, and this effect is larger a year or two after reform. However, we also find clear evidence of substitution between major interventions. When doctors have discretion to perform a by-pass and patients have insurance coverage, caps on non-economic damages increase the probability that a by-pass is performed. The effect of non-economic damage caps on costs is not always statistically significant, but in models with state-specific trends, total costs decline by as much as four percent. We conclude that tort reform reduces treatment intensity overall, even though it changes the mix of treatments. Using the Center for Disease Control's Vital Statistics data, we find that tort reform is not associated with an increase in mortality from coronary heart disease; if anything, mortality declines. Copyright © 2014 Elsevier B.V. All rights reserved.

32 CFR 842.12 - HQ USAF claims responsibility.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Administrative Management Program (CAMP) reviews. (2) Implements claims and tort litigation policies, issues... LITIGATION ADMINISTRATIVE CLAIMS Functions and Responsibilities § 842.12 HQ USAF claims responsibility. (a...

13 CFR 114.103 - Who may file a claim?

Code of Federal Regulations, 2010 CFR

2010-01-01

... THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES Administrative.... Death The executor, administrator, or legal representative of the decedent's estate, or any other person...

On the Firing Line: Negligence in Physical Education

ERIC Educational Resources Information Center

Drowatzky, John N.

1977-01-01

Discusses teachers' vulnerability to tort actions for negligence in physical education classes, and suggests guidelines for proper teacher behavior, based on analysis of court cases in various states. (JG)

Tycho 2: A Proxy Application for Kinetic Transport Sweeps

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

Garrett, Charles Kristopher; Warsa, James S.

2016-09-14

Tycho 2 is a proxy application that implements discrete ordinates (SN) kinetic transport sweeps on unstructured, 3D, tetrahedral meshes. It has been designed to be small and require minimal dependencies to make collaboration and experimentation as easy as possible. Tycho 2 has been released as open source software. The software is currently in a beta release with plans for a stable release (version 1.0) before the end of the year. The code is parallelized via MPI across spatial cells and OpenMP across angles. Currently, several parallelization algorithms are implemented.

Ray Effect Mitigation Through Reference Frame Rotation

DOE PAGES

Tencer, John

2016-05-01

The discrete ordinates method is a popular and versatile technique for solving the radiative transport equation, a major drawback of which is the presence of ray effects. Mitigation of ray effects can yield significantly more accurate results and enhanced numerical stability for combined mode codes. Moreover, when ray effects are present, the solution is seen to be highly dependent upon the relative orientation of the geometry and the global reference frame. It is an undesirable property. A novel ray effect mitigation technique of averaging the computed solution for various reference frame orientations is proposed.

Flow of rarefied gases over two-dimensional bodies

NASA Technical Reports Server (NTRS)

Jeng, Duen-Ren; De Witt, Kenneth J.; Keith, Theo G., Jr.; Chung, Chan-Hong

1989-01-01

A kinetic-theory analysis is made of the flow of rarefied gases over two-dimensional bodies of arbitrary curvature. The Boltzmann equation simplified by a model collision integral is written in an arbitrary orthogonal curvilinear coordinate system, and solved by means of finite-difference approximation with the discrete ordinate method. A numerical code is developed which can be applied to any two-dimensional submerged body of arbitrary curvature for the flow regimes from free-molecular to slip at transonic Mach numbers. Predictions are made for the case of a right circular cylinder.

32 CFR 750.1 - Scope of subpart A.

Code of Federal Regulations, 2010 CFR

2010-07-01

... for the administration and supervision of the resolution of claims arising under the Federal Tort... the general provisions of this subpart A conflict with the specific provisions of any subsequent...

NO-FAULT COMPENSATION FOR MEDICAL INJURIES: TRENDS AND CHALLENGES.

PubMed

Kassim, Puteri Nemie

2014-12-01

As an alternative to the tort or fault-based system, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system by providing fair, speedy and adequate compensation for medically injured victims. Proponents of the suggested no-fault compensation system have argued that this system is more efficient in terms of time and money, as well as in making the circumstances in which compensation is paid, much clearer. However, the arguments against no-fault compensation systems are mainly on issues of funding difficulties, accountability and deterrence, particularly, once fault is taken out of the equation. Nonetheless, the no-fault compensation system has been successfully implemented in various countries but, at the same time, rejected in some others, as not being implementable. In the present trend, the no-fault system seems to fit the needs of society by offering greater access to justice for medically injured victims and providing a clearer "road map" towards obtaining suitable redress. This paper aims at providing the readers with an overview of the characteristics of the no fault compensation system and some examples of countries that have implemented it. Qualitative Research-Content Analysis. Given the many problems and hurdles posed by the tort or fault-based system, it is questionable that it can efficiently play its role as a mechanism that affords fair and adequate compensation for victims of medical injuries. However, while a comprehensive no-fault compensation system offers a tempting alternative to the tort or fault-based system, to import such a change into our local scenario requires a great deal of consideration. There are major differences, mainly in terms of social standing, size of population, political ideology and financial commitment, between Malaysia and countries that have successfully implemented no-fault systems. Nevertheless, implementing a no-fault compensation system in Malaysia is not entirely impossible. A custom-made no-fault model tailored to suit our local scenario can be promising, provided that a thorough research is made, assessing the viability of a no-fault system in Malaysia, addressing the inherent problems and, consequently, designing a workable no-fault system in Malaysia.

Posterior Predictive Bayesian Phylogenetic Model Selection

PubMed Central

Lewis, Paul O.; Xie, Wangang; Chen, Ming-Hui; Fan, Yu; Kuo, Lynn

2014-01-01

We present two distinctly different posterior predictive approaches to Bayesian phylogenetic model selection and illustrate these methods using examples from green algal protein-coding cpDNA sequences and flowering plant rDNA sequences. The Gelfand–Ghosh (GG) approach allows dissection of an overall measure of model fit into components due to posterior predictive variance (GGp) and goodness-of-fit (GGg), which distinguishes this method from the posterior predictive P-value approach. The conditional predictive ordinate (CPO) method provides a site-specific measure of model fit useful for exploratory analyses and can be combined over sites yielding the log pseudomarginal likelihood (LPML) which is useful as an overall measure of model fit. CPO provides a useful cross-validation approach that is computationally efficient, requiring only a sample from the posterior distribution (no additional simulation is required). Both GG and CPO add new perspectives to Bayesian phylogenetic model selection based on the predictive abilities of models and complement the perspective provided by the marginal likelihood (including Bayes Factor comparisons) based solely on the fit of competing models to observed data. [Bayesian; conditional predictive ordinate; CPO; L-measure; LPML; model selection; phylogenetics; posterior predictive.] PMID:24193892

Processing Ordinality and Quantity: The Case of Developmental Dyscalculia

PubMed Central

Rubinsten, Orly; Sury, Dana

2011-01-01

In contrast to quantity processing, up to date, the nature of ordinality has received little attention from researchers despite the fact that both quantity and ordinality are embodied in numerical information. Here we ask if there are two separate core systems that lie at the foundations of numerical cognition: (1) the traditionally and well accepted numerical magnitude system but also (2) core system for representing ordinal information. We report two novel experiments of ordinal processing that explored the relation between ordinal and numerical information processing in typically developing adults and adults with developmental dyscalculia (DD). Participants made “ordered” or “non-ordered” judgments about 3 groups of dots (non-symbolic numerical stimuli; in Experiment 1) and 3 numbers (symbolic task: Experiment 2). In contrast to previous findings and arguments about quantity deficit in DD participants, when quantity and ordinality are dissociated (as in the current tasks), DD participants exhibited a normal ratio effect in the non-symbolic ordinal task. They did not show, however, the ordinality effect. Ordinality effect in DD appeared only when area and density were randomized, but only in the descending direction. In the symbolic task, the ordinality effect was modulated by ratio and direction in both groups. These findings suggest that there might be two separate cognitive representations of ordinal and quantity information and that linguistic knowledge may facilitate estimation of ordinal information. PMID:21935374

Processing ordinality and quantity: the case of developmental dyscalculia.

PubMed

Rubinsten, Orly; Sury, Dana

2011-01-01

In contrast to quantity processing, up to date, the nature of ordinality has received little attention from researchers despite the fact that both quantity and ordinality are embodied in numerical information. Here we ask if there are two separate core systems that lie at the foundations of numerical cognition: (1) the traditionally and well accepted numerical magnitude system but also (2) core system for representing ordinal information. We report two novel experiments of ordinal processing that explored the relation between ordinal and numerical information processing in typically developing adults and adults with developmental dyscalculia (DD). Participants made "ordered" or "non-ordered" judgments about 3 groups of dots (non-symbolic numerical stimuli; in Experiment 1) and 3 numbers (symbolic task: Experiment 2). In contrast to previous findings and arguments about quantity deficit in DD participants, when quantity and ordinality are dissociated (as in the current tasks), DD participants exhibited a normal ratio effect in the non-symbolic ordinal task. They did not show, however, the ordinality effect. Ordinality effect in DD appeared only when area and density were randomized, but only in the descending direction. In the symbolic task, the ordinality effect was modulated by ratio and direction in both groups. These findings suggest that there might be two separate cognitive representations of ordinal and quantity information and that linguistic knowledge may facilitate estimation of ordinal information.

Calculations of the skyshine gamma-ray dose rates from independent spent fuel storage installations (ISFSI) under worst case accident conditions

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

Pace, J.V. III; Cramer, S.N.; Knight, J.R.

1980-09-01

Calculations of the skyshine gamma-ray dose rates from three spent fuel storage pools under worst case accident conditions have been made using the discrete ordinates code DOT-IV and the Monte Carlo code MORSE and have been compared to those of two previous methods. The DNA 37N-21G group cross-section library was utilized in the calculations, together with the Claiborne-Trubey gamma-ray dose factors taken from the same library. Plots of all results are presented. It was found that the dose was a strong function of the iron thickness over the fuel assemblies, the initial angular distribution of the emitted radiation, and themore » photon source near the top of the assemblies. 16 refs., 11 figs., 7 tabs.« less

32 CFR 757.4 - Claims that may be collected.

Code of Federal Regulations, 2010 CFR

2010-07-01

... members and Government employees for damages caused by their simple negligence while acting within the... 2101-2). Collection action shall be taken against third parties liable in tort. Collection action shall...

38 CFR 17.111 - Copayments for extended care services.

Code of Federal Regulations, 2010 CFR

2010-07-01

... payments, black lung payments, tort settlement payments, social security payments, court mandated payments... or services authorized under 38 U.S.C. 1720E for certain veterans regarding cancer of the head or...

13 CFR 114.101 - What do these regulations cover?

Code of Federal Regulations, 2010 CFR

2010-01-01

... CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES... property, personal injury, or death arising from the negligent or wrongful act or omission of any SBA...

Advanced traffic management systems tort liability

DOT National Transportation Integrated Search

2000-08-01

This Study represents a cooperative effort among the Office of the Secretary of Transportation, Federal Highway Administration (FHWA) as staff, and other Department modal administrations with freight responsibilities. A companion document, the 1997 F...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2010 CFR

2010-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2014 CFR

2014-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2013 CFR

2013-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2011 CFR

2011-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2012 CFR

2012-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

A Modified No-fault Malpractice System Can Resolve Multiple Healthcare System Deficiencies

PubMed Central

Sacopulos, Michael

2008-01-01

Medical professional liability in the United States, as measured by total premiums paid by physicians and healthcare facilities, costs approximately $30 billion a year in direct expenses, less than 2% of the entire annual healthcare expenditures. Only a fraction of those dollars reach patients who are negligently injured. Nonetheless, the tort system has far-reaching effects that create substantial indirect costs. Medical malpractice litigation is pervasive and physicians practice defensively to avoid being named in a suit. Those extra expenditures provide little value to patients. Despite an elaborate existing tort system, patient safety remains a vexing problem. Many injured patients are denied access to timely, reasonable remedies. We propose a no-fault system supplemented by a variation of the traditional tort system whereby physicians are incentivized to follow evidence-based guidelines. The proposed system would guarantee a substantial decrease in, but not elimination of, litigation. The system would lower professional liability premiums. Injured patients would ordinarily be compensated with no-fault disability and life insurance proceeds. To the extent individual physicians pose a recurrent danger, their care would be reviewed on an administrative level. Savings would be invested in health information technology and purchase of insurance coverage for the uninsured. We propose a financial model based on publicly accessible sources. Electronic supplementary material The online version of this article (doi:10.1007/s11999-008-0577-9) contains supplementary material, which is available to authorized users. PMID:18979149

The effect of ordinances requiring smoke-free restaurants and bars on revenues: a follow-up.

PubMed Central

Glantz, S A; Smith, L R

1997-01-01

OBJECTIVES: The purpose of this study was to extend an earlier evaluation of the economic effects of ordinances requiring smoke-free restaurants and bars. METHODS: Sales tax data for 15 cities with smoke-free restaurant ordinances, 5 cities and 2 counties with smoke-free bar ordinances, and matched comparison locations were analyzed by multiple regression, including time and a dummy variable for the ordinance. RESULTS: Ordinances had no significant effect on the fraction of total retail sales that went to eating and drinking places or on the ratio between sales in communities with ordinances and sales in comparison communities. Ordinances requiring smoke-free bars had no significant effect on the fraction of revenues going to eating and drinking places that serve all types of liquor. CONCLUSIONS: Smoke-free ordinances do not adversely affect either restaurant or bar sales. PMID:9357356

Validation of the WIMSD4M cross-section generation code with benchmark results

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

Leal, L.C.; Deen, J.R.; Woodruff, W.L.

1995-02-01

The WIMSD4 code has been adopted for cross-section generation in support of the Reduced Enrichment for Research and Test (RERTR) program at Argonne National Laboratory (ANL). Subsequently, the code has undergone several updates, and significant improvements have been achieved. The capability of generating group-collapsed micro- or macroscopic cross sections from the ENDF/B-V library and the more recent evaluation, ENDF/B-VI, in the ISOTXS format makes the modified version of the WIMSD4 code, WIMSD4M, very attractive, not only for the RERTR program, but also for the reactor physics community. The intent of the present paper is to validate the procedure to generatemore » cross-section libraries for reactor analyses and calculations utilizing the WIMSD4M code. To do so, the results of calculations performed with group cross-section data generated with the WIMSD4M code will be compared against experimental results. These results correspond to calculations carried out with thermal reactor benchmarks of the Oak Ridge National Laboratory(ORNL) unreflected critical spheres, the TRX critical experiments, and calculations of a modified Los Alamos highly-enriched heavy-water moderated benchmark critical system. The benchmark calculations were performed with the discrete-ordinates transport code, TWODANT, using WIMSD4M cross-section data. Transport calculations using the XSDRNPM module of the SCALE code system are also included. In addition to transport calculations, diffusion calculations with the DIF3D code were also carried out, since the DIF3D code is used in the RERTR program for reactor analysis and design. For completeness, Monte Carlo results of calculations performed with the VIM and MCNP codes are also presented.« less

44 CFR 11.15 - Authority to adjust, determine, compromise and settle.

Code of Federal Regulations, 2010 CFR

2010-10-01

... MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort... this part, any claim for $200 or less which is based on alleged negligence or wrongful act or omission...

