32 CFR 757.13 - Responsibility for MCRA actions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Judge Advocate General (Claims and Tort Litigation Division) (Code 15); and the (ii) Commanding Officer, Naval Legal Service Command Europe and Southwest Asia (NLSC EURSWA), Naples, Italy, in its area of....S.C. 1095 claims are brought to the attention of the appropriate JAG designee. (2) The MTF reports...

Development of burnup dependent fuel rod model in COBRA-TF

NASA Astrophysics Data System (ADS)

Yilmaz, Mine Ozdemir

The purpose of this research was to develop a burnup dependent fuel thermal conductivity model within Pennsylvania State University, Reactor Dynamics and Fuel Management Group (RDFMG) version of the subchannel thermal-hydraulics code COBRA-TF (CTF). The model takes into account first, the degradation of fuel thermal conductivity with high burnup; and second, the fuel thermal conductivity dependence on the Gadolinium content for both UO2 and MOX fuel rods. The modified Nuclear Fuel Industries (NFI) model for UO2 fuel rods and Duriez/Modified NFI Model for MOX fuel rods were incorporated into CTF and fuel centerline predictions were compared against Halden experimental test data and FRAPCON-3.4 predictions to validate the burnup dependent fuel thermal conductivity model in CTF. Experimental test cases from Halden reactor fuel rods for UO2 fuel rods at Beginning of Life (BOL), through lifetime without Gd2O3 and through lifetime with Gd 2O3 and a MOX fuel rod were simulated with CTF. Since test fuel rod and FRAPCON-3.4 results were based on single rod measurements, CTF was run for a single fuel rod surrounded with a single channel configuration. Input decks for CTF were developed for one fuel rod located at the center of a subchannel (rod-centered subchannel approach). Fuel centerline temperatures predicted by CTF were compared against the measurements from Halden experimental test data and the predictions from FRAPCON-3.4. After implementing the new fuel thermal conductivity model in CTF and validating the model with experimental data, CTF model was applied to steady state and transient calculations. 4x4 PWR fuel bundle configuration from Purdue MOX benchmark was used to apply the new model for steady state and transient calculations. First, one of each high burnup UO2 and MOX fuel rods from 4x4 matrix were selected to carry out single fuel rod calculations and fuel centerline temperatures predicted by CTF/TORT-TD were compared against CTF /TORT-TD /FRAPTRAN predictions. After confirming that the new fuel thermal conductivity model in CTF worked and provided consistent results with FRAPTRAN predictions for a single fuel rod configuration, the same type of analysis was carried out for a bigger system which is the 4x4 PWR bundle consisting of 15 fuel pins and one control guide tube. Steady- state calculations at Hot Full Power (HFP) conditions for control guide tube out (unrodded) were performed using the 4x4 PWR array with CTF/TORT-TD coupled code system. Fuel centerline, surface and average temperatures predicted by CTF/TORT-TD with and without the new fuel thermal conductivity model were compared against CTF/TORT-TD/FRAPTRAN predictions to demonstrate the improvement in fuel centerline predictions when new model was used. In addition to that constant and CTF dynamic gap conductance model were used with the new thermal conductivity model to show the performance of the CTF dynamic gap conductance model and its impact on fuel centerline and surface temperatures. Finally, a Rod Ejection Accident (REA) scenario using the same 4x4 PWR array was run both at Hot Zero Power (HZP) and Hot Full Power (HFP) condition, starting at a position where half of the control rod is inserted. This scenario was run using CTF/TORT-TD coupled code system with and without the new fuel thermal conductivity model. The purpose of this transient analysis was to show the impact of thermal conductivity degradation (TCD) on feedback effects, specifically Doppler Reactivity Coefficient (DRC) and, eventually, total core reactivity.

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

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…

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.…

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.

32 CFR 536.2 - Claims authorities.

Code of Federal Regulations, 2012 CFR

2012-07-01

.../85256F33005C2B92/(JAGCNETDocID)/HOME?OPENDOCUMENT. Select the link “Claims Resources.” (1) Tort claims. (i) The... Secretary of Defense, the Secretary of Transportation, and the Secretary of Health and Human Services. (v... Claims Act (NGCA), 32 U.S.C. 715 (see subpart F of this part). (vii) Claims under International...

32 CFR 536.2 - Claims authorities.

Code of Federal Regulations, 2014 CFR

2014-07-01

.../85256F33005C2B92/(JAGCNETDocID)/HOME?OPENDOCUMENT. Select the link “Claims Resources.” (1) Tort claims. (i) The... Secretary of Defense, the Secretary of Transportation, and the Secretary of Health and Human Services. (v... Claims Act (NGCA), 32 U.S.C. 715 (see subpart F of this part). (vii) Claims under International...

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…

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.

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...

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.

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 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...

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...

Automated Weight-Window Generation for Threat Detection Applications Using ADVANTG

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

Mosher, Scott W; Miller, Thomas Martin; Evans, Thomas M

2009-01-01

Deterministic transport codes have been used for some time to generate weight-window parameters that can improve the efficiency of Monte Carlo simulations. As the use of this hybrid computational technique is becoming more widespread, the scope of applications in which it is being applied is expanding. An active source of new applications is the field of homeland security--particularly the detection of nuclear material threats. For these problems, automated hybrid methods offer an efficient alternative to trial-and-error variance reduction techniques (e.g., geometry splitting or the stochastic weight window generator). The ADVANTG code has been developed to automate the generation of weight-windowmore » parameters for MCNP using the Consistent Adjoint Driven Importance Sampling method and employs the TORT or Denovo 3-D discrete ordinates codes to generate importance maps. In this paper, we describe the application of ADVANTG to a set of threat-detection simulations. We present numerical results for an 'active-interrogation' problem in which a standard cargo container is irradiated by a deuterium-tritium fusion neutron generator. We also present results for two passive detection problems in which a cargo container holding a shielded neutron or gamma source is placed near a portal monitor. For the passive detection problems, ADVANTG obtains an O(10{sup 4}) speedup and, for a detailed gamma spectrum tally, an average O(10{sup 2}) speedup relative to implicit-capture-only simulations, including the deterministic calculation time. For the active-interrogation problem, an O(10{sup 4}) speedup is obtained when compared to a simulation with angular source biasing and crude geometry splitting.« less

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...

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.

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.

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.

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.

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.

Development of high-fidelity multiphysics system for light water reactor analysis

NASA Astrophysics Data System (ADS)

Magedanz, Jeffrey W.

There has been a tendency in recent years toward greater heterogeneity in reactor cores, due to the use of mixed-oxide (MOX) fuel, burnable absorbers, and longer cycles with consequently higher fuel burnup. The resulting asymmetry of the neutron flux and energy spectrum between regions with different compositions causes a need to account for the directional dependence of the neutron flux, instead of the traditional diffusion approximation. Furthermore, the presence of both MOX and high-burnup fuel in the core increases the complexity of the heat conduction. The heat transfer properties of the fuel pellet change with irradiation, and the thermal and mechanical expansion of the pellet and cladding strongly affect the size of the gap between them, and its consequent thermal resistance. These operational tendencies require higher fidelity multi-physics modeling capabilities, and this need is addressed by the developments performed within this PhD research. The dissertation describes the development of a High-Fidelity Multi-Physics System for Light Water Reactor Analysis. It consists of three coupled codes -- CTF for Thermal Hydraulics, TORT-TD for Neutron Kinetics, and FRAPTRAN for Fuel Performance. It is meant to address these modeling challenges in three ways: (1) by resolving the state of the system at the level of each fuel pin, rather than homogenizing entire fuel assemblies, (2) by using the multi-group Discrete Ordinates method to account for the directional dependence of the neutron flux, and (3) by using a fuel-performance code, rather than a Thermal Hydraulics code's simplified fuel model, to account for the material behavior of the fuel and its feedback to the hydraulic and neutronic behavior of the system. While the first two are improvements, the third, the use of a fuel-performance code for feedback, constitutes an innovation in this PhD project. Also important to this work is the manner in which such coupling is written. While coupling involves combining codes into a single executable, they are usually still developed and maintained separately. It should thus be a design objective to minimize the changes to those codes, and keep the changes to each code free of dependence on the details of the other codes. This will ease the incorporation of new versions of the code into the coupling, as well as re-use of parts of the coupling to couple with different codes. In order to fulfill this objective, an interface for each code was created in the form of an object-oriented abstract data type. Object-oriented programming is an effective method for enforcing a separation between different parts of a program, and clarifying the communication between them. The interfaces enable the main program to control the codes in terms of high-level functionality. This differs from the established practice of a master/slave relationship, in which the slave code is incorporated into the master code as a set of subroutines. While this PhD research continues previous work with a coupling between CTF and TORT-TD, it makes two major original contributions: (1) using a fuel-performance code, instead of a thermal-hydraulics code's simplified built-in models, to model the feedback from the fuel rods, and (2) the design of an object-oriented interface as an innovative method to interact with a coupled code in a high-level, easily-understandable manner. The resulting code system will serve as a tool to study the question of under what conditions, and to what extent, these higher-fidelity methods will provide benefits to reactor core analysis. (Abstract shortened by UMI.)

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.

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,…

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.

76 FR 16799 - Intent To Request Renewal From OMB of One Current Public Collection of Information: TSA Claims...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-25

...The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0039, abstracted below that we will submit to OMB for renewal in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of information from claimants in order to thoroughly examine and resolve tort claims against the agency.

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.

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…

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).

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…

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

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

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

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.

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.

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.

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

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.

Description of Transport Codes for Space Radiation Shielding

NASA Technical Reports Server (NTRS)

Kim, Myung-Hee Y.; Wilson, John W.; Cucinotta, Francis A.

2011-01-01

This slide presentation describes transport codes and their use for studying and designing space radiation shielding. When combined with risk projection models radiation transport codes serve as the main tool for study radiation and designing shielding. There are three criteria for assessing the accuracy of transport codes: (1) Ground-based studies with defined beams and material layouts, (2) Inter-comparison of transport code results for matched boundary conditions and (3) Comparisons to flight measurements. These three criteria have a very high degree with NASA's HZETRN/QMSFRG.

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.

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

A velocity-dependent anomalous radial transport model for (2-D, 2-V) kinetic transport codes

NASA Astrophysics Data System (ADS)

Bodi, Kowsik; Krasheninnikov, Sergei; Cohen, Ron; Rognlien, Tom

2008-11-01

Plasma turbulence constitutes a significant part of radial plasma transport in magnetically confined plasmas. This turbulent transport is modeled in the form of anomalous convection and diffusion coefficients in fluid transport codes. There is a need to model the same in continuum kinetic edge codes [such as the (2-D, 2-V) transport version of TEMPEST, NEO, and the code being developed by the Edge Simulation Laboratory] with non-Maxwellian distributions. We present an anomalous transport model with velocity-dependent convection and diffusion coefficients leading to a diagonal transport matrix similar to that used in contemporary fluid transport models (e.g., UEDGE). Also presented are results of simulations corresponding to radial transport due to long-wavelength ExB turbulence using a velocity-independent diffusion coefficient. A BGK collision model is used to enable comparison with fluid transport codes.

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.

SYMTRAN - A Time-dependent Symmetric Tandem Mirror Transport Code

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

Hua, D; Fowler, T

2004-06-15

A time-dependent version of the steady-state radial transport model in symmetric tandem mirrors in Ref. [1] has been coded up and first tests performed. Our code, named SYMTRAN, is an adaptation of the earlier SPHERE code for spheromaks, now modified for tandem mirror physics. Motivated by Post's new concept of kinetic stabilization of symmetric mirrors, it is an extension of the earlier TAMRAC rate-equation code omitting radial transport [2], which successfully accounted for experimental results in TMX. The SYMTRAN code differs from the earlier tandem mirror radial transport code TMT in that our code is focused on axisymmetric tandem mirrorsmore » and classical diffusion, whereas TMT emphasized non-ambipolar transport in TMX and MFTF-B due to yin-yang plugs and non-symmetric transitions between the plugs and axisymmetric center cell. Both codes exhibit interesting but different non-linear behavior.« less

Comparison of space radiation calculations for deterministic and Monte Carlo transport codes

NASA Astrophysics Data System (ADS)

Lin, Zi-Wei; Adams, James; Barghouty, Abdulnasser; Randeniya, Sharmalee; Tripathi, Ram; Watts, John; Yepes, Pablo

For space radiation protection of astronauts or electronic equipments, it is necessary to develop and use accurate radiation transport codes. Radiation transport codes include deterministic codes, such as HZETRN from NASA and UPROP from the Naval Research Laboratory, and Monte Carlo codes such as FLUKA, the Geant4 toolkit and HETC-HEDS. The deterministic codes and Monte Carlo codes complement each other in that deterministic codes are very fast while Monte Carlo codes are more elaborate. Therefore it is important to investigate how well the results of deterministic codes compare with those of Monte Carlo transport codes and where they differ. In this study we evaluate these different codes in their space radiation applications by comparing their output results in the same given space radiation environments, shielding geometry and material. Typical space radiation environments such as the 1977 solar minimum galactic cosmic ray environment are used as the well-defined input, and simple geometries made of aluminum, water and/or polyethylene are used to represent the shielding material. We then compare various outputs of these codes, such as the dose-depth curves and the flux spectra of different fragments and other secondary particles. These comparisons enable us to learn more about the main differences between these space radiation transport codes. At the same time, they help us to learn the qualitative and quantitative features that these transport codes have in common.

Modeling anomalous radial transport in kinetic transport codes

NASA Astrophysics Data System (ADS)

Bodi, K.; Krasheninnikov, S. I.; Cohen, R. H.; Rognlien, T. D.

2009-11-01

Anomalous transport is typically the dominant component of the radial transport in magnetically confined plasmas, where the physical origin of this transport is believed to be plasma turbulence. A model is presented for anomalous transport that can be used in continuum kinetic edge codes like TEMPEST, NEO and the next-generation code being developed by the Edge Simulation Laboratory. The model can also be adapted to particle-based codes. It is demonstrated that the model with a velocity-dependent diffusion and convection terms can match a diagonal gradient-driven transport matrix as found in contemporary fluid codes, but can also include off-diagonal effects. The anomalous transport model is also combined with particle drifts and a particle/energy-conserving Krook collision operator to study possible synergistic effects with neoclassical transport. For the latter study, a velocity-independent anomalous diffusion coefficient is used to mimic the effect of long-wavelength ExB turbulence.

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.

CRUNCH_PARALLEL

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

Shumaker, Dana E.; Steefel, Carl I.

