On the comparison of proof planning systems: Lambda-clam, Omega and IsaPlanner

We present a framework for describing proof planners. This framework is based around a decomposition of proof planners into planning states, proof language, proof plans, proof methods, proof revision, proof control and planning algorithms. We use this framework to motivate the comparison of three recent proof planning systems, lclam, OMEGA and IsaPlanner, and demonstrate how the framework allows us to discuss and illustrate both their similarities and differences in a consistent fashion. This analysis reveals that proof control and the use of contextual information in planning states are key areas in need of further investigation.

The Use of Proof Planning Critics to Diagnose Errors in the Base Cases of Recursive Programs

This paper reports the use of proof planning to diagnose errors in program code. In particular it looks at the errors that arise in the base cases of recursive programs produced by undergraduates. It describes two classes of error that arise in this situation. The use of test cases would catch these errors but would fail to distinguish between them. The system adapts proof critics, commonly used to patch faulty proofs, to diagnose such errors and distinguish between the two classes. It has been implemented in Lambda-clam, a proof planning system, and applied successfully to a small set of examples.

Anthropometric characteristics and the burden of altered nutritional status among neuropsychiatric patients at Zomba Mental Hospital in Zomba, Malawi

Objective To determine the prevalence of overnutrition and undernutrition among neuropsychiatric inpatients and outpatients at Zomba Mental Hospital in Zomba, Malawi. Methods In this analytical cross-sectional study (n = 239), data were collected from psychiatric patients who were either inpatients (n = 181) or outpatients (n = 58) at Zomba Mental Hospital, which is the largest mental health facility in Malawi. Information was collected about patient demographics, anthropometric data, dietary information, and tobacco and alcohol use, among other variables. Data were entered and analysed in SPSS 16.0 (SPSS Inc., Chicago, IL, USA). Means were generated and compared between male and female patients, and between inpatients and outpatients. Results The study recruited 158 male and 81 female patients, with mean ages of 31.24 ± 11.85 years and 33.08 ± 15.18 years (p = 0.328), respectively. Male patients were significantly taller (165.27 ± 7.25 cm) than female patients (155.30 ± 6.56 cm) (p < 0.001); were significantly heavier than females (60.02 ± 10.56 kg versus 55.64 ± 10.53 kg); and had a significantly lower mean body mass index (BMI) than females (21.87 ± 3.21 vs. 23.01 ± 3.78) (p = 0.016). Overweight and obese patients comprised 17.6% of the participants, and 8.8% were underweight. There were no significant differences in the prevalence of overweight, obesity, and underweight between male and female participants, or between inpatients and outpatients. Conclusion Our study—the first one of its kind in Malawi—characterised the anthropometry of neuropsychiatric patients at a major metal health facility in Malawi, and has shown a high proportion of overweight patients and a notable presence of underweight patients among them. Being overweight or obese is a risk factor for metabolic disorders. Being underweight may aggravate mental illness or disturb the effect of medication. There is need, therefore, to include nutrition screening and therapeutic or supplementary feeding as part of a comprehensive care and treatment plan for neuropsychiatric patients.

‘Failure to maintain’: care rationing and the clinical and financial burden of nurse sensitive hospital-acquired complications in complex older patients