State tort reforms and hospital malpractice costs.

PubMed

Ellington, Charles R; Dodoo, Martey; Phillips, Robert; Szabat, Ronald; Green, Larry; Bullock, Kim

2010-01-01

This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

Advanced Vehicle Control Systems Potential Tort Liability For Developers

DOT National Transportation Integrated Search

1993-12-01

AUTOMOBILE ACCIDENTS AVOIDED BECAUSE THE AUTOMATIC COLLISION AVOIDANCE SYSTEM APPLIES THE BRAKES, HIGHWAYS WHICH ACCOMMODATE MORE VEHICLES WITH FEWER ACCIDENTS, AND EVEN CARS WHICH ARE PILOTED ENTIRELY BY SOPHISTICATED ELECTRONIC SYSTEMS -- ALL OF TH...

25 CFR 10.4 - What happens if the policies and standards are not followed?

Code of Federal Regulations, 2010 CFR

2010-04-01

... of the tribes and the Federal government through tort claims. Funding sources for detention programs... funding from potential resource sharing agreements with other law enforcement agencies may be damaged...

Squeezing Interval Change From Ordinal Panel Data: Latent Growth Curves With Ordinal Outcomes

ERIC Educational Resources Information Center

Mehta, Paras D.; Neale, Michael C.; Flay, Brian R.

2004-01-01

A didactic on latent growth curve modeling for ordinal outcomes is presented. The conceptual aspects of modeling growth with ordinal variables and the notion of threshold invariance are illustrated graphically using a hypothetical example. The ordinal growth model is described in terms of 3 nested models: (a) multivariate normality of the…

Correlation of ground motion and intensity for the 17 January 1994 Northridge, California, earthquake

USGS Publications Warehouse

Boatwright, J.; Thywissen, K.; Seekins, L.C.

2001-01-01

We analyze the correlations between intensity and a set of groundmotion parameters obtained from 66 free-field stations in Los Angeles County that recorded the 1994 Northridge earthquake. We use the tagging intensities from Thywissen and Boatwright (1998) because these intensities are determined independently on census tracts, rather than interpolated from zip codes, as are the modified Mercalli isoseismals from Dewey et al. (1995). The ground-motion parameters we consider are the peak ground acceleration (PGA), the peak ground velocity (PGV), the 5% damped pseudovelocity response spectral (PSV) ordinates at 14 periods from 0.1 to 7.5 sec, and the rms average of these spectral ordinates from 0.3 to 3 sec. Visual comparisons of the distribution of tagging intensity with contours of PGA, PGV, and the average PSV suggest that PGV and the average PSV are better correlated with the intensity than PGA. The correlation coefficients between the intensity and the ground-motion parameters bear this out: r = 0.75 for PGA, 0.85 for PGV, and 0.85 for the average PSV. Correlations between the intensity and the PSV ordinates, as a function of period, are strongest at 1.5 sec (r = 0.83) and weakest at 0.2 sec (r = 0.66). Regressing the intensity on the logarithms of these ground-motion parameters yields relations I ?? mlog?? with 3.0 ??? m ??? 5.2 for the parameters analyzed, where m = 4.4 ?? 0.7 for PGA, 3.4 ?? 0.4 for PGV, and 3.6 ?? 0.5 for the average PSV.

Validation of the BUGJEFF311.BOLIB, BUGENDF70.BOLIB and BUGLE-B7 broad-group libraries on the PCA-Replica (H2O/Fe) neutron shielding benchmark experiment

NASA Astrophysics Data System (ADS)

Pescarini, Massimo; Orsi, Roberto; Frisoni, Manuela

2016-03-01

The PCA-Replica 12/13 (H2O/Fe) neutron shielding benchmark experiment was analysed using the TORT-3.2 3D SN code. PCA-Replica reproduces a PWR ex-core radial geometry with alternate layers of water and steel including a pressure vessel simulator. Three broad-group coupled neutron/photon working cross section libraries in FIDO-ANISN format with the same energy group structure (47 n + 20 γ) and based on different nuclear data were alternatively used: the ENEA BUGJEFF311.BOLIB (JEFF-3.1.1) and UGENDF70.BOLIB (ENDF/B-VII.0) libraries and the ORNL BUGLE-B7 (ENDF/B-VII.0) library. Dosimeter cross sections derived from the IAEA IRDF-2002 dosimetry file were employed. The calculated reaction rates for the Rh-103(n,n')Rh-103m, In-115(n,n')In-115m and S-32(n,p)P-32 threshold activation dosimeters and the calculated neutron spectra are compared with the corresponding experimental results.

Validation of the WIMSD4M cross-section generation code with benchmark results

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

Deen, J.R.; Woodruff, W.L.; Leal, L.E.

1995-01-01

The WIMSD4 code has been adopted for cross-section generation in support of the Reduced Enrichment Research and Test Reactor (RERTR) program at Argonne National Laboratory (ANL). Subsequently, the code has undergone several updates, and significant improvements have been achieved. The capability of generating group-collapsed micro- or macroscopic cross sections from the ENDF/B-V library and the more recent evaluation, ENDF/B-VI, in the ISOTXS format makes the modified version of the WIMSD4 code, WIMSD4M, very attractive, not only for the RERTR program, but also for the reactor physics community. The intent of the present paper is to validate the WIMSD4M cross-section librariesmore » for reactor modeling of fresh water moderated cores. The results of calculations performed with multigroup cross-section data generated with the WIMSD4M code will be compared against experimental results. These results correspond to calculations carried out with thermal reactor benchmarks of the Oak Ridge National Laboratory (ORNL) unreflected HEU critical spheres, the TRX LEU critical experiments, and calculations of a modified Los Alamos HEU D{sub 2}O moderated benchmark critical system. The benchmark calculations were performed with the discrete-ordinates transport code, TWODANT, using WIMSD4M cross-section data. Transport calculations using the XSDRNPM module of the SCALE code system are also included. In addition to transport calculations, diffusion calculations with the DIF3D code were also carried out, since the DIF3D code is used in the RERTR program for reactor analysis and design. For completeness, Monte Carlo results of calculations performed with the VIM and MCNP codes are also presented.« less

32 CFR 750.44 - Claims not payable.

Code of Federal Regulations, 2010 CFR

2010-07-01

... death which was proximately caused, in whole or in part, by any negligence or wrongful act on the part... Chapter. (4) Federal Tort Claims Act. 28 U.S.C. 2671, 2672, and 2674-2680. (5) International Agreements...

40 CFR 1620.2 - Administrative claim; when presented.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.2 Administrative claim; when presented. (a... negligence or wrongful act or omission of the CSB or its employees must be mailed or delivered to the Office...

5 CFR 177.106 - Authority to adjust, determine, compromise, and settle.

Code of Federal Regulations, 2010 CFR

2010-01-01

... SERVICE REGULATIONS ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.106 Authority to adjust... alleged negligence or wrongful act or omission of an OPM employee, with the exception of claims involving...

32 CFR 842.95 - Non-assertable claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842...) Reimbursement for military or civilian employees for their negligence claims paid by the United States. (b) Loss...

The College Professor's Professional Liability

ERIC Educational Resources Information Center

Griggs, Walter S.; Rubin, Harvey W.

1977-01-01

The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

Changing Patterns in Illinois' School Tort Immunity.

ERIC Educational Resources Information Center

Gardner, Shelley B.

1979-01-01

It appears that Illinois law no longer grants full parental immunity to school districts and their employees. Available from IIT/Chicago-Kent College of Law, 77 South Wacker Drive, Chicago, IL 60606; single copies $5.00. (Author)

Playing It Safe: Part I.

ERIC Educational Resources Information Center

Penman, Kenneth A.; Niccolai, Frances R.

1985-01-01

The first of a series of articles explains the legal principles of tort liability, waiver of liability, comparative negligence, assumption of risk, and contributory negligence. Summarizes the kinds of cases going to court involving sport facility design and operation. (MLF)

37 CFR 104.42 - Finality of settlement or denial of claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... TRADEMARK OFFICE, DEPARTMENT OF COMMERCE ADMINISTRATION LEGAL PROCESSES Tort Claims § 104.42 Finality of... or denial of any claim under this subpart may be considered final for the purpose of judicial review. ...

Administrative compensation of medical injuries: a hardy perennial blooms again.

PubMed

Barringer, Paul J; Studdert, David M; Kachalia, Allen B; Mello, Michelle M

2008-08-01

Periods in which the costs of personal injury litigation and liability insurance have risen dramatically have often provoked calls for reform of the tort system, and medical malpractice is no exception. One proposal for fundamental reform made during several of these volatile periods has been to relocate personal injury disputes from the tort system to an alternative, administrative forum. In the medical injury realm, a leading incarnation of such proposals in recent years has been the idea of establishing specialized administrative "health courts." Despite considerable stakeholder and policy-maker interest, administrative compensation proposals have tended to struggle for broad political acceptance. In this article, we consider the historical experience of administrative medical injury compensation proposals, particularly in light of comparative examples in the context of workplace injuries, automobile injuries, and vaccine injuries. We conclude by examining conditions that may facilitate or impede progress toward establishing demonstration projects of health courts.

Consumer-defined health plans: emerging challenges from tort and contract.

PubMed

Morreim, E Haavi

2006-01-01

The emergence of Consumer-Defined Health Plans with large deductibles means that many people will be financially responsible for all or most of their healthcare during any given year. This increasing exposure to costs will bring important changes in the physician-patient relationship, as patients seek more information about the care their physicians propose. Litigation can be anticipated in two areas. First, in tort law, informed consent claims may allege that providers failed to disclose the likely costs and medical importance of their care. Second, in contract law, patients may challenge the reasonableness of the prices they are charged. This Article explores potential causes of action in both areas. Ultimately, increasing transparency of pricing may lend greater rationality not only to pricing structures but also, it is to be hoped, to healthcare itself, as cost-worthiness of care assumes higher priority in medical decisionmaking.

The jurisprudential nature of fraud in biomedical publishing.

PubMed

Candlish, John

2008-06-01

When instances of fraud in biomedical publishing come to light there is widespread indignation, not least because the consequences seem usually only to be internal enquiries and professional displeasure. A number of bodies have been constituted to improve publishing ethics and but these are largely advisory. Potentially though, actions in the tort of deceit and negligence, possibly misfeasance in a public office, and loss of chance could be brought against those responsible. These aspects are examined in the context of English law. In addition the new Fraud Act (2006) appears to be wide enough in scope to cover publishing fraud as a criminal offence. Any organisation such as a drug company financing clinical trials which produce spurious results could face serious losses and might well look to remedies in contract as well as in tort. A theoretical scenario centered on a drug trial is presented in order to explore these issues.

Computational analysis of Variable Thrust Engine (VTE) performance

NASA Technical Reports Server (NTRS)

Giridharan, M. G.; Krishnan, A.; Przekwas, A. J.

1993-01-01

The Variable Thrust Engine (VTE) of the Orbital Maneuvering Vehicle (OMV) uses a hypergolic propellant combination of Monomethyl Hydrazine (MMH) and Nitrogen Tetroxide (NTO) as fuel and oxidizer, respectively. The performance of the VTE depends on a number of complex interacting phenomena such as atomization, spray dynamics, vaporization, turbulent mixing, convective/radiative heat transfer, and hypergolic combustion. This study involved the development of a comprehensive numerical methodology to facilitate detailed analysis of the VTE. An existing Computational Fluid Dynamics (CFD) code was extensively modified to include the following models: a two-liquid, two-phase Eulerian-Lagrangian spray model; a chemical equilibrium model; and a discrete ordinate radiation heat transfer model. The modified code was used to conduct a series of simulations to assess the effects of various physical phenomena and boundary conditions on the VTE performance. The details of the models and the results of the simulations are presented.

The DANTE Boltzmann transport solver: An unstructured mesh, 3-D, spherical harmonics algorithm compatible with parallel computer architectures

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

McGhee, J.M.; Roberts, R.M.; Morel, J.E.

1997-06-01

A spherical harmonics research code (DANTE) has been developed which is compatible with parallel computer architectures. DANTE provides 3-D, multi-material, deterministic, transport capabilities using an arbitrary finite element mesh. The linearized Boltzmann transport equation is solved in a second order self-adjoint form utilizing a Galerkin finite element spatial differencing scheme. The core solver utilizes a preconditioned conjugate gradient algorithm. Other distinguishing features of the code include options for discrete-ordinates and simplified spherical harmonics angular differencing, an exact Marshak boundary treatment for arbitrarily oriented boundary faces, in-line matrix construction techniques to minimize memory consumption, and an effective diffusion based preconditioner formore » scattering dominated problems. Algorithm efficiency is demonstrated for a massively parallel SIMD architecture (CM-5), and compatibility with MPP multiprocessor platforms or workstation clusters is anticipated.« less

Automated variance reduction for MCNP using deterministic methods.

PubMed

Sweezy, J; Brown, F; Booth, T; Chiaramonte, J; Preeg, B

2005-01-01

In order to reduce the user's time and the computer time needed to solve deep penetration problems, an automated variance reduction capability has been developed for the MCNP Monte Carlo transport code. This new variance reduction capability developed for MCNP5 employs the PARTISN multigroup discrete ordinates code to generate mesh-based weight windows. The technique of using deterministic methods to generate importance maps has been widely used to increase the efficiency of deep penetration Monte Carlo calculations. The application of this method in MCNP uses the existing mesh-based weight window feature to translate the MCNP geometry into geometry suitable for PARTISN. The adjoint flux, which is calculated with PARTISN, is used to generate mesh-based weight windows for MCNP. Additionally, the MCNP source energy spectrum can be biased based on the adjoint energy spectrum at the source location. This method can also use angle-dependent weight windows.

An approach to solve group-decision-making problems with ordinal interval numbers.

PubMed

Fan, Zhi-Ping; Liu, Yang

2010-10-01

The ordinal interval number is a form of uncertain preference information in group decision making (GDM), while it is seldom discussed in the existing research. This paper investigates how the ranking order of alternatives is determined based on preference information of ordinal interval numbers in GDM problems. When ranking a large quantity of ordinal interval numbers, the efficiency and accuracy of the ranking process are critical. A new approach is proposed to rank alternatives using ordinal interval numbers when every ranking ordinal in an ordinal interval number is thought to be uniformly and independently distributed in its interval. First, we give the definition of possibility degree on comparing two ordinal interval numbers and the related theory analysis. Then, to rank alternatives, by comparing multiple ordinal interval numbers, a collective expectation possibility degree matrix on pairwise comparisons of alternatives is built, and an optimization model based on this matrix is constructed. Furthermore, an algorithm is also presented to rank alternatives by solving the model. Finally, two examples are used to illustrate the use of the proposed approach.