The code CRUNCH_PARALLEL is a parallel version of the CRUNCH code. CRUNCH code version 2.0 was previously released by LLNL, (UCRL-CODE-200063). Crunch is a general purpose reactive transport code developed by Carl Steefel and Yabusake (Steefel Yabsaki 1996). The code handles non-isothermal transport and reaction in one, two, and three dimensions. The reaction algorithm is generic in form, handling an arbitrary number of aqueous and surface complexation as well as mineral dissolution/precipitation. A standardized database is used containing thermodynamic and kinetic data. The code includes advective, dispersive, and diffusive transport.

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.

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.

A Deterministic Transport Code for Space Environment Electrons

NASA Technical Reports Server (NTRS)

Nealy, John E.; Chang, C. K.; Norman, Ryan B.; Blattnig, Steve R.; Badavi, Francis F.; Adamczyk, Anne M.

2010-01-01

A deterministic computational procedure has been developed to describe transport of space environment electrons in various shield media. This code is an upgrade and extension of an earlier electron code. Whereas the former code was formulated on the basis of parametric functions derived from limited laboratory data, the present code utilizes well established theoretical representations to describe the relevant interactions and transport processes. The shield material specification has been made more general, as have the pertinent cross sections. A combined mean free path and average trajectory approach has been used in the transport formalism. Comparisons with Monte Carlo calculations are presented.

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.

Comparison of Space Radiation Calculations from Deterministic and Monte Carlo Transport Codes

NASA Technical Reports Server (NTRS)

Adams, J. H.; Lin, Z. W.; Nasser, A. F.; Randeniya, S.; Tripathi, r. K.; Watts, J. W.; Yepes, P.

2010-01-01

The presentation outline includes motivation, radiation transport codes being considered, space radiation cases being considered, results for slab geometry, results from spherical geometry, and summary. ///////// main physics in radiation transport codes hzetrn uprop fluka geant4, slab geometry, spe, gcr,

Implementation of an anomalous radial transport model for continuum kinetic edge codes

NASA Astrophysics Data System (ADS)

Bodi, K.; Krasheninnikov, S. I.; Cohen, R. H.; Rognlien, T. D.

2007-11-01

Radial plasma transport in magnetic fusion devices is often dominated by plasma turbulence compared to neoclassical collisional transport. Continuum kinetic edge codes [such as the (2d,2v) transport version of TEMPEST and also EGK] compute the collisional transport directly, but there is a need to model the anomalous transport from turbulence for long-time transport simulations. Such a model is presented and results are shown for its implementation in the TEMPEST gyrokinetic edge code. The model includes velocity-dependent convection and diffusion coefficients expressed as a Hermite polynominals in velocity. The specification of the Hermite coefficients can be set, e.g., by specifying the ratio of particle and energy transport as in fluid transport codes. The anomalous transport terms preserve the property of no particle flux into unphysical regions of velocity space. TEMPEST simulations are presented showing the separate control of particle and energy anomalous transport, and comparisons are made with neoclassical transport also included.

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.

Benchmarking NNWSI flow and transport codes: COVE 1 results

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

Hayden, N.K.

1985-06-01

The code verification (COVE) activity of the Nevada Nuclear Waste Storage Investigations (NNWSI) Project is the first step in certification of flow and transport codes used for NNWSI performance assessments of a geologic repository for disposing of high-level radioactive wastes. The goals of the COVE activity are (1) to demonstrate and compare the numerical accuracy and sensitivity of certain codes, (2) to identify and resolve problems in running typical NNWSI performance assessment calculations, and (3) to evaluate computer requirements for running the codes. This report describes the work done for COVE 1, the first step in benchmarking some of themore » codes. Isothermal calculations for the COVE 1 benchmarking have been completed using the hydrologic flow codes SAGUARO, TRUST, and GWVIP; the radionuclide transport codes FEMTRAN and TRUMP; and the coupled flow and transport code TRACR3D. This report presents the results of three cases of the benchmarking problem solved for COVE 1, a comparison of the results, questions raised regarding sensitivities to modeling techniques, and conclusions drawn regarding the status and numerical sensitivities of the codes. 30 refs.« less

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...

Beam-dynamics codes used at DARHT

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

Ekdahl, Jr., Carl August

Several beam simulation codes are used to help gain a better understanding of beam dynamics in the DARHT LIAs. The most notable of these fall into the following categories: for beam production – Tricomp Trak orbit tracking code, LSP Particle in cell (PIC) code, for beam transport and acceleration – XTR static envelope and centroid code, LAMDA time-resolved envelope and centroid code, LSP-Slice PIC code, for coasting-beam transport to target – LAMDA time-resolved envelope code, LSP-Slice PIC code. These codes are also being used to inform the design of Scorpius.

Modification and benchmarking of MCNP for low-energy tungsten spectra.

PubMed

Mercier, J R; Kopp, D T; McDavid, W D; Dove, S B; Lancaster, J L; Tucker, D M

2000-12-01

The MCNP Monte Carlo radiation transport code was modified for diagnostic medical physics applications. In particular, the modified code was thoroughly benchmarked for the production of polychromatic tungsten x-ray spectra in the 30-150 kV range. Validating the modified code for coupled electron-photon transport with benchmark spectra was supplemented with independent electron-only and photon-only transport benchmarks. Major revisions to the code included the proper treatment of characteristic K x-ray production and scoring, new impact ionization cross sections, and new bremsstrahlung cross sections. Minor revisions included updated photon cross sections, electron-electron bremsstrahlung production, and K x-ray yield. The modified MCNP code is benchmarked to electron backscatter factors, x-ray spectra production, and primary and scatter photon transport.

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)

76 FR 2744 - Disclosure of Code-Share Service by Air Carriers and Sellers of Air Transportation

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-14

... DEPARTMENT OF TRANSPORTATION Office of the Secretary Disclosure of Code-Share Service by Air Carriers and Sellers of Air Transportation AGENCY: Office of the Secretary, Department of Transportation..., their agents, and third party sellers of air transportation in view of recent amendments to 49 U.S.C...

Computer Code for Transportation Network Design and Analysis

DOT National Transportation Integrated Search

1977-01-01

This document describes the results of research into the application of the mathematical programming technique of decomposition to practical transportation network problems. A computer code called Catnap (for Control Analysis Transportation Network A...

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.

User's manual for a material transport code on the Octopus Computer Network

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

Naymik, T.G.; Mendez, G.D.

1978-09-15

A code to simulate material transport through porous media was developed at Oak Ridge National Laboratory. This code has been modified and adapted for use at Lawrence Livermore Laboratory. This manual, in conjunction with report ORNL-4928, explains the input, output, and execution of the code on the Octopus Computer Network.

Comparison of heavy-ion transport simulations: Collision integral in a box

NASA Astrophysics Data System (ADS)

Zhang, Ying-Xun; Wang, Yong-Jia; Colonna, Maria; Danielewicz, Pawel; Ono, Akira; Tsang, Manyee Betty; Wolter, Hermann; Xu, Jun; Chen, Lie-Wen; Cozma, Dan; Feng, Zhao-Qing; Das Gupta, Subal; Ikeno, Natsumi; Ko, Che-Ming; Li, Bao-An; Li, Qing-Feng; Li, Zhu-Xia; Mallik, Swagata; Nara, Yasushi; Ogawa, Tatsuhiko; Ohnishi, Akira; Oliinychenko, Dmytro; Papa, Massimo; Petersen, Hannah; Su, Jun; Song, Taesoo; Weil, Janus; Wang, Ning; Zhang, Feng-Shou; Zhang, Zhen

2018-03-01

Simulations by transport codes are indispensable to extract valuable physical information from heavy-ion collisions. In order to understand the origins of discrepancies among different widely used transport codes, we compare 15 such codes under controlled conditions of a system confined to a box with periodic boundary, initialized with Fermi-Dirac distributions at saturation density and temperatures of either 0 or 5 MeV. In such calculations, one is able to check separately the different ingredients of a transport code. In this second publication of the code evaluation project, we only consider the two-body collision term; i.e., we perform cascade calculations. When the Pauli blocking is artificially suppressed, the collision rates are found to be consistent for most codes (to within 1 % or better) with analytical results, or completely controlled results of a basic cascade code. In orderto reach that goal, it was necessary to eliminate correlations within the same pair of colliding particles that can be present depending on the adopted collision prescription. In calculations with active Pauli blocking, the blocking probability was found to deviate from the expected reference values. The reason is found in substantial phase-space fluctuations and smearing tied to numerical algorithms and model assumptions in the representation of phase space. This results in the reduction of the blocking probability in most transport codes, so that the simulated system gradually evolves away from the Fermi-Dirac toward a Boltzmann distribution. Since the numerical fluctuations are weaker in the Boltzmann-Uehling-Uhlenbeck codes, the Fermi-Dirac statistics is maintained there for a longer time than in the quantum molecular dynamics codes. As a result of this investigation, we are able to make judgements about the most effective strategies in transport simulations for determining the collision probabilities and the Pauli blocking. Investigation in a similar vein of other ingredients in transport calculations, like the mean-field propagation or the production of nucleon resonances and mesons, will be discussed in the future publications.

Verification and benchmark testing of the NUFT computer code

NASA Astrophysics Data System (ADS)

Lee, K. H.; Nitao, J. J.; Kulshrestha, A.

1993-10-01

This interim report presents results of work completed in the ongoing verification and benchmark testing of the NUFT (Nonisothermal Unsaturated-saturated Flow and Transport) computer code. NUFT is a suite of multiphase, multicomponent models for numerical solution of thermal and isothermal flow and transport in porous media, with application to subsurface contaminant transport problems. The code simulates the coupled transport of heat, fluids, and chemical components, including volatile organic compounds. Grid systems may be cartesian or cylindrical, with one-, two-, or fully three-dimensional configurations possible. In this initial phase of testing, the NUFT code was used to solve seven one-dimensional unsaturated flow and heat transfer problems. Three verification and four benchmarking problems were solved. In the verification testing, excellent agreement was observed between NUFT results and the analytical or quasianalytical solutions. In the benchmark testing, results of code intercomparison were very satisfactory. From these testing results, it is concluded that the NUFT code is ready for application to field and laboratory problems similar to those addressed here. Multidimensional problems, including those dealing with chemical transport, will be addressed in a subsequent report.

49 CFR Appendix C to Part 229 - FRA Locomotive Standards-Code of Defects

Code of Federal Regulations, 2013 CFR

2013-10-01

... 49 Transportation 4 2013-10-01 2013-10-01 false FRA Locomotive Standards-Code of Defects C Appendix C to Part 229 Transportation Other Regulations Relating to Transportation (Continued) FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RAILROAD LOCOMOTIVE SAFETY STANDARDS Pt. 229, App. C...

49 CFR Appendix C to Part 229 - FRA Locomotive Standards-Code of Defects

Code of Federal Regulations, 2014 CFR

2014-10-01

... 49 Transportation 4 2014-10-01 2014-10-01 false FRA Locomotive Standards-Code of Defects C Appendix C to Part 229 Transportation Other Regulations Relating to Transportation (Continued) FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RAILROAD LOCOMOTIVE SAFETY STANDARDS Pt. 229, App. C...

49 CFR Appendix C to Part 229 - FRA Locomotive Standards-Code of Defects

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false FRA Locomotive Standards-Code of Defects C Appendix C to Part 229 Transportation Other Regulations Relating to Transportation (Continued) FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RAILROAD LOCOMOTIVE SAFETY STANDARDS Pt. 229, App. C...

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...

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

49 CFR Appendix C to Part 215 - FRA Freight Car Standards Defect Code

Code of Federal Regulations, 2013 CFR

2013-10-01

... 49 Transportation 4 2013-10-01 2013-10-01 false FRA Freight Car Standards Defect Code C Appendix C... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RAILROAD FREIGHT CAR SAFETY STANDARDS Pt. 215, App. C Appendix C to Part 215—FRA Freight Car Standards Defect Code The following defect code has been established for use...

49 CFR Appendix C to Part 215 - FRA Freight Car Standards Defect Code

Code of Federal Regulations, 2014 CFR

2014-10-01

... 49 Transportation 4 2014-10-01 2014-10-01 false FRA Freight Car Standards Defect Code C Appendix C... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RAILROAD FREIGHT CAR SAFETY STANDARDS Pt. 215, App. C Appendix C to Part 215—FRA Freight Car Standards Defect Code The following defect code has been established for use...

49 CFR Appendix C to Part 215 - FRA Freight Car Standards Defect Code

Code of Federal Regulations, 2012 CFR

2012-10-01

... 49 Transportation 4 2012-10-01 2012-10-01 false FRA Freight Car Standards Defect Code C Appendix C... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RAILROAD FREIGHT CAR SAFETY STANDARDS Pt. 215, App. C Appendix C to Part 215—FRA Freight Car Standards Defect Code The following defect code has been established for use...

49 CFR Appendix C to Part 215 - FRA Freight Car Standards Defect Code

Code of Federal Regulations, 2011 CFR

2011-10-01

... 49 Transportation 4 2011-10-01 2011-10-01 false FRA Freight Car Standards Defect Code C Appendix C... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION RAILROAD FREIGHT CAR SAFETY STANDARDS Pt. 215, App. C Appendix C to Part 215—FRA Freight Car Standards Defect Code The following defect code has been established for use...

Methods of treating complex space vehicle geometry for charged particle radiation transport

NASA Technical Reports Server (NTRS)

Hill, C. W.

1973-01-01

Current methods of treating complex geometry models for space radiation transport calculations are reviewed. The geometric techniques used in three computer codes are outlined. Evaluations of geometric capability and speed are provided for these codes. Although no code development work is included several suggestions for significantly improving complex geometry codes are offered.

Comparisons of anomalous and collisional radial transport with a continuum kinetic edge code

NASA Astrophysics Data System (ADS)

Bodi, K.; Krasheninnikov, S.; Cohen, R.; Rognlien, T.

2009-05-01

Modeling of anomalous (turbulence-driven) radial transport in controlled-fusion plasmas is necessary for long-time transport simulations. Here the focus is continuum kinetic edge codes such as the (2-D, 2-V) transport version of TEMPEST, NEO, and the code being developed by the Edge Simulation Laboratory, but the model also has wider application. Our previously developed anomalous diagonal transport matrix model with velocity-dependent convection and diffusion coefficients allows contact with typical fluid transport models (e.g., UEDGE). Results are presented that combine the anomalous transport model and collisional transport owing to ion drift orbits utilizing a Krook collision operator that conserves density and energy. Comparison is made of the relative magnitudes and possible synergistic effects of the two processes for typical tokamak device parameters.

Light transport feature for SCINFUL.

