A discourse-theoretic approach to negotiated rulemaking

In 1996 and in 1997, Congress ordered the Secretary of Health and Human Services to undertake a process of negotiated rulemaking, which is authorized under the Negotiated Rulemaking Act of 1990, on three separate rulemaking matters. Other Federal agencies, including the Environmental Protection Agency and the Occupational Health and Safety Administration, have also made use of this procedure. As part of the program to reinvent government, President Clinton has issued an executive order requiring federal agencies to engage in some negotiated rulemaking procedures. I present an analytic, interpretative and critical approach to looking at the statutory and regulatory provisions for negotiated rulemaking as related to issues of democratic governance surrounding the problem of delegation of legislative power. The paradigm of law delineated by Jürgen Habermas, which sets law the task of achieving social or value integration as well as integration of systems, provides the background theory for a critique of such processes. My research questions are two. First, why should a citizen obey a regulation which is the result of negotiation by directly interested parties? Second, what is the potential effect of negotiated rulemaking on other institutions for deliberative democracy? For the internal critique I argue that the procedures for negotiated rulemaking will not produce among the participants the agreement and cooperation which is the legislative intent. For the external critique I argue that negotiated rulemaking will not result in democratically-legitimated regulation. In addition, the practice of negotiated rulemaking will further weaken the functioning of the public sphere, as Habermas theorizes it, as the central institution of deliberative democracy. The primary implication is the need to mitigate further development of administrative agencies as isolated, self-regulating systems, which have been loosened from the controls of democratic governance, through the development of a robust public sphere in which affected persons may achieve mutual understanding. ^

Transdiaphragmatic Resuscitative Open Cardiac Massage: Description of the Technique and a First Case-Series of an Alternative Approach to the Heart

Abstract BACKGROUND: The purpose of this paper is to describe the transdiaphragmatic approach to the heart for open CPR in patients that arrest at laparotomy and to present a first case series of patients that have undergone this procedure. METHODS: All patients who had undergone intraperitoneal transdiaphragmatic open CPR between January 1, 2002 and December 31, 2012 were retrieved from the operation registry at Bern University Hospital, Switzerland. Transdiaphragmatic access to the heart is initiated with a 10-cm-long anterocaudal incision in the central tendon of the diaphragm--approximately at 2 o'clock. Internal cardiac compression through the diaphragmatic incision can be performed from both sides of the patient. From the right side of the patient, cardiac massage is performed with the right hand and vice versa. RESULTS: A total of six patients were identified that suffered cardiac arrest during laparotomy with open CPR performed through the transdiaphragmatic approach. Four patients suffered cardiac arrest during orthotopic liver transplantation and two trauma patients suffered cardiac arrest during damage control laparotomy. In three patients, cardiac activity was never reestablished. However, three patients regained a perfusion heart rhythm and two of these survived to the ICU. One patient ultimately survived to discharge. CONCLUSIONS: In patients suffering cardiac arrest during laparotomy, the transdiaphragmatic approach allows for a rapid, technically easy, and almost atraumatic access to the heart, with excellent CPR performance. After this potentially life-saving procedure, pulmonary or surgical site complications are expected to occur much less compared with the conventionally performed emergency department left-sided thoracotomy.

The SureMath Approach to Success in Freshman Chemistry

The SureMath scheme is an alternate algebraic approach to "word problem" solving. It is used here in a freshman chemistry setting to aid students who need another method for solving chemistry problems.