Clean Indoor Air Ordinance Coverage in the Appalachian Region of the United States

PubMed Central

Liber, Alex; Pennell, Michael; Nealy, Darren; Hammer, Jana; Berman, Micah

2010-01-01

Objectives. We sought to quantitatively examine the pattern of, and socioeconomic factors associated with, adoption of clean indoor air ordinances in Appalachia. Methods. We collected and reviewed clean indoor air ordinances in Appalachian communities in 6 states and rated the ordinances for completeness of coverage in workplaces, restaurants, and bars. Additionally, we computed a strength score to measure coverage in 7 locations. We fit mixed-effects models to determine whether the presence of a comprehensive ordinance and the ordinance strength were related to community socioeconomic disadvantage. Results. Of the 332 communities included in the analysis, fewer than 20% had adopted a comprehensive workplace, restaurant, or bar ordinance. Most ordinances were weak, achieving on average only 43% of the total possible points. Communities with a higher unemployment rate were less likely and those with a higher education level were more likely to have a strong ordinance. Conclusions. The majority of residents in these communities are not protected from secondhand smoke. Efforts to pass strong statewide clean indoor air laws should take priority over local initiatives in these states. PMID:20466957

Recovering from research: a no-fault proposal to compensate injured research participants.

PubMed

Pike, Elizabeth R

2012-01-01

National advisory committees have considered the obligations owed to research participants in the event of research-related injuries. These committees have repeatedly concluded that injured research participants are entitled to compensation for their injuries, that the tort system provides inadequate remedies, and that the United States should adopt no-fault compensation. But because the advisory committees have made no concrete proposals and have taken no steps toward implementing no-fault compensation, the United States continues to rely on the tort system to compensate injured research participants. This Article argues that recent legal developments and a transformation in the global research landscape make maintaining the status quo morally indefensible and practically unsustainable. Recent legal developments exacerbate the longstanding difficulties associated with the tort system as a method of compensation; nearly every injured research participant will have difficulty recovering damages, and certain classes of injured research participants--those in federal research and those abroad--are prevented from recovering altogether, resulting in substantial unfairness. In the past ten years, many of the countries substantially involved in research have mandated systematic compensation. By not mandating compensation, the United States has become a moral outlier and risks having its noncompliant research embargoed by foreign ethics committees, thereby delaying important biomedical advances. This Article examines alternative compensation mechanisms and offers a concrete no-fault compensation proposal built on systems already in place. The proposed system can be implemented in the United States and countries around the world to help harmonize various national compensation systems and to more equitably and effectively make those injured by research whole.

Serologic evidence of human Rickettsia infection found in three locations in Panamá.

PubMed

Bermúdez, Sergio E; Lyons, Cirilo R; García, Gleydis G; Zaldíva, Yamitzel L; Gabster, Amanda; Arteaga, Griselda B

2013-09-01

Since the middle of last century, cases of rickettsiosis have been found in Panamá when outbreaks of murine typhus and spotted fever were reported. Since then, little information exists about its prevalence in this country, since it is most often is misdiagnosed as another disease. The aim of this paper is to demonstrate the presence of Rickettsia infections in humans in three locations in Panamá. These locations are agricultural areas, near forested areas or those who work in zoo. Three locations where chosen for this study: Tortí, El Valle de Antón and workers in the Summit Municipal Park in Panamá City. All volunteers signed an informed consent and answered a questionnaire. The samples were analyzed for the detection of rickettsial spotted fever and typhus group by the indirect immunofluorescence (using commercial kits) and antigens of Rickettsia rickettsii and R. amblyommii. Blood samples were taken from 97 volunteers in Tortí (25), El Valle de Anton (37) and Summit Municipal Park (35). Of these, a total of 38 (39%) samples reacted to one of the two methods: eight (32%) in Tortí, 18 (48%) in El valle and 12 (34%) in Summit Municipal Park. The results show a high prevalence of antibodies to Rickettsia belonging to the spotted fever group in each of the three study areas, in addition to presenting evidence of the typhus group Rickettsia in El Valle de Anton. These areas could be considered endemic for rickettsiosis as there are conditions for maintaining them.

City curfew ordinances and teenage motor vehicle injury.

PubMed

Preusser, D F; Williams, A F; Lund, A K; Zador, P L

1990-08-01

Several U.S. cities have curfew ordinances that limit the late night activities of minor teenagers in public places including highways. Detroit, Cleveland, and Columbus, which have curfew ordinances, were compared to Cincinnati, which does not have such an ordinance. The curfew ordinances were associated with a 23% reduction in motor vehicle related injury for 13- to 17-year-olds as passengers, drivers, pedestrians, or bicyclists during the curfew hours. It was concluded that city curfew ordinances, like the statewide driving curfews studied in other states, can reduce motor vehicle injury to teenagers during the particularly hazardous late night hours.

Risk Management in Cocurricular Activities.

ERIC Educational Resources Information Center

Webb, Edward M.

1988-01-01

Discusses risk management for colleges' cocurricular activities. Discusses tort liability, contributory negligence, and assumption of risk. Provides six concrete steps for managing risks responsibly and professionally: adopting an educational mission statement, assigning risk to others, establishing safety standards, training club advisors,…

32 CFR 842.92 - Scope of this subpart.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842... damage to or loss or destruction of government property through negligence or wrongful act. It does not...

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

Negative Statements in Letters of Recommendation: From Defamation to Defense.

ERIC Educational Resources Information Center

Clear, Delbert K.

1978-01-01

The law clearly provides protection for those who write negative recommendations; however, the standard tests for libel and slander that are used in tort suits where damages are sought for defamation of character are applicable. (Author/MLF)

Host records for fruit-feeding Afrotropical Tortricidae (Lepidoptera)

USDA-ARS?s Scientific Manuscript database

We present host records for the following Afrotropical Tortricidae reared from fruit in Kenya: Idiothauma nr africanum Walsingham, Paraccra mimesa Razowski, Apotoforma nr uncifera Razowski, Eugnosta percnoptila (Meyrick), Phtheochroa aarviki Razowski & Brown, Actihema hemiacta (Meyrick, 1920), “Tort...

48 CFR 352.228-7 - Insurance-liability to third persons.

Code of Federal Regulations, 2012 CFR

2012-10-01

... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

48 CFR 352.228-7 - Insurance-liability to third persons.

Code of Federal Regulations, 2011 CFR

2011-10-01

... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

48 CFR 352.228-7 - Insurance-liability to third persons.

Code of Federal Regulations, 2010 CFR

2010-10-01

... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

Two centuries of masting data for European beech and Norway spruce across the European continent.

PubMed

Ascoli, Davide; Maringer, Janet; Hacket-Pain, Andy; Conedera, Marco; Drobyshev, Igor; Motta, Renzo; Cirolli, Mara; Kantorowicz, Władysław; Zang, Christian; Schueler, Silvio; Croisé, Luc; Piussi, Pietro; Berretti, Roberta; Palaghianu, Ciprian; Westergren, Marjana; Lageard, Jonathan G A; Burkart, Anton; Gehrig Bichsel, Regula; Thomas, Peter A; Beudert, Burkhard; Övergaard, Rolf; Vacchiano, Giorgio

2017-05-01

Tree masting is one of the most intensively studied ecological processes. It affects nutrient fluxes of trees, regeneration dynamics in forests, animal population densities, and ultimately influences ecosystem services. Despite a large volume of research focused on masting, its evolutionary ecology, spatial and temporal variability, and environmental drivers are still matter of debate. Understanding the proximate and ultimate causes of masting at broad spatial and temporal scales will enable us to predict tree reproductive strategies and their response to changing environment. Here we provide broad spatial (distribution range-wide) and temporal (century) masting data for the two main masting tree species in Europe, European beech (Fagus sylvatica L.) and Norway spruce (Picea abies (L.) H. Karst.). We collected masting data from a total of 359 sources through an extensive literature review and from unpublished surveys. The data set has a total of 1,747 series and 18,348 yearly observations from 28 countries and covering a time span of years 1677-2016 and 1791-2016 for beech and spruce, respectively. For each record, the following information is available: identification code; species; year of observation; proxy of masting (flower, pollen, fruit, seed, dendrochronological reconstructions); statistical data type (ordinal, continuous); data value; unit of measurement (only in case of continuous data); geographical location (country, Nomenclature of Units for Territorial Statistics NUTS-1 level, municipality, coordinates); first and last record year and related length; type of data source (field survey, peer reviewed scientific literature, gray literature, personal observation); source identification code; date when data were added to the database; comments. To provide a ready-to-use masting index we harmonized ordinal data into five classes. Furthermore, we computed an additional field where continuous series with length >4 yr where converted into a five classes ordinal index. To our knowledge, this is the most comprehensive published database on species-specific masting behavior. It is useful to study spatial and temporal patterns of masting and its proximate and ultimate causes, to refine studies based on tree-ring chronologies, to understand dynamics of animal species and pests vectored by these animals affecting human health, and it may serve as calibration-validation data for dynamic forest models. © 2017 by the Ecological Society of America.

Gap-minimal systems of notations and the constructible hierarchy

NASA Technical Reports Server (NTRS)

Lucian, M. L.

1972-01-01

If a constructibly countable ordinal alpha is a gap ordinal, then the order type of the set of index ordinals smaller than alpha is exactly alpha. The gap ordinals are the only points of discontinuity of a certain ordinal-valued function. The notion of gap minimality for well ordered systems of notations is defined, and the existence of gap-minimal systems of notations of arbitrarily large constructibly countable length is established.

78 FR 54670 - Miami Tribe of Oklahoma-Liquor Control Ordinance

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-05

... Tribe of Oklahoma--Liquor Control Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice publishes the Miami Tribe of Oklahoma--Liquor Control Ordinance. This Ordinance... Oklahoma, increases the ability of the tribal government to control the distribution and possession of...

Tax revenue in Mississippi communities following implementation of smoke-free ordinances: an examination of tourism and economic development tax revenues.

PubMed

McMillen, Robert; Shackelford, Signe

2012-10-01

There is no safe level of exposure to tobacco smoke. More than 60 Mississippi communities have passed smoke-free ordinances in the past six years. Opponents claim that these ordinances harm local businesses. Mississippi law allows municipalities to place a tourism and economic development (TED) tax on local restaurants and hotels/motels. The objective of this study is to examine the impact of these ordinances on TED tax revenues. This study applies a pre/post quasi-experimental design to compare TED tax revenue before and after implementing ordinances. Descriptive analyses indicated that inflation-adjusted tax revenues increased during the 12 months following implementation of smoke-free ordinances while there was no change in aggregated control communities. Multivariate fixed-effects analyses found no statistically significant effect of smoke-free ordinances on hospitality tax revenue. No evidence was found that smoke-free ordinances have an adverse effect on the local hospitality industry.

Recession, debt and mental health: challenges and solutions

PubMed Central

2009-01-01

Background During the economic downturn, the link between recession and health has featured in many countries' media, political, and medical debate. This paper focuses on the previously neglected relationship between personal debt and mental health. Aims Using the UK as a case study, this paper considers the public health challenges presented by debt to mental health. We then propose solutions identified in workshops held during the UK Government's Foresight Review of Mental Capital and Wellbeing. Results Within their respective sectors, health professionals should receive basic ‘debt first aid’ training, whilst all UK financial sector codes of practice should – as a minimum – recognise the existence of customers with mental health problems. Further longitudinal research is also needed to ‘unpack’ the relationship between debt and mental health. Across sectors, a lack of co-ordinated activity across health, money advice, and creditor organisations remains a weakness. A renewed emphasis on co-ordinated ‘debt care pathways’ and better communication between local health and advice services is needed. Discussion The relationship between debt and mental health presents a contemporary public health challenge. Solutions exist, but will require action and investment at a time of competition for funds. PMID:22477896

Penal Code (Ordinance No. 12 of 1983), 1 July 1984.

PubMed

1987-01-01

This document contains provisions of the 1984 Penal Code of Montserrat relating to sexual offenses, abortion, offenses relating to marriage, homicide and other offenses against the person, and neglect endangering life or health. Part 8 of the Code holds that a man found guilty of raping a woman is liable to life imprisonment. Rape is deemed to involve unlawful (extramarital) sexual intercourse with a woman without her consent (this is determined if the rape involved force, threats, administration of drugs, or false representation). The Code also defines offenses in cases of incest, child abuse, prostitution, abduction, controlling the actions and finances of a prostitute, and having unlawful sexual intercourse with a mentally defective woman. Part 9 of the Code outlaws abortion unless it is conducted in an approved establishment after two medical practitioners have determined that continuing the pregnancy would risk the life or physical/mental health of the pregnant woman or if a substantial risk exists that the child would have serious abnormalities. Part 10 outlaws bigamy, and part 12 holds that infanticide performed by a mother suffering postpartum imbalances can be prosecuted as manslaughter. This part also outlaws concealment of the body of a newborn, whether that child died before, at, or after birth, and aggravated assault on any child not more than 14 years old. Part 12 makes it an offense to subject any child to neglect endangering its life or health.

75 FR 65373 - Klamath Tribes Liquor Control Ordinance

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-22

... DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Klamath Tribes Liquor Control Ordinance AGENCY... certification of the amendment to the Klamath Tribes Liquor Control Ordinance. The first Ordinance was published... and controls the sale, possession and distribution of liquor within the tribal lands. The tribal lands...

Ordinal probability effect measures for group comparisons in multinomial cumulative link models.

PubMed

Agresti, Alan; Kateri, Maria

2017-03-01

We consider simple ordinal model-based probability effect measures for comparing distributions of two groups, adjusted for explanatory variables. An "ordinal superiority" measure summarizes the probability that an observation from one distribution falls above an independent observation from the other distribution, adjusted for explanatory variables in a model. The measure applies directly to normal linear models and to a normal latent variable model for ordinal response variables. It equals Φ(β/2) for the corresponding ordinal model that applies a probit link function to cumulative multinomial probabilities, for standard normal cdf Φ and effect β that is the coefficient of the group indicator variable. For the more general latent variable model for ordinal responses that corresponds to a linear model with other possible error distributions and corresponding link functions for cumulative multinomial probabilities, the ordinal superiority measure equals exp(β)/[1+exp(β)] with the log-log link and equals approximately exp(β/2)/[1+exp(β/2)] with the logit link, where β is the group effect. Another ordinal superiority measure generalizes the difference of proportions from binary to ordinal responses. We also present related measures directly for ordinal models for the observed response that need not assume corresponding latent response models. We present confidence intervals for the measures and illustrate with an example. © 2016, The International Biometric Society.