PubMed

Etaati, G R; Ghal-Eh, N

2008-03-01

An extended version of the scintillator response function prediction code SCINFUL has been developed by incorporating PHOTRACK, a Monte Carlo light transport code. Comparisons of calculated and experimental results for organic scintillators exposed to neutrons show that the extended code improves the predictive capability of SCINFUL.

First ERO2.0 modeling of Be erosion and non-local transport in JET ITER-like wall

NASA Astrophysics Data System (ADS)

Romazanov, J.; Borodin, D.; Kirschner, A.; Brezinsek, S.; Silburn, S.; Huber, A.; Huber, V.; Bufferand, H.; Firdaouss, M.; Brömmel, D.; Steinbusch, B.; Gibbon, P.; Lasa, A.; Borodkina, I.; Eksaeva, A.; Linsmeier, Ch; Contributors, JET

2017-12-01

ERO is a Monte-Carlo code for modeling plasma-wall interaction and 3D plasma impurity transport for applications in fusion research. The code has undergone a significant upgrade (ERO2.0) which allows increasing the simulation volume in order to cover the entire plasma edge of a fusion device, allowing a more self-consistent treatment of impurity transport and comparison with a larger number and variety of experimental diagnostics. In this contribution, the physics-relevant technical innovations of the new code version are described and discussed. The new capabilities of the code are demonstrated by modeling of beryllium (Be) erosion of the main wall during JET limiter discharges. Results for erosion patterns along the limiter surfaces and global Be transport including incident particle distributions are presented. A novel synthetic diagnostic, which mimics experimental wide-angle 2D camera images, is presented and used for validating various aspects of the code, including erosion, magnetic shadowing, non-local impurity transport, and light emission simulation.

HZETRN: A heavy ion/nucleon transport code for space radiations

NASA Technical Reports Server (NTRS)

Wilson, John W.; Chun, Sang Y.; Badavi, Forooz F.; Townsend, Lawrence W.; Lamkin, Stanley L.

1991-01-01

The galactic heavy ion transport code (GCRTRN) and the nucleon transport code (BRYNTRN) are integrated into a code package (HZETRN). The code package is computer efficient and capable of operating in an engineering design environment for manned deep space mission studies. The nuclear data set used by the code is discussed including current limitations. Although the heavy ion nuclear cross sections are assumed constant, the nucleon-nuclear cross sections of BRYNTRN with full energy dependence are used. The relation of the final code to the Boltzmann equation is discussed in the context of simplifying assumptions. Error generation and propagation is discussed, and comparison is made with simplified analytic solutions to test numerical accuracy of the final results. A brief discussion of biological issues and their impact on fundamental developments in shielding technology is given.

ITS version 5.0 : the integrated TIGER series of coupled electron/photon Monte Carlo transport codes.

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

Franke, Brian Claude; Kensek, Ronald Patrick; Laub, Thomas William

ITS is a powerful and user-friendly software package permitting state of the art Monte Carlo solution of linear time-independent couple electron/photon radiation transport problems, with or without the presence of macroscopic electric and magnetic fields of arbitrary spatial dependence. Our goal has been to simultaneously maximize operational simplicity and physical accuracy. Through a set of preprocessor directives, the user selects one of the many ITS codes. The ease with which the makefile system is applied combines with an input scheme based on order-independent descriptive keywords that makes maximum use of defaults and internal error checking to provide experimentalists and theoristsmore » alike with a method for the routine but rigorous solution of sophisticated radiation transport problems. Physical rigor is provided by employing accurate cross sections, sampling distributions, and physical models for describing the production and transport of the electron/photon cascade from 1.0 GeV down to 1.0 keV. The availability of source code permits the more sophisticated user to tailor the codes to specific applications and to extend the capabilities of the codes to more complex applications. Version 5.0, the latest version of ITS, contains (1) improvements to the ITS 3.0 continuous-energy codes, (2)multigroup codes with adjoint transport capabilities, and (3) parallel implementations of all ITS codes. Moreover the general user friendliness of the software has been enhanced through increased internal error checking and improved code portability.« less

IPOLE - semi-analytic scheme for relativistic polarized radiative transport

NASA Astrophysics Data System (ADS)

Mościbrodzka, M.; Gammie, C. F.

2018-03-01

We describe IPOLE, a new public ray-tracing code for covariant, polarized radiative transport. The code extends the IBOTHROS scheme for covariant, unpolarized transport using two representations of the polarized radiation field: In the coordinate frame, it parallel transports the coherency tensor; in the frame of the plasma it evolves the Stokes parameters under emission, absorption, and Faraday conversion. The transport step is implemented to be as spacetime- and coordinate- independent as possible. The emission, absorption, and Faraday conversion step is implemented using an analytic solution to the polarized transport equation with constant coefficients. As a result, IPOLE is stable, efficient, and produces a physically reasonable solution even for a step with high optical depth and Faraday depth. We show that the code matches analytic results in flat space, and that it produces results that converge to those produced by Dexter's GRTRANS polarized transport code on a complicated model problem. We expect IPOLE will mainly find applications in modelling Event Horizon Telescope sources, but it may also be useful in other relativistic transport problems such as modelling for the IXPE mission.

SOPHAEROS code development and its application to falcon tests

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

Lajtha, G.; Missirlian, M.; Kissane, M.

1996-12-31

One of the key issues in source-term evaluation in nuclear reactor severe accidents is determination of the transport behavior of fission products released from the degrading core. The SOPHAEROS computer code is being developed to predict fission product transport in a mechanistic way in light water reactor circuits. These applications of the SOPHAEROS code to the Falcon experiments, among others not presented here, indicate that the numerical scheme of the code is robust, and no convergence problems are encountered. The calculation is also very fast being three times longer on a Sun SPARC 5 workstation than real time and typicallymore » {approx} 10 times faster than an identical calculation with the VICTORIA code. The study demonstrates that the SOPHAEROS 1.3 code is a suitable tool for prediction of the vapor chemistry and fission product transport with a reasonable level of accuracy. Furthermore, the fexibility of the code material data bank allows improvement of understanding of fission product transport and deposition in the circuit. Performing sensitivity studies with different chemical species or with different properties (saturation pressure, chemical equilibrium constants) is very straightforward.« 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...

Intact coding region of the serotonin transporter gene in obsessive-compulsive disorder

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

Altemus, M.; Murphy, D.L.; Greenberg, B.

1996-07-26

Epidemiologic studies indicate that obsessive-compulsive disorder is genetically transmitted in some families, although no genetic abnormalities have been identified in individuals with this disorder. The selective response of obsessive-compulsive disorder to treatment with agents which block serotonin reuptake suggests the gene coding for the serotonin transporter as a candidate gene. The primary structure of the serotonin-transporter coding region was sequenced in 22 patients with obsessive-compulsive disorder, using direct PCR sequencing of cDNA synthesized from platelet serotonin-transporter mRNA. No variations in amino acid sequence were found among the obsessive-compulsive disorder patients or healthy controls. These results do not support a rolemore » for alteration in the primary structure of the coding region of the serotonin-transporter gene in the pathogenesis of obsessive-compulsive disorder. 27 refs.« less

Evolution of Structure and Composition in Saturn's Rings Due to Ballistic Transport of Micrometeoroid Impact Ejecta

NASA Astrophysics Data System (ADS)

Estrada, P. R.; Durisen, R. H.; Cuzzi, J. N.

2014-04-01

We introduce improved numerical techniques for simulating the structural and compositional evolution of planetary rings due to micrometeoroid bombardment and subsequent ballistic transport of impact ejecta. Our current, robust code, which is based on the original structural code of [1] and on the pollution transport code of [3], is capable of modeling structural changes and pollution transport simultaneously over long times on both local and global scales. We provide demonstrative simulations to compare with, and extend upon previous work, as well as examples of how ballistic transport can maintain the observed structure in Saturn's rings using available Cassini occultation optical depth data.

Comparing Turbulence Simulation with Experiment in DIII-D

NASA Astrophysics Data System (ADS)

Ross, D. W.; Bravenec, R. V.; Dorland, W.; Beer, M. A.; Hammett, G. W.; McKee, G. R.; Murakami, M.; Jackson, G. L.

2000-10-01

Gyrofluid simulations of DIII-D discharges with the GRYFFIN code(D. W. Ross et al.), Transport Task Force Workshop, Burlington, VT, (2000). are compared with transport and fluctuation measurements. The evolution of confinement-improved discharges(G. R. McKee et al.), Phys. Plasmas 7, 1870 (200) is studied at early times following impurity injection, when EXB rotational shear plays a small role. The ion thermal transport predicted by the code is consistent with the experimental values. Experimentally, changes in density profiles resulting from the injection of neon, lead to reduction in fluctuation levels and transport following the injection. This triggers subsequent changes in the shearing rate that further reduce the turbulence.(M. Murakami et al.), European Physical Society, Budapest (2000); M. Murakami et al., this meeting. Estimated uncertainties in the plasma profiles, however, make it difficult to simulate these reductions with the code. These cases will also be studied with the GS2 gyrokinetic code.

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.

Gyrokinetic Particle Simulation of Turbulent Transport in Burning Plasmas (GPS - TTBP) Final Report

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

Chame, Jacqueline

2011-05-27

The goal of this project is the development of the Gyrokinetic Toroidal Code (GTC) Framework and its applications to problems related to the physics of turbulence and turbulent transport in tokamaks,. The project involves physics studies, code development, noise effect mitigation, supporting computer science efforts, diagnostics and advanced visualizations, verification and validation. Its main scientific themes are mesoscale dynamics and non-locality effects on transport, the physics of secondary structures such as zonal flows, and strongly coherent wave-particle interaction phenomena at magnetic precession resonances. Special emphasis is placed on the implications of these themes for rho-star and current scalings and formore » the turbulent transport of momentum. GTC-TTBP also explores applications to electron thermal transport, particle transport; ITB formation and cross-cuts such as edge-core coupling, interaction of energetic particles with turbulence and neoclassical tearing mode trigger dynamics. Code development focuses on major initiatives in the development of full-f formulations and the capacity to simulate flux-driven transport. In addition to the full-f -formulation, the project includes the development of numerical collision models and methods for coarse graining in phase space. Verification is pursued by linear stability study comparisons with the FULL and HD7 codes and by benchmarking with the GKV, GYSELA and other gyrokinetic simulation codes. Validation of gyrokinetic models of ion and electron thermal transport is pursed by systematic stressing comparisons with fluctuation and transport data from the DIII-D and NSTX tokamaks. The physics and code development research programs are supported by complementary efforts in computer sciences, high performance computing, and data management.« less

Overview of Recent Radiation Transport Code Comparisons for Space Applications

NASA Astrophysics Data System (ADS)

Townsend, Lawrence

Recent advances in radiation transport code development for space applications have resulted in various comparisons of code predictions for a variety of scenarios and codes. Comparisons among both Monte Carlo and deterministic codes have been made and published by vari-ous groups and collaborations, including comparisons involving, but not limited to HZETRN, HETC-HEDS, FLUKA, GEANT, PHITS, and MCNPX. In this work, an overview of recent code prediction inter-comparisons, including comparisons to available experimental data, is presented and discussed, with emphases on those areas of agreement and disagreement among the various code predictions and published data.

A comparative study of space radiation organ doses and associated cancer risks using PHITS and HZETRN.

PubMed

Bahadori, Amir A; Sato, Tatsuhiko; Slaba, Tony C; Shavers, Mark R; Semones, Edward J; Van Baalen, Mary; Bolch, Wesley E

2013-10-21

NASA currently uses one-dimensional deterministic transport to generate values of the organ dose equivalent needed to calculate stochastic radiation risk following crew space exposures. In this study, organ absorbed doses and dose equivalents are calculated for 50th percentile male and female astronaut phantoms using both the NASA High Charge and Energy Transport Code to perform one-dimensional deterministic transport and the Particle and Heavy Ion Transport Code System to perform three-dimensional Monte Carlo transport. Two measures of radiation risk, effective dose and risk of exposure-induced death (REID) are calculated using the organ dose equivalents resulting from the two methods of radiation transport. For the space radiation environments and simplified shielding configurations considered, small differences (<8%) in the effective dose and REID are found. However, for the galactic cosmic ray (GCR) boundary condition, compensating errors are observed, indicating that comparisons between the integral measurements of complex radiation environments and code calculations can be misleading. Code-to-code benchmarks allow for the comparison of differential quantities, such as secondary particle differential fluence, to provide insight into differences observed in integral quantities for particular components of the GCR spectrum.

A comparative study of space radiation organ doses and associated cancer risks using PHITS and HZETRN

NASA Astrophysics Data System (ADS)

Bahadori, Amir A.; Sato, Tatsuhiko; Slaba, Tony C.; Shavers, Mark R.; Semones, Edward J.; Van Baalen, Mary; Bolch, Wesley E.

2013-10-01

NASA currently uses one-dimensional deterministic transport to generate values of the organ dose equivalent needed to calculate stochastic radiation risk following crew space exposures. In this study, organ absorbed doses and dose equivalents are calculated for 50th percentile male and female astronaut phantoms using both the NASA High Charge and Energy Transport Code to perform one-dimensional deterministic transport and the Particle and Heavy Ion Transport Code System to perform three-dimensional Monte Carlo transport. Two measures of radiation risk, effective dose and risk of exposure-induced death (REID) are calculated using the organ dose equivalents resulting from the two methods of radiation transport. For the space radiation environments and simplified shielding configurations considered, small differences (<8%) in the effective dose and REID are found. However, for the galactic cosmic ray (GCR) boundary condition, compensating errors are observed, indicating that comparisons between the integral measurements of complex radiation environments and code calculations can be misleading. Code-to-code benchmarks allow for the comparison of differential quantities, such as secondary particle differential fluence, to provide insight into differences observed in integral quantities for particular components of the GCR spectrum.

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.

MILSTAMP TACs: Military Standard Transportation and Movement Procedures Transportation Account Codes. Volume 2

DTIC Science & Technology

1987-02-15

this chapter. NO - If shipment is not second des - tination transportation , obtain fund cite per yes response for question 2 above. 4. For Direct Support...return . . . . . . . . .0 . . . . . . . a. . .. A820 (8) LOGAIR/QUICKTRANS. Transportation Account Codes de - signed herein are applicable to the...oo~• na~- Transportation Tis Document Contains Tasotto Missing Page/s That Are Unavailable In The And Original Document Movement sdocument has boon

Transport calculations and accelerator experiments needed for radiation risk assessment in space.