Background: The ageing population, with concomitant increase in chronic conditions, is increasing the presence of older people with complex needs in hospital. People with dementia are one of these complex populations and are particularly vulnerable to complications in hospital. Registered nurses can offer simultaneous assessment and intervention to prevent or mitigate hospital-acquired complications through their skilled brokerage between patient needs and hospital functions. A range of patient outcome measures that are sensitive to nursing care has been tested in nursing work environments across the world. However, none of these measures have focused on hospitalised older patients. Method: This thesis explores nursing-sensitive complications for older patients with and without dementia using an internationally recognised, risk-adjusted patient outcome approach. Specifically explored are: the differences between rates of complications; the costs of complications; and cost comparisons of patient complexity. A retrospective cohort study of an Australian state’s 2006–07 public hospital discharge data was utilised to identify patient episodes for people over age 50 (N=222,440) where dementia was identified as a primary or secondary diagnosis (N=44,422). Extra costs for patient episodes were estimated based on length of stay (LOS) above the average for each patient’s Diagnosis Related Group (DRG) (N=157,178) and were modelled using linear regression analysis to establish the strongest patient complexity predictors of cost. Results: Hospitalised patients with a primary or secondary diagnosis of dementia had higher rates of complications than did their same-age peers. The highest rates and relative risk for people with dementia were found in four key complications: urinary tract infections; pressure injuries; pneumonia, and delirium. While 21.9% of dementia patients (9,751/44,488, p<0.0001) suffered a complication, only 8.8% of non-dementia patients did so (33,501/381,788, p<0.0001), giving dementia patients a 2.5 relative risk of acquiring a complication (p<0.0001). These four key complications in patients over 50 both with and without dementia were associated with an eightfold increase in length of stay (813%, or 3.6 days/0.4 days) and double the increased estimated mean episode cost (199%, or A$16,403/ A$8,240). These four complications were associated with 24.7% of the estimated cost of additional days spent in hospital in 2006–07 in NSW (A$226million/A$914million). Dementia patients accounted for 22.0% of these costs (A$49million/A$226million) even though they were only 10.4% of the population (44,488/426,276 episodes). Hospital-acquired complications, particularly for people with a comorbidity of dementia, cost more than other kinds of inpatient complexity but admission severity was a better predictor of excess cost. Discussion: Four key complications occur more often in older patients with dementia and the high rate of these complications makes them expensive. These complications are potentially preventable. However, the care that can prevent them (such as mobility, hydration, nutrition and communication) is known to be rationed or left unfinished by nurses. Older hospitalised people who have complex needs, such as those with dementia, are more likely to experience care rationing as their care tends to take longer, be less predictable and less curative in nature. This thesis offers the theoretical proposition that evidence-based nursing practices are rationed for complex older patients and that this rationed care contributes to functional and cognitive decline during hospitalisation. This, in turn, contributes to the high rates of complications observed. Thus four key complications can be seen as a ‘Failure to Maintain’ complex older people in hospital. ‘Failure to Maintain’ is the inadequate delivery of essential functional and cognitive care for a complex older person in hospital resulting in a complication, and is recommended as a useful indicator for hospital quality. Conclusions: When examining extra length of stay in hospital, complications and comorbid dementia are costly. Complications are potentially preventable, and dementia care in hospitals can be improved. Hospitals and governments looking to decrease costs can engage in risk-reduction strategies for common nurse sensitive complications such as healthy nursing work environments that minimise nurses’ rationing of functional and cognitive care. The conceptualisation of complex older patients as ‘business as usual’ rather than a ‘burden’ is likely necessary for sustainable health care services of the future. The use of the ‘Failure to Maintain’ indicators at institution and state levels may aid in embedding this approach for complex older patients into health organisations. Ongoing investigation is warranted into the relationships between the largest health services expense (hospitals), the largest hospital population (complex older patients), and the largest hospital expense (nurses). The ‘Failure to Maintain’ quality indicator makes a useful and substantive contribution to further clinical, administrative and research developments.

Quantification of standards of proof thresholds in criminal and civil litigation

Standards of proof in law serve the purpose of instructing juries as to the expected levels of confidence in determinations of fact. In criminal trials, to reach a guilty verdict a jury must be satisfied beyond a reasonable doubt, and in civil trials by a preponderance of the evidence. The purposes of this study are to determine the quantitative thresholds used to make these determinations; to ascertain the levels of juror agreement with basic principles of justice; and to try to predict thresholds and beliefs by juror personality characteristics. Participants read brief case descriptions and indicated thresholds in percentages, their beliefs in various principles, and completed three personality measures. A 92-94% threshold in criminal and an 80% threshold in civil matters was found; but prediction by personality was not supported. Significant percentages of jurors disavowed the presumptions of innocence and right to counsel.

