Digital Commons Network^™

A Moving Bar Approach To Assessing The Admissibility Of Expert Causation Testimony, Aaron Katz

Cleveland State Law Review

This Article argues that the Supreme Court's decisions in Daubert and Joiner imply an approach to the reliability, and hence admissibility, of causation experts that conflicts with the way in which courts traditionally had determined whether to allow the jury to speculate on uncertain causation-in-fact questions. Largely moving past the debate of whether Daubert and Joiner set the admissibility bar too high or low, the Article instead criticizes the decisions on the ground that they suggest that the height of the reliability bar is static and should not be adjusted depending upon the circumstances of the defendant's possibly injurious conduct. …

Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes

Cleveland State Law Review

This Note consists of five Parts. Part II traces the historical development of state judicial elections from the perspective of the Framers' doctrine of separation of powers. It shows that judicial elections were borne more of historical contingency than constitutional design. Part II then assesses the recent history of elections to the Ohio Supreme Court. It determines that Ohio's judicial elections share two problems with many other states: millions of dollars given to judicial candidates by special interests likely to appear before the court, and candidates' broad freedom of speech to earn the political and financial support of these special …

Policentrism, Political Moblization, And The Promise Of Socioeconomic Rights, Brian E. Ray

Law Faculty Articles and Essays

There is an active and heated debate over whether socioeconomic rights should be included in modern constitutions because of their supposed "positive" character and the difficult separation-of-powers and institutional-competence concerns such rights raise. The controversy over the nature of socioeconomic rights and whether constitutions should include them is connected to the issue of how to enforce these rights when they are included. The South African Constitutional Court is the leading example of a court dealing with these enforcement issues, and its early decisions have been hailed by many, including Mark Tushnet and Cass Sunstein, as developing a uniquely effective approach …

Application Of Discrete-Event Simulation In Health Care: A Review, Michael Thorwarth, Amr Arisha

Reports

The acceptance of applying process simulation in health care has significantly increased during the last decade, leading to an increase of publication in this area. Health care managers and researchers that are attracted by the idea of applying simulation in their field, desire to view methodologies and results of different simulation projects, yet may be overstrained by the large volume of the diverse literature. Thus, this paper, structured as a quick reference guide, presents a comprehensive review of process simulation applications in healthcare areas, which summarises projects applied in health care facilities like hospitals, emergency departments, intensive care units, surgical …

A Generic Approach To Computer-Based Clinical Practice Guideling Management Using The Eca Rule Paradigm And Active Databases, Bing Wu, Kudakwashe Dube

Articles

The increasing demand for reduced cost and improved quality of service in healthcare has prompted the call for better management of medical knowledge. The main emphasis has been on knowledge that is acquired through experience and medical research and then formalised into Clinical Practice Guidelines (CPGs). This paper presents a generic approach to CPG information and knowledge management that uses the Event-Condition-Action (ECA) rule paradigm and active databases within a unified management framework. The paper focuses on an approach for facilitating the use and management of CPGs by clinicians through delivering the CPGs at the point-of-care by a computerised mechanism.

Convergence In Human Dialogues Time Series Analysis Of Acoustic Feature, Spyros Kousidis, David Dorran, Ciaran Mcdonnell, Eugene Coyle

Conference papers

Convergence of acoustic/prosodic (a/p) features between two speakers is a well-known property of human dialogue. It has been suggested that this particular aspect of human interaction should be implemented in spoken dialogue systems, so that they can be perceived as more “humanlike”. This paper presents a quantitative analysis method that can provide information required for modeling the phenomenon of convergence. The analysis is a combination of TAMA, a previously introduced data extraction method, and bivariate time series analysis. Results show significant correlation of a/p features between speaker dyads in the recorded dialogues analyzed, and indicate a significant,amount of feedback, which …

Monitoring Convergence Of Temporal Features In Spontaneous Dialogue Speech, Spyros Kousidis, David Dorran

Conference papers

This paper presents ongoing research on convergence of speech features in human dialogues, in view of simulating this behaviour in spoken dialogue systems. The TAMA method (time-aligned moving average), previously used on monitoring convergence of acoustic prosodic (a/p) features, is applied to temporal properties of speech (between-turn pauses and overlaps). The results are compared to those of an older study on the same features.

Proceedings Of The Iccbr 2009 Workshops, Sarah Jane Delany

Books/Book chapters

In 2009 the workshop programme includes four workshops, two of which are workshops in well recognised CBR research areas continuing the well established,successful workshops on Case-Based Reasoning in the Health Sciences and on Uncertainty, Knowledge Discovery and Similarity. There are also two new workshops which explore developing areas of CBR research, namely Reasoning from Experiences on the Web (WebCBR) and Case-Based Reasoning for Computer Games.