A geometric approach to quantum circuit lower bounds

What is the minimal size quantum circuit required to exactly implement a specified n-qubit unitary operation, U, without the use of ancilla qubits? We show that a lower bound on the minimal size is provided by the length of the minimal geodesic between U and the identity, I, where length is defined by a suitable Finsler metric on the manifold SU(2(n)). The geodesic curves on these manifolds have the striking property that once an initial position and velocity are set, the remainder of the geodesic is completely determined by a second order differential equation known as the geodesic equation. This is in contrast with the usual case in circuit design, either classical or quantum, where being given part of an optimal circuit does not obviously assist in the design of the rest of the circuit. Geodesic analysis thus offers a potentially powerful approach to the problem of proving quantum circuit lower bounds. In this paper we construct several Finsler metrics whose minimal length geodesics provide lower bounds on quantum circuit size. For each Finsler metric we give a procedure to compute the corresponding geodesic equation. We also construct a large class of solutions to the geodesic equation, which we call Pauli geodesics, since they arise from isometries generated by the Pauli group. For any unitary U diagonal in the computational basis, we show that: (a) provided the minimal length geodesic is unique, it must be a Pauli geodesic; (b) finding the length of the minimal Pauli geodesic passing from I to U is equivalent to solving an exponential size instance of the closest vector in a lattice problem (CVP); and (c) all but a doubly exponentially small fraction of such unitaries have minimal Pauli geodesics of exponential length.

Chaos Theory as an Approach to Understanding MICE in Time of Crisis

MICE (meetings, incentives, conventions, and exhibitions), has generated high foreign exchange revenue for the economy worldwide. In Thailand, MICE tourists are recognized as ‘quality’ visitors, mainly because of their high-spending potential. Having said that, Thailand’s MICE sector has been influenced by a number of crises following September 11, 2001. Consequently, professionals in the MICE sector must be prepared to deal with such complex phenomena of crisis that might happen in the future. While a number of researches have examined the complexity of crises in the tourism context, there has been little focus on such issues in the MICE sector. As chaos theory provides a particularly good model for crisis situations, it is the aim of this paper to propose a chaos theory-based approach to the understanding of complex and chaotic system of the MICE sector in time of crisis.

A genetic algorithm approach to optimising component placement and retrieval sequence for chip shooter machines

A chip shooter machine in printed circuit board (PCB) assembly has three movable mechanisms: an X-Y table carrying a PCB, a feeder carrier with several feeders holding components and a rotary turret with multiple assembly heads to pick up and place components. In order to get the minimal placement or assembly time for a PCB on the machine, all the components on the board should be placed in a perfect sequence, and the components should be set up on a right feeder, or feeders since two feeders can hold the same type of components, and additionally, the assembly head should retrieve or pick up a component from a right feeder. The entire problem is very complicated, and this paper presents a genetic algorithm approach to tackle it.

A new approach to neuroimaging with magnetoencephalography

We discuss the application of beamforming techniques to the field of magnetoencephalography (MEG). We argue that beamformers have given us an insight into the dynamics of oscillatory changes across the cortex not explored previously with traditional analysis techniques that rely on averaged evoked responses. We review several experiments that have used beamformers, with special emphasis on those in which the results have been compared to those observed in functional magnetic resonance imaging (fMRI) and on those studying induced phenomena. We suggest that the success of the beamformer technique, despite the assumption that there are no linear interactions between the mesoscopic local field potentials across distinct cortical areas, may tell us something of the balance between functional integration and segregation in the human brain. What is more, MEG beamformer analysis facilitates the study of these complex interactions within cortical networks that are involved in both sensory-motor and cognitive processes. © 2005 Wiley-Liss, Inc.

Articulating discursive and materialist conceptions of practice in the logics approach to critical policy analysis

In this article it is argued that while Glynos and Howarth’s logics of critical explanation (LCE) offers an important and promising contribution to critical policy analysis, it, along with other approaches that focus on the meaning of social action, faces a growing challenge in the form of a so-called new materialist turn in social and political theory. The article argues that there is much to be gained for the logics approach in paying closer attention to the materiality of practices in terms not only of lending greater clarity to the conception and role of social practices in the logics approach but also in enabling it fully to deliver on its critical ambition. The article explores an alternative materialist approach to the study of social practices, which hails from the post-actor–networktheory tradition and which has ontological affinities with post-structuralism. The article begins with a brief analysis of the new materialist turn in its various guises. It then critically examines the logics approach, and, in particular its conception of practice. It then explores an alternative materialist and ethnographic reading of practice, focusing on medical and care practices. It concludes with an examination of the implications for a more materialist conception of practices for the LCE’s broad deconstructive, psychoanalytic and onto-political ambitions.