Ordinality and the nature of symbolic numbers.

PubMed

Lyons, Ian M; Beilock, Sian L

2013-10-23

The view that representations of symbolic and nonsymbolic numbers are closely tied to one another is widespread. However, the link between symbolic and nonsymbolic numbers is almost always inferred from cardinal processing tasks. In the current work, we show that considering ordinality instead points to striking differences between symbolic and nonsymbolic numbers. Human behavioral and neural data show that ordinal processing of symbolic numbers (Are three Indo-Arabic numerals in numerical order?) is distinct from symbolic cardinal processing (Which of two numerals represents the greater quantity?) and nonsymbolic number processing (ordinal and cardinal judgments of dot-arrays). Behaviorally, distance-effects were reversed when assessing ordinality in symbolic numbers, but canonical distance-effects were observed for cardinal judgments of symbolic numbers and all nonsymbolic judgments. At the neural level, symbolic number-ordering was the only numerical task that did not show number-specific activity (greater than control) in the intraparietal sulcus. Only activity in left premotor cortex was specifically associated with symbolic number-ordering. For nonsymbolic numbers, activation in cognitive-control areas during ordinal processing and a high degree of overlap between ordinal and cardinal processing networks indicate that nonsymbolic ordinality is assessed via iterative cardinality judgments. This contrasts with a striking lack of neural overlap between ordinal and cardinal judgments anywhere in the brain for symbolic numbers, suggesting that symbolic number processing varies substantially with computational context. Ordinal processing sheds light on key differences between symbolic and nonsymbolic number processing both behaviorally and in the brain. Ordinality may prove important for understanding the power of representing numbers symbolically.

76 FR 38047 - Defense Federal Acquisition Regulation Supplement; Extension of Restrictions on the Use of...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-29

... under title VII of the Civil Rights Act of 1964, or tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

Code of Federal Regulations, 2010 CFR

2010-04-01

... ADMINISTRATION, DEPARTMENT OF LABOR THE JOB CORPS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT Administrative and Management Provisions § 670.900 Are damages caused by students eligible for reimbursement under...

25 CFR 900.190 - Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the...

Code of Federal Regulations, 2011 CFR

2011-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... medical, surgical, dental, or related functions by the contractor in carrying out self-determination...

25 CFR 900.190 - Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the...

Code of Federal Regulations, 2010 CFR

2010-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... medical, surgical, dental, or related functions by the contractor in carrying out self-determination...

Safer construction and maintenance practices to minimize potential liability by counties from accidents.

DOT National Transportation Integrated Search

1979-09-01

Tort claims resulting from alleged highway defects have introduced : an additional element in the planning, design, construction, and maintenance : of highways. A survey of county governments in Iowa was undertaken : in order to quantify the magnitud...

Safety Tips: Avoiding Negligence Suits in Chemistry Teaching.

ERIC Educational Resources Information Center

Gerlovich, Jack A.

1983-01-01

Discusses various aspects related to negligence on the part of chemistry teachers. Areas addressed include negligence in tort law, avoiding negligence suits, proper instructions, proper supervision, equipment maintenance, and other considerations such as sovereign immunity, and contributory versus comparative negligence. (JN)

Biotrespass

ERIC Educational Resources Information Center

de Beer, Jeremy

2007-01-01

As the sciences of biotechnology, synthetic biology, and nanotechnology develop, questions about liability for harms caused by self-replicating inventions will arise increasingly often. Although negligence, nuisance, and other torts may be relevant in such circumstances, trespass may be the more appropriate cause of action. First, the author…

Integrating Dispute Resolution into Standard First-Year Courses: The Missouri Plan.

ERIC Educational Resources Information Center

Riskin, Leonard L.; Westbrook, James E.

1989-01-01

The University of Missouri-Columbia Law School has implemented a first-year course in dispute resolution integrating topics in torts, property, civil procedure, contracts, and criminal law and taught by teachers in all of those areas. (MSE)

Social Host Ordinances and Policies. Prevention Update

ERIC Educational Resources Information Center

Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention, 2011

2011-01-01

Social host liability laws (also known as teen party ordinances, loud or unruly gathering ordinances, or response costs ordinances) target the location in which underage drinking takes place. Social host liability laws hold noncommercial individuals responsible for underage drinking events on property they own, lease, or otherwise control. They…

25 CFR 522.8 - Publication of class III ordinance and approval.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Section 522.8 Indians NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR APPROVAL OF CLASS II AND CLASS III ORDINANCES AND RESOLUTIONS SUBMISSION OF GAMING ORDINANCE OR RESOLUTION § 522.8 Publication of class III ordinance and approval. The Chairman shall publish a class III tribal gaming...

27 CFR 478.24 - Compilation of State laws and published ordinances.

Code of Federal Regulations, 2010 CFR

2010-04-01

... and published ordinances. 478.24 Section 478.24 Alcohol, Tobacco Products, and Firearms BUREAU OF... published ordinances. (a) The Director shall annually revise and furnish Federal firearms licensees with a compilation of State laws and published ordinances which are relevant to the enforcement of this part. The...

Hybrid parallel code acceleration methods in full-core reactor physics calculations

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

Courau, T.; Plagne, L.; Ponicot, A.

2012-07-01

When dealing with nuclear reactor calculation schemes, the need for three dimensional (3D) transport-based reference solutions is essential for both validation and optimization purposes. Considering a benchmark problem, this work investigates the potential of discrete ordinates (Sn) transport methods applied to 3D pressurized water reactor (PWR) full-core calculations. First, the benchmark problem is described. It involves a pin-by-pin description of a 3D PWR first core, and uses a 8-group cross-section library prepared with the DRAGON cell code. Then, a convergence analysis is performed using the PENTRAN parallel Sn Cartesian code. It discusses the spatial refinement and the associated angular quadraturemore » required to properly describe the problem physics. It also shows that initializing the Sn solution with the EDF SPN solver COCAGNE reduces the number of iterations required to converge by nearly a factor of 6. Using a best estimate model, PENTRAN results are then compared to multigroup Monte Carlo results obtained with the MCNP5 code. Good consistency is observed between the two methods (Sn and Monte Carlo), with discrepancies that are less than 25 pcm for the k{sub eff}, and less than 2.1% and 1.6% for the flux at the pin-cell level and for the pin-power distribution, respectively. (authors)« less

Using ordinal partition transition networks to analyze ECG data

NASA Astrophysics Data System (ADS)

Kulp, Christopher W.; Chobot, Jeremy M.; Freitas, Helena R.; Sprechini, Gene D.

2016-07-01

Electrocardiogram (ECG) data from patients with a variety of heart conditions are studied using ordinal pattern partition networks. The ordinal pattern partition networks are formed from the ECG time series by symbolizing the data into ordinal patterns. The ordinal patterns form the nodes of the network and edges are defined through the time ordering of the ordinal patterns in the symbolized time series. A network measure, called the mean degree, is computed from each time series-generated network. In addition, the entropy and number of non-occurring ordinal patterns (NFP) is computed for each series. The distribution of mean degrees, entropies, and NFPs for each heart condition studied is compared. A statistically significant difference between healthy patients and several groups of unhealthy patients with varying heart conditions is found for the distributions of the mean degrees, unlike for any of the distributions of the entropies or NFPs.

Confirmatory Factor Analysis of Ordinal Variables with Misspecified Models

ERIC Educational Resources Information Center

Yang-Wallentin, Fan; Joreskog, Karl G.; Luo, Hao

2010-01-01

Ordinal variables are common in many empirical investigations in the social and behavioral sciences. Researchers often apply the maximum likelihood method to fit structural equation models to ordinal data. This assumes that the observed measures have normal distributions, which is not the case when the variables are ordinal. A better approach is…

75 FR 51102 - Liquor Ordinance of the Wichita and Affiliated Tribes; Correction

Federal Register 2010, 2011, 2012, 2013, 2014

2010-08-18

... Tribes; Correction AGENCY: Bureau of Indian Affairs, Interior ACTION: Notice; correction SUMMARY: The... Liquor Ordinance of the Wichita and Affiliated Tribes. The notice refers to an amended ordinance of the Wichita and Affiliated Tribes when in fact the Liquor Ordinance adopted by Resolution No. WT-10-31 on May...

Estimating Ordinal Reliability for Likert-Type and Ordinal Item Response Data: A Conceptual, Empirical, and Practical Guide

ERIC Educational Resources Information Center

Gadermann, Anne M.; Guhn, Martin; Zumbo, Bruno D.

2012-01-01

This paper provides a conceptual, empirical, and practical guide for estimating ordinal reliability coefficients for ordinal item response data (also referred to as Likert, Likert-type, ordered categorical, or rating scale item responses). Conventionally, reliability coefficients, such as Cronbach's alpha, are calculated using a Pearson…

The effect of ordinances requiring smoke-free restaurants on restaurant sales.

PubMed Central

Glantz, S A; Smith, L R

1994-01-01

OBJECTIVES: The effect on restaurant revenues of local ordinances requiring smoke-free restaurants is an important consideration for restauranteurs themselves and the cities that depend on sales tax revenues to provide services. METHODS: Data were obtained from the California State Board of Equalization and Colorado State Department of Revenue on taxable restaurant sales from 1986 (1982 for Aspen) through 1993 for all 15 cities where ordinances were in force, as well as for 15 similar control communities without smoke-free ordinances during this period. These data were analyzed using multiple regression, including time and a dummy variable for whether an ordinance was in force. Total restaurant sales were analyzed as a fraction of total retail sales and restaurant sales in smoke-free cities vs the comparison cities similar in population, median income, and other factors. RESULTS. Ordinances had no significant effect on the fraction of total retail sales that went to restaurants or on the ratio of restaurant sales in communities with ordinances compared with those in the matched control communities. CONCLUSIONS. Smoke-free restaurant ordinances do not adversely affect restaurant sales. PMID:8017529

Ordinal measures for iris recognition.

PubMed

Sun, Zhenan; Tan, Tieniu

2009-12-01

Images of a human iris contain rich texture information useful for identity authentication. A key and still open issue in iris recognition is how best to represent such textural information using a compact set of features (iris features). In this paper, we propose using ordinal measures for iris feature representation with the objective of characterizing qualitative relationships between iris regions rather than precise measurements of iris image structures. Such a representation may lose some image-specific information, but it achieves a good trade-off between distinctiveness and robustness. We show that ordinal measures are intrinsic features of iris patterns and largely invariant to illumination changes. Moreover, compactness and low computational complexity of ordinal measures enable highly efficient iris recognition. Ordinal measures are a general concept useful for image analysis and many variants can be derived for ordinal feature extraction. In this paper, we develop multilobe differential filters to compute ordinal measures with flexible intralobe and interlobe parameters such as location, scale, orientation, and distance. Experimental results on three public iris image databases demonstrate the effectiveness of the proposed ordinal feature models.

Food marketing to children through toys: response of restaurants to the first U.S. toy ordinance.

PubMed

Otten, Jennifer J; Hekler, Eric B; Krukowski, Rebecca A; Buman, Matthew P; Saelens, Brian E; Gardner, Christopher D; King, Abby C

2012-01-01

On August 9, 2010, Santa Clara County CA became the first U.S. jurisdiction to implement an ordinance that prohibits the distribution of toys and other incentives to children in conjunction with meals, foods, or beverages that do not meet minimal nutritional criteria. Restaurants had many different options for complying with this ordinance, such as introducing more healthful menu options, reformulating current menu items, or changing marketing or toy distribution practices. To assess how ordinance-affected restaurants changed their child menus, marketing, and toy distribution practices relative to non-affected restaurants. Children's menu items and child-directed marketing and toy distribution practices were examined before and at two time points after ordinance implementation (from July through November 2010) at ordinance-affected fast-food restaurants compared with demographically matched unaffected same-chain restaurants using the Children's Menu Assessment tool. Affected restaurants showed a 2.8- to 3.4-fold improvement in Children's Menu Assessment scores from pre- to post-ordinance with minimal changes at unaffected restaurants. Response to the ordinance varied by restaurant. Improvements were seen in on-site nutritional guidance; promotion of healthy meals, beverages, and side items; and toy marketing and distribution activities. The ordinance appears to have positively influenced marketing of healthful menu items and toys as well as toy distribution practices at ordinance-affected restaurants, but did not affect the number of healthful food items offered. Copyright © 2012 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

Gymnastics Safety and The Law.

ERIC Educational Resources Information Center

Dailey, Bob

Data collected from the National Electronic Injury Surveillance System (NEISS) and 26 tort liability cases are examined as a basis for recommendations for gymnastics instructors, supervisors, and administrators. Tables supply supportive statistics for a discussion of gymnastics injuries classified by sex, body part injured, severity, and…

Defining a Road Safety Audits Program for Enhancing Safety and Reducing Tort Liability

DOT National Transportation Integrated Search

2000-07-01

Table of Contents: (1) Introduction; (2) Review of Safety Issues; (3) Review of Legal Liability Issues; (4) Summary of Safety and Legal Liability Issues. Prepared in cooperation with Wyoming Univ., Laramie. Dept. of Civil and Architectural Engineerin...

32 CFR 750.32 - Suits under the Federal Tort Claims Act (FTCA).

Code of Federal Regulations, 2010 CFR

2010-07-01

... or omission complained of occurred. 28 U.S.C. 1402. (b) Jury trial. There is no right to trial by jury in suits brought under the FTCA. 28 U.S.C. 2402. (c) Settlement. The Attorney General of the...

Research in Brief.

ERIC Educational Resources Information Center

Journalism Quarterly, 1980

1980-01-01

Eight brief research reports concerning a newspaper's conversion to VDTs, media evaluation by police chiefs, defending and indemnifying reporters in tort actions, newsmagazine coverage of the Supreme Court, pricing of advertising in weekly newspapers, the importance of writing, "yeasaying" in readership surveys, and public service utilization by…

32 CFR 750.34 - Settlement and payment.

Code of Federal Regulations, 2010 CFR

2010-07-01

... on a Standard Form 95. (2) Contents. Every settlement agreement must contain language indicating... language indicating acceptance of the settlement amount by the claimant, or his agent or legal...) Adjudicating authority. The Department of the Navy's tort claims adjudication function is consolidated as the...

Academic Advising and Potential Litigation.

ERIC Educational Resources Information Center

Schubert, Arline F.; Schubert, George W.

1983-01-01

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

When School Management Companies Fail: Righting Educational Wrongs.

