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2016

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Does Medical Malpractice Law Improve Health Care Quality?, Michael D. Frakes, Anupam B. Jena Jan 2016

Does Medical Malpractice Law Improve Health Care Quality?, Michael D. Frakes, Anupam B. Jena

Faculty Scholarship

Despite the fundamental role of deterrence in justifying a system of medical malpractice law, surprisingly little evidence has been put forth to date bearing on the relationship between medical liability forces on the one hand and medical errors and health care quality on the other. In this paper, we estimate this relationship using clinically validated measures of health care treatment quality constructed using data from the 1979 to 2005 National Hospital Discharge Surveys and the 1987 to 2008 Behavioral Risk Factor Surveillance System records. Drawing upon traditional, remedy-centric tort reforms — e.g., damage caps — we estimate that the current …

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Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman Jan 2016

Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman

Faculty Scholarship

This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about the …

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Priority For The Worse Off And The Social Cost Of Carbon, Matthew D. Adler, David Anthoff, Valentina Bosetti, Greg Garner, Klaus Keller, Nicolas Treich Jan 2016

Priority For The Worse Off And The Social Cost Of Carbon, Matthew D. Adler, David Anthoff, Valentina Bosetti, Greg Garner, Klaus Keller, Nicolas Treich

Faculty Scholarship

The social cost of carbon (SCC) is a monetary measure of the harms from carbon emission. Specifically, it is the reduction in current consumption that produces a loss in social welfare equivalent to that caused by the emission of a ton of CO2. The standard approach is to calculate the SCC using a discounted-utilitarian social welfare function (SWF)—one that simply adds up the well-being numbers (utilities) of individuals, as discounted by a weighting factor that decreases with time. The discounted-utilitarian SWF has been criticized both for ignoring the distribution of well-being, and for including an arbitrary preference for earlier generations. …

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Empirical Scholarship On The Prosecution Process At The Pto, Michael D. Frakes, Melissa F. Wasserman Jan 2016

Empirical Scholarship On The Prosecution Process At The Pto, Michael D. Frakes, Melissa F. Wasserman

Faculty Scholarship

In this book chapter, we summarize empirical scholarship examining the patent prosecution process at the United States Patent and Trademark Office.

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The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller Jan 2016

The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

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Detoxing The Child Welfare System, Allison E. Korn Jan 2016

Detoxing The Child Welfare System, Allison E. Korn

Faculty Scholarship

This Article considers the varying reasons why drug policies informing child welfare interventions are not evolving as part of the drug policy reform movement, which has successfully advocated for initiatives that decrease mass incarceration, end mandatory minimums, and decriminalize or legalize marijuana use and possession. Many existing child welfare laws and policies that address parental drug use rely on the premise that prenatal exposure to a controlled substance causes inevitable harm to a child. Furthermore, they presume that any amount of drug use by a parent places a child in imminent danger, or is indicative of future risk of harm. …

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Modern-Day Monitorships, Veronica Root Jan 2016

Modern-Day Monitorships, Veronica Root

Faculty Scholarship

When a sexual abuse scandal rocked Penn State, when Apple was found to have engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a "Modern-Day Monitorship”. Modern-day monitorships are utilized in an array of contexts to assist in widely varying re­mediation efforts. This is because they provide outsiders with a unique source of information about the efficacy of the tarnished organization's efforts to resolve misconduct. Yet, despite their use in high profile and serious matters of organi­zational wrongdoing, they are not an outgrowth of careful study …

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Occam's Phaser: Making Proportional Discovery (Finally) Work In Litigation By Requiring Phased Discovery, Michael Murphy Jan 2016

Occam's Phaser: Making Proportional Discovery (Finally) Work In Litigation By Requiring Phased Discovery, Michael Murphy

Faculty Scholarship

This is an article about solving the problem of expensive electronic discovery in litigation by simply learning the most important facts first. Judges and parties often complain that the scope of information included in fact discovery in civil litigation is overinclusive and disproportionate to size of the dispute, resulting in overly expensive costs. The Federal Rules of Civil Procedure recently changed again to further emphasize the use of “proportional” limits in discovery, but provide little practical mechanism for parties, lawyers, and judges to make discovery “right-sized.” This Article proposes that parties should be required to “phase” discovery by first setting …

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Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah Purdy Jan 2016

Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah Purdy

Faculty Scholarship

No abstract provided.