A Bayesian modeling approach to multi-dimensional sentiment distributions prediction

Sentiment analysis has long focused on binary classification of text as either positive or negative. There has been few work on mapping sentiments or emotions into multiple dimensions. This paper studies a Bayesian modeling approach to multi-class sentiment classification and multidimensional sentiment distributions prediction. It proposes effective mechanisms to incorporate supervised information such as labeled feature constraints and document-level sentiment distributions derived from the training data into model learning. We have evaluated our approach on the datasets collected from the confession section of the Experience Project website where people share their life experiences and personal stories. Our results show that using the latent representation of the training documents derived from our approach as features to build a maximum entropy classifier outperforms other approaches on multi-class sentiment classification. In the more difficult task of multi-dimensional sentiment distributions prediction, our approach gives superior performance compared to a few competitive baselines. © 2012 ACM.

Sparsity and "something else": an approach to encrypted image folding

A property of sparse representations in relation to their capacity for information storage is discussed. It is shown that this feature can be used for an application that we term Encrypted Image Folding. The proposed procedure is realizable through any suitable transformation. In particular, in this paper we illustrate the approach by recourse to the Discrete Cosine Transform and a combination of redundant Cosine and Dirac dictionaries. The main advantage of the proposed technique is that both storage and encryption can be achieved simultaneously using simple processing steps.

Early marketing matters:a time-varying parameter approach to persistence modeling

Are persistent marketing effects most likely to appear right after the introduction of a product? The authors give an affirmative answer to this question by developing a model that explicitly reports how persistent and transient marketing effects evolve over time. The proposed model provides managers with a valuable tool to evaluate their allocation of marketing expenditures over time. An application of the model to many pharmaceutical products, estimated through (exact initial) Kalman filtering, indicates that both persistent and transient effects occur predominantly immediately after a brand's introduction. Subsequently, the size of the effects declines. The authors theoretically and empirically compare their methodology with methodology based on unit root testing and demonstrate that the need for unit root tests creates difficulties in applying conventional persistence modeling. The authors recommend that marketing models should either accommodate persistent effects that change over time or be applied to mature brands or limited time windows only.

A stochastic frontier approach to modelling financial constraints in firms:an application to India

We propose the use of stochastic frontier approach to modelling financial constraints of firms. The main advantage of the stochastic frontier approach over the stylised approaches that use pooled OLS or fixed effects panel regression models is that we can not only decide whether or not the average firm is financially constrained, but also estimate a measure of the degree of the constraint for each firm and for each time period, and also the marginal impact of firm characteristics on this measure. We then apply the stochastic frontier approach to a panel of Indian manufacturing firms, for the 1997–2006 period. In our application, we highlight and discuss the aforementioned advantages, while also demonstrating that the stochastic frontier approach generates regression estimates that are consistent with the stylised intuition found in the literature on financial constraint and the wider literature on the Indian credit/capital market.

An integrative approach to developing an intercultural awareness strategy in a multicultural university

Universities are increasingly diverse places; in terms of staff and students, their nationality, ethnicity and religious backgrounds. HEIs need to find ways of ensuring that this diversity adds to the life of the institution and to the development of graduates as employees in a global workplace. The paper offers a case study of one way of developing an intercultural strategy at a UK university. The university concerned has a highly multicultural and multinational staff and student population. Over many years the university has worked to celebrate and embed this diversity into the culture and values of the institution; in its learning, teaching, business operations and relationships. The university wished to develop its intercultural awareness strategy in an inspirational and vibrant way, one which was informed by research and practice. The paper proposes a new integrative approach to developing an intercultural strategy, and summarises some reflections on the process of creating the intercultural awareness strategy which may be of use to other institutions. Analysis showed that in order to make the strategy effective there had to be commitment from senior management to match innovative practices at an individual level. It is also clear that such a strategy must include formal policies and procedures, as well as more informal channels to allow people to express intercultural differences and shared values. The critical role of middle management in strategy implementation is also discussed.