ERIC Educational Resources Information Center

Conn, Kathleen

2002-01-01

Reviews public school system of education; describes school management companies (nonprofit, for profit) and their fiduciary duties; discusses monitoring the performance of school management companies; describes legal mechanisms and remedies (tort, contract, agency, and constitutional law) for holding school management companies accountable.…

Dynamically Consistent Shallow-Atmosphere Equations with a Complete Coriolis force

NASA Astrophysics Data System (ADS)

Tort, Marine; Dubos, Thomas; Bouchut, François; Zeitlin, Vladimir

2014-05-01

Dynamically Consistent Shallow-Atmosphere Equations with a Complete Coriolis force Marine Tort1, Thomas Dubos1, François Bouchut2 & Vladimir Zeitlin1,3 1 Laboratoire of Dynamical Meteorology, Univ. P. and M. Curie, Ecole Normale Supérieure, and Ecole Polytechnique, FRANCE 2 Université Paris-Est, Laboratoire d'Analyse et de Mathématiques Appliquées, FRANCE 3 Institut Universitaire de France Atmospheric and oceanic motion are usually modeled within the shallow-fluid approximation, which simplifies the 3D spherical geometry. For dynamical consistency, i.e. to ensure conservation laws for potential vorticity, energy and angular momentum, the horizontal component of the Coriolis force is neglected. Here new equation sets combining consistently a simplified shallow-fluid geometry with a complete Coriolis force is presented. The derivation invokes Hamilton's principle of least action with an approximate Lagrangian capturing the small increase with height of the solid-body entrainment velocity due to planetary rotation. A three-dimensional compressible model and a one-layer shallow-water model are obtained. The latter extends previous work done on the f-plane and β-plane. Preliminary numerical results confirm the accuracy of the 3D model within the range of parameters for which the equations are relevant. These new models could be useful to incorporate a full Coriolis force into existing numerical models and to disentangle the effects of the shallow-atmosphere approximation from those of the traditional approximation. Related papers: Tort M., Dubos T., Bouchut F. and Zeitlin V. Consistent shallow-water equations on the rotating sphere with complete Coriolis force and topography. J. Fluid Mech. (under revisions) Tort M. and Dubos T. Dynamically consistent shallow-atmosphere equations with a complete Coriolis force. Q.J.R. Meteorol. Soc. (DOI: 10.1002/qj.2274)

25 CFR 522.7 - Disapproval of a class III ordinance.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false Disapproval of a class III ordinance. 522.7 Section 522.7 Indians NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR APPROVAL OF CLASS II AND CLASS III ORDINANCES AND RESOLUTIONS SUBMISSION OF GAMING ORDINANCE OR RESOLUTION § 522.7 Disapproval of a class III...

25 CFR 522.5 - Disapproval of a class II ordinance.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false Disapproval of a class II ordinance. 522.5 Section 522.5 Indians NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR APPROVAL OF CLASS II AND CLASS III ORDINANCES AND RESOLUTIONS SUBMISSION OF GAMING ORDINANCE OR RESOLUTION § 522.5 Disapproval of a class II...

Ordinary Least Squares Estimation of Parameters in Exploratory Factor Analysis with Ordinal Data

ERIC Educational Resources Information Center

Lee, Chun-Ting; Zhang, Guangjian; Edwards, Michael C.

2012-01-01

Exploratory factor analysis (EFA) is often conducted with ordinal data (e.g., items with 5-point responses) in the social and behavioral sciences. These ordinal variables are often treated as if they were continuous in practice. An alternative strategy is to assume that a normally distributed continuous variable underlies each ordinal variable.…

Local Area Co-Ordination: Strengthening Support for People with Learning Disabilities in Scotland

ERIC Educational Resources Information Center

Stalker, Kirsten Ogilvie; Malloch, Margaret; Barry, Monica Anne; Watson, June Ann

2008-01-01

This paper reports the findings of a study commissioned by the Scottish Executive which examined the introduction and implementation of local area co-ordination (LAC) in Scotland. A questionnaire about their posts was completed by 44 local area co-ordinators, interviews were conducted with 35 local area co-ordinators and 14 managers and case…

[Status of law-making on animal welfare].

PubMed

Polten, B

2007-03-01

Since the last report there have been major revisions of laws and ordinances. Deliberations on rules of Community law were also continued. On national level, the Act on the Shoeing of Horses amending the Animal Welfare Act and amendments of animal welfare provisions as well as the Deregulation Act were prepared, some of which have meanwhile entered into force. At legislative level, the work on the ratification laws for the Council of Europe conventions (Strasbourg) was concluded in order to enable Germany to adopt the revisions. They include (1) the European Convention for the protection of animals used for experimental purposes and (2) the European Convention for the protection of animals during international transport. At the level of ordinances, the amendment and extension of the Animal Welfare -Farm Animal Husbandry Ordinance are of vital importance for the sections on pig farming and laying hen husbandry. Another section refers to the husbandry of fur animals, on which an ordinance has been submitted to the Bundesrat (German upper house of Parliament). Deliberations on this issue have been adjourned. Drafts of a circus register were prepared to amend the Animal Welfare Act and to adopt a separate ordinance, and they are being discussed with the federal states and associations. Previously,the rules of Community law in the area of animal welfare were adopted as EC directives which the member states had to transfer in national law. This was done by incorporating them into national laws or ordinances, with non-compliance having to be sanctioned. It is the member states' responsibility to establish sanctions. Yet the Commission has introduced a directly operative animal welfare legislation by adopting EC Regulation 1/2005 on the protection of animals during transport. This means that a national implementation is not required. Nevertheless, the establishment of sanctions continues to be the responsibility of the member states. A special authorisation by the legislator is required to be able to impose sanctions based on directly applicable EC law. This is done via the already mentioned Act on the Shoeing of Horses and amendment. To establish sanctions for this Community legislation, a "Sanctions Ordinance" is currently being discussed by the different departments. This way, a link between directly applicable Community legislation and national sanctions is established. At EC level there are currently discussed (1) the "Animal Welfare Action Plan", (2) a draft directive laying down minimum rules for the protection of chickens kept for meat production and (3) preparations for a revision of the directive on the protection of animals used for experimental purposes have become known due to the preparation of a related impact assessment. At the level of international law, the Council of Europe has concluded its work on Annex A of the convention for the protection of animals used for experimental purposes. With regard to the European Convention for the protection of animals kept for farming purposes, the deliberations on fish and fattening rabbits are being continued. There is a discussion on the technical details of the Transport Convention. Since the first animal welfare conference of the International Office of epizootics (OlE) in February 2004 in Paris, two very comprehensive codes on slaughter of animals and on animal transport were adopted. The inclusion of further animal welfare issues into the OIE work programme will be discussed in the next future.

Tourism and hotel revenues before and after passage of smoke-free restaurant ordinances.

PubMed

Glantz, S A; Charlesworth, A

1999-05-26

Claims that ordinances requiring smoke-free restaurants will adversely affect tourism have been used to argue against passing such ordinances. Data exist regarding the validity of these claims. To determine the changes in hotel revenues and international tourism after passage of smoke-free restaurant ordinances in locales where the effect has been debated. Comparison of hotel revenues and tourism rates before and after passage of 100% smoke-free restaurant ordinances and comparison with US hotel revenue overall. Three states (California, Utah, and Vermont) and 6 cities (Boulder, Colo; Flagstaff, Ariz; Los Angeles, Calif; Mesa, Ariz; New York, NY; and San Francisco, Calif) in which the effect on tourism of smoke-free restaurant ordinances had been debated. Hotel room revenues and hotel revenues as a fraction of total retail sales compared with preordinance revenues and overall US revenues. In constant 1997 dollars, passage of the smoke-free restaurant ordinance was associated with a statistically significant increase in the rate of change of hotel revenues in 4 localities, no significant change in 4 localities, and a significant slowing in the rate of increase (but not a decrease) in 1 locality. There was no significant change in the rate of change of hotel revenues as a fraction of total retail sales (P=.16) or total US hotel revenues associated with the ordinances when pooled across all localities (P = .93). International tourism was either unaffected or increased following implementation of the smoke-free ordinances. Smoke-free ordinances do not appear to adversely affect, and may increase, tourist business.

The Law, the Student, and the Catholic School.

ERIC Educational Resources Information Center

Permuth, Steve; And Others

Providing explanatory information regarding the legal principles and issues affecting Catholic school educators, this handbook summarizes student rights, contractual arrangements, and state and federal requirements as they apply to parochial schools. The legal issues involved in torts of negligence, including establishment and violation of…

41 CFR 102-37.205 - What agreements must a SASP make?

Code of Federal Regulations, 2010 CFR

2010-07-01

... event of loss or damage due to negligence or willful misconduct on your part, repair, replace, or pay to... provided for by the Federal Tort Claims Act (28 U.S.C. 2671, et seq.). [67 FR 2584, Jan. 18, 2002, as...

Privacy Law and Print Photojournalism.

ERIC Educational Resources Information Center

Dykhouse, Caroline Dow

Reviews of publications about privacy law, of recent court actions, and of interviews with newspaper photographers and attorneys indicate that torts of privacy often conflict with the freedoms to publish and to gather news. Although some guidelines have already been established (about running distorted pictures, "stealing" pictures, taking…

An action plan for risk management in the Virginia Department of Transportation : final report.

DOT National Transportation Integrated Search

1991-01-01

In part 3 of a three-phase effort, the Virginia Transportation Research Council was requested by the Virginia Department of Transportation (VDOT) to develop a comprehensive risk management system to confront the threat of tort liability caused by tra...

Tort reform and "smart" highways : are liability concerns impeding the development of cost-effective intelligent vehicle-highway systems? : final report.

DOT National Transportation Integrated Search

1994-01-01

Highly automated vehicles and highways--which permit higher travel speeds, narrower lanes, smaller headways between vehicles, and optimized routing (collectively called intelligent vehicle-highway systems or IVHS)-- have been generally conceded to be...

Student Suicide: Could You Be Held Liable?

ERIC Educational Resources Information Center

Taylor, Kelley R.

2001-01-01

Two legal theories inspire suicide-related lawsuits: tort claims of negligence and constitutional claims based on due process. A well-known case illustrates a middle-schooler's suicide and a district's negligence. Liability factors include duty, foreseeability, special relationship, danger creation, and immunity/contributory negligence. (MLH)

Discipline Based Instruction in Business Law

ERIC Educational Resources Information Center

Custin, Richard E.; Demas, John C.; Lampe, Marc; Custin, Colette L.

2013-01-01

Undergraduate business law courses typically utilize traditional textbooks organized by topic. Individual chapters, address the usual topics including contracts, torts, the court system and ethics. An innovative approach to facilitating a business law course involves segregating sections of the course into common business disciplines. Rather than…

Monitoring Patient Drug Profiles and the Legal Liability of the Pharmacist

ERIC Educational Resources Information Center

Salisbury, Rupert

1976-01-01

With consideration given to tort law, specifically Negligence, the author analyzes the standard of care, determines what factors may alter the standard, and suggests how the standard of care may vary with the advent of new developments in any field. (LBH)

Malpractice and the Communication Consultant: A Proactive Approach.

ERIC Educational Resources Information Center

Montgomery, Daniel J.; And Others

1995-01-01

Provides communication practitioners with an overview of legal and ethical issues facing individuals who market themselves as professional communication consultants. Discusses the tort of negligence. Outlines court-supported practices that professional consultants might use to help protect clients and themselves. Argues that an understanding of…

Digital Privacy: Toward a New Politics and Discursive Practice.

ERIC Educational Resources Information Center

Doty, Philip

2001-01-01

Discussion of privacy focuses on digital environments and a more inclusive understanding of privacy. Highlights include legal and policy conceptions; legislation protecting privacy; relevant Supreme Court cases; torts and privacy; European and other efforts; surveillance and social control; information entrepreneurialism; Jurgen Habermas; free…

Survey of local forestry-related ordinances and regulations in the south

Treesearch

Jonathan J. Spink; Karry L. Haney; John L. Greene

2000-01-01

A survey of the 13 southern states was conducted in 1999-2000 to obtain a comprehensive list of forestry-related ordinances enacted by various local governments. Each ordinance was examined to determine the date of adoption, regulatory objective, and its regu1atory provisions. Based on the regulatory objective, the ordinances were categorized into five general types:...

Knowledge of the ordinal position of list items in pigeons.

PubMed

Scarf, Damian; Colombo, Michael

2011-10-01

Ordinal knowledge is a fundamental aspect of advanced cognition. It is self-evident that humans represent ordinal knowledge, and over the past 20 years it has become clear that nonhuman primates share this ability. In contrast, evidence that nonprimate species represent ordinal knowledge is missing from the comparative literature. To address this issue, in the present experiment we trained pigeons on three 4-item lists and then tested them with derived lists in which, relative to the training lists, the ordinal position of the items was either maintained or changed. Similar to the findings with human and nonhuman primates, our pigeons performed markedly better on the maintained lists compared to the changed lists, and displayed errors consistent with the view that they used their knowledge of ordinal position to guide responding on the derived lists. These findings demonstrate that the ability to acquire ordinal knowledge is not unique to the primate lineage. (PsycINFO Database Record (c) 2011 APA, all rights reserved).

[Ordinance No. 91-240 of 25 February 1991 relating to the Labor Code applicable to the Territory of Mayotte].

PubMed

1991-03-06

This Law sets forth the Labor Code for the French territory of Mayotte. The Code contains the following provisions relating to sex discrimination, maternity leave, night work, and the employment of foreigners: a) employers are prohibited from discriminating against women who are pregnant; b) women are entitled to fully paid maternity leave of 14 weeks, 8 weeks before and 6 weeks after giving birth; c) the employer and the Government will each pay for half of the worker's salary during this leave; d) discrimination on the basis of sex or family situation is prohibited in advertisements, offers of employment, hiring, firing, pay, training, job classification, and promotion; e) retaliation for instituting an action for sex discrimination is prohibited; f) men and women are guaranteed equal pay for equal work or work of an equivalent value; g) women may not perform work at night in factories, mines, building sites, workshops, public or ministerial offices, places of professional work, companies, unions, or associations of any sort, unless they are in management positions; and h) a foreigner may not engage in a professional activity in Mayotte without authorization. The Law prescribes penalties for violations of these provisions.

Urban Runoff: Model Ordinances for Erosion and Sediment Control

EPA Pesticide Factsheets

The model ordinance in this section borrows language from the erosion and sediment control ordinance features that might help prevent erosion and sedimentation and protect natural resources more fully.

34 CFR 35.8 - Release.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Release. 35.8 Section 35.8 Education Office of the Secretary, Department of Education TORT CLAIMS AGAINST THE GOVERNMENT Procedures § 35.8 Release. Acceptance by the claimant, his agent or legal representative, of any award, compromise or settlement made...

12 CFR 7.4007 - Deposit-taking.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Federal law, state laws that obstruct, impair, or condition a national bank's ability to fully exercise... bank may exercise its deposit-taking powers without regard to state law limitations concerning: (i... exercise of national banks' deposit-taking powers: (1) Contracts; (2) Torts; (3) Criminal law; 5 5 But see...

The Law of Higher Education and the Courts: 1994 in Review.