PubMed

Sihver, Lembit

2008-01-01

The major uncertainties on space radiation risk estimates in humans are associated to the poor knowledge of the biological effects of low and high LET radiation, with a smaller contribution coming from the characterization of space radiation field and its primary interactions with the shielding and the human body. However, to decrease the uncertainties on the biological effects and increase the accuracy of the risk coefficients for charged particles radiation, the initial charged-particle spectra from the Galactic Cosmic Rays (GCRs) and the Solar Particle Events (SPEs), and the radiation transport through the shielding material of the space vehicle and the human body, must be better estimated Since it is practically impossible to measure all primary and secondary particles from all possible position-projectile-target-energy combinations needed for a correct risk assessment in space, accurate particle and heavy ion transport codes must be used. These codes are also needed when estimating the risk for radiation induced failures in advanced microelectronics, such as single-event effects, etc., and the efficiency of different shielding materials. It is therefore important that the models and transport codes will be carefully benchmarked and validated to make sure they fulfill preset accuracy criteria, e.g. to be able to predict particle fluence, dose and energy distributions within a certain accuracy. When validating the accuracy of the transport codes, both space and ground based accelerator experiments are needed The efficiency of passive shielding and protection of electronic devices should also be tested in accelerator experiments and compared to simulations using different transport codes. In this paper different multipurpose particle and heavy ion transport codes will be presented, different concepts of shielding and protection discussed, as well as future accelerator experiments needed for testing and validating codes and shielding materials.

Validating the performance of correlated fission multiplicity implementation in radiation transport codes with subcritical neutron multiplication benchmark experiments

DOE PAGES

Arthur, Jennifer; Bahran, Rian; Hutchinson, Jesson; ...

2018-06-14

Historically, radiation transport codes have uncorrelated fission emissions. In reality, the particles emitted by both spontaneous and induced fissions are correlated in time, energy, angle, and multiplicity. This work validates the performance of various current Monte Carlo codes that take into account the underlying correlated physics of fission neutrons, specifically neutron multiplicity distributions. The performance of 4 Monte Carlo codes - MCNP®6.2, MCNP®6.2/FREYA, MCNP®6.2/CGMF, and PoliMi - was assessed using neutron multiplicity benchmark experiments. In addition, MCNP®6.2 simulations were run using JEFF-3.2 and JENDL-4.0, rather than ENDF/B-VII.1, data for 239Pu and 240Pu. The sensitive benchmark parameters that in this workmore » represent the performance of each correlated fission multiplicity Monte Carlo code include the singles rate, the doubles rate, leakage multiplication, and Feynman histograms. Although it is difficult to determine which radiation transport code shows the best overall performance in simulating subcritical neutron multiplication inference benchmark measurements, it is clear that correlations exist between the underlying nuclear data utilized by (or generated by) the various codes, and the correlated neutron observables of interest. This could prove useful in nuclear data validation and evaluation applications, in which a particular moment of the neutron multiplicity distribution is of more interest than the other moments. It is also quite clear that, because transport is handled by MCNP®6.2 in 3 of the 4 codes, with the 4th code (PoliMi) being based on an older version of MCNP®, the differences in correlated neutron observables of interest are most likely due to the treatment of fission event generation in each of the different codes, as opposed to the radiation transport.« less

Validating the performance of correlated fission multiplicity implementation in radiation transport codes with subcritical neutron multiplication benchmark experiments

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

Arthur, Jennifer; Bahran, Rian; Hutchinson, Jesson

Historically, radiation transport codes have uncorrelated fission emissions. In reality, the particles emitted by both spontaneous and induced fissions are correlated in time, energy, angle, and multiplicity. This work validates the performance of various current Monte Carlo codes that take into account the underlying correlated physics of fission neutrons, specifically neutron multiplicity distributions. The performance of 4 Monte Carlo codes - MCNP®6.2, MCNP®6.2/FREYA, MCNP®6.2/CGMF, and PoliMi - was assessed using neutron multiplicity benchmark experiments. In addition, MCNP®6.2 simulations were run using JEFF-3.2 and JENDL-4.0, rather than ENDF/B-VII.1, data for 239Pu and 240Pu. The sensitive benchmark parameters that in this workmore » represent the performance of each correlated fission multiplicity Monte Carlo code include the singles rate, the doubles rate, leakage multiplication, and Feynman histograms. Although it is difficult to determine which radiation transport code shows the best overall performance in simulating subcritical neutron multiplication inference benchmark measurements, it is clear that correlations exist between the underlying nuclear data utilized by (or generated by) the various codes, and the correlated neutron observables of interest. This could prove useful in nuclear data validation and evaluation applications, in which a particular moment of the neutron multiplicity distribution is of more interest than the other moments. It is also quite clear that, because transport is handled by MCNP®6.2 in 3 of the 4 codes, with the 4th code (PoliMi) being based on an older version of MCNP®, the differences in correlated neutron observables of interest are most likely due to the treatment of fission event generation in each of the different codes, as opposed to the radiation transport.« less

Full 3D visualization tool-kit for Monte Carlo and deterministic transport codes

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

Frambati, S.; Frignani, M.

2012-07-01

We propose a package of tools capable of translating the geometric inputs and outputs of many Monte Carlo and deterministic radiation transport codes into open source file formats. These tools are aimed at bridging the gap between trusted, widely-used radiation analysis codes and very powerful, more recent and commonly used visualization software, thus supporting the design process and helping with shielding optimization. Three main lines of development were followed: mesh-based analysis of Monte Carlo codes, mesh-based analysis of deterministic codes and Monte Carlo surface meshing. The developed kit is considered a powerful and cost-effective tool in the computer-aided design formore » radiation transport code users of the nuclear world, and in particular in the fields of core design and radiation analysis. (authors)« less

Radiation Transport Tools for Space Applications: A Review

NASA Technical Reports Server (NTRS)

Jun, Insoo; Evans, Robin; Cherng, Michael; Kang, Shawn

2008-01-01

This slide presentation contains a brief discussion of nuclear transport codes widely used in the space radiation community for shielding and scientific analyses. Seven radiation transport codes that are addressed. The two general methods (i.e., Monte Carlo Method, and the Deterministic Method) are briefly reviewed.

Comparison of Transport Codes, HZETRN, HETC and FLUKA, Using 1977 GCR Solar Minimum Spectra

NASA Technical Reports Server (NTRS)

Heinbockel, John H.; Slaba, Tony C.; Tripathi, Ram K.; Blattnig, Steve R.; Norbury, John W.; Badavi, Francis F.; Townsend, Lawrence W.; Handler, Thomas; Gabriel, Tony A.; Pinsky, Lawrence S.;

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.

Monitoring Cosmic Radiation Risk: Comparisons between Observations and Predictive Codes for Naval Aviation

DTIC Science & Technology

2009-01-01

proton PARMA PHITS -based Analytical Radiation Model in the Atmosphere PCAIRE Predictive Code for Aircrew Radiation Exposure PHITS Particle and...radiation transport code utilized is called PARMA ( PHITS based Analytical Radiation Model in the Atmosphere) [36]. The particle fluxes calculated from the...same dose equivalent coefficient regulations from the ICRP-60 regulations. As a result, the transport codes utilized by EXPACS ( PHITS ) and CARI-6

Monitoring Cosmic Radiation Risk: Comparisons Between Observations and Predictive Codes for Naval Aviation

DTIC Science & Technology

2009-07-05

proton PARMA PHITS -based Analytical Radiation Model in the Atmosphere PCAIRE Predictive Code for Aircrew Radiation Exposure PHITS Particle and Heavy...transport code utilized is called PARMA ( PHITS based Analytical Radiation Model in the Atmosphere) [36]. The particle fluxes calculated from the input...dose equivalent coefficient regulations from the ICRP-60 regulations. As a result, the transport codes utilized by EXPACS ( PHITS ) and CARI-6 (PARMA

Moving from Batch to Field Using the RT3D Reactive Transport Modeling System

NASA Astrophysics Data System (ADS)

Clement, T. P.; Gautam, T. R.

2002-12-01

The public domain reactive transport code RT3D (Clement, 1997) is a general-purpose numerical code for solving coupled, multi-species reactive transport in saturated groundwater systems. The code uses MODFLOW to simulate flow and several modules of MT3DMS to simulate the advection and dispersion processes. RT3D employs the operator-split strategy which allows the code solve the coupled reactive transport problem in a modular fashion. The coupling between reaction and transport is defined through a separate module where the reaction equations are specified. The code supports a versatile user-defined reaction option that allows users to define their own reaction system through a Fortran-90 subroutine, known as the RT3D-reaction package. Further a utility code, known as BATCHRXN, allows the users to independently test and debug their reaction package. To analyze a new reaction system at a batch scale, users should first run BATCHRXN to test the ability of their reaction package to model the batch data. After testing, the reaction package can simply be ported to the RT3D environment to study the model response under 1-, 2-, or 3-dimensional transport conditions. This paper presents example problems that demonstrate the methods for moving from batch to field-scale simulations using BATCHRXN and RT3D codes. The first example describes a simple first-order reaction system for simulating the sequential degradation of Tetrachloroethene (PCE) and its daughter products. The second example uses a relatively complex reaction system for describing the multiple degradation pathways of Tetrachloroethane (PCA) and its daughter products. References 1) Clement, T.P, RT3D - A modular computer code for simulating reactive multi-species transport in 3-Dimensional groundwater aquifers, Battelle Pacific Northwest National Laboratory Research Report, PNNL-SA-28967, September, 1997. Available at: http://bioprocess.pnl.gov/rt3d.htm.

Generic reactive transport codes as flexible tools to integrate soil organic matter degradation models with water, transport and geochemistry in soils

NASA Astrophysics Data System (ADS)

Jacques, Diederik; Gérard, Fréderic; Mayer, Uli; Simunek, Jirka; Leterme, Bertrand

2016-04-01

A large number of organic matter degradation, CO2 transport and dissolved organic matter models have been developed during the last decades. However, organic matter degradation models are in many cases strictly hard-coded in terms of organic pools, degradation kinetics and dependency on environmental variables. The scientific input of the model user is typically limited to the adjustment of input parameters. In addition, the coupling with geochemical soil processes including aqueous speciation, pH-dependent sorption and colloid-facilitated transport are not incorporated in many of these models, strongly limiting the scope of their application. Furthermore, the most comprehensive organic matter degradation models are combined with simplified representations of flow and transport processes in the soil system. We illustrate the capability of generic reactive transport codes to overcome these shortcomings. The formulations of reactive transport codes include a physics-based continuum representation of flow and transport processes, while biogeochemical reactions can be described as equilibrium processes constrained by thermodynamic principles and/or kinetic reaction networks. The flexibility of these type of codes allows for straight-forward extension of reaction networks, permits the inclusion of new model components (e.g.: organic matter pools, rate equations, parameter dependency on environmental conditions) and in such a way facilitates an application-tailored implementation of organic matter degradation models and related processes. A numerical benchmark involving two reactive transport codes (HPx and MIN3P) demonstrates how the process-based simulation of transient variably saturated water flow (Richards equation), solute transport (advection-dispersion equation), heat transfer and diffusion in the gas phase can be combined with a flexible implementation of a soil organic matter degradation model. The benchmark includes the production of leachable organic matter and inorganic carbon in the aqueous and gaseous phases, as well as different decomposition functions with first-order, linear dependence or nonlinear dependence on a biomass pool. In addition, we show how processes such as local bioturbation (bio-diffusion) can be included implicitly through a Fickian formulation of transport of soil organic matter. Coupling soil organic matter models with generic and flexible reactive transport codes offers a valuable tool to enhance insights into coupled physico-chemical processes at different scales within the scope of C-biogeochemical cycles, possibly linked with other chemical elements such as plant nutrients and pollutants.

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...

49 CFR 171.25 - Additional requirements for the use of the IMDG Code.

Code of Federal Regulations, 2010 CFR

2010-10-01

...) Packages containing primary lithium batteries and cells that are transported in accordance with Special Provision 188 of the IMDG Code must be marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT.” This...

77 FR 18716 - Transportation Security Administration Postal Zip Code Change; Technical Amendment

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-28

... organizational changes and it has no substantive effect on the public. DATES: Effective March 28, 2012. FOR... No. 1572-9] Transportation Security Administration Postal Zip Code Change; Technical Amendment AGENCY: Transportation Security Administration, DHS. ACTION: Final rule. SUMMARY: This rule is a technical change to...

VVER-440 and VVER-1000 reactor dosimetry benchmark - BUGLE-96 versus ALPAN VII.0

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

Duo, J. I.

2011-07-01

Document available in abstract form only, full text of document follows: Analytical results of the vodo-vodyanoi energetichesky reactor-(VVER-) 440 and VVER-1000 reactor dosimetry benchmarks developed from engineering mockups at the Nuclear Research Inst. Rez LR-0 reactor are discussed. These benchmarks provide accurate determination of radiation field parameters in the vicinity and over the thickness of the reactor pressure vessel. Measurements are compared to calculated results with two sets of tools: TORT discrete ordinates code and BUGLE-96 cross-section library versus the newly Westinghouse-developed RAPTOR-M3G and ALPAN VII.0. The parallel code RAPTOR-M3G enables detailed neutron distributions in energy and space in reducedmore » computational time. ALPAN VII.0 cross-section library is based on ENDF/B-VII.0 and is designed for reactor dosimetry applications. It uses a unique broad group structure to enhance resolution in thermal-neutron-energy range compared to other analogous libraries. The comparison of fast neutron (E > 0.5 MeV) results shows good agreement (within 10%) between BUGLE-96 and ALPAN VII.O libraries. Furthermore, the results compare well with analogous results of participants of the REDOS program (2005). Finally, the analytical results for fast neutrons agree within 15% with the measurements, for most locations in all three mockups. In general, however, the analytical results underestimate the attenuation through the reactor pressure vessel thickness compared to the measurements. (authors)« less

Thermodynamic and transport properties of gaseous tetrafluoromethane in chemical equilibrium

NASA Technical Reports Server (NTRS)

Hunt, J. L.; Boney, L. R.

1973-01-01

Equations and in computer code are presented for the thermodynamic and transport properties of gaseous, undissociated tetrafluoromethane (CF4) in chemical equilibrium. The computer code calculates the thermodynamic and transport properties of CF4 when given any two of five thermodynamic variables (entropy, temperature, volume, pressure, and enthalpy). Equilibrium thermodynamic and transport property data are tabulated and pressure-enthalpy diagrams are presented.