Exploring Early Childhood Education And Care Policy In Ireland: Critical Discourse Analysis As A Methodological Tool, Rachel Kiersey

Conference Papers

The Irish government have invested considerably in the broad early childhood education and care (ECEC) sector over the last decade. However, a distinction persists within Irish policy between childcare and early education, both structurally and conceptually. Early education frequently refers to intervention based pre-school services; conversely childcare frequently refers to the broad spectrum of care services for 0-12 year olds, from family based child care through to centre-based provision (Hayes & Bradley, 2006; NESF, 2005; OECD, 2004). As a result of this, ‘early childhood services in Ireland are fractured across the welfare (childcare) and educational (early education) domains and … …

Factors Associated With Breastfeeding Among A Sample Of Chinese Mothers Who Gave Birth In Ireland, Qianling Zhou, Katherine Younger, John Kearney

Conference Papers

Rationale & Objectives: The factors influencing breastfeeding rates are complex, and the socio-cultural environment has an important influence on how women choose to feed their infants. The present study sought to determine factors affecting breastfeeding practices of Chinese mothers who gave birth in Ireland. Materials & Methods: A cross-sectional survey (written in Chinese). Questionnaires were distributed to Chinese mothers in Chinese markets and language schools in Ireland. Results & Findings: Analyses was conducted on 236 completed questionnaires from Chinese mothers who had given birth in Ireland. Breastfeeding prevalence among the participants was 71%. Univariate analyses indicated that mothers who lived …

Perception Of Dietary Change And Attitudes Towards The Irish Diet Among Non-Nationals In Ireland., Qianling Zhou, Phensiri Asawasirisap, John Kearney

Conference Papers

Rationale & Objectives: Cross-cultural attitudes to diet differ significantly. This study examined attitudes towards the Irish diet and their perceived dietary change among a random sample of non-nationals living in Ireland. Materials & Methods: A self-administered cross-sectional survey was distributed to a randomly selected sample of English language students in Dublin. Results & Findings: 473 students from four geographical regions (Asia, Africa, South & Central American, and Europe) (response rate: 84%) completed the survey. Marked cultural differences between geographical regions were found with South & Central Americans being the most likely to indicate a decrease in fruit and vegetable intakes …

Breastfeeding Practices In China And Ireland: The Chinese Mothers In Ireland Survey., Qianling Zhou, Katherine Younger, John Kearney

Conference Papers

Rationale & Objectives: Migration to another country may contribute to some changes in breastfeeding practices. This study explored the breastfeeding practices of immigrant Chinese mothers in China and following migration to Ireland, where breastfeeding is far less prevalent (43% initiation).

Materials & Methods: A cross-sectional survey involving Chinese mothers who had given birth in Ireland (CMI) or in China (CMC).

Results & Findings: Analyses was conducted on 285 completed questionnaires. 72 % of the sample breastfed their infants with no differences between CMI (71%) and CMC (78%) (P>0.05). However, breastfeeding rates at three months (62%) and six months (32%) …

Work-Based Learning Symposium Proceedings 2009, Irene Sheridan, Margaret Linehan

Reports

Prof. Michael Ward Head,

Department of Food Business and Development,

University College Cork

I am honoured to have been invited to chair this morning’s session. My day job is here in UCC where I’m the Professor and Head of the Department of Food Business and Development and the Director of the Centre for Cooperative Studies. I’ve a particular interest in this work-based learning symposium because I, with my colleagues in both the department and the centre, have been involved in Work-Based Learning initiatives of various kinds over the years. So it is a great pleasure to be invited to chair …

Tril, A Functional Component Of The Tlr4 Signaling Complex, Highly Expressed In Brain, Susan Carpenter, Thaddeus Carlson, Jerome Dellacasagrande, Amaya Garcia, Sharon Gibbons, Paul J. Hertzog, Anthony Lyons, Lih-Ling Lin, Marina A Lynch, Tom P. Monie, Caroline Murphy, Katherine Seidl, Christine Anne Wells, Aisling Dunne, Luke O'Neill