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Benefit-Cost Analysis And Distributional Weights: An Overview, Matthew D. Adler Jan 2016

Benefit-Cost Analysis And Distributional Weights: An Overview, Matthew D. Adler

Faculty Scholarship

Standard cost-benefit analysis (CBA) is insensitive to distributional concerns. A policy that improves the lives of the rich, and makes the poor yet worse off, will be approved by CBA as long as the policy’s aggregate monetized benefits are positive. Distributional weights offer an apparent solution to this troubling feature of the CBA methodology: adjust costs and benefits with weighting factors that are inversely proportional to the well-being levels (as determined by income and also perhaps non-income attributes such as health) of the affected individuals.

Indeed, an academic literature dating from the 1950s discusses how to specify distributional weights. And …

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Development Of Emission Factors (Efs) Model For Coal Train Loading Operations, Bisleshana Brahma Prakash Jan 2016

Development Of Emission Factors (Efs) Model For Coal Train Loading Operations, Bisleshana Brahma Prakash

Graduate Theses, Dissertations, and Problem Reports (ETD)

The objectives of this research were to conduct an analysis of dust emission and to develop a dust emission factors (EFs) model for coal train loading operations. To achieve these objectives, field measurements and data collection were carried out at a facility operating along with a coal mine in West Virginia, U.S. The dust emission for the train loading point was determined by two methods: (i) the EPA AP-42 emission factor estimation equations (AP-42 Dust Emission Estimation), and (ii) the methodology used in the development of AP-42 equations (Type-2 Dust Emission Estimation). The analysis of dust emission revealed that dust …

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Evaluating The Effect Of Feed Mixing And Sampling Methodologies On Nutrient Analysis And The Inclusion Of A Novel Protease In Broiler Diets, Danielle A. Reese Jan 2016

Evaluating The Effect Of Feed Mixing And Sampling Methodologies On Nutrient Analysis And The Inclusion Of A Novel Protease In Broiler Diets, Danielle A. Reese

Graduate Theses, Dissertations, and Problem Reports (ETD)

Proper poultry feeding requires a homogenous mixture of macro and micro ingredients to ensure feed nutrients are being supplied to meet bird requirements. Samples of complete feed may be taken during manufacture and analyzed for nutrient content in order to estimate if nutrients are present in feed in accordance to diet formulation. However, variables associated with mixing and feed sampling may influence the results of nutrient analysis, thus over or under estimating the formula comparison. The objective of this study was to vary mix time, sample location, sample number, and sample blending technique on nutrient analysis. Ingredients were mixed in …

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A Learning History Study Of Sustainable Management In Producing An Inaugural Solar Decathlon Entry, Dana Shearer Jan 2016

A Learning History Study Of Sustainable Management In Producing An Inaugural Solar Decathlon Entry, Dana Shearer

Graduate Theses, Dissertations, and Problem Reports (ETD)

A Learning History approach was used to study the processes and outcomes of West Virginia University's inaugural (2013) Solar Decathlon team as it planned and executed its entry to the competition. In this competition, the product must be a house that meets several standards for sustainable management of material and energy resources. This study conceives of the human resources required to produce an entry as a complementary valuable resource that also can be managed more or less sustainably. Applying principles of sustainable management to evaluate the team's process and the transmission of knowledge to future teams, analysis of the experiences …

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The Effect Of Physicochemical Properties On The Multiwalled Carbon Nanotube-Induced Genotoxicity And Carcinogenesis, Katelyn J. Siegrist Jan 2016

The Effect Of Physicochemical Properties On The Multiwalled Carbon Nanotube-Induced Genotoxicity And Carcinogenesis, Katelyn J. Siegrist

Graduate Theses, Dissertations, and Problem Reports (ETD)