A systematic review of the psychobiological burden of informal caregiving for patients with dementia: focus on cognitive and biological markers of chronic stress

As the physiological impact of chronic stress is difficult to study in humans, naturalistic stressors are invaluable sources of information in this area. This review systematically evaluates the research literature examining biomarkers of chronic stress, including neurocognition, in informal dementia caregivers. We identified 151 papers for inclusion in the final review, including papers examining differences between caregivers and controls as well as interventions aimed at counteracting the biological burden of chronic caregiving stress. Results indicate that cortisol was increased in caregivers in a majority of studies examining this biomarker. There was mixed evidence for differences in epinephrine, norepinephrine and other cardiovascular markers. There was a high level of heterogeneity in immune system measures. Caregivers performed more poorly on attention and executive functioning tests. There was mixed evidence for memory performance. Interventions to reduce stress improved cognition but had mixed effects on cortisol. Risk of bias was generally low to moderate. Given the rising need for family caregivers worldwide, the implications of these findings can no longer be neglected.

The Burden of Injury in Iowa, December 2008

Injuries are a major public health concern that affects the lives of all Iowans, regardless of age, race, gender, or size of county. Unintentional injuries are the leading cause of death for Iowans between the ages of 1 and 34, while suicides and/or homicides also rank among the top 5 leading causes of death for Iowans between the ages of 1 and 54. Unintentional injury is the 5th leading cause of death for all Iowans, with over 1,500 injury deaths occurring on average each year (from 2002‐ 2006) in Iowa. Injuries also lead to more than 17,000 hospitalizations in Iowa each year and more than 250,000 emergency department (ED) visits. Further, untold numbers of Iowans do not seek medical care for many of the injuries they may incur. Because injuries are preventable, they lead to unnecessary medical costs, economic losses, reduced productivity, and immense physical and emotional strain.

"Secoituxesta järjettömäin luondocappalden canssa" : Perversiot, oikeuselämä ja kansankulttuuri 1700-luvun Suomessa

Bestiality was in the 18th century a more difficult problem in terms of criminal policy in Sweden and Finland than in any other Christian country in any other period. In the legal history of deviant sexuality, the phenomenon was uniquely widespread by international comparison. The number of court cases per capita in Finland was even higher than in Sweden. The authorities classified bestiality among the most serious crimes and a deadly sin. The Court of Appeal in Turku opted for an independent line and was clearly more lenient than Swedish courts of justice. Death sentences on grounds of bestiality ended in the 1730s, decades earlier than in Sweden. The sources for the present dissertation include judgment books and Court of Appeal decisions in 253 cases, which show that the persecution of those engaging in bestial acts in 18th century Finland was not organised by the centralised power of Stockholm. There is little evidence of local campaigns that would have been led by authorities. The church in its orthodoxy was losing ground and the clergy governed their parishes with more pragmatism than the Old Testament sanctioned. When exposing bestiality, the legal system was compelled to rely on the initiative of the public. In cases of illicit intercourse or adultery the authorities were even more dependent on the activeness of the local community. Bestiality left no tangible evidence, illegitimate children, to betray the crime to the clergy or secular authorities. The moral views of the church and the local community were not on a collision course. It was a common view that bestiality was a heinous act. Yet nowhere near all crimes came to the authorities' knowledge. Because of the heavy burden of proof, the legal position of the informer was difficult. Passiveness in reporting the crime was partly because most Finns felt it was not their place to intervene in their neighbours' private lives, as long as that privacy posed no serious threat to the neighbourhood. Hidden crime was at least as common as crime more easily exposed and proven. A typical Finnish perpetrator of bestiality was a young unmarried man with no criminal background or mental illness. The suspects were not members of ethnic minorities or marginal social groups. In trials, farmhands were more likely to be sentenced than their masters, but a more salient common denominator than social and economical status was the suspects' young age. For most of the defendants bestiality was a deep-rooted habit, which had been adopted in early youth. This form of subculture spread among the youth, and the most susceptible to experiment with the act were shepherds. The difference between man and animal was not clear-cut or self-evident. The difficulty in drawing the line is evident both in legal sources and Finnish folklore. The law that required that the animal partners be slaughtered led to the killing of thousands of cows and mares, and thereby to substantial material losses to their owners. Regarding bestiality as a crime against property motivated people to report it. The belief that the act would produce human-animal mongrels or that it would poison the milk and the meat horrified the public more than the teachings of the church ever could. Among the most significant aspects in the problems regarding the animals is how profoundly different the worldview of 18th century people was from that of today.