High-fidelity plasma codes for burn physics

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

Cooley, James; Graziani, Frank; Marinak, Marty

Accurate predictions of equation of state (EOS), ionic and electronic transport properties are of critical importance for high-energy-density plasma science. Transport coefficients inform radiation-hydrodynamic codes and impact diagnostic interpretation, which in turn impacts our understanding of the development of instabilities, the overall energy balance of burning plasmas, and the efficacy of self-heating from charged-particle stopping. Important processes include thermal and electrical conduction, electron-ion coupling, inter-diffusion, ion viscosity, and charged particle stopping. However, uncertainties in these coefficients are not well established. Fundamental plasma science codes, also called high-fidelity plasma codes, are a relatively recent computational tool that augments both experimental datamore » and theoretical foundations of transport coefficients. This paper addresses the current status of HFPC codes and their future development, and the potential impact they play in improving the predictive capability of the multi-physics hydrodynamic codes used in HED design.« less

Development of a 1.5D plasma transport code for coupling to full orbit runaway electron simulations

NASA Astrophysics Data System (ADS)

Lore, J. D.; Del Castillo-Negrete, D.; Baylor, L.; Carbajal, L.

2017-10-01

A 1.5D (1D radial transport + 2D equilibrium geometry) plasma transport code is being developed to simulate runaway electron generation, mitigation, and avoidance by coupling to the full-orbit kinetic electron transport code KORC. The 1.5D code solves the time-dependent 1D flux surface averaged transport equations with sources for plasma density, pressure, and poloidal magnetic flux, along with the Grad-Shafranov equilibrium equation for the 2D flux surface geometry. Disruption mitigation is simulated by introducing an impurity neutral gas `pellet', with impurity densities and electron cooling calculated from ionization, recombination, and line emission rate coefficients. Rapid cooling of the electrons increases the resistivity, inducing an electric field which can be used as an input to KORC. The runaway electron current is then included in the parallel Ohm's law in the transport equations. The 1.5D solver will act as a driver for coupled simulations to model effects such as timescales for thermal quench, runaway electron generation, and pellet impurity mixtures for runaway avoidance. Current progress on the code and details of the numerical algorithms will be presented. Work supported by the US DOE under DE-AC05-00OR22725.

Benchmarking a Visual-Basic based multi-component one-dimensional reactive transport modeling tool

NASA Astrophysics Data System (ADS)

Torlapati, Jagadish; Prabhakar Clement, T.

2013-01-01

We present the details of a comprehensive numerical modeling tool, RT1D, which can be used for simulating biochemical and geochemical reactive transport problems. The code can be run within the standard Microsoft EXCEL Visual Basic platform, and it does not require any additional software tools. The code can be easily adapted by others for simulating different types of laboratory-scale reactive transport experiments. We illustrate the capabilities of the tool by solving five benchmark problems with varying levels of reaction complexity. These literature-derived benchmarks are used to highlight the versatility of the code for solving a variety of practical reactive transport problems. The benchmarks are described in detail to provide a comprehensive database, which can be used by model developers to test other numerical codes. The VBA code presented in the study is a practical tool that can be used by laboratory researchers for analyzing both batch and column datasets within an EXCEL platform.

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)

Multiple component codes based generalized LDPC codes for high-speed optical transport.

PubMed

Djordjevic, Ivan B; Wang, Ting

2014-07-14

A class of generalized low-density parity-check (GLDPC) codes suitable for optical communications is proposed, which consists of multiple local codes. It is shown that Hamming, BCH, and Reed-Muller codes can be used as local codes, and that the maximum a posteriori probability (MAP) decoding of these local codes by Ashikhmin-Lytsin algorithm is feasible in terms of complexity and performance. We demonstrate that record coding gains can be obtained from properly designed GLDPC codes, derived from multiple component codes. We then show that several recently proposed classes of LDPC codes such as convolutional and spatially-coupled codes can be described using the concept of GLDPC coding, which indicates that the GLDPC coding can be used as a unified platform for advanced FEC enabling ultra-high speed optical transport. The proposed class of GLDPC codes is also suitable for code-rate adaption, to adjust the error correction strength depending on the optical channel conditions.

Development of a new version of the Vehicle Protection Factor Code (VPF3)

NASA Astrophysics Data System (ADS)

Jamieson, Terrance J.

1990-10-01

The Vehicle Protection Factor (VPF) Code is an engineering tool for estimating radiation protection afforded by armoured vehicles and other structures exposed to neutron and gamma ray radiation from fission, thermonuclear, and fusion sources. A number of suggestions for modifications have been offered by users of early versions of the code. These include: implementing some of the more advanced features of the air transport rating code, ATR5, used to perform the air over ground radiation transport analyses; allowing the ability to study specific vehicle orientations within the free field; implementing an adjoint transport scheme to reduce the number of transport runs required; investigating the possibility of accelerating the transport scheme; and upgrading the computer automated design (CAD) package used by VPF. The generation of radiation free field fluences for infinite air geometries as required for aircraft analysis can be accomplished by using ATR with the air over ground correction factors disabled. Analysis of the effects of fallout bearing debris clouds on aircraft will require additional modelling of VPF.

A Monte Carlo Code for Relativistic Radiation Transport Around Kerr Black Holes

NASA Technical Reports Server (NTRS)

Schnittman, Jeremy David; Krolik, Julian H.

2013-01-01

We present a new code for radiation transport around Kerr black holes, including arbitrary emission and absorption mechanisms, as well as electron scattering and polarization. The code is particularly useful for analyzing accretion flows made up of optically thick disks and optically thin coronae. We give a detailed description of the methods employed in the code and also present results from a number of numerical tests to assess its accuracy and convergence.

Benchmarking of Neutron Production of Heavy-Ion Transport Codes

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

Remec, Igor; Ronningen, Reginald M.; Heilbronn, Lawrence

Accurate prediction of radiation fields generated by heavy ion interactions is important in medical applications, space missions, and in design and operation of rare isotope research facilities. In recent years, several well-established computer codes in widespread use for particle and radiation transport calculations have been equipped with the capability to simulate heavy ion transport and interactions. To assess and validate these capabilities, we performed simulations of a series of benchmark-quality heavy ion experiments with the computer codes FLUKA, MARS15, MCNPX, and PHITS. We focus on the comparisons of secondary neutron production. Results are encouraging; however, further improvements in models andmore » codes and additional benchmarking are required.« less

Benchmarking of Heavy Ion Transport Codes

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

Remec, Igor; Ronningen, Reginald M.; Heilbronn, Lawrence

Accurate prediction of radiation fields generated by heavy ion interactions is important in medical applications, space missions, and in designing and operation of rare isotope research facilities. In recent years, several well-established computer codes in widespread use for particle and radiation transport calculations have been equipped with the capability to simulate heavy ion transport and interactions. To assess and validate these capabilities, we performed simulations of a series of benchmark-quality heavy ion experiments with the computer codes FLUKA, MARS15, MCNPX, and PHITS. We focus on the comparisons of secondary neutron production. Results are encouraging; however, further improvements in models andmore » codes and additional benchmarking are required.« less

Treating voxel geometries in radiation protection dosimetry with a patched version of the Monte Carlo codes MCNP and MCNPX.

PubMed

Burn, K W; Daffara, C; Gualdrini, G; Pierantoni, M; Ferrari, P

2007-01-01

The question of Monte Carlo simulation of radiation transport in voxel geometries is addressed. Patched versions of the MCNP and MCNPX codes are developed aimed at transporting radiation both in the standard geometry mode and in the voxel geometry treatment. The patched code reads an unformatted FORTRAN file derived from DICOM format data and uses special subroutines to handle voxel-to-voxel radiation transport. The various phases of the development of the methodology are discussed together with the new input options. Examples are given of employment of the code in internal and external dosimetry and comparisons with results from other groups are reported.

Development of Parallel Computing Framework to Enhance Radiation Transport Code Capabilities for Rare Isotope Beam Facility Design

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

Kostin, Mikhail; Mokhov, Nikolai; Niita, Koji

A parallel computing framework has been developed to use with general-purpose radiation transport codes. The framework was implemented as a C++ module that uses MPI for message passing. It is intended to be used with older radiation transport codes implemented in Fortran77, Fortran 90 or C. The module is significantly independent of radiation transport codes it can be used with, and is connected to the codes by means of a number of interface functions. The framework was developed and tested in conjunction with the MARS15 code. It is possible to use it with other codes such as PHITS, FLUKA andmore » MCNP after certain adjustments. Besides the parallel computing functionality, the framework offers a checkpoint facility that allows restarting calculations with a saved checkpoint file. The checkpoint facility can be used in single process calculations as well as in the parallel regime. The framework corrects some of the known problems with the scheduling and load balancing found in the original implementations of the parallel computing functionality in MARS15 and PHITS. The framework can be used efficiently on homogeneous systems and networks of workstations, where the interference from the other users is possible.« less

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.…

METHES: A Monte Carlo collision code for the simulation of electron transport in low temperature plasmas

NASA Astrophysics Data System (ADS)

Rabie, M.; Franck, C. M.

2016-06-01

We present a freely available MATLAB code for the simulation of electron transport in arbitrary gas mixtures in the presence of uniform electric fields. For steady-state electron transport, the program provides the transport coefficients, reaction rates and the electron energy distribution function. The program uses established Monte Carlo techniques and is compatible with the electron scattering cross section files from the open-access Plasma Data Exchange Project LXCat. The code is written in object-oriented design, allowing the tracing and visualization of the spatiotemporal evolution of electron swarms and the temporal development of the mean energy and the electron number due to attachment and/or ionization processes. We benchmark our code with well-known model gases as well as the real gases argon, N2, O2, CF4, SF6 and mixtures of N2 and O2.

STELLTRANS: A Transport Analysis Suite for Stellarators

NASA Astrophysics Data System (ADS)

Mittelstaedt, Joseph; Lazerson, Samuel; Pablant, Novimir; Weir, Gavin; W7-X Team

2016-10-01

The stellarator transport code STELLTRANS allows us to better analyze the power balance in W7-X. Although profiles of temperature and density are measured experimentally, geometrical factors are needed in conjunction with these measurements to properly analyze heat flux densities in stellarators. The STELLTRANS code interfaces with VMEC to find an equilibrium flux surface configuration and with TRAVIS to determine the RF heating and current drive in the plasma. Stationary transport equations are then considered which are solved using a boundary value differential equation solver. The equations and quantities considered are averaged over flux surfaces to reduce the system to an essentially one dimensional problem. We have applied this code to data from W-7X and were able to calculate the heat flux coefficients. We will also present extensions of the code to a predictive capacity which would utilize DKES to find neoclassical transport coefficients to update the temperature and density profiles.

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)

Electron transport model of dielectric charging

NASA Technical Reports Server (NTRS)

Beers, B. L.; Hwang, H. C.; Lin, D. L.; Pine, V. W.

1979-01-01

A computer code (SCCPOEM) was assembled to describe the charging of dielectrics due to irradiation by electrons. The primary purpose for developing the code was to make available a convenient tool for studying the internal fields and charge densities in electron-irradiated dielectrics. The code, which is based on the primary electron transport code POEM, is applicable to arbitrary dielectrics, source spectra, and current time histories. The code calculations are illustrated by a series of semianalytical solutions. Calculations to date suggest that the front face electric field is insufficient to cause breakdown, but that bulk breakdown fields can easily be exceeded.

Capabilities overview of the MORET 5 Monte Carlo code

NASA Astrophysics Data System (ADS)

Cochet, B.; Jinaphanh, A.; Heulers, L.; Jacquet, O.

2014-06-01

The MORET code is a simulation tool that solves the transport equation for neutrons using the Monte Carlo method. It allows users to model complex three-dimensional geometrical configurations, describe the materials, define their own tallies in order to analyse the results. The MORET code has been initially designed to perform calculations for criticality safety assessments. New features has been introduced in the MORET 5 code to expand its use for reactor applications. This paper presents an overview of the MORET 5 code capabilities, going through the description of materials, the geometry modelling, the transport simulation and the definition of the outputs.

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

Aleman, S.E.

This report documents a finite element code designed to model subsurface flow and contaminant transport, named FACT. FACT is a transient three-dimensional, finite element code designed to simulate isothermal groundwater flow, moisture movement, and solute transport in variably saturated and fully saturated subsurface porous media.

Adaptive Nodal Transport Methods for Reactor Transient Analysis

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

Thomas Downar; E. Lewis

2005-08-31

Develop methods for adaptively treating the angular, spatial, and time dependence of the neutron flux in reactor transient analysis. These methods were demonstrated in the DOE transport nodal code VARIANT and the US NRC spatial kinetics code, PARCS.

The Athena Astrophysical MHD Code in Cylindrical Geometry

NASA Astrophysics Data System (ADS)

Skinner, M. A.; Ostriker, E. C.

2011-10-01

We have developed a method for implementing cylindrical coordinates in the Athena MHD code (Skinner & Ostriker 2010). The extension has been designed to alter the existing Cartesian-coordinates code (Stone et al. 2008) as minimally and transparently as possible. The numerical equations in cylindrical coordinates are formulated to maintain consistency with constrained transport, a central feature of the Athena algorithm, while making use of previously implemented code modules such as the eigensystems and Riemann solvers. Angular-momentum transport, which is critical in astrophysical disk systems dominated by rotation, is treated carefully. We describe modifications for cylindrical coordinates of the higher-order spatial reconstruction and characteristic evolution steps as well as the finite-volume and constrained transport updates. Finally, we have developed a test suite of standard and novel problems in one-, two-, and three-dimensions designed to validate our algorithms and implementation and to be of use to other code developers. The code is suitable for use in a wide variety of astrophysical applications and is freely available for download on the web.

Transport and equilibrium in field-reversed mirrors

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

Boyd, J.K.

Two plasma models relevant to compact torus research have been developed to study transport and equilibrium in field reversed mirrors. In the first model for small Larmor radius and large collision frequency, the plasma is described as an adiabatic hydromagnetic fluid. In the second model for large Larmor radius and small collision frequency, a kinetic theory description has been developed. Various aspects of the two models have been studied in five computer codes ADB, AV, NEO, OHK, RES. The ADB code computes two dimensional equilibrium and one dimensional transport in a flux coordinate. The AV code calculates orbit average integralsmore » in a harmonic oscillator potential. The NEO code follows particle trajectories in a Hill's vortex magnetic field to study stochasticity, invariants of the motion, and orbit average formulas. The OHK code displays analytic psi(r), B/sub Z/(r), phi(r), E/sub r/(r) formulas developed for the kinetic theory description. The RES code calculates resonance curves to consider overlap regions relevant to stochastic orbit behavior.« less

Benchmarking of neutron production of heavy-ion transport codes

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

Remec, I.; Ronningen, R. M.; Heilbronn, L.

