Digital Commons Network^™

Environmental Influences On Elite Sport Athletes Well Being: From Gold, Silver, And Bronze To Blue Green And Gold, Aoife Donnelly, Tadhg Macintyre, Nollaig O'Sullivan, Giles Warrington, Andrew Harrison, Eric Igou, Marc Jones, Chris Gidlow, Noel Brick, Ian Lahart, Andrew Lane

Articles

This paper considers the environmental impact on well-being and performance in elite athletes during Olympic competition. The benefits of exercising in natural environments are recognized, but less is known about the effects on performance and health in elite athletes. Although some Olympic events take place in natural environments, the majority occur in the host city, usually a large densely populated area where low exposure to natural environments is compounded by exposure to high levels of air, water, and noise pollution in the ambient environment. By combining methods and expertise from diverse but inter-related disciplines including environmental psychology, exercise physiology, biomechanics, …

Human Factors Issues And The Risk Of High Voltage Equipment: Are Standards Sufficient To Ensure Safety By Design?, Maria Chiara Leva, Roberta Pirani, Micaela De Michela, Luke Clancy

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High voltage equipment is mostly designed according to technically prescriptive standards requirements based on electrical engineering safety principles. However a more risk-based approach to standards and regulation may be advisable to enable designer and user to take an active role in establishing that their installation is inherently safe. The use of Gas Insulated Switchgear (GIS) for instance is enabling the new substation to be housed indoors and condensed into around one quarter of the space. The manufacturers argue that design improvements in GIS make it virtually “maintenance free”, comply with all the relevant standards. However some of these improvements have …

Human Factors At The Core Of Total Safety Management: The Need To Establish A Common Operational Picture, Maria Chiara Leva, Tom Kontogiannis, Nora Balfe, Micaela Demichela, Emmanuel Plot

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The Total Operations Management for Safety Critical Activities (TOSCA) project is aimed at developing a safety management framework that integrates best practices, tools and methods for functional analysis, risk assessment, interactive emergency scenarios analysis, performance monitoring, design review, training and knowledge management. The TOSCA approach is described by a T-model based around a central ‘Common Operational Picture’ (COP) that holds information regarding the operational system, and is used to support risk assessment and management. The information held in the COP may be represented in different ways but should be accessible to all stakeholders in order to analyse and communicate risk, …

The Duty Of Care Of Bank Directors And Officers Bank Director And Officer Responsibilities Conference, Julie Andersen Hill, Douglas K. Moll

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In the aftermath of the 2008 financial crisis, the Federal Deposit Insurance Corporation (FDIC) brought numerous lawsuits against directors and officers offailed banks asserting that they had breached their fiduciary duty of care. Under state corporate law, duty of care claims arise in different contexts, and courts often apply different standards of liability depending upon the context of the claim. In the banking setting, the standard of liability for breach of the duty of care is governed by the federal statute FIRREA and the Supreme Court's decision in Atherton v. FDIC. In Atherton, the Court held that FIRREA allows the …

Agora, Dignity, And Discrimination: On The Constitutional Shortcomings Of Conscience Laws That Promote Inequality In The Public Marketplace Symposium: Law And Religion In An Increasingly Polarized America, Ronald J. Krotoszynski Jr.

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No abstract provided.

Privacy, Public Disclosure, Police Body Cameras: Policy Splits, Mary D. Fan

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When you call the police for help—or someone calls the police on you—do you bear the risk that your worst moments will be posted on YouTube for public viewing? Police officers enter some of the most intimate incidences of our lives—after an assault, when we are drunk and disorderly, when someone we love dies in an accident, when we are distraught, enraged, fighting, and more. As police officers around the nation begin wearing body cameras in response to calls for greater transparency, communities are wrestling with how to balance privacy with public disclosure.

This Article sheds light on the balances …

Regulating Unicorns: Disclosure And The New Private Economy, Jennifer S. Fan

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“Unicorns” are private companies with valuations of a billion dollars or more. As their name indicates, unicorns were originally so rare as to be almost mythical. But Uber and other technology companies have ushered in a new era: we now have a blessing of unicorns, each one of which has the potential to transform financial and cultural norms.

Yet from a legal perspective, these behemoths are regulated just like their much smaller, non-mythical counterparts. Unicorns’ dizzying valuations have not been matched with any expansion or recalibration of regulation. As a result, vital information about these companies remains secret, perhaps for …

Using Architecture Design Studio Pedagogies To Enhance Engineering Education, Shannon Chance, John Marshall, Gavin Duffy

Articles

Problem-Based Learning pedagogies that require high levels of inquiry and hands-on engagement can enhance student learning in engineering. Such pedagogies lie at the core of studio-based design education, having been used to teach architects since the Renaissance. Today, design assignments and studio-based learning formats are finding their way into engineering programs, often as part of larger movements to implement Student-Centered, Problem-Based Learning (PBL) pedagogies. This spectrum of pedagogies is mutually supportive, as illustrated in the University of Michigan’s SmartSurfaces course where students majoring in engineering, art and design, and architecture collaborate on wickedly complex and ill-defined design problems. In SmartSurfaces …

Use Of A Web-Based Dietary Assessment Tool In Early Pregnancy, Laura Mullaney, Amy C. O'Higgins, Shona Cawley, R. Kennedy, Daniel Mccartney, M.J. Turner

Articles

Background Maternal diet is critical to fetal development and lifelong health outcomes. In this context, dietary quality indices in pregnancy should be explicitly underpinned by data correlating food intake patterns with nutrient intakes known to be important for gestation.