ERIC Educational Resources Information Center

Robinson, John H.; Pieronek, Catherine

1996-01-01

The review of 1994 judicial pronouncements on the law of higher education reports on and discusses cases addressing the First Amendment, invasion of privacy, tort liability, immunities, civil procedure, access to records and meetings, funding, employment, disciplinary decision, discrimination against students, intercollegiate athletics, and…

40 CFR 10.10 - Limitation on Environmental Protection Agency's authority.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 40 Protection of Environment 1 2013-07-01 2013-07-01 false Limitation on Environmental Protection Agency's authority. 10.10 Section 10.10 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Procedures § 10.10 Limitation on Environmental Protection...

22 CFR 304.5 - Investigations.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Investigations. 304.5 Section 304.5 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.5 Investigations. The Peace Corps may investigate, or the General Counsel may request any other Federal agency to...

22 CFR 304.5 - Investigations.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Investigations. 304.5 Section 304.5 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.5 Investigations. The Peace Corps may investigate, or the General Counsel may request any other Federal agency to...

A Legal Brief--Unfulfilled Hiring Promises.

ERIC Educational Resources Information Center

Zirkel, Perry A.; Gluckman, Ivan B.

1988-01-01

Using a specific case, this article reviews some common areas of contract and tort law applicable to principals and employment practices in public and private schools. The question/answer format treats contract validity, negligent misrepresentation, and constitutionality issues involved in a case based on unfulfilled hiring promises. Includes four…

Personal Malpractice Liability of Reference Librarians and Information Brokers.

ERIC Educational Resources Information Center

Gray, John A.

1988-01-01

Reviews common law contract and tort bases for malpractice liability and their applicability to reference librarians, special librarians, and information brokers. The discussion covers the legal bases for professional malpractice liability, the librarian-patron relationship, the likelihood of lawsuits, and the need for personal liability…

Educators' Negligence: What, Why, and Who's Responsible?

ERIC Educational Resources Information Center

Dunklee, Dennis R.; Shoop, Robert J.

1988-01-01

The authors define negligence and cite specific examples where teachers were found accountable for their negligent actions related to their profession. They report results of an informal study of teacher knowledge of tort liability that indicate educators should be more knowledgeable about education law. Recommendations are included. (CH)

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 44 Emergency Management and Assistance 1 2014-10-01 2014-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

Medical Malpractice Reform: A Fix for a Problem Long out of Fashion.

PubMed

Kirkner, Richard Mark

2017-10-01

State tort reforms have all but relegated the malpractice crisis to the history books. But there's good news for those of you into all things retro: The House of Representatives just voted to fix the malpractice crisis by a 222-197 margin.

Effectiveness of lycopene on experimental testicular torsion.

PubMed

Güzel, Mahmut; Sönmez, Mehmet Fatih; Baştuğ, Osman; Aras, Necip Fazıl; Öztürk, Ayşe Betül; Küçükaydın, Mustafa; Turan, Cüneyt

2016-07-01

We aimed to demonstrate the long term effectiveness of lycopene, a precursor of vitamin A, on the testes for ischemia-reperfusion injury. Seventy male Wistar albino rats were used for this experiment. The rats were divided into seven groups. Group 1 served as the control group; group 2 was sham-operated; group 3 received 20mg/kg/day lycopene (intraperitoneally); in group 4, the right testes of rats were kept torted for 2hours and then were detorted and the animals lived for three days; in group 5, the right testes of rats were kept torted for 2hours and then were detorted and the animals lived for ten days; in group 6, the right testes of the rats were kept torted for 2hours and then detorted and the animals received 20mg/kg/day lycopene (intraperitoneally) for three days; in group 7, the right testes of the rats were kept torted for 2hours and then were detorted and the animals received 20mg/kg/day lycopene (intraperitoneally) for ten days. Lycopene was used intraperitoneally. Some of the testes tissues were used for biochemical analyses and the other tissues were used for histological procedures. The Johnsen's score was used for seminiferous tubule deterioration. The TUNEL method was utilized to show apoptosis of testicular tissue. Testosterone levels were measured from blood samples and SOD, MDA, TNF-α, IL-1β and IL-6 measurements were recorded from tissue samples. The results were analyzed statistically. In groups 1, 2 and 3 there was normal testicular structure. Rats in groups 4 and 5 had damaged testicular tissues. In groups 6 and 7, in which we used lycopene, the testes were not better than those in groups 4 and 5. The MSTD and JTBS values were better in group 6, but not in group 7 among the torsion groups. As a result, MDA, SOD, TNF-α and IL-1β were increased and serum testosterone and IL-6 levels were decreased in groups 4 and 5 compared to group 1. There was no improvement in the groups treated with lycopene for therapeutic purposes. It was shown that lycopene, as an antioxidant agent, is not effective for testicular torsion in the long term. This study can be considered as a preliminary study showing the need for further researches using different antioxidant agents to determine their long term effects in ischemia-reperfusion injuries in an appropriate experimental design. Copyright © 2016 Elsevier Inc. All rights reserved.

Glycans: bioactive signals decoded by lectins.

PubMed

Gabius, Hans-Joachim

2008-12-01

The glycan part of cellular glycoconjugates affords a versatile means to build biochemical signals. These oligosaccharides have an exceptional talent in this respect. They surpass any other class of biomolecule in coding capacity within an oligomer (code word). Four structural factors account for this property: the potential for variability of linkage points, anomeric position and ring size as well as the aptitude for branching (first and second dimensions of the sugar code). Specific intermolecular recognition is favoured by abundant potential for hydrogen/co-ordination bonds and for C-H/pi-interactions. Fittingly, an array of protein folds has developed in evolution with the ability to select certain glycans from the natural diversity. The thermodynamics of this reaction profits from the occurrence of these ligands in only a few energetically favoured conformers, comparing favourably with highly flexible peptides (third dimension of the sugar code). Sequence, shape and local aspects of glycan presentation (e.g. multivalency) are key factors to regulate the avidity of lectin binding. At the level of cells, distinct glycan determinants, a result of enzymatic synthesis and dynamic remodelling, are being defined as biomarkers. Their presence gains a functional perspective by co-regulation of the cognate lectin as effector, for example in growth regulation. The way to tie sugar signal and lectin together is illustrated herein for two tumour model systems. In this sense, orchestration of glycan and lectin expression is an efficient means, with far-reaching relevance, to exploit the coding potential of oligosaccharides physiologically and medically.

Deep generative learning of location-invariant visual word recognition.

PubMed

Di Bono, Maria Grazia; Zorzi, Marco

2013-01-01

It is widely believed that orthographic processing implies an approximate, flexible coding of letter position, as shown by relative-position and transposition priming effects in visual word recognition. These findings have inspired alternative proposals about the representation of letter position, ranging from noisy coding across the ordinal positions to relative position coding based on open bigrams. This debate can be cast within the broader problem of learning location-invariant representations of written words, that is, a coding scheme abstracting the identity and position of letters (and combinations of letters) from their eye-centered (i.e., retinal) locations. We asked whether location-invariance would emerge from deep unsupervised learning on letter strings and what type of intermediate coding would emerge in the resulting hierarchical generative model. We trained a deep network with three hidden layers on an artificial dataset of letter strings presented at five possible retinal locations. Though word-level information (i.e., word identity) was never provided to the network during training, linear decoding from the activity of the deepest hidden layer yielded near-perfect accuracy in location-invariant word recognition. Conversely, decoding from lower layers yielded a large number of transposition errors. Analyses of emergent internal representations showed that word selectivity and location invariance increased as a function of layer depth. Word-tuning and location-invariance were found at the level of single neurons, but there was no evidence for bigram coding. Finally, the distributed internal representation of words at the deepest layer showed higher similarity to the representation elicited by the two exterior letters than by other combinations of two contiguous letters, in agreement with the hypothesis that word edges have special status. These results reveal that the efficient coding of written words-which was the model's learning objective-is largely based on letter-level information.

On the ordinality of numbers: A review of neural and behavioral studies.

PubMed

Lyons, I M; Vogel, S E; Ansari, D

2016-01-01

The last several years have seen steady growth in research on the cognitive and neuronal mechanisms underlying how numbers are represented as part of ordered sequences. In the present review, we synthesize what is currently known about numerical ordinality from behavioral and neuroimaging research, point out major gaps in our current knowledge, and propose several hypotheses that may bear further investigation. Evidence suggests that how we process ordinality differs from how we process cardinality, but that this difference depends strongly on context-in particular, whether numbers are presented symbolically or nonsymbolically. Results also reveal many commonalities between numerical and nonnumerical ordinal processing; however, the degree to which numerical ordinality can be reduced to domain-general mechanisms remains unclear. One proposal is that numerical ordinality relies upon more general short-term memory mechanisms as well as more numerically specific long-term memory representations. It is also evident that numerical ordinality is highly multifaceted, with symbolic representations in particular allowing for a wide range of different types of ordinal relations, the complexity of which appears to increase over development. We examine the proposal that these relations may form the basis of a richer set of associations that may prove crucial to the emergence of more complex math abilities and concepts. In sum, ordinality appears to be an important and relatively understudied facet of numerical cognition that presents substantial opportunities for new and ground-breaking research. © 2016 Elsevier B.V. All rights reserved.

Open disclosure: ethical, professional and legal obligations, and the way forward for regulation.

PubMed

Finlay, Angus J F; Stewart, Cameron L; Parker, Malcolm

2013-05-06

Open disclosure (OD) after adverse health care events is the subject of a national standard that has been implemented in state health policy documents, and is included in the Medical Board of Australia's code of conduct for doctors. Nevertheless, doctors have been slow to embrace the practice of OD. There is a strong ethical case for implementing OD in the primary interests of patients, and additionally from a medicolegal risk management point of view. There are no statutory requirements in relation to OD, but common law judgments have imposed a duty of OD in tort and contract. There are a number of barriers to the better uptake and implementation of OD, including perceptions of legal risk, lack of education and training, reluctance to admit error, uncertainty concerning what and how much to disclose, and the variations in state and territory "apology laws". The implementation of OD could be improved by making apology laws consistent across jurisdictions, including providing "blanket" cover for admissions of fault; by preventing insurers voiding contracts when apologies are made, either through self-regulation or legislation; and by inserting OD obligations into different structures within the health system.

Blanket activation and afterheat for the Compact Reversed-Field Pinch Reactor

NASA Astrophysics Data System (ADS)

Davidson, J. W.; Battat, M. E.

A detailed assessment has been made of the activation and afterheat for a Compact Reversed-Field Pinch Reactor (CRFPR) blanket using a two-dimensional model that included the limiter, the vacuum ducts, and the manifolds and headers for cooling the limiter and the first and second walls. Region-averaged, multigroup fluxes and prompt gamma-ray/neutron heating rates were calculated using the two-dimensional, discrete-ordinates code TRISM. Activation and depletion calculations were performed with the code FORIG using one-group cross sections generated with the TRISM region-averaged fluxes. Afterheat calculations were performed for regions near the plasma, i.e., the limiter, first wall, etc. assuming a 10-day irradiation. Decay heats were computed for decay periods up to 100 minutes. For the activation calculations, the irradiation period was taken to be one year and blanket activity inventories were computed for decay times to 4 x 10 years. These activities were also calculated as the toxicity-weighted biological hazard potential (BHP).

Multidimensional Modeling of Atmospheric Effects and Surface Heterogeneities on Remote Sensing

NASA Technical Reports Server (NTRS)

Gerstl, S. A. W.; Simmer, C.; Zardecki, A. (Principal Investigator)

1985-01-01

The overall goal of this project is to establish a modeling capability that allows a quantitative determination of atmospheric effects on remote sensing including the effects of surface heterogeneities. This includes an improved understanding of aerosol and haze effects in connection with structural, angular, and spatial surface heterogeneities. One important objective of the research is the possible identification of intrinsic surface or canopy characteristics that might be invariant to atmospheric perturbations so that they could be used for scene identification. Conversely, an equally important objective is to find a correction algorithm for atmospheric effects in satellite-sensed surface reflectances. The technical approach is centered around a systematic model and code development effort based on existing, highly advanced computer codes that were originally developed for nuclear radiation shielding applications. Computational techniques for the numerical solution of the radiative transfer equation are adapted on the basis of the discrete-ordinates finite-element method which proved highly successful for one and two-dimensional radiative transfer problems with fully resolved angular representation of the radiation field.

Verification of ARES transport code system with TAKEDA benchmarks

NASA Astrophysics Data System (ADS)

Zhang, Liang; Zhang, Bin; Zhang, Penghe; Chen, Mengteng; Zhao, Jingchang; Zhang, Shun; Chen, Yixue

2015-10-01

Neutron transport modeling and simulation are central to many areas of nuclear technology, including reactor core analysis, radiation shielding and radiation detection. In this paper the series of TAKEDA benchmarks are modeled to verify the critical calculation capability of ARES, a discrete ordinates neutral particle transport code system. SALOME platform is coupled with ARES to provide geometry modeling and mesh generation function. The Koch-Baker-Alcouffe parallel sweep algorithm is applied to accelerate the traditional transport calculation process. The results show that the eigenvalues calculated by ARES are in excellent agreement with the reference values presented in NEACRP-L-330, with a difference less than 30 pcm except for the first case of model 3. Additionally, ARES provides accurate fluxes distribution compared to reference values, with a deviation less than 2% for region-averaged fluxes in all cases. All of these confirms the feasibility of ARES-SALOME coupling and demonstrate that ARES has a good performance in critical calculation.

BUGJEFF311.BOLIB (JEFF-3.1.1) and BUGENDF70.BOLIB (ENDF/B-VII.0) - Generation Methodology and Preliminary Testing of two ENEA-Bologna Group Cross Section Libraries for LWR Shielding and Pressure Vessel Dosimetry

NASA Astrophysics Data System (ADS)

Pescarini, Massimo; Sinitsa, Valentin; Orsi, Roberto; Frisoni, Manuela

2016-02-01

Two broad-group coupled neutron/photon working cross section libraries in FIDO-ANISN format, dedicated to LWR shielding and pressure vessel dosimetry applications, were generated following the methodology recommended by the US ANSI/ANS-6.1.2-1999 (R2009) standard. These libraries, named BUGJEFF311.BOLIB and BUGENDF70.BOLIB, are respectively based on JEFF-3.1.1 and ENDF/B-VII.0 nuclear data and adopt the same broad-group energy structure (47 n + 20 γ) of the ORNL BUGLE-96 similar library. They were respectively obtained from the ENEA-Bologna VITJEFF311.BOLIB and VITENDF70.BOLIB libraries in AMPX format for nuclear fission applications through problem-dependent cross section collapsing with the ENEA-Bologna 2007 revision of the ORNL SCAMPI nuclear data processing system. Both previous libraries are based on the Bondarenko self-shielding factor method and have the same AMPX format and fine-group energy structure (199 n + 42 γ) as the ORNL VITAMIN-B6 similar library from which BUGLE-96 was obtained at ORNL. A synthesis of a preliminary validation of the cited BUGLE-type libraries, performed through 3D fixed source transport calculations with the ORNL TORT-3.2 SN code, is included. The calculations were dedicated to the PCA-Replica 12/13 and VENUS-3 engineering neutron shielding benchmark experiments, specifically conceived to test the accuracy of nuclear data and transport codes in LWR shielding and radiation damage analyses.