Articles

TLR4 is the primary sensor of LPS. In this study, we describe for the first time TLR4 interactor with leucine-rich repeats (TRIL), which is a novel component of the TLR4 complex. TRIL is expressed in a number of tissues, most prominently in the brain but also in the spinal cord, lung, kidney, and ovary. TRIL is composed of a signal sequence, 13 leucine-rich repeats, a fibronectin domain, and a single transmembrane spanning region. TRIL is induced by LPS in the human astrocytoma cell line U373, in murine brain following i.p. injection, and in human PBMC. Endogenous TRIL interacts with TLR4 …

A Mobile Ecg Monitoring System With Context Collection, Jin Peng Li, Damon Berry, Richard Hayes

Conference Papers

Preventative health management represents a shift from the traditional approach of reactive treatment-based healthcare towards a proactive wellness-management approach where patients are encouraged to stay healthy with expert support when they need it, at any location and any time. This work represents a step along the road towards proactive, preventative healthcare for cardiac patients. It seeks to develop a smart mobile ECG monitoring system that requests and records context information about what is happening around the subject when an arrhythmia event occurs. Context information about the subject’s activities of daily living will, it is hoped, provide an enriched data set …

Modeling And Calculation Of Electromagnetic Field In The Surroundings Of A Large Power Transformer, Leonardo Strac, Franjo Kelemen, Damir Zarko

Turkish Journal of Electrical Engineering and Computer Sciences

The presented study compares measured and calculated electromagnetic field quantities in the surroundings of a large power transformer with the aim to avoid the necessity of measuring the field on subsequent units and use a computer model instead. The influences of various objects located in the vicinity of the transformer during measurement are also analyzed and are taken into account in a computer model.

Highway Bridge Assessment For Dynamic Interaction With Critical Vehicles, Daniel Cantero, Eugene J. Obrien, Arturo González, Bernard Enright, Cillian Rowley

Conference papers

Dynamic vehicle-bridge interaction is often considered for the most common classes of vehicle such as the 5-axle articulated truck. However, the dynamic response of bridges to this type of trucks is quite different to the response to the vehicles more likely to feature in maximum-in-lifetime traffic loading events. This paper focuses on large (>100 tonne) cranes and crane-type vehicles that have been recorded at Weigh-in-Motion sites in Europe. This paper analyses the total bending moment due to these vehicles on short to medium span bridges and compare them to 5- axle articulated trucks. To account for the variability in …

A Little Of This, A Little Of That: Potential Effects On Entrepreneurship Of The Mccain And Obama Tax Proposals, Anthony J. Luppino

Faculty Works

No abstract provided.

Democratic Discussion, Kinder R. Donald, Don Herzog

Book Chapters

In this piece one of the country’s most accomplished survey researchers joins forces with a major democratic theorist (they happen to be colleagues at the same institution, the University of Michigan)—and together they try to reconcile what might seem irreconcilable: survey research findings about voter ignorance, on the one hand, with John Stuart Mill’s ideal of government by discussion, on the other. Read them carefully to ascertain the basis of reconciliation, for it is subtle: they extrapolate from John Dewey’s concept of “contingent social practices.” That is undoubtedly a mouthful, but it implies—as you will see—that the relative political sophistication …

Do International Organisations Play Favourites? An Impartialist Account, Steven Ratner

Book Chapters

The recent turn of politics and philosophy to serious appraisals of international law is welcome news for politics, ethics and law. Politics can offer us rich description of the international landscape – the actors and their policies, conflicts and approaches to overcoming them; and political and moral philosophy can produce reasoned prescription for devising a just world order. But international law is a critical bridge between them, for law, with its grounding in the institutional arrangements devised by global actors, provides a path to implementing theories of the right or of the good. Just as scholars of politics have realised …

Animals In The Classroom: Implications And Implementation, Christen Lynn Robinson

All Graduate Projects

The role of animals in the classroom through Animal Assisted Therapy is examined. The benefits and risks are outlined and discussed. Specific measures to decrease related risks are given. A look at Animal Assisted Therapy from the perspective of the animal itself is also explored. Does the practice exploit animals? The research suggests that it depends upon the type of animal used. A Power Point presentation explaining the benefits of Animal Assisted Therapy is provided. The target audience for the presentation is educators interested in implementing an Animal Assisted Therapy program within the school setting. The presentation clearly outlines the …

Sitka School District Kindergarten Literacy Curriculum Handbook, Jacqueline Elizabeth Hedrick

All Graduate Projects

The intent of this handbook is to provide support to a teacher and be used as a resource. This document is intended to guide a Baranof Elementary Kindergarten teacher, through the year, with the use of a theme document. However, the scope and sequence contains the skills and content that must be addressed by the end of the year. The literacy curriculum handbook was developed based on Froebel's kindergarten philosophy and Bruner's educational philosophy that early childhood education should be hands-on and developmentally appropriate. The handbook includes programs available to kindergarten teachers in Sitka, Alaska while continuing to be content-based, …