Aims Our aim was to assess the correlation between dietary quality scores derived from a novel online dietary assessment tool (DAT) and nutrient intake data derived from the previously validated Willett Food Frequency Questionnaire (WFFQ).

Methods 524 women completed the validated semiquantitive WFFQ and online DAT questionnaire in their first trimester. Spearman correlation and Kruskal–Wallis tests were used to test associations …

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Yotam Kaplan

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No abstract provided.

The Neural Dynamics Of Somatosensory Processing And Adaptation Across Childhood: A High-Density Electrical Mapping Study, Neha Uppal, John J. Foxe, John Butler, Frantzy Acluche, Sophie Molholm

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Young children are often hyperreactive to somatosensory inputs hardly noticed by adults, as exemplified by irritation to seams or labels in clothing. The neurodevelopmental mechanisms underlying changes in sensory reactivity are not well understood. Based on the idea that neurodevelopmental changes in somatosensory processing and/or changes in sensory adaptation might underlie developmental differences in somatosensory reactivity, high-density electroencephalography was used to examine how the nervous system responds and adapts to repeated vibrotactile stimulation over childhood. Participants aged 6–18 yr old were presented with 50-ms vibrotactile stimuli to the right wrist over the median nerve at 5 blocked interstimulus intervals (ranging …

Energy-Saving Occupant Behaviour In Offices: Change Strategies, Mark Mulville, Keith Jones, Gesche Huebner, Joanne Powell-Grieg

Articles

As regulated energy consumption in buildings is reduced, the proportional importance of unregulated energy consumption increases. Reducing unregulated energy use in the commercial office requires an understanding of the factors that influence workplace behaviour. To date these factors have been assumed to be similar to those that influence behaviour in the home. However, the social dynamics of the workplace are different to those in the home. This study examines the degree to which theories of behaviour change generated largely in a domestic building setting could be used as the basis for designing interventions to reduce unregulated energy consumption in the …

Strategy/Enterprise Discourse Bounds In Business Talk., Brendan O'Rourke

Articles

Corporate strategy emerged as large non-owner managed firms became economically important (Knights and Morgan, 1991). Strategy became the substitute for the earlier enterprise discourse, which depended on the dominance, in entrepreneurial capitalism, of owner-managed firms. The discourses of strategy and enterprise developed as separate academic areas and as logics of two very different economic domains. From the late 1970s however, large organizations (Kanter, 1983:27) and governments have been urged to be more entrepreneurial (Klein et al., 2010; Osborne and Gaebler, 1993). Meanwhile, small firms were encouraged to be more strategic (Carr, 2000). This article looks at evidence from small …

Bind Me More Tightly Still: Voluntary Restraint Against Gun Suicide, Angela Selvaggio, Fredrick E. Vars

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No abstract provided.

Energy Partisanship, Hari M. Osofsky, Jacqueline Peel

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Whether the topic is the Paris Agreement on climate change, greenhouse gas emissions from power plants, the Keystone XL pipeline, hydraulic fracturing, offshore drilling, or renewable energy, much of the U.S. policy dialogue about energy and climate change is deeply partisan. Republicans and Democrats debate individual issues in vitriolic sound bites that indicate minimal common ground. For example, officials favoring robust action on climate change are charged with engaging in a “War on Coal.” Those opposed are labeled “members of the Flat Earth Society.” Set against these dysfunctional climate and energy politics, how can progress be made? For people who …

Differential Response: Misrepresentation Of Cps Investigation And Case Fact Finding, Frank E. Vandervort, Ronald C. Hughes

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Traditionally, a host of necessary case fact-finding responsibilities and activities has been used by public Child Protective Services (CPS) agencies to ensure that they can achieve mandates to protect children from maltreatment as well as to strengthen and preserve the families of atrisk children. The primary CPS case fact-finding activities include risk assessment, investigation (both CPS and forensic), and family assessment. Information collected while engaged in any one of these three activities will often be relevant and important to the others. However, each case fact-finding activity also requires specific inquiry to elicit information that is essential to achieve its distinct …

Corporate Intent And Corporate Crime: A Matter Of Inference, Caroline Bradley

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No abstract provided.

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

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Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-citizens and noncitizens-who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and class critiques of the U.S. criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided …

Post-Crisis Legal Education: Some Premature Thoughts, David Yellen

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No abstract provided.

Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack

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No abstract provided.

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington

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No abstract provided.

Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello

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No abstract provided.

Antitrust In Zero-Price Markets: Applications, John M. Newman

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"Free" products have exploded in popularity along with widespread Internet adoption-but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of antitrust law. But despite the critical role that such markets now play in modern economies, the antitrust enterprise has largely failed to account for their unique attributes.

In response, this Article undertakes two primary tasks. The first is to address particular areas of current antitrust doctrine that require revision or reinterpretation in the face of zero prices. Topics addressed include …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Men, Women, And Optimal Violence, Mary Anne Franks

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While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …

Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave

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This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …

Risky Ip, Andres Sawicki

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No abstract provided.

Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker

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No abstract provided.

We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

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No abstract provided.

The Challenges Of Leading Change In Health-Care Delivery From The Frontline, Vivienne Byers

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Aim: The public sector is facing turbulent times and this challenges nurses, who are expected to serve both patient interests and the efficiency drives of their organisations. In the context of implementing person-centred health policy, this paper explores the evolving role of front-line nurses as leaders and champions of change.

Background: Nurses can be seen to have some autonomy in health-care delivery. However, they are subject to systems of social control. In implementing person- centred policy, nurses can be seen to be doing the best they can within a constrained environment.

Method: A survey of nursing practice in person-centred health-policy …