Evidence in European Asylum Procedures

This thesis explores the particular framework of evidentiary assessment of three selected appellate national asylum procedures in Europe and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order and international law, on the other. A theme running throughout the thesis is the EU strivings towards approximation of national asylum procedures and my study analyses the evidentiary assessment of national procedures with the aim of pinpointing similarities and differences, and the influences which affect these distinctions. The thesis first explores the frames construed for national evidentiary solutions by studying the object of decision-making and the impact of legal systems outside the national. Second, the study analyses the factual evidentiary assessment of three national procedures - German, Finnish and English. Thirdly, the study explores the interrelationship between these procedures and the legal systems influencing them and poses questions in relation to the strivings of EU and methods of convergence. The thesis begins by stating the framework and starting points for the research. It moves on to establish keys of comparison concerning four elements of evidentiary assessment that are of importance to any appellate asylum procedure, and that can be compared between national procedures, on the one hand, and between international, regional and national frameworks, on the other. Four keys of comparison are established: the burden of proof, demands for evidentiary robustness, the standard of proof and requirements for the methods of evidentiary assessment. These keys of comparison are then identified in three national appellate asylum procedures, and in order to come to conclusions on the evidentiary standards of the appellate asylum procedures, relevant elements of the asylum procedures in general are presented. Further, institutional, formal and procedural matters which have an impact on the evidentiary standards in the national appellate procedures are analysed. From there, the thesis moves on to establish the relationship between national evidentiary standards and the legal systems which affect them, and gives reasons for similarities and divergences. Further, the thesis studies the impact of the national frameworks on the regional and international level. Lastly, the dissertation makes a de lege ferenda survey of the relationship between EU developments, the goal of harmonization in relation to national asylum procedures and the particular feature of evidentiary standards in national appellate asylum procedures. Methodology The thesis follows legal dogmatic methods. The aim is to analyse legal norms and legal constructions and give them content and context. My study takes as its outset an understanding of the purposes for legal research also regarding evidence and asylum to determine the contents of valid law through analysis and systematization. However, as evidentiary issues traditionally are normatively vaguely defined, a strict traditional normative dogmatic approach is not applied. For the same reason a traditionalist and strict legal positivism is not applied. The dogmatics applied to the analysis of the study is supported by practical analysis. The aim is not only to reach conclusions concerning the contents of legal norms and the requirements of law, but also to study the use and practical functioning of these norms, giving them a practcial context. Further, the study relies on a comparative method. A functionalist comparative method is employed and keys of comparison are found in evidentiary standards of three selected national appellate asylum procedures. The functioning equivalences of German, Finnish and English evidentiary standards of appellate asylum procedures are compared, and they are positioned in an European and international legal setting. Research Results The thesis provides results regarding the use of evidence in national appellate asylum procedures. It is established that evidentiary solutions do indeed impact on the asylum procedure and that the results of the procedure are dependent on the evidentiary solutions made in the procedures. Variations in, amongst other things, the interpretation of the burden of proof, the applied standard of proof and the method for determining evidentiary value, are analysed. It is established that national impacts play an important role in the adaptation of national appellate procedures to external requirements. Further, it is established that the impact of national procedures on as well the international framework as on EU law varies between the studied countries, partly depending on the position of the Member State in legislative advances at the EU level. In this comparative study it is, further, established that the impact of EU requirements concerning evidentiary issues may be have positive as well as negative effects with regard to the desired harmonization. It is also concluded that harmonization using means of convergence that primaly target legal frameworks may not in all instances be optimal in relation to evidentiary standards, and that more varied and pragmatic means of convergence must be introduced in order to secure harmonization also in terms of evidence. To date, legal culture and traditions seem to prevail over direct efforts at procedural harmonization.

A discriminação em função da idade no direito do trabalho

In this thesis, we will treat the discrimination based on age, more specifically of older workers. In recent years, there was an increasing interest on the part of doctrine and jurisprudence on this subject. In fact, in a world in which you live a real economic crisis, older workers tend to have difficulties finding jobs or are targets of the discrimination based on age, at the time of hiring or during the contract. Thus, we will focus on discrimination. We will examine, first, the difference between direct and indirect discrimination, taking into account the importance of the burden of proof, then we will study the figures of positive action measures. Then, treat the legislative framework of the discrimination based on age, that is, in relation to the Labor Code and the Directive 2000/78/EC of November 27, 2000. Eventually, we will determine the cases in which they may accept the discrimination based on age. In fact, these differences in treatment based on age are justified, but must be aimed at a legitimate objective with appropriate and necessary means.