Document available in abstract form only, full text of document follows: Accurate prediction of radiation fields generated by heavy ion interactions is important in medical applications, space missions, and in design and operation of rare isotope research facilities. In recent years, several well-established computer codes in widespread use for particle and radiation transport calculations have been equipped with the capability to simulate heavy ion transport and interactions. To assess and validate these capabilities, we performed simulations of a series of benchmark-quality heavy ion experiments with the computer codes FLUKA, MARS15, MCNPX, and PHITS. We focus on the comparisons of secondarymore » neutron production. Results are encouraging; however, further improvements in models and codes and additional benchmarking are required. (authors)« less

Method for calculating internal radiation and ventilation with the ADINAT heat-flow code

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

Butkovich, T.R.; Montan, D.N.

1980-04-01

One objective of the spent fuel test in Climax Stock granite (SFTC) is to correctly model the thermal transport, and the changes in the stress field and accompanying displacements from the application of the thermal loads. We have chosen the ADINA and ADINAT finite element codes to do these calculations. ADINAT is a heat transfer code compatible to the ADINA displacement and stress analysis code. The heat flow problem encountered at SFTC requires a code with conduction, radiation, and ventilation capabilities, which the present version of ADINAT does not have. We have devised a method for calculating internal radiation andmore » ventilation with the ADINAT code. This method effectively reproduces the results from the TRUMP multi-dimensional finite difference code, which correctly models radiative heat transport between drift surfaces, conductive and convective thermal transport to and through air in the drifts, and mass flow of air in the drifts. The temperature histories for each node in the finite element mesh calculated with ADINAT using this method can be used directly in the ADINA thermal-mechanical calculation.« less

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…

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…

Monte Carlo Modeling of the Initial Radiation Emitted by a Nuclear Device in the National Capital Region

DTIC Science & Technology

2013-07-01

also simulated in the models. Data was derived from calculations using the three-dimensional Monte Carlo radiation transport code MCNP (Monte Carlo N...32  B.  MCNP PHYSICS OPTIONS ......................................................................................... 33  C.  HAZUS...input deck’) for the MCNP , Monte Carlo N-Particle, radiation transport code. MCNP is a general-purpose code designed to simulate neutron, photon

Considerations of MCNP Monte Carlo code to be used as a radiotherapy treatment planning tool.

PubMed

Juste, B; Miro, R; Gallardo, S; Verdu, G; Santos, A

2005-01-01

The present work has simulated the photon and electron transport in a Theratron 780® (MDS Nordion)⁶⁰Co radiotherapy unit, using the Monte Carlo transport code, MCNP (Monte Carlo N-Particle). This project explains mainly the different methodologies carried out to speedup calculations in order to apply this code efficiently in radiotherapy treatment planning.

CTViz: A tool for the visualization of transport in nanocomposites.

PubMed

Beach, Benjamin; Brown, Joshua; Tarlton, Taylor; Derosa, Pedro A

2016-05-01

A visualization tool (CTViz) for charge transport processes in 3-D hybrid materials (nanocomposites) was developed, inspired by the need for a graphical application to assist in code debugging and data presentation of an existing in-house code. As the simulation code grew, troubleshooting problems grew increasingly difficult without an effective way to visualize 3-D samples and charge transport in those samples. CTViz is able to produce publication and presentation quality visuals of the simulation box, as well as static and animated visuals of the paths of individual carriers through the sample. CTViz was designed to provide a high degree of flexibility in the visualization of the data. A feature that characterizes this tool is the use of shade and transparency levels to highlight important details in the morphology or in the transport paths by hiding or dimming elements of little relevance to the current view. This is fundamental for the visualization of 3-D systems with complex structures. The code presented here provides these required capabilities, but has gone beyond the original design and could be used as is or easily adapted for the visualization of other particulate transport where transport occurs on discrete paths. Copyright © 2016 Elsevier Inc. All rights reserved.

Path Toward a Unified Geometry for Radiation Transport

NASA Astrophysics Data System (ADS)

Lee, Kerry

The Direct Accelerated Geometry for Radiation Analysis and Design (DAGRAD) element of the RadWorks Project under Advanced Exploration Systems (AES) within the Space Technology Mission Directorate (STMD) of NASA will enable new designs and concepts of operation for radiation risk assessment, mitigation and protection. This element is designed to produce a solution that will allow NASA to calculate the transport of space radiation through complex CAD models using the state-of-the-art analytic and Monte Carlo radiation transport codes. Due to the inherent hazard of astronaut and spacecraft exposure to ionizing radiation in low-Earth orbit (LEO) or in deep space, risk analyses must be performed for all crew vehicles and habitats. Incorporating these analyses into the design process can minimize the mass needed solely for radiation protection. Transport of the radiation fields as they pass through shielding and body materials can be simulated using Monte Carlo techniques or described by the Boltzmann equation, which is obtained by balancing changes in particle fluxes as they traverse a small volume of material with the gains and losses caused by atomic and nuclear collisions. Deterministic codes that solve the Boltzmann transport equation, such as HZETRN (high charge and energy transport code developed by NASA LaRC), are generally computationally faster than Monte Carlo codes such as FLUKA, GEANT4, MCNP(X) or PHITS; however, they are currently limited to transport in one dimension, which poorly represents the secondary light ion and neutron radiation fields. NASA currently uses HZETRN space radiation transport software, both because it is computationally efficient and because proven methods have been developed for using this software to analyze complex geometries. Although Monte Carlo codes describe the relevant physics in a fully three-dimensional manner, their computational costs have thus far prevented their widespread use for analysis of complex CAD models, leading to the creation and maintenance of toolkit specific simplistic geometry models. The work presented here builds on the Direct Accelerated Geometry Monte Carlo (DAGMC) toolkit developed for use with the Monte Carlo N-Particle (MCNP) transport code. The work-flow for doing radiation transport on CAD models using MCNP and FLUKA has been demonstrated and the results of analyses on realistic spacecraft/habitats will be presented. Future work is planned that will further automate this process and enable the use of multiple radiation transport codes on identical geometry models imported from CAD. This effort will enhance the modeling tools used by NASA to accurately evaluate the astronaut space radiation risk and accurately determine the protection provided by as-designed exploration mission vehicles and habitats.

Identification of Trends into Dose Calculations for Astronauts through Performing Sensitivity Analysis on Calculational Models Used by the Radiation Health Office

NASA Technical Reports Server (NTRS)

Adams, Thomas; VanBaalen, Mary

2009-01-01

The Radiation Health Office (RHO) determines each astronaut s cancer risk by using models to associate the amount of radiation dose that astronauts receive from spaceflight missions. The baryon transport codes (BRYNTRN), high charge (Z) and energy transport codes (HZETRN), and computer risk models are used to determine the effective dose received by astronauts in Low Earth orbit (LEO). This code uses an approximation of the Boltzman transport formula. The purpose of the project is to run this code for various International Space Station (ISS) flight parameters in order to gain a better understanding of how this code responds to different scenarios. The project will determine how variations in one set of parameters such as, the point of the solar cycle and altitude can affect the radiation exposure of astronauts during ISS missions. This project will benefit NASA by improving mission dosimetry.

Simulations of neutron transport at low energy: a comparison between GEANT and MCNP.

PubMed

Colonna, N; Altieri, S

2002-06-01

The use of the simulation tool GEANT for neutron transport at energies below 20 MeV is discussed, in particular with regard to shielding and dose calculations. The reliability of the GEANT/MICAP package for neutron transport in a wide energy range has been verified by comparing the results of simulations performed with this package in a wide energy range with the prediction of MCNP-4B, a code commonly used for neutron transport at low energy. A reasonable agreement between the results of the two codes is found for the neutron flux through a slab of material (iron and ordinary concrete), as well as for the dose released in soft tissue by neutrons. These results justify the use of the GEANT/MICAP code for neutron transport in a wide range of applications, including health physics problems.

SHIELD and HZETRN comparisons of pion production cross sections

NASA Astrophysics Data System (ADS)

Norbury, John W.; Sobolevsky, Nikolai; Werneth, Charles M.

2018-03-01

A program of comparing American (NASA) and Russian (ROSCOSMOS) space radiation transport codes has recently begun, and the first paper directly comparing the NASA and ROSCOSMOS space radiation transport codes, HZETRN and SHIELD respectively has recently appeared. The present work represents the second time that NASA and ROSCOSMOS calculations have been directly compared, and the focus here is on models of pion production cross sections used in the two transport codes mentioned above. It was found that these models are in overall moderate agreement with each other and with experimental data. Disagreements that were found are discussed.

Evaluation and utilization of beam simulation codes for the SNS ion source and low energy beam transport developmenta)

NASA Astrophysics Data System (ADS)

Han, B. X.; Welton, R. F.; Stockli, M. P.; Luciano, N. P.; Carmichael, J. R.

2008-02-01

Beam simulation codes PBGUNS, SIMION, and LORENTZ-3D were evaluated by modeling the well-diagnosed SNS base line ion source and low energy beam transport (LEBT) system. Then, an investigation was conducted using these codes to assist our ion source and LEBT development effort which is directed at meeting the SNS operational and also the power-upgrade project goals. A high-efficiency H- extraction system as well as magnetic and electrostatic LEBT configurations capable of transporting up to 100mA is studied using these simulation tools.

On the Development of a Deterministic Three-Dimensional Radiation Transport Code

NASA Technical Reports Server (NTRS)

Rockell, Candice; Tweed, John

2011-01-01

Since astronauts on future deep space missions will be exposed to dangerous radiations, there is a need to accurately model the transport of radiation through shielding materials and to estimate the received radiation dose. In response to this need a three dimensional deterministic code for space radiation transport is now under development. The new code GRNTRN is based on a Green's function solution of the Boltzmann transport equation that is constructed in the form of a Neumann series. Analytical approximations will be obtained for the first three terms of the Neumann series and the remainder will be estimated by a non-perturbative technique . This work discusses progress made to date and exhibits some computations based on the first two Neumann series terms.

Accelerating execution of the integrated TIGER series Monte Carlo radiation transport codes

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

Smith, L.M.; Hochstedler, R.D.

1997-02-01

Execution of the integrated TIGER series (ITS) of coupled electron/photon Monte Carlo radiation transport codes has been accelerated by modifying the FORTRAN source code for more efficient computation. Each member code of ITS was benchmarked and profiled with a specific test case that directed the acceleration effort toward the most computationally intensive subroutines. Techniques for accelerating these subroutines included replacing linear search algorithms with binary versions, replacing the pseudo-random number generator, reducing program memory allocation, and proofing the input files for geometrical redundancies. All techniques produced identical or statistically similar results to the original code. Final benchmark timing of themore » accelerated code resulted in speed-up factors of 2.00 for TIGER (the one-dimensional slab geometry code), 1.74 for CYLTRAN (the two-dimensional cylindrical geometry code), and 1.90 for ACCEPT (the arbitrary three-dimensional geometry code).« less

AN OPEN-SOURCE NEUTRINO RADIATION HYDRODYNAMICS CODE FOR CORE-COLLAPSE SUPERNOVAE

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

O’Connor, Evan, E-mail: evanoconnor@ncsu.edu; CITA, Canadian Institute for Theoretical Astrophysics, Toronto, M5S 3H8

2015-08-15

We present an open-source update to the spherically symmetric, general-relativistic hydrodynamics, core-collapse supernova (CCSN) code GR1D. The source code is available at http://www.GR1Dcode.org. We extend its capabilities to include a general-relativistic treatment of neutrino transport based on the moment formalisms of Shibata et al. and Cardall et al. We pay special attention to implementing and testing numerical methods and approximations that lessen the computational demand of the transport scheme by removing the need to invert large matrices. This is especially important for the implementation and development of moment-like transport methods in two and three dimensions. A critical component of neutrinomore » transport calculations is the neutrino–matter interaction coefficients that describe the production, absorption, scattering, and annihilation of neutrinos. In this article we also describe our open-source neutrino interaction library NuLib (available at http://www.nulib.org). We believe that an open-source approach to describing these interactions is one of the major steps needed to progress toward robust models of CCSNe and robust predictions of the neutrino signal. We show, via comparisons to full Boltzmann neutrino-transport simulations of CCSNe, that our neutrino transport code performs remarkably well. Furthermore, we show that the methods and approximations we employ to increase efficiency do not decrease the fidelity of our results. We also test the ability of our general-relativistic transport code to model failed CCSNe by evolving a 40-solar-mass progenitor to the onset of collapse to a black hole.« less

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.

Reactive transport modeling in fractured rock: A state-of-the-science review

NASA Astrophysics Data System (ADS)

MacQuarrie, Kerry T. B.; Mayer, K. Ulrich

2005-10-01

The field of reactive transport modeling has expanded significantly in the past two decades and has assisted in resolving many issues in Earth Sciences. Numerical models allow for detailed examination of coupled transport and reactions, or more general investigation of controlling processes over geologic time scales. Reactive transport models serve to provide guidance in field data collection and, in particular, enable researchers to link modeling and hydrogeochemical studies. In this state-of-science review, the key objectives were to examine the applicability of reactive transport codes for exploring issues of redox stability to depths of several hundreds of meters in sparsely fractured crystalline rock, with a focus on the Canadian Shield setting. A conceptual model of oxygen ingress and redox buffering, within a Shield environment at time and space scales relevant to nuclear waste repository performance, is developed through a review of previous research. This conceptual model describes geochemical and biological processes and mechanisms materially important to understanding redox buffering capacity and radionuclide mobility in the far-field. Consistent with this model, reactive transport codes should ideally be capable of simulating the effects of changing recharge water compositions as a result of long-term climate change, and fracture-matrix interactions that may govern water-rock interaction. Other aspects influencing the suitability of reactive transport codes include the treatment of various reaction and transport time scales, the ability to apply equilibrium or kinetic formulations simultaneously, the need to capture feedback between water-rock interactions and porosity-permeability changes, and the representation of fractured crystalline rock environments as discrete fracture or dual continuum media. A review of modern multicomponent reactive transport codes indicates a relatively high-level of maturity. Within the Yucca Mountain nuclear waste disposal program, reactive transport codes of varying complexity have been applied to investigate the migration of radionuclides and the geochemical evolution of host rock around the planned disposal facility. Through appropriate near- and far-field application of dual continuum codes, this example demonstrates how reactive transport models have been applied to assist in constraining historic water infiltration rates, interpreting the sealing of flow paths due to mineral precipitation, and investigating post-closure geochemical monitoring strategies. Natural analogue modeling studies, although few in number, are also of key importance as they allow the comparison of model results with hydrogeochemical and paleohydrogeological data over geologic time scales.

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.

Reactive transport codes for subsurface environmental simulation

DOE PAGES

Steefel, C. I.; Appelo, C. A. J.; Arora, B.; ...