Targeting Tuberculars: Social Stigma And Public Health Campaigns, Filomeno V. Aguilar Jr

History Department Faculty Publications

In the fight against tuberculosis one major obstacle is the social stigma associated with the disease. Stigma, which is both relational and contextual, marks the body of the tubercular as a site of danger. This essay reflects on the social history of tuberculosis and proposes that stigma’s contingent history in the Philippines can be traced to public health campaigns carried out during the twentieth century, which sought to segregate and isolate the tubercular to limit contagion but could not provide an effective cure. The stigmatization of tuberculosis persists at present, and public health campaigns may need to address stigma directly.

A Compartmentalized Approach To The Assembly Of Physical Maps, Serdar Bozdag, Timothy J. Close, Stefano Lonardi

Mathematics, Statistics and Computer Science Faculty Research and Publications

Background: Physical maps have been historically one of the cornerstones of genome sequencing and map-based cloning strategies. They also support marker assisted breeding and EST mapping. The problem of building a high quality physical map is computationally challenging due to unavoidable noise in the input fingerprint data. Results: We propose a novel compartmentalized method for the assembly of high quality physical maps from fingerprinted clones. The knowledge of genetic markers enables us to group clones into clusters so that clones in the same cluster are more likely to overlap. For each cluster of clones, a local physical map is first …

New Legal Rights In The Legal System Of The United States Of America, Roberto Rosas, Bill Piatt

Faculty Articles

What new rights does the American legal system offer at the start of the 21st century? This article takes a snapshot of some of the most controversial topics in American society today and the juridical response to these topics by individual states, the United States Congress, and the United States Supreme Court. Although there are numerous legal topics that deserve mention and analysis, this article is limited to the discussion of 7 new rights created by state and federal laws. The new legal rights in the United States legal system discussed in this article include the following: 1) The right …

Educating Citizens Building Communities: Annual Membership Survey Results - Executive Summary, Campus Compact

Higher Education

Campus Compact conducts an annual survey of its member colleges and universities to—among other things—gauge student and faculty involvement in service and service-learning, assess institutional support and culture for service and service-learning, identify the types of courses and programs offered as well as the issues being addressed through service, and identify the nature of campus-community partnerships. This publication provides an executive summary of our major findings in 2009.

Community-Engaged Scholarship In Ffigher Education: An Expanding Experience, Judith A. Ramaley

Higher Education

Higher education in this country has always been expected to serve the public good. Sometimes, the emphasis is on preparing educated citizens or practitioners in especially critical fields and how public service can deepen and enrich learning and prepare students to lead purposeful, responsible, and creative lives. Sometimes the focus is upon institutions themselves as major intellectual and cultural resources for a community. In this paper, based on the keynote presentation at the Community Engaged Scholarship for Health Collaborative's invitational symposium, the author explores four levels of engagement: the individual, the academic community and its concepts of scholarship, the institution …

What Factors Can An Agency Consider In Making A Decision?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In State Farm, the Supreme Court said that an agency decision is arbitrary and capricious if the agency did not consider adequately a relevant factor or did consider an impermissible factor. The Court did not indicate how courts should distinguish among three categories of potential decision making factors: mandatory, discretionary but permissible, and impermissible. Until 2007, the case law in both the D.C. Circuit and the Supreme Court addressed these questions in sensible ways. In particular, both courts held consistently that congressional silence with respect to a logically relevant factor rendered the factor a permissible factor that an agency could …

A Success Story In Shifting The Paradigm Together : Partnership Between Service And Education In Building An Onsite Clinical Nurse Leader Program, Enna Edouard Trevathan

Doctor of Nursing Practice (DNP) Projects

Access to advanced academic preparation has been an important consideration in the design of educational programs for the working professional nurse. Nursing education has a history of developing and implementing strategies to respond to their needs beyond the traditional, on campus classroom setting. Nursing programs were early adopters of distance learning technologies, from the first two-way audio, one-way video classes, to satellite, two-way video classes to the recent proliferation of web-based programs. However, an innovative alternative is proposed - bringing the course work to the employment setting and designing the program to be responsive to the learning needs of the …

Improving Medication Safety By Implementing A Just Culture, Karen S. Lounsbury

Doctor of Nursing Practice (DNP) Projects

No Abstract Available