Semi-supervised learning for ordinal Kernel Discriminant Analysis.

PubMed

Pérez-Ortiz, M; Gutiérrez, P A; Carbonero-Ruz, M; Hervás-Martínez, C

2016-12-01

Ordinal classification considers those classification problems where the labels of the variable to predict follow a given order. Naturally, labelled data is scarce or difficult to obtain in this type of problems because, in many cases, ordinal labels are given by a user or expert (e.g. in recommendation systems). Firstly, this paper develops a new strategy for ordinal classification where both labelled and unlabelled data are used in the model construction step (a scheme which is referred to as semi-supervised learning). More specifically, the ordinal version of kernel discriminant learning is extended for this setting considering the neighbourhood information of unlabelled data, which is proposed to be computed in the feature space induced by the kernel function. Secondly, a new method for semi-supervised kernel learning is devised in the context of ordinal classification, which is combined with our developed classification strategy to optimise the kernel parameters. The experiments conducted compare 6 different approaches for semi-supervised learning in the context of ordinal classification in a battery of 30 datasets, showing (1) the good synergy of the ordinal version of discriminant analysis and the use of unlabelled data and (2) the advantage of computing distances in the feature space induced by the kernel function. Copyright © 2016 Elsevier Ltd. All rights reserved.

Robust image region descriptor using local derivative ordinal binary pattern

NASA Astrophysics Data System (ADS)

Shang, Jun; Chen, Chuanbo; Pei, Xiaobing; Liang, Hu; Tang, He; Sarem, Mudar

2015-05-01

Binary image descriptors have received a lot of attention in recent years, since they provide numerous advantages, such as low memory footprint and efficient matching strategy. However, they utilize intermediate representations and are generally less discriminative than floating-point descriptors. We propose an image region descriptor, namely local derivative ordinal binary pattern, for object recognition and image categorization. In order to preserve more local contrast and edge information, we quantize the intensity differences between the central pixels and their neighbors of the detected local affine covariant regions in an adaptive way. These differences are then sorted and mapped into binary codes and histogrammed with a weight of the sum of the absolute value of the differences. Furthermore, the gray level of the central pixel is quantized to further improve the discriminative ability. Finally, we combine them to form a joint histogram to represent the features of the image. We observe that our descriptor preserves more local brightness and edge information than traditional binary descriptors. Also, our descriptor is robust to rotation, illumination variations, and other geometric transformations. We conduct extensive experiments on the standard ETHZ and Kentucky datasets for object recognition and PASCAL for image classification. The experimental results show that our descriptor outperforms existing state-of-the-art methods.

The use of generalized linear models and generalized estimating equations in bioarchaeological studies.

PubMed

Nikita, Efthymia

2014-03-01

The current article explores whether the application of generalized linear models (GLM) and generalized estimating equations (GEE) can be used in place of conventional statistical analyses in the study of ordinal data that code an underlying continuous variable, like entheseal changes. The analysis of artificial data and ordinal data expressing entheseal changes in archaeological North African populations gave the following results. Parametric and nonparametric tests give convergent results particularly for P values <0.1, irrespective of whether the underlying variable is normally distributed or not under the condition that the samples involved in the tests exhibit approximately equal sizes. If this prerequisite is valid and provided that the samples are of equal variances, analysis of covariance may be adopted. GLM are not subject to constraints and give results that converge to those obtained from all nonparametric tests. Therefore, they can be used instead of traditional tests as they give the same amount of information as them, but with the advantage of allowing the study of the simultaneous impact of multiple predictors and their interactions and the modeling of the experimental data. However, GLM should be replaced by GEE for the study of bilateral asymmetry and in general when paired samples are tested, because GEE are appropriate for correlated data. Copyright © 2013 Wiley Periodicals, Inc.

Reduction from cost-sensitive ordinal ranking to weighted binary classification.

PubMed

Lin, Hsuan-Tien; Li, Ling

2012-05-01

We present a reduction framework from ordinal ranking to binary classification. The framework consists of three steps: extracting extended examples from the original examples, learning a binary classifier on the extended examples with any binary classification algorithm, and constructing a ranker from the binary classifier. Based on the framework, we show that a weighted 0/1 loss of the binary classifier upper-bounds the mislabeling cost of the ranker, both error-wise and regret-wise. Our framework allows not only the design of good ordinal ranking algorithms based on well-tuned binary classification approaches, but also the derivation of new generalization bounds for ordinal ranking from known bounds for binary classification. In addition, our framework unifies many existing ordinal ranking algorithms, such as perceptron ranking and support vector ordinal regression. When compared empirically on benchmark data sets, some of our newly designed algorithms enjoy advantages in terms of both training speed and generalization performance over existing algorithms. In addition, the newly designed algorithms lead to better cost-sensitive ordinal ranking performance, as well as improved listwise ranking performance.

Chemistry, Courtrooms, and Common Sense. Part I: Negligence and Duty.

ERIC Educational Resources Information Center

Gass, J. Ric

1990-01-01

Discussed are concepts involved in legal liability for laboratory accidents. The focus of this article is on negligence, duty, and responsibility issues. Highlighted are the basis of a lawsuit, negligent tort, duty and breech of duty, and cause and harm. Thirty-one cases are cited. (CW)

Legal Liability in the Gymnasium.

ERIC Educational Resources Information Center

Oregon State Dept. of Education, Salem.

The legal system has significantly influenced the everyday operation of American public schools in the last 20 years. Because of the increasing probability of teacher involvement in a legal incident, a working knowledge of the law as it relates to physical education is important. Included in this document, which focuses on tort liability for…

They'll Be Suing You.

ERIC Educational Resources Information Center

Weeks, Kent M.

1980-01-01

Few claims for negligence or misrepresentation against higher education have been sustained, but several important cases in lower education have provided a framework for future litigation. It is noted that the students ultimately lost, but educators should not be lulled. The development of a new tort such as educational malpractice takes years.…

Legal Issues Affecting Faculty and Administration in Higher Education.

ERIC Educational Resources Information Center

Peach, Larry E.; Reddick, Thomas L.

Legal aspects of college teaching and administration are discussed. The faculty and college are liable by tort law for students in three ways: intentional acts or interference, strict liability, and negligence. Intentional acts include improperly installed or dangerous equipment, while strict liability cases usually occur where fault is not…

32 CFR 752.1 - Scope.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Scope. 752.1 Section 752.1 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY CLAIMS ADMIRALTY CLAIMS § 752.1 Scope. This part applies to admiralty-tort claims. These include claims against the United States for damage caused by a...

Trends in Defamation Law: Let the Advisor Beware.

ERIC Educational Resources Information Center

King, Robert D.

1992-01-01

Although most lawsuits brought by students against a college are grounded on contract and due process theories, courts have been willing to consider students' defamation suits using tort theories. Recent changes in defamation law have engendered increased litigation and risk of liability for faculty and advisors. (Author/MSE)

Defamation and Freedom of the Press

ERIC Educational Resources Information Center

Keeton, W. Page

1976-01-01

The English and American defamation principles are compared, including the various privileges to defame and defenses to liability. The author, a professor of law in torts, suggests that the law of defamation can be simplified without upsetting the proper balance between protecting personal reputations and encouraging the free interchange of ideas.…

Faculty Tort Liability for Libelous Student Publications

ERIC Educational Resources Information Center

Stevens, George E.

1976-01-01

Examines recent court cases to determine whether a school administrator or faculty advisor may be legally responsible for defamation in a student publication. Concludes that the legal position of faculty members is unclear and recommends application of the U.S. Supreme Court's guidelines in Gertz v. Robert Welch, Inc. (JG)

HIV liability & disability services providers: an introduction to tort principles.

PubMed

Harvey, D C; Decker, C L

1991-08-01

Mental health and developmental disability services providers are concerned that liability issues regarding worker and client exposure to HIV have not been adequately addressed. By developing policy specifically in the areas of education, infection control practices, and confidentiality, providers may minimize findings of liability and protect patient rights.

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2010 CFR

2010-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

48 CFR 1828.311-1 - Contract clause.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Contract clause. 1828.311-1 Section 1828.311-1 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE ADMINISTRATION... its offer that it is totally immune from tort liability as a State agency or as a charitable...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2014 CFR

2014-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2013 CFR

2013-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2011 CFR

2011-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2012 CFR

2012-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 3 2014-07-01 2014-07-01 false Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 3 2012-07-01 2009-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

12 CFR 793.8 - Release.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Release. 793.8 Section 793.8 Banks and Banking... ADMINISTRATION TORT CLAIMS AGAINST THE GOVERNMENT Procedures § 793.8 Release. Acceptance by the claimant, his agent or legal representative, of any award, compromise or settlement made hereunder, shall be final and...

13 CFR 114.108 - What if my claim is approved?

Code of Federal Regulations, 2010 CFR

2010-01-01

... agent or legal representative the forms necessary to indicate satisfaction of your claim and your acceptance of the payment. Acceptance by you, your agent or your legal representative of any award, compromise or settlement releases all your claims against the United States under the Federal Tort Claims Act...

38 CFR 14.600 - Federal Tort Claims Act-general.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Network (VISN) Directors, and VA Medical Facility Directors; with respect to any claim for $2,500 or less..., Deputy General Counsel, and Assistant General Counsel (Professional Staff Group I) or those authorized to... Justice. (3) To the Regional Counsels and the Deputy Assistant General Counsel (Professional Staff Group I...

An Overview of Legal Principles and Issues Affecting Postsecondary Athletics.

ERIC Educational Resources Information Center

Kaplin, William A.

1977-01-01

Discussions of procedural due process, first amendment rights, sex discrimination, tort law, discrimination on the basis of handicap, and legal principles regarding athletic associations and conferences indicate the wide range of legal principles to which postsecondary athletic programs are subject. Sex discrimination is noted as a major issue in…

32 CFR 750.29 - Investigation and examination.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Investigation and examination. 750.29 Section 750.29 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY CLAIMS GENERAL CLAIMS REGULATIONS Federal Tort Claims Act § 750.29 Investigation and examination. Subpart A of this part requires an...

Teaching Strategy: Using the Civil Law Poster.

ERIC Educational Resources Information Center

Update on Law-Related Education, 1997

1997-01-01

Presents a series of instructional activities to be used in conjunction with a poster that identifies types of cases and processes associated with civil law. Includes procedures for the instructional activities, objectives, a poster, and student handouts using tables and graphs to illustrate current facts about tort law. (MJP)

Free medical care and consumer protection.

PubMed

Agrawal, Aniket Deepak; Banerjee, Arunabha

2011-01-01

This paper will examine the question of whether patients, who receive free medical care, whether from private charitable or governmental hospitals, can claim rights as 'consumers' under the Consumer Protection Act, 1986. The issue will be discussed from a constitutional perspective as well as that of the law of torts.

Gender Issues and Equity in Athletic Management.

ERIC Educational Resources Information Center

Miles, Albert S.; Miller, Michael T.; Newman, Richard E.

1999-01-01

Although discrimination is no longer routinely accepted in education, incidents of gender-based discrimination and harassment are being reported in record numbers. Schools must ensure equality of female athletic facilities; be aware of oral-contract, tort, and sexual harassment pitfalls; and meet Title IX's three-pronged compliance test. Contains…

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

Student Injuries at School: Who Is Responsible? You Be the Judge.

ERIC Educational Resources Information Center

Diamantes, Thomas; Roby, Douglas E.

2000-01-01

Reviews the concepts of negligence and "tort liability." Outlines briefly 10 legal cases that can be useful in explaining what the liability issues are for today's educators with regard to students who are injured while in school. Outlines six steps school officials should take to avoid negligence. (SR)

Tort liability : a handbook for employees of the Virginia Department of Transportation and Virginia municipal corporations, May 2003.

DOT National Transportation Integrated Search

2003-01-01

Transportation agencies and their employees have always been concerned with providing safe roadways for the public. In recent years, the concern for safety has expanded to include concerns about the high cost of suits brought by those who have suffer...

15 CFR 2.7 - Supplementary regulations.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 15 Commerce and Foreign Trade 1 2011-01-01 2011-01-01 false Supplementary regulations. 2.7 Section... SETTLEMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 2.7 Supplementary regulations. (a) The Assistant General Counsel for Finance and Litigation may from time to time issue such supplementary regulations or...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2013-07-01 2013-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2012-07-01 2012-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2014-07-01 2014-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

32 CFR 536.63 - Settlement agreements.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false Settlement agreements. 536.63 Section 536.63... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.63 Settlement agreements. (a) When... and 536.61. A settlement agreement is required prior to payment on all tort claims, whether the claim...

32 CFR 536.63 - Settlement agreements.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 3 2012-07-01 2009-07-01 true Settlement agreements. 536.63 Section 536.63... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.63 Settlement agreements. (a) When... and 536.61. A settlement agreement is required prior to payment on all tort claims, whether the claim...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2013 CFR

2013-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2012 CFR

2012-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2011 CFR

2011-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2014 CFR

2014-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

10 CFR 14.27 - Time limit.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 1 2010-01-01 2010-01-01 false Time limit. 14.27 Section 14.27 Energy NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Filing Procedures and Requirements § 14.27 Time limit. The claimant shall furnish evidence and information of the types described in 10 CFR 14.23...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 5 2013-07-01 2013-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

10 CFR 14.27 - Time limit.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 1 2013-01-01 2013-01-01 false Time limit. 14.27 Section 14.27 Energy NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Filing Procedures and Requirements § 14.27 Time limit. The claimant shall furnish evidence and information of the types described in 10 CFR 14.23...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 5 2014-07-01 2014-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

10 CFR 14.27 - Time limit.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 1 2014-01-01 2014-01-01 false Time limit. 14.27 Section 14.27 Energy NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Filing Procedures and Requirements § 14.27 Time limit. The claimant shall furnish evidence and information of the types described in 10 CFR 14.23...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

22 CFR 304.2 - Administrative claim; when presented; appropriate Peace Corps Office.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Administrative claim; when presented; appropriate Peace Corps Office. 304.2 Section 304.2 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.2 Administrative claim; when presented; appropriate Peace...

22 CFR 304.6 - Claims investigation.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Claims investigation. 304.6 Section 304.6 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.6 Claims investigation. (a) When a claim has been filed with the Peace Corps, the General Counsel will send...