Multiwalled carbon nanotubes (MWCNT) are one of the most exciting industrial materials of our time. They are used in life-saving medical therapeutics and many commercial products that could make day-to-day life seem effortless. However, previous toxicological research has demonstrated this material to be significantly genotoxic in both in vitro and in vivo models and potentially carcinogenic in the lung. The unique physiochemical properties of MWCNT make respiratory exposures likely in workers. Combining the genotoxic effects with the potential for lung deposition in the workplace, MWCNT should be considered as a potential health hazard. Altering the physiochemical properties of MWCNT has …

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The Trajectory Of Coping With Trauma: Meaning Making As A Factor In Determining The Trauma Outcome For Combat Veterans, Rachel A. Spero Jan 2016

The Trajectory Of Coping With Trauma: Meaning Making As A Factor In Determining The Trauma Outcome For Combat Veterans, Rachel A. Spero

Graduate Theses, Dissertations, and Problem Reports (ETD)

Specific ways in which an individual makes meaning following a stressful life event have been conceptualized as contributing to the emergence of Posttraumatic Stress Disorder (PTSD). However, little is known about how meaning making impacts the trauma trajectory and how that transition affects the outcomes of PTSD, Posttraumatic Growth (PTG), or resiliency. In this study, 166 combat veterans nationwide completed self-report surveys that were analyzed using a multivariate Structural Equation Modeling (SEM) method to create a model of how PTSD, PTG, and resiliency are impacted based upon meaning making. The results suggest that following a stressful life event, individuals who …

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100 Key Research Questions For The Post-2015 Development Agenda, Johan A. Oldekop, Lorenza B. Fontana, Jean Grugel, Nicole Roughton, Emmanuel A. Adu-Ampong, Gemma K. Bird, Alex Dorgan, Marcia A. Vera Espinoza, Sara Wallin, Daniel Hammett, Esther Agbarakwe, Arun Agrawal, Nurgul Asylbekova, Clarissa Azkoul, Craig Bardsley, Anthony J. Bebbington, Savio Carvalho, Deepta Chopra, Stamatios Christopoulos, Emma Crewe, Marie Claude Dop, Joern Fischer, Daan Gerretsen, Jonathan Glennie, William Gois, Mtinkheni Gondwe, Lizz A. Harrison, Katja Hujo, Mark Keen, Roberto Laserna, Luca Miggiano, Sarah Mistry Jan 2016

100 Key Research Questions For The Post-2015 Development Agenda, Johan A. Oldekop, Lorenza B. Fontana, Jean Grugel, Nicole Roughton, Emmanuel A. Adu-Ampong, Gemma K. Bird, Alex Dorgan, Marcia A. Vera Espinoza, Sara Wallin, Daniel Hammett, Esther Agbarakwe, Arun Agrawal, Nurgul Asylbekova, Clarissa Azkoul, Craig Bardsley, Anthony J. Bebbington, Savio Carvalho, Deepta Chopra, Stamatios Christopoulos, Emma Crewe, Marie Claude Dop, Joern Fischer, Daan Gerretsen, Jonathan Glennie, William Gois, Mtinkheni Gondwe, Lizz A. Harrison, Katja Hujo, Mark Keen, Roberto Laserna, Luca Miggiano, Sarah Mistry

Geography

The Sustainable Development Goals (SDGs) herald a new phase for international development. This article presents the results of a consultative exercise to collaboratively identify 100 research questions of critical importance for the post-2015 international development agenda. The final shortlist is grouped into nine thematic areas and was selected by 21 representatives of international and non-governmental organisations and consultancies, and 14 academics with diverse disciplinary expertise from an initial pool of 704 questions submitted by 110 organisations based in 34 countries. The shortlist includes questions addressing long-standing problems, new challenges and broader issues related to development policies, practices and institutions. Collectively, …

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Does Mindfulness Reduce Attentional Negativity Bias And Depressive Symptoms?, Cameron Ford Jan 2016

Does Mindfulness Reduce Attentional Negativity Bias And Depressive Symptoms?, Cameron Ford

Graduate Theses, Dissertations, and Problem Reports (ETD)

Mindfulness has been associated with several psychological benefits such as reduced symptoms of depression (Brown, Ryan, & Creswell, 2007). However, the mechanism(s) by which mindfulness reduces depressive symptoms is unclear. The present research investigated one potential mechanism: attentional negativity bias. In two studies utilizing eye-tracking methodology, gaze patterns served as indicators of visual attention in order to examine the relations among attention, depressive symptoms, and mindfulness. In Study 1, there was some limited evidence that trait mindfulness was related to less attentional negativity bias. Specifically, trait mindfulness was related to more fixation duration and more fixations on positive images. However, …