2014-09-26

A general description of the mathematical and numerical formulations used in modern numerical reactive transport codes relevant for subsurface environmental simulations is presented. The formulations are followed by short descriptions of commonly used and available subsurface simulators that consider continuum representations of flow, transport, and reactions in porous media. These formulations are applicable to most of the subsurface environmental benchmark problems included in this special issue. The list of codes described briefly here includes PHREEQC, HPx, PHT3D, OpenGeoSys (OGS), HYTEC, ORCHESTRA, TOUGHREACT, eSTOMP, HYDROGEOCHEM, CrunchFlow, MIN3P, and PFLOTRAN. The descriptions include a high-level list of capabilities for each of themore » codes, along with a selective list of applications that highlight their capabilities and historical development.« less

Dust-Particle Transport in Tokamak Edge Plasmas

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

Pigarov, A Y; Krasheninnikov, S I; Soboleva, T K

2005-09-12

Dust particulates in the size range of 10nm-100{micro}m are found in all fusion devices. Such dust can be generated during tokamak operation due to strong plasma/material-surface interactions. Some recent experiments and theoretical estimates indicate that dust particles can provide an important source of impurities in the tokamak plasma. Moreover, dust can be a serious threat to the safety of next-step fusion devices. In this paper, recent experimental observations on dust in fusion devices are reviewed. A physical model for dust transport simulation, and a newly developed code DUSTT, are discussed. The DUSTT code incorporates both dust dynamics due to comprehensivemore » dust-plasma interactions as well as the effects of dust heating, charging, and evaporation. The code tracks test dust particles in realistic plasma backgrounds as provided by edge-plasma transport codes. Results are presented for dust transport in current and next-step tokamaks. The effect of dust on divertor plasma profiles and core plasma contamination is examined.« less

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)

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...

Study of no-man's land physics in the total-f gyrokinetic code XGC1

NASA Astrophysics Data System (ADS)

Ku, Seung Hoe; Chang, C. S.; Lang, J.

2014-10-01

While the ``transport shortfall'' in the ``no-man's land'' has been observed often in delta-f codes, it has not yet been observed in the global total-f gyrokinetic particle code XGC1. Since understanding the interaction between the edge and core transport appears to be a critical element in the prediction for ITER performance, understanding the no-man's land issue is an important physics research topic. Simulation results using the Holland case will be presented and the physics causing the shortfall phenomenon will be discussed. Nonlinear nonlocal interaction of turbulence, secondary flows, and transport appears to be the key.

Development of Safety Analysis Code System of Beam Transport and Core for Accelerator Driven System

NASA Astrophysics Data System (ADS)

Aizawa, Naoto; Iwasaki, Tomohiko

2014-06-01

Safety analysis code system of beam transport and core for accelerator driven system (ADS) is developed for the analyses of beam transients such as the change of the shape and position of incident beam. The code system consists of the beam transport analysis part and the core analysis part. TRACE 3-D is employed in the beam transport analysis part, and the shape and incident position of beam at the target are calculated. In the core analysis part, the neutronics, thermo-hydraulics and cladding failure analyses are performed by the use of ADS dynamic calculation code ADSE on the basis of the external source database calculated by PHITS and the cross section database calculated by SRAC, and the programs of the cladding failure analysis for thermoelastic and creep. By the use of the code system, beam transient analyses are performed for the ADS proposed by Japan Atomic Energy Agency. As a result, the rapid increase of the cladding temperature happens and the plastic deformation is caused in several seconds. In addition, the cladding is evaluated to be failed by creep within a hundred seconds. These results have shown that the beam transients have caused a cladding failure.

Use of FEC coding to improve statistical multiplexing performance for video transport over ATM networks

NASA Astrophysics Data System (ADS)

Kurceren, Ragip; Modestino, James W.

1998-12-01

The use of forward error-control (FEC) coding, possibly in conjunction with ARQ techniques, has emerged as a promising approach for video transport over ATM networks for cell-loss recovery and/or bit error correction, such as might be required for wireless links. Although FEC provides cell-loss recovery capabilities it also introduces transmission overhead which can possibly cause additional cell losses. A methodology is described to maximize the number of video sources multiplexed at a given quality of service (QoS), measured in terms of decoded cell loss probability, using interlaced FEC codes. The transport channel is modelled as a block interference channel (BIC) and the multiplexer as single server, deterministic service, finite buffer supporting N users. Based upon an information-theoretic characterization of the BIC and large deviation bounds on the buffer overflow probability, the described methodology provides theoretically achievable upper limits on the number of sources multiplexed. Performance of specific coding techniques using interlaced nonbinary Reed-Solomon (RS) codes and binary rate-compatible punctured convolutional (RCPC) codes is illustrated.

Clean Energy in City Codes: A Baseline Analysis of Municipal Codification across the United States

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

Cook, Jeffrey J.; Aznar, Alexandra; Dane, Alexander

Municipal governments in the United States are well positioned to influence clean energy (energy efficiency and alternative energy) and transportation technology and strategy implementation within their jurisdictions through planning, programs, and codification. Municipal governments are leveraging planning processes and programs to shape their energy futures. There is limited understanding in the literature related to codification, the primary way that municipal governments enact enforceable policies. The authors fill the gap in the literature by documenting the status of municipal codification of clean energy and transportation across the United States. More directly, we leverage online databases of municipal codes to develop nationalmore » and state-specific representative samples of municipal governments by population size. Our analysis finds that municipal governments with the authority to set residential building energy codes within their jurisdictions frequently do so. In some cases, communities set codes higher than their respective state governments. Examination of codes across the nation indicates that municipal governments are employing their code as a policy mechanism to address clean energy and transportation.« less

ITS Version 6 : the integrated TIGER series of coupled electron/photon Monte Carlo transport codes.

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

Franke, Brian Claude; Kensek, Ronald Patrick; Laub, Thomas William

2008-04-01

ITS is a powerful and user-friendly software package permitting state-of-the-art Monte Carlo solution of lineartime-independent coupled electron/photon radiation transport problems, with or without the presence of macroscopic electric and magnetic fields of arbitrary spatial dependence. Our goal has been to simultaneously maximize operational simplicity and physical accuracy. Through a set of preprocessor directives, the user selects one of the many ITS codes. The ease with which the makefile system is applied combines with an input scheme based on order-independent descriptive keywords that makes maximum use of defaults and internal error checking to provide experimentalists and theorists alike with a methodmore » for the routine but rigorous solution of sophisticated radiation transport problems. Physical rigor is provided by employing accurate cross sections, sampling distributions, and physical models for describing the production and transport of the electron/photon cascade from 1.0 GeV down to 1.0 keV. The availability of source code permits the more sophisticated user to tailor the codes to specific applications and to extend the capabilities of the codes to more complex applications. Version 6, the latest version of ITS, contains (1) improvements to the ITS 5.0 codes, and (2) conversion to Fortran 90. The general user friendliness of the software has been enhanced through memory allocation to reduce the need for users to modify and recompile the code.« less

Path Toward a Unifid Geometry for Radiation Transport

NASA Technical Reports Server (NTRS)

Lee, Kerry; Barzilla, Janet; Davis, Andrew; Zachmann

2014-01-01

The Direct Accelerated Geometry for Radiation Analysis and Design (DAGRAD) element of the RadWorks Project under Advanced Exploration Systems (AES) within the Space Technology Mission Directorate (STMD) of NASA will enable new designs and concepts of operation for radiation risk assessment, mitigation and protection. This element is designed to produce a solution that will allow NASA to calculate the transport of space radiation through complex computer-aided design (CAD) models using the state-of-the-art analytic and Monte Carlo radiation transport codes. Due to the inherent hazard of astronaut and spacecraft exposure to ionizing radiation in low-Earth orbit (LEO) or in deep space, risk analyses must be performed for all crew vehicles and habitats. Incorporating these analyses into the design process can minimize the mass needed solely for radiation protection. Transport of the radiation fields as they pass through shielding and body materials can be simulated using Monte Carlo techniques or described by the Boltzmann equation, which is obtained by balancing changes in particle fluxes as they traverse a small volume of material with the gains and losses caused by atomic and nuclear collisions. Deterministic codes that solve the Boltzmann transport equation, such as HZETRN [high charge and energy transport code developed by NASA Langley Research Center (LaRC)], are generally computationally faster than Monte Carlo codes such as FLUKA, GEANT4, MCNP(X) or PHITS; however, they are currently limited to transport in one dimension, which poorly represents the secondary light ion and neutron radiation fields. NASA currently uses HZETRN space radiation transport software, both because it is computationally efficient and because proven methods have been developed for using this software to analyze complex geometries. Although Monte Carlo codes describe the relevant physics in a fully three-dimensional manner, their computational costs have thus far prevented their widespread use for analysis of complex CAD models, leading to the creation and maintenance of toolkit-specific simplistic geometry models. The work presented here builds on the Direct Accelerated Geometry Monte Carlo (DAGMC) toolkit developed for use with the Monte Carlo N-Particle (MCNP) transport code. The workflow for achieving radiation transport on CAD models using MCNP and FLUKA has been demonstrated and the results of analyses on realistic spacecraft/habitats will be presented. Future work is planned that will further automate this process and enable the use of multiple radiation transport codes on identical geometry models imported from CAD. This effort will enhance the modeling tools used by NASA to accurately evaluate the astronaut space radiation risk and accurately determine the protection provided by as-designed exploration mission vehicles and habitats

Boltzmann Transport Code Update: Parallelization and Integrated Design Updates

NASA Technical Reports Server (NTRS)

Heinbockel, J. H.; Nealy, J. E.; DeAngelis, G.; Feldman, G. A.; Chokshi, S.

2003-01-01

The on going efforts at developing a web site for radiation analysis is expected to result in an increased usage of the High Charge and Energy Transport Code HZETRN. It would be nice to be able to do the requested calculations quickly and efficiently. Therefore the question arose, "Could the implementation of parallel processing speed up the calculations required?" To answer this question two modifications of the HZETRN computer code were created. The first modification selected the shield material of Al(2219) , then polyethylene and then Al(2219). The modified Fortran code was labeled 1SSTRN.F. The second modification considered the shield material of CO2 and Martian regolith. This modified Fortran code was labeled MARSTRN.F.

TRANSP: status and planning

NASA Astrophysics Data System (ADS)

Andre, R.; Carlsson, J.; Gorelenkova, M.; Jardin, S.; Kaye, S.; Poli, F.; Yuan, X.

2016-10-01

TRANSP is an integrated interpretive and predictive transport analysis tool that incorporates state of the art heating/current drive sources and transport models. The treatments and transport solvers are becoming increasingly sophisticated and comprehensive. For instance, the ISOLVER component provides a free boundary equilibrium solution, while the PT- SOLVER transport solver is especially suited for stiff transport models such as TGLF. TRANSP incorporates high fidelity heating and current drive source models, such as NUBEAM for neutral beam injection, the beam tracing code TORBEAM for EC, TORIC for ICRF, the ray tracing TORAY and GENRAY for EC. The implementation of selected components makes efficient use of MPI for speed up of code calculations. Recently the GENRAY-CQL3D solver for modeling of LH heating and current drive has been implemented and currently being extended to multiple antennas, to allow modeling of EAST discharges. Also, GENRAY+CQL3D is being extended to the use of EC/EBW and of HHFW for NSTX-U. This poster will describe present uses of the code worldwide, as well as plans for upgrading the physics modules and code framework. Work supported by the US Department of Energy under DE-AC02-CH0911466.

BRYNTRN: A baryon transport model

NASA Technical Reports Server (NTRS)

Wilson, John W.; Townsend, Lawrence W.; Nealy, John E.; Chun, Sang Y.; Hong, B. S.; Buck, Warren W.; Lamkin, S. L.; Ganapol, Barry D.; Khan, Ferdous; Cucinotta, Francis A.

1989-01-01

The development of an interaction data base and a numerical solution to the transport of baryons through an arbitrary shield material based on a straight ahead approximation of the Boltzmann equation are described. The code is most accurate for continuous energy boundary values, but gives reasonable results for discrete spectra at the boundary using even a relatively coarse energy grid (30 points) and large spatial increments (1 cm in H2O). The resulting computer code is self-contained, efficient and ready to use. The code requires only a very small fraction of the computer resources required for Monte Carlo codes.

ecode - Electron Transport Algorithm Testing v. 1.0

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

Franke, Brian C.; Olson, Aaron J.; Bruss, Donald Eugene

2016-10-05

ecode is a Monte Carlo code used for testing algorithms related to electron transport. The code can read basic physics parameters, such as energy-dependent stopping powers and screening parameters. The code permits simple planar geometries of slabs or cubes. Parallelization consists of domain replication, with work distributed at the start of the calculation and statistical results gathered at the end of the calculation. Some basic routines (such as input parsing, random number generation, and statistics processing) are shared with the Integrated Tiger Series codes. A variety of algorithms for uncertainty propagation are incorporated based on the stochastic collocation and stochasticmore » Galerkin methods. These permit uncertainty only in the total and angular scattering cross sections. The code contains algorithms for simulating stochastic mixtures of two materials. The physics is approximate, ranging from mono-energetic and isotropic scattering to screened Rutherford angular scattering and Rutherford energy-loss scattering (simple electron transport models). No production of secondary particles is implemented, and no photon physics is implemented.« less

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

Differential Cross Section Kinematics for 3-dimensional Transport Codes

NASA Technical Reports Server (NTRS)

Norbury, John W.; Dick, Frank

2008-01-01

In support of the development of 3-dimensional transport codes, this paper derives the relevant relativistic particle kinematic theory. Formulas are given for invariant, spectral and angular distributions in both the lab (spacecraft) and center of momentum frames, for collisions involving 2, 3 and n - body final states.

49 CFR 171.25 - Additional requirements for the use of the IMDG Code.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 176 of this subchapter. (3) Packages containing primary lithium batteries and cells that are transported in accordance with Special Provision 188 of the IMDG Code must be marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES—FORBIDDEN FOR...

49 CFR 171.25 - Additional requirements for the use of the IMDG Code.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 176 of this subchapter. (3) Packages containing primary lithium batteries and cells that are transported in accordance with Special Provision 188 of the IMDG Code must be marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES—FORBIDDEN FOR...

49 CFR 171.25 - Additional requirements for the use of the IMDG Code.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 176 of this subchapter. (3) Packages containing primary lithium batteries and cells that are transported in accordance with Special Provision 188 of the IMDG Code must be marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES—FORBIDDEN FOR...

Nonperturbative methods in HZE ion transport

NASA Technical Reports Server (NTRS)

Wilson, John W.; Badavi, Francis F.; Costen, Robert C.; Shinn, Judy L.