A quantitative approach to the organizational design problem

The span of control is the most discussed single concept in classical and modern management theory. In specifying conditions for organizational effectiveness, the span of control has generally been regarded as a critical factor. Existing research work has focused mainly on qualitative methods to analyze this concept, for example heuristic rules based on experiences and/or intuition. This research takes a quantitative approach to this problem and formulates it as a binary integer model, which is used as a tool to study the organizational design issue. This model considers a range of requirements affecting management and supervision of a given set of jobs in a company. These decision variables include allocation of jobs to workers, considering complexity and compatibility of each job with respect to workers, and the requirement of management for planning, execution, training, and control activities in a hierarchical organization. The objective of the model is minimal operations cost, which is the sum of supervision costs at each level of the hierarchy, and the costs of workers assigned to jobs. The model is intended for application in the make-to-order industries as a design tool. It could also be applied to make-to-stock companies as an evaluation tool, to assess the optimality of their current organizational structure. Extensive experiments were conducted to validate the model, to study its behavior, and to evaluate the impact of changing parameters with practical problems. This research proposes a meta-heuristic approach to solving large-size problems, based on the concept of greedy algorithms and the Meta-RaPS algorithm. The proposed heuristic was evaluated with two measures of performance: solution quality and computational speed. The quality is assessed by comparing the obtained objective function value to the one achieved by the optimal solution. The computational efficiency is assessed by comparing the computer time used by the proposed heuristic to the time taken by a commercial software system. Test results show the proposed heuristic procedure generates good solutions in a time-efficient manner.

AR-based Technoself Enhanced Learning Approach to Improving Student Engagement

The emerging technologies have expanded a new dimension of self – ‘technoself’ driven by socio-technical innovations and taken an important step forward in pervasive learning. Technology Enhanced Learning (TEL) research has increasingly focused on emergent technologies such as Augmented Reality (AR) for augmented learning, mobile learning, and game-based learning in order to improve self-motivation and self-engagement of the learners in enriched multimodal learning environments. These researches take advantage of technological innovations in hardware and software across different platforms and devices including tablets, phoneblets and even game consoles and their increasing popularity for pervasive learning with the significant development of personalization processes which place the student at the center of the learning process. In particular, augmented reality (AR) research has matured to a level to facilitate augmented learning, which is defined as an on-demand learning technique where the learning environment adapts to the needs and inputs from learners. In this paper we firstly study the role of Technology Acceptance Model (TAM) which is one of the most influential theories applied in TEL on how learners come to accept and use a new technology. Then we present the design methodology of the technoself approach for pervasive learning and introduce technoself enhanced learning as a novel pedagogical model to improve student engagement by shaping personal learning focus and setting. Furthermore we describe the design and development of an AR-based interactive digital interpretation system for augmented learning and discuss key features. By incorporating mobiles, game simulation, voice recognition, and multimodal interaction through Augmented Reality, the learning contents can be geared toward learner's needs and learners can stimulate discovery and gain greater understanding. The system demonstrates that Augmented Reality can provide rich contextual learning environment and contents tailored for individuals. Augment learning via AR can bridge this gap between the theoretical learning and practical learning, and focus on how the real and virtual can be combined together to fulfill different learning objectives, requirements, and even environments. Finally, we validate and evaluate the AR-based technoself enhanced learning approach to enhancing the student motivation and engagement in the learning process through experimental learning practices. It shows that Augmented Reality is well aligned with constructive learning strategies, as learners can control their own learning and manipulate objects that are not real in augmented environment to derive and acquire understanding and knowledge in a broad diversity of learning practices including constructive activities and analytical activities.