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Adjustment Of Bracket Position Away From The Andrew's Plane To Achieve A Flat Occlusal Plane, Jason M. Lawrence Jan 2016

Adjustment Of Bracket Position Away From The Andrew's Plane To Achieve A Flat Occlusal Plane, Jason M. Lawrence

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: "The Six Keys to Normal (Optimal) Occlusion" published by Andrews in 1972 identified six common features characteristic of an optimal occlusion. Among these characteristics are flat maxillary and mandibular occlusal planes. Andrews further developed the Straight-Wire Appliance(TM) to facilitate attaining an optimal occlusion in an efficient manner with few if any arch wire bends. In addition to the Six Keys, Andrews proposed that attaining a flat occlusal plane with a straight arch wire is predicated on siting the bracket slots on the FA Points of the tooth crowns (Andrews Plane). Observation of the maxillary and mandibular Andrews plane will …

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Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver Jan 2016

Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver

Osgoode Hall Law Journal

In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to meaningful review over the conditions of their detention. In this paper, the authors argue that the decision has broad implications for provincial civil commitment regimes across the country. In particular, the Court’s analogy to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty involved in civil commitments. An expanded role for civil review tribunals may be required, including …

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Book Review: The Liberty Of Non-Citizens: Indefinite Detention In Commonwealth Countries, By Rayner Thwaites, Colin Grey Jan 2016

Book Review: The Liberty Of Non-Citizens: Indefinite Detention In Commonwealth Countries, By Rayner Thwaites, Colin Grey

Osgoode Hall Law Journal

This is a book review of The Liberty of Non-citizens: Indefinite Detention in Commonwealth Countries by Rayner Thwaites.

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Book Note: Law, Psychology, And Morality: The Role Of Loss Aversion, By Eyal Zamir, Dan Adler Jan 2016

Book Note: Law, Psychology, And Morality: The Role Of Loss Aversion, By Eyal Zamir, Dan Adler

Osgoode Hall Law Journal

RATIONAL CHOICE THEORY, as a descriptive theory of human behaviour, claims that individuals seek to maximize their expected well-being.2 But cognitive psychologists have shown this to be false through experimental and empirical research.3 Instead, human behaviour is predictably subject to cognitive biases, resulting in judgments and decisions considered “irrational” by rational choice theorists. One such bias is loss aversion, whereby people prefer not losing some good over gaining a good of equal value.4 In Law, Psychology, and Morality: The Role of Loss Aversion, Eyal Zamir argues that loss aversion provides a partial explanation for many features of human behaviour within …

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Develando Una Perspectiva Bíblica De La Sabiduría, Gustavo Gregorutti Jan 2016

Develando Una Perspectiva Bíblica De La Sabiduría, Gustavo Gregorutti

Faculty Publications

This essay looks for ways to understand some of the characteristics of the biblical paradigm of wisdom. Being wise implies that the person who possesses it, to a greater or lesser degree, is able to handle circumstances to achieve the welfare of others and of one’s self. Developing wisdom does not seem to be related to personal characteristics. It is actually a series of identification processes with the biblical worldview that conditions daily behavior. To illustrate these concepts, this study makes a comparison using the cases of Daniel and Samson as a continuum that goes from more toward less wisdom. …

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K. Cairns And J. Johnston, 2015, Food And Femininity, Jm Parsons Jan 2016

K. Cairns And J. Johnston, 2015, Food And Femininity, Jm Parsons

School of Law, Humanities and Social Sciences

No abstract provided.