1993-01-01

A nonperturbative analytic solution of the high charge and energy (HZE) Green's function is used to implement a computer code for laboratory ion beam transport. The code is established to operate on the Langley Research Center nuclear fragmentation model used in engineering applications. Computational procedures are established to generate linear energy transfer (LET) distributions for a specified ion beam and target for comparison with experimental measurements. The code is highly efficient and compares well with the perturbation approximations.

Suite of Benchmark Tests to Conduct Mesh-Convergence Analysis of Nonlinear and Non-constant Coefficient Transport Codes

NASA Astrophysics Data System (ADS)

Zamani, K.; Bombardelli, F. A.

2014-12-01

Verification of geophysics codes is imperative to avoid serious academic as well as practical consequences. In case that access to any given source code is not possible, the Method of Manufactured Solution (MMS) cannot be employed in code verification. In contrast, employing the Method of Exact Solution (MES) has several practical advantages. In this research, we first provide four new one-dimensional analytical solutions designed for code verification; these solutions are able to uncover the particular imperfections of the Advection-diffusion-reaction equation, such as nonlinear advection, diffusion or source terms, as well as non-constant coefficient equations. After that, we provide a solution of Burgers' equation in a novel setup. Proposed solutions satisfy the continuity of mass for the ambient flow, which is a crucial factor for coupled hydrodynamics-transport solvers. Then, we use the derived analytical solutions for code verification. To clarify gray-literature issues in the verification of transport codes, we designed a comprehensive test suite to uncover any imperfection in transport solvers via a hierarchical increase in the level of tests' complexity. The test suite includes hundreds of unit tests and system tests to check vis-a-vis the portions of the code. Examples for checking the suite start by testing a simple case of unidirectional advection; then, bidirectional advection and tidal flow and build up to nonlinear cases. We design tests to check nonlinearity in velocity, dispersivity and reactions. The concealing effect of scales (Peclet and Damkohler numbers) on the mesh-convergence study and appropriate remedies are also discussed. For the cases in which the appropriate benchmarks for mesh convergence study are not available, we utilize symmetry. Auxiliary subroutines for automation of the test suite and report generation are designed. All in all, the test package is not only a robust tool for code verification but it also provides comprehensive insight on the ADR solvers capabilities. Such information is essential for any rigorous computational modeling of ADR equation for surface/subsurface pollution transport. We also convey our experiences in finding several errors which were not detectable with routine verification techniques.

Integrated modelling framework for short pulse high energy density physics experiments

NASA Astrophysics Data System (ADS)

Sircombe, N. J.; Hughes, S. J.; Ramsay, M. G.

2016-03-01

Modelling experimental campaigns on the Orion laser at AWE, and developing a viable point-design for fast ignition (FI), calls for a multi-scale approach; a complete description of the problem would require an extensive range of physics which cannot realistically be included in a single code. For modelling the laser-plasma interaction (LPI) we need a fine mesh which can capture the dispersion of electromagnetic waves, and a kinetic model for each plasma species. In the dense material of the bulk target, away from the LPI region, collisional physics dominates. The transport of hot particles generated by the action of the laser is dependent on their slowing and stopping in the dense material and their need to draw a return current. These effects will heat the target, which in turn influences transport. On longer timescales, the hydrodynamic response of the target will begin to play a role as the pressure generated from isochoric heating begins to take effect. Recent effort at AWE [1] has focussed on the development of an integrated code suite based on: the particle in cell code EPOCH, to model LPI; the Monte-Carlo electron transport code THOR, to model the onward transport of hot electrons; and the radiation hydrodynamics code CORVUS, to model the hydrodynamic response of the target. We outline the methodology adopted, elucidate on the advantages of a robustly integrated code suite compared to a single code approach, demonstrate the integrated code suite's application to modelling the heating of buried layers on Orion, and assess the potential of such experiments for the validation of modelling capability in advance of more ambitious HEDP experiments, as a step towards a predictive modelling capability for FI.

Muon simulation codes MUSIC and MUSUN for underground physics

NASA Astrophysics Data System (ADS)

Kudryavtsev, V. A.

2009-03-01

The paper describes two Monte Carlo codes dedicated to muon simulations: MUSIC (MUon SImulation Code) and MUSUN (MUon Simulations UNderground). MUSIC is a package for muon transport through matter. It is particularly useful for propagating muons through large thickness of rock or water, for instance from the surface down to underground/underwater laboratory. MUSUN is designed to use the results of muon transport through rock/water to generate muons in or around underground laboratory taking into account their energy spectrum and angular distribution.

Approximate Green's function methods for HZE transport in multilayered materials

NASA Technical Reports Server (NTRS)

Wilson, John W.; Badavi, Francis F.; Shinn, Judy L.; Costen, Robert C.

1993-01-01

A nonperturbative analytic solution of the high charge and energy (HZE) Green's function is used to implement a computer code for laboratory ion beam transport in multilayered materials. The code is established to operate on the Langley nuclear fragmentation model used in engineering applications. Computational procedures are established to generate linear energy transfer (LET) distributions for a specified ion beam and target for comparison with experimental measurements. The code was found to be highly efficient and compared well with the perturbation approximation.

TEMPEST code simulations of hydrogen distribution in reactor containment structures. Final report

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

Trent, D.S.; Eyler, L.L.

The mass transport version of the TEMPEST computer code was used to simulate hydrogen distribution in geometric configurations relevant to reactor containment structures. Predicted results of Battelle-Frankfurt hydrogen distribution tests 1 to 6, and 12 are presented. Agreement between predictions and experimental data is good. Best agreement is obtained using the k-epsilon turbulence model in TEMPEST in flow cases where turbulent diffusion and stable stratification are dominant mechanisms affecting transport. The code's general analysis capabilities are summarized.

Nursing Home Litigation and Tort Reform: A Case for Exceptionalism

ERIC Educational Resources Information Center

Studdert, David M.; Stevenson, David G.

2004-01-01

The medical malpractice crisis that is currently spreading across the United States bears many similarities to earlier crises. One novel aspect of the current crisis is the explicit inclusion of litigation against nursing homes as a target of reform. Encouraged by the nursing home industry, policymakers are considering the extension of…

Tort Liability in the Classroom, the Science Lab, and on the Playground.

ERIC Educational Resources Information Center

DeMitchell, Todd A.

1998-01-01

As a case involving forgotten goggles shows, negligence lawsuits take a damaging toll in terms of money, time, emotion, and self-worth. Educators' best defense is consistently discharging their duties to students in a reasonable, prudent manner. Science teachers should secure all dangerous chemicals, provide adequate supervision, develop proper…

Law 302.

ERIC Educational Resources Information Center

Manitoba Dept. of Education, Winnipeg.

This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

32 CFR 536.15 - Claims policies.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Command Claims Service or an ACO, including those which occur in the area of responsibility of a CPO. On... promptly with maximum use of small claims procedures. (2) Consideration under all subparts. Prior to denial... claim is presented. A claim presented as a personnel claim will be considered as a tort prior to denial...

32 CFR 536.15 - Claims policies.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Command Claims Service or an ACO, including those which occur in the area of responsibility of a CPO. On... promptly with maximum use of small claims procedures. (2) Consideration under all subparts. Prior to denial... claim is presented. A claim presented as a personnel claim will be considered as a tort prior to denial...

31 CFR 3.3 - Legal review.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

31 CFR 3.3 - Legal review.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 31 Money and Finance: Treasury 1 2012-07-01 2012-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

31 CFR 3.3 - Legal review.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

31 CFR 3.3 - Legal review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

31 CFR 3.3 - Legal review.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

76 FR 10825 - Federal Tort Claims Act (FTCA) Medical Malpractice Program Regulations: Clarification of FTCA...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-02-28

... Care, Health Resources and Services Administration, U.S. Department of Health and Human Services, 5600... INFORMATION CONTACT: Suma Nair, Director, Office of Quality and Data, Bureau of Primary Health Care, Health... current routine practice. List of Subjects in 42 CFR Part 6 Emergency medical services, Health care...

77 FR 39567 - Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-07-03

... pressure and flattening testing. 49 CFR 178.65. Subsection 178.65(i) provides that the cylinder must be... acts as a consultant), and the Gases and Welding Distributors Association, Inc. (GAWDA).\\4\\ \\4\\ GAWDA..., inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging...

77 FR 22204 - Administrative Claims Under the Federal Tort Claims Act and Related Statutes

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-13

...) since the last time the regulations were updated. These regulations are being amended to reflect those... rule. All interested parties should comment at this time because we will not initiate an additional... Job Corps activity; (3) They are in authorized travel status; or (4) They are engaged in any...

34 CFR 35.4 - Administrative claim; evidence and information to be submitted.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Administrative claim; evidence and information to be submitted. 35.4 Section 35.4 Education Office of the Secretary, Department of Education TORT CLAIMS AGAINST... bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such...

34 CFR 35.4 - Administrative claim; evidence and information to be submitted.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 34 Education 1 2011-07-01 2011-07-01 false Administrative claim; evidence and information to be submitted. 35.4 Section 35.4 Education Office of the Secretary, Department of Education TORT CLAIMS AGAINST... bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such...

Legal Problems of Religious and Private Schools. Fourth Edition. Monograph Series, No. 65.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

This book addresses the legal problems faced by nonpublic schools. It is intended to help teachers and administrators recognize potential legal difficulties and to assist educators in developing preventive strategies to resolve problems before the legal system becomes involved. The text is divided into six chapters: (1) "Tort Liability";…

12 CFR 7.4009 - Applicability of state law to national bank operations.

Code of Federal Regulations, 2010 CFR

2010-01-01

... operations. (a) Authority of national banks. A national bank may exercise all powers authorized to it under... laws that obstruct, impair, or condition a national bank's ability to fully exercise its powers to... they only incidentally affect the exercise of national bank powers: (i) Contracts; (ii) Torts; (iii...

Governing Board and Administrator Liability. ERIC/Higher Education Research Report No. 9.

ERIC Educational Resources Information Center

Hendrickson, Robert M.; Mangum, Ronald Scott

Matters of legal liability that are of concern to institutions of higher education are discussed in some detail in language for the layman. Among the subjects discussed are: the development of charitable corporations, and immunity prerogatives; the traditional bases of legal liability; liability for the new torts, including violation of…

The Polygraph and the Privacy Tort.

ERIC Educational Resources Information Center

Barbour, Alton

This paper provides examples of polygraph misuses; details the increasing use of the polygraph inside and outside of law enforcement; explains what a polygraph is, what a typical polygraph test might consist of and its weaknesses in the detection of truth; and analyzes the available research with specific reference to the validity and reliability…

45 CFR 2544.110 - What definitions apply to terms used in this part?

Code of Federal Regulations, 2014 CFR

2014-10-01

... request for a donation. (c) Volunteer means an individual who donates his/her personal service to the... compensation and Federal employee benefits, except that— (1) Volunteers will be considered Federal employees for the purpose of the tort claims provisions of 28 U.S.C. chapter 171; (2) Volunteers will be...

45 CFR 2544.110 - What definitions apply to terms used in this part?

Code of Federal Regulations, 2013 CFR

2013-10-01

... request for a donation. (c) Volunteer means an individual who donates his/her personal service to the... compensation and Federal employee benefits, except that— (1) Volunteers will be considered Federal employees for the purpose of the tort claims provisions of 28 U.S.C. chapter 171; (2) Volunteers will be...

45 CFR 2544.110 - What definitions apply to terms used in this part?

Code of Federal Regulations, 2012 CFR

2012-10-01

... request for a donation. (c) Volunteer means an individual who donates his/her personal service to the... compensation and Federal employee benefits, except that— (1) Volunteers will be considered Federal employees for the purpose of the tort claims provisions of 28 U.S.C. chapter 171; (2) Volunteers will be...

45 CFR 2544.110 - What definitions apply to terms used in this part?

Code of Federal Regulations, 2011 CFR

2011-10-01

... request for a donation. (c) Volunteer means an individual who donates his/her personal service to the... compensation and Federal employee benefits, except that— (1) Volunteers will be considered Federal employees for the purpose of the tort claims provisions of 28 U.S.C. chapter 171; (2) Volunteers will be...

25 CFR 900.191 - Are employees of self-determination contractors providing health services under the self...

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 2 2014-04-01 2014-04-01 false Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? 900.191 Section 900.191 Indians... HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Federal Tort...

25 CFR 900.191 - Are employees of self-determination contractors providing health services under the self...

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? 900.191 Section 900.191 Indians... HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Federal Tort...

25 CFR 900.191 - Are employees of self-determination contractors providing health services under the self...

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 2 2012-04-01 2012-04-01 false Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? 900.191 Section 900.191 Indians... HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Federal Tort...

25 CFR 900.191 - Are employees of self-determination contractors providing health services under the self...

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 2 2011-04-01 2011-04-01 false Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? 900.191 Section 900.191 Indians... HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Federal Tort...

25 CFR 900.191 - Are employees of self-determination contractors providing health services under the self...

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 2 2013-04-01 2013-04-01 false Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? 900.191 Section 900.191 Indians... HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Federal Tort...

Tort Liability and Risk Management in Adventure Education.

ERIC Educational Resources Information Center

Rubendall, Robert L., Jr.

On the premise that the benefits of adventure education far outweigh risks in any well managed program, this document provides such programs, which stand on relatively untested ground in the eye of the law in this litigious society, with strategies for reduction of risk by controlling the nature and frequency of accidents. The first section…

13 CFR 114.104 - What evidence and information may SBA require relating to my claim?

Code of Federal Regulations, 2010 CFR

2010-01-01

... BUSINESS ADMINISTRATION ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND... relevant to the government's alleged liability or the damages you claim. (c) For a claim based on death: (1) An authenticated death certificate or other competent evidence showing cause of death, date of death...

Selected Legal Issues in Catholic Schools.

ERIC Educational Resources Information Center

Shaughnessy, Mary Angela

This book examines legal issues that affect Catholic high schools. Chapter 1 discusses sources of the law and how fairness and due process, federal and state statutes, and various guidelines shape the law. Tort law, corporal punishment, search and seizure, defamation of character, and negligence are covered in chapter 2. Chapter 3 details issues…

Educational Malpractice in Britain.

ERIC Educational Resources Information Center

Khan, Anwar

1996-01-01

The English Court of Appeal found it difficult to establish standards of teachers' duty of care to establish the new tort of educational malpractice. However, the Court recently decided that claims based in negligence and alleging a failure on the part of teachers to identify and respond to the needs of certain learning-disabled students were not…

10 CFR 1014.10 - Action on approved claims.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 4 2011-01-01 2011-01-01 false Action on approved claims. 1014.10 Section 1014.10 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT § 1014.10 Action on approved claims. (a) Payment of any approved claim shall not be made unless the claimant...