Analyse de la politique et des règles de procédure d’I.C.A.N.N. relatives au règlement des conflits entre les titulaires de marques de commerce et les détenteurs de noms de domaine

"L’enregistrement de noms de domaine, basé sur la règle du « premier arrivé, premier servi », n’a pas échappé à des personnes peu scrupuleuses qui se sont empressées d’enregistrer comme noms de domaine des marques de commerce, phénomène connu sous le nom de « cybersquattage ». L’U.D.R.P. (Uniform domain name Dispute Resolution Policy) est une procédure internationale qui a été adoptée pour régler les différends relatifs à cette pratique. La procédure de l’U.D.R.P. est conçue pour être rapide, efficace et simple. Même si le fardeau de preuve reposant sur le titulaire de marque de commerce peut sembler lourd, l’analyse de la procédure démontre qu’elle n’offre pas aux détenteurs de noms de domaine un procès juste et équitable, notamment en raison des délais très courts, de l’absence de voies de recours internes en cas de défaut et de l’obligation de saisir les tribunaux de droit commun. La procédure de l’U.D.R.P. ne présente aussi aucun caractère dissuasif envers les titulaires de marques qui tenteraient de s’approprier un nom de domaine enregistré dans des conditions légitimes. Une étude des décisions issues de la Procédure U.D.R.P. révèle qu’il existe un déséquilibre flagrant en faveur des titulaires de marques de commerces; les organismes accrédités se taillant la plus grande part du marché sont ceux dont les décisions sont généralement plus favorables aux titulaires de marques. Une variété d’arguments sont avancés pour expliquer ces résultats mais les études démontrent que la Procédure U.D.R.P. doit faire l’objet de réformes. La réforme devrait comprendre deux volets : premièrement, la modification du mode de désignation des organismes accrédités chargés d’administrer la Procédure U.D.R.P. ainsi que la modification du processus de sélection des commissaires; deuxièmement, une réforme relative aux délais, à la langue des procédures et au phénomène des procédures abusives intentées par des détenteurs de marques de commerce à l?égard d’enregistrements légitimes."

Sexual Violence Against Women as a Strategy to Dispossess Land in the Colombian Armed Conflict

This article reviews the evidence collected by diverse national and international organizations regarding the relationship between sexual violence against women, forced displacement, and dispossession in the context of the Colombian armed conflict. To this end, it uses the concept of “sexual violence regimes” to highlight that the endspursued by sexual violence are not always exhausted by simple consummation (that is, the act of sexual violence itself), but depending on the context, can be connected with broader strategic goals of armed actors. At the same time, this document admits the difficulty of proving this relationship with respect to judicial procedures, and thus sets out the possibility of creating a rebuttable presumption, in the framework of “unconstitutional state of affairs” created by judgment T-025 of 2004, that alleviates the burden of proof of the victims, and serves as a catalyst to promote new genderbased mechanisms of reparations.

La prueba en demandas laborales por discriminación (Tema Central)

Resulta muy complicado iniciar una demanda o acción por discriminación en el ámbito laboral, debido principalmente a que dicha conducta se encuentra generalmente encubierta, además porque es el empleador el que tiene en su poder los medios de prueba. Por tales motivos, es de vital importancia mejorar los mecanismos de prueba en demandas o acciones por discriminación en material laboral, para así garantizar efectivamente el derecho a la igualdad de trato que se encuentra contemplado en la Constitución de la República del Ecuador y en instrumentos internacionales suscritos por nuestro país.

Direito probatório e ativismo judicial: a transformação do ônus probatório em um direito à prova

O objetivo do trabalho de conclusão de curso é analisar a matéria da prova, no que toca as regras do ônus da prova e à inversão do ônus da prova na defesa do consumidor. Relacionando-as com o tema do ativismo judicial, para isso realizaremos uma pesquisa de princípios processuais e jurisprudência.