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Time To Move The Goalposts? Do We Need New Targets For Developing I.V. Anaesthetics?, J. R. Sneyd Jan 2016

Time To Move The Goalposts? Do We Need New Targets For Developing I.V. Anaesthetics?, J. R. Sneyd

More Faculty of Health Research

Time to move the goalposts? Do we need new targets for developing intravenous anaesthetics? Widespread use of intravenous hypnotics for induction of anaesthesia dates from 1934 when thiopentone was introduced. Since then a handful of agents have come and gone with only propofol and ketamine enjoying common use in addition to some residual administrations of thiopentone and etomidate, During the 30 years since propofol was introduced in 1986, number of candidate hypnotics and propofol reformulations have been evaluated but none have yet achieved commercial success or significant clinical impact. During this period developmental objectives built on the shortfalls of thiopentone …

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Towards A Theory Of Sustainable Consumption And Production: Constructs And Measurement, R Dubey, A Gunasekaran, Sj Childe, T Papadopoulos, Sf Wamba, M Song Jan 2016

Towards A Theory Of Sustainable Consumption And Production: Constructs And Measurement, R Dubey, A Gunasekaran, Sj Childe, T Papadopoulos, Sf Wamba, M Song

Plymouth Business School

There has been increasing interest from both academics and practitioners in sustainable consumption and production (SCP) behaviour. The literature has mainly focused on antecedents and indicators for SCP behaviour, but scholars are yet to develop frameworks that provide insights into SCP behaviour. To address this gap, this paper develops a theoretical model grounded in institutional and agency theories that explicates the role of top management beliefs and participation when dealing with institutional pressures that impact upon SCP behaviour by facilitating information sharing and reducing behavioural uncertainty. Based on a sample of 167 responses from a survey with Indian organizations, we …

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O3‐10‐06: Dissemination And Implementation In Dementia Care: A Mixed‐Methods Systematic Review, I Lourida, Ra Abbott, Ia Lang, M Rogers, B Kent, J Thompson-Coon Jan 2016

O3‐10‐06: Dissemination And Implementation In Dementia Care: A Mixed‐Methods Systematic Review, I Lourida, Ra Abbott, Ia Lang, M Rogers, B Kent, J Thompson-Coon

School of Nursing and Midwifery

No abstract provided.

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Social Sustainability In The Supply Chain: Construct Development And Measurement Validation, V Mani, R Agarwal, A Gunasekaran, T Papadopoulos, R Dubey, Sj Childe Jan 2016

Social Sustainability In The Supply Chain: Construct Development And Measurement Validation, V Mani, R Agarwal, A Gunasekaran, T Papadopoulos, R Dubey, Sj Childe

Plymouth Business School

Research on social sustainability in developing countries has recently gained importance for both academics and practitioners. Studies in the supply chain management field take either a supplier or a manufacturer perspective that address predominantly corporate social responsibility (CSR) issues referring to the internal stakeholders. Our research integrates the literature on supplier, manufacturer, and customer responsibility and proposes the concept of supply chain social sustainability (SCSS) that refers to addressing social issues within the overall (upstream and downstream) supply chain. Furthermore, we develop and empirically validate scales for measuring SCSS using in-depth interviews and a survey in the Indian manufacturing industry. …

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Towards Sustainable Asean Port Development: Challenges And Opportunities For Vietnamese Ports, Saeyeon Roh, Vinh V. Thai, Yiik Diew Wong Jan 2016

Towards Sustainable Asean Port Development: Challenges And Opportunities For Vietnamese Ports, Saeyeon Roh, Vinh V. Thai, Yiik Diew Wong

Plymouth Business School

No abstract provided.

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Regarding “Development Of A Postgraduate Interventional Cardiac Nursing Curriculum” By Currey Et Al., Fenella Gill, Gavin D. Leslie, Carol Grech, Jos M. Latour Jan 2016

Regarding “Development Of A Postgraduate Interventional Cardiac Nursing Curriculum” By Currey Et Al., Fenella Gill, Gavin D. Leslie, Carol Grech, Jos M. Latour

School of Nursing and Midwifery

No abstract provided.

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Test–Retest Stability Of Patient Experience Items Derived From The National Gp Patient Survey, Antoinette F. Davey, Martin J. Roberts, Luke Mounce, Inocencio Maramba, John L. Campbell Jan 2016

Test–Retest Stability Of Patient Experience Items Derived From The National Gp Patient Survey, Antoinette F. Davey, Martin J. Roberts, Luke Mounce, Inocencio Maramba, John L. Campbell

School of Nursing and Midwifery

No abstract provided.

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