22 CFR 304.2 - Administrative claim; when presented; appropriate Peace Corps Office.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Administrative claim; when presented; appropriate Peace Corps Office. 304.2 Section 304.2 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.2 Administrative claim; when presented; appropriate Peace...

22 CFR 304.6 - Claims investigation.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Claims investigation. 304.6 Section 304.6 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.6 Claims investigation. (a) When a claim has been filed with the Peace Corps, the General Counsel will send...

Particle Size Effects on the Quality of Flour Tortillas Enriched with Whole Grain Waxy Barley

USDA-ARS?s Scientific Manuscript database

Wheat tortillas were enriched with whole barley flour (WBF) of different particle sizes including 237 micros (regular-R), 131 micros (intermediate-IM), and 68 micros (microground-MG). Topographical and fluorescent microstructure images of flours, doughs and tortillas were examined. Flours and tort...

28 CFR 0.172 - Authority: Federal tort claims.

Code of Federal Regulations, 2012 CFR

2012-07-01

... should receive the personal attention of the Assistant Attorney General or his delegee; (2) Two or more... Federal Prison Industries, the Director of the United States Marshals Service, the Administrator of the..., must be referred to the Assistant Attorney General in charge of the Civil Division, or his delegee...

28 CFR 0.172 - Authority: Federal tort claims.

Code of Federal Regulations, 2013 CFR

2013-07-01

... should receive the personal attention of the Assistant Attorney General or his delegee; (2) Two or more... Federal Prison Industries, the Director of the United States Marshals Service, the Administrator of the..., must be referred to the Assistant Attorney General in charge of the Civil Division, or his delegee...

28 CFR 0.172 - Authority: Federal tort claims.

Code of Federal Regulations, 2014 CFR

2014-07-01

... should receive the personal attention of the Assistant Attorney General or his delegee; (2) Two or more... Federal Prison Industries, the Director of the United States Marshals Service, the Administrator of the..., must be referred to the Assistant Attorney General in charge of the Civil Division, or his delegee...

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,…

Negligence--When Is the Principal Liable? A Legal Memorandum.

ERIC Educational Resources Information Center

Stern, Ralph D., Ed.

Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

33 CFR 25.507 - Claims payable.

Code of Federal Regulations, 2010 CFR

2010-07-01

... property involved would be liable under local law. (b) The fact that the act giving rise to a claim may constitute a crime does not, by itself, bar relief. (c) Local law or custom pertaining to contributory or comparative negligence, and to joint tort-feasors, are applied to the extent practicable. ...

14 CFR 1261.301 - Authority.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Authority. 1261.301 Section 1261.301...-Accruing On or After January 18, 1967 § 1261.301 Authority. (a) Under the provisions of the Federal Tort.... In exercising such authority, the Administrator or designee is required to act in accordance with...

32 CFR 806.28 - Records with special disclosure procedures.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 6 2014-07-01 2014-07-01 false Records with special disclosure procedures. 806.28 Section 806.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE...-501, Tort Claims. (p) AFI 51-503, Aircraft, Missile, Nuclear and Space Accident Investigations. (q...

32 CFR 806.28 - Records with special disclosure procedures.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 6 2012-07-01 2012-07-01 false Records with special disclosure procedures. 806.28 Section 806.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE...-501, Tort Claims. (p) AFI 51-503, Aircraft, Missile, Nuclear and Space Accident Investigations. (q...

36 CFR 18.12 - What specific provisions must a lease contain?

Code of Federal Regulations, 2013 CFR

2013-07-01

... extent authorized by the Federal Torts Claim Act or as otherwise expressly authorized by law; (g... construct new buildings or structures on leased property, provided that, a lease may contain appropriate..., minor additions, buildings and/or structures determined by the Director to be necessary for support of...

29 CFR 15.6 - Administrative action.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Administrative action. 15.6 Section 15.6 Labor Office of the... Against the Government Under the Federal Tort Claims Act § 15.6 Administrative action. (a) Investigation... such harm, it has the responsibility to fully investigate the incident and to take all actions...

Multivariate normal maximum likelihood with both ordinal and continuous variables, and data missing at random.

PubMed

Pritikin, Joshua N; Brick, Timothy R; Neale, Michael C

2018-04-01

A novel method for the maximum likelihood estimation of structural equation models (SEM) with both ordinal and continuous indicators is introduced using a flexible multivariate probit model for the ordinal indicators. A full information approach ensures unbiased estimates for data missing at random. Exceeding the capability of prior methods, up to 13 ordinal variables can be included before integration time increases beyond 1 s per row. The method relies on the axiom of conditional probability to split apart the distribution of continuous and ordinal variables. Due to the symmetry of the axiom, two similar methods are available. A simulation study provides evidence that the two similar approaches offer equal accuracy. A further simulation is used to develop a heuristic to automatically select the most computationally efficient approach. Joint ordinal continuous SEM is implemented in OpenMx, free and open-source software.

Comparison of Ordinal and Nominal Classification Trees to Predict Ordinal Expert-Based Occupational Exposure Estimates in a Case–Control Study

PubMed Central

Wheeler, David C.; Archer, Kellie J.; Burstyn, Igor; Yu, Kai; Stewart, Patricia A.; Colt, Joanne S.; Baris, Dalsu; Karagas, Margaret R.; Schwenn, Molly; Johnson, Alison; Armenti, Karla; Silverman, Debra T.; Friesen, Melissa C.

2015-01-01

Objectives: To evaluate occupational exposures in case–control studies, exposure assessors typically review each job individually to assign exposure estimates. This process lacks transparency and does not provide a mechanism for recreating the decision rules in other studies. In our previous work, nominal (unordered categorical) classification trees (CTs) generally successfully predicted expert-assessed ordinal exposure estimates (i.e. none, low, medium, high) derived from occupational questionnaire responses, but room for improvement remained. Our objective was to determine if using recently developed ordinal CTs would improve the performance of nominal trees in predicting ordinal occupational diesel exhaust exposure estimates in a case–control study. Methods: We used one nominal and four ordinal CT methods to predict expert-assessed probability, intensity, and frequency estimates of occupational diesel exhaust exposure (each categorized as none, low, medium, or high) derived from questionnaire responses for the 14983 jobs in the New England Bladder Cancer Study. To replicate the common use of a single tree, we applied each method to a single sample of 70% of the jobs, using 15% to test and 15% to validate each method. To characterize variability in performance, we conducted a resampling analysis that repeated the sample draws 100 times. We evaluated agreement between the tree predictions and expert estimates using Somers’ d, which measures differences in terms of ordinal association between predicted and observed scores and can be interpreted similarly to a correlation coefficient. Results: From the resampling analysis, compared with the nominal tree, an ordinal CT method that used a quadratic misclassification function and controlled tree size based on total misclassification cost had a slightly better predictive performance that was statistically significant for the frequency metric (Somers’ d: nominal tree = 0.61; ordinal tree = 0.63) and similar performance for the probability (nominal = 0.65; ordinal = 0.66) and intensity (nominal = 0.65; ordinal = 0.65) metrics. The best ordinal CT predicted fewer cases of large disagreement with the expert assessments (i.e. no exposure predicted for a job with high exposure and vice versa) compared with the nominal tree across all of the exposure metrics. For example, the percent of jobs with expert-assigned high intensity of exposure that the model predicted as no exposure was 29% for the nominal tree and 22% for the best ordinal tree. Conclusions: The overall agreements were similar across CT models; however, the use of ordinal models reduced the magnitude of the discrepancy when disagreements occurred. As the best performing model can vary by situation, researchers should consider evaluating multiple CT methods to maximize the predictive performance within their data. PMID:25433003

Forward Monte Carlo Computations of Polarized Microwave Radiation

NASA Technical Reports Server (NTRS)

Battaglia, A.; Kummerow, C.

2000-01-01

Microwave radiative transfer computations continue to acquire greater importance as the emphasis in remote sensing shifts towards the understanding of microphysical properties of clouds and with these to better understand the non linear relation between rainfall rates and satellite-observed radiance. A first step toward realistic radiative simulations has been the introduction of techniques capable of treating 3-dimensional geometry being generated by ever more sophisticated cloud resolving models. To date, a series of numerical codes have been developed to treat spherical and randomly oriented axisymmetric particles. Backward and backward-forward Monte Carlo methods are, indeed, efficient in this field. These methods, however, cannot deal properly with oriented particles, which seem to play an important role in polarization signatures over stratiform precipitation. Moreover, beyond the polarization channel, the next generation of fully polarimetric radiometers challenges us to better understand the behavior of the last two Stokes parameters as well. In order to solve the vector radiative transfer equation, one-dimensional numerical models have been developed, These codes, unfortunately, consider the atmosphere as horizontally homogeneous with horizontally infinite plane parallel layers. The next development step for microwave radiative transfer codes must be fully polarized 3-D methods. Recently a 3-D polarized radiative transfer model based on the discrete ordinate method was presented. A forward MC code was developed that treats oriented nonspherical hydrometeors, but only for plane-parallel situations.

Impact of San Francisco's toy ordinance on restaurants and children's food purchases, 2011-2012.

PubMed

Otten, Jennifer J; Saelens, Brian E; Kapphahn, Kristopher I; Hekler, Eric B; Buman, Matthew P; Goldstein, Benjamin A; Krukowski, Rebecca A; O'Donohue, Laura S; Gardner, Christopher D; King, Abby C

2014-07-17

In 2011, San Francisco passed the first citywide ordinance to improve the nutritional standards of children's meals sold at restaurants by preventing the giving away of free toys or other incentives with meals unless nutritional criteria were met. This study examined the impact of the Healthy Food Incentives Ordinance at ordinance-affected restaurants on restaurant response (eg, toy-distribution practices, change in children's menus), and the energy and nutrient content of all orders and children's-meal-only orders purchased for children aged 0 through 12 years. Restaurant responses were examined from January 2010 through March 2012. Parent-caregiver/child dyads (n = 762) who were restaurant customers were surveyed at 2 points before and 1 seasonally matched point after ordinance enactment at Chain A and B restaurants (n = 30) in 2011 and 2012. Both restaurant chains responded to the ordinance by selling toys separately from children's meals, but neither changed their menus to meet ordinance-specified nutrition criteria. Among children for whom children's meals were purchased, significant decreases in kilocalories, sodium, and fat per order were likely due to changes in children's side dishes and beverages at Chain A. Although the changes at Chain A did not appear to be directly in response to the ordinance, the transition to a more healthful beverage and default side dish was consistent with the intent of the ordinance. Study results underscore the importance of policy wording, support the concept that more healthful defaults may be a powerful approach for improving dietary intake, and suggest that public policies may contribute to positive restaurant changes.

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

Zardecki, A.

The effect of multiple scattering on the validity of the Beer-Lambert law is discussed for a wide range of particle-size parameters and optical depths. To predict the amount of received radiant power, appropriate correction terms are introduced. For particles larger than or comparable to the wavelength of radiation, the small-angle approximation is adequate; whereas for small densely packed particles, the diffusion theory is advantageously employed. These two approaches are used in the context of the problem of laser-beam propagation in a dense aerosol medium. In addition, preliminary results obtained by using a two-dimensional finite-element discrete-ordinates transport code are described. Multiple-scatteringmore » effects for laser propagation in fog, cloud, rain, and aerosol cloud are modeled.« less

Developing a Game Interface to Assess Risk Perception with Respect to Two Key Dimensions of Risk (Frequency and Severity) in Contexts Where Risks Are Elevated from Their Accepted, "Typical" Values.

PubMed

Goodman, William M; Ma, Zhenfeng; Andrade, Angie

2015-06-01

This four-stage study culminated in a game interface designed to calibrate people's perceptions of net risk (combining frequency and severity), in contexts where risks are elevated from their accepted, "typical" values, as when avalanche threats elevate the risks of "skiing" above levels skiers normally accept. Risk prompts are displayed dynamically, in naturalistic language, and not, for example, as static displays of dollar amounts or probabilities. Individual differences are measured. In Stage 1 (pilot), focus groups (n=9) piloted procedures, visual prompts, and examples of contexts where risks elevated from the "usual," for use in upcoming stages. In Stage 2 (exploratory), participants (primarily students; n=119; mean age, 20.1 years; 64 percent male) were assigned to risk contexts, answered demographic and risk-history questions, and then matched risk-description prompts to perceived "appropriate" levels along an ordinal risk scale. Descriptive measures and graphs showed response distributions; chi-squared analyses compared responses for different demographics. In Stage 3 (manipulating "cards"), participants (n=80; mean age, 37 years; 60 percent male) matched naturalistic risk prompts with ordinal risk positions. Regressions compared cards' placements with their "expected" (per exploratory Stage 2) placements. In Stage 4, the interface was coded in the Unity(®) (implemented at Business and IT Capstone, University of Ontario Institute of Technology, Oshawa, ON, Canada) development environment. In Stage 1, ambiguities in draft wordings/displays for Stage 2 were identified and corrected. Three risk contexts emerged: traffic/hidden intersection; skiing/avalanche; and swimming/drowning. In Stage 2, for traffic and skiing contexts, responses relating ordinal risk categories to realistic examples were observed to cluster around values potentially usable as markers. No associations appeared with demographic variables. In Stage 3, actual and "expected" ordinal-risk-category assignments for naturalistic risk markers were well correlated. "Approximate mappings" between markers and categories appeared stable. In Stage 4, the interface design incorporated the "approximate mappings"-yet also incorporated a "tuning phase," for measuring and recording individual differences. The interface can capture individual differences in risk perception on two key dimensions (frequency and severity)-viewed in dynamic, naturalistic scenarios, where risk levels are increased.

Overstatement in happiness reporting with ordinal, bounded scale.

PubMed

Tanaka, Saori C; Yamada, Katsunori; Kitada, Ryo; Tanaka, Satoshi; Sugawara, Sho K; Ohtake, Fumio; Sadato, Norihiro

2016-02-18

There are various methods by which people can express subjective evaluations quantitatively. For example, happiness can be measured on a scale from 1 to 10, and has been suggested as a measure of economic policy. However, there is resistance to these types of measurement from economists, who often regard welfare to be a cardinal, unbounded quantity. It is unclear whether there are differences between subjective evaluation reported on ordinal, bounded scales and on cardinal, unbounded scales. To answer this question, we developed functional magnetic resonance imaging experimental tasks for reporting happiness from monetary gain and the perception of visual stimulus. Subjects tended to report higher values when they used ordinal scales instead of cardinal scales. There were differences in neural activation between ordinal and cardinal reporting scales. The posterior parietal area showed greater activation when subjects used an ordinal scale instead of a cardinal scale. Importantly, the striatum exhibited greater activation when asked to report happiness on an ordinal scale than when asked to report on a cardinal scale. The finding that ordinal (bounded) scales are associated with higher reported happiness and greater activation in the reward system shows that overstatement bias in happiness data must be considered.