838 resultados para intentional tort
Resumo:
This study examined the acceptability and utility of the content of an extensive automobile tort voir dire questionnaire in Florida Circuit Civil Court. The ultimate purpose was to find questionnaire items from established measures that have demonstrated utility in uncovering biases that were at the same time not objectionable to the courts. The survey instrument included a venireperson questionnaire that used case-specific attitudinal and personality measures as well as typical information asked about personal history. The venireperson questionnaire incorporated measures that have proven reliable in other personal injury studies (Hans, & Lofquist, 1994). In order to examine judges' ratings, the questionnaire items were grouped into eight categories. Claims Consciousness scale measures general attitudes towards making claims based on one's legal rights. Belief in a Just World measures how sympathetic the juror would be to people who have suffered injuries. Political Efficacy is another general attitude scale that identifies attitudes towards the government. Litigation Crisis scales elicits attitudes about civil litigation. Case Specific Beliefs about Automobile Accidents and Litigation were taken from questionnaires developed and used in auto torts and other personal injury cases. Juror's personal history was divided into Demographics and Trial Relevant Attitudes. Ninety-seven circuit civil judges critiqued the questionnaire for acceptability, relevance to the type of case presented, and usefulness to attorneys for determining peremptories. ^ The majority of judges' responses confirmed that the central dimension in judicial thinking is juror qualification rather than juror partiality. Only three of the eight voir dire categories were considered relevant by more than 50 percent of the judges: Trial Relevant Experiences, Juror Demographics, and Tort Reform. Additionally, several acceptable items from generally disapproved categories were identified among the responses. These were general and case specific attitudinal items that are related to tort reform. We discuss the utility of voir dire items for discerning juror partiality. ^
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Catastrophic failure from intentional terrorist attacks on surface transportation infrastructure could he detrimental to the society. In order to minimize the vulnerabilities and to ensure a safe transportation system, the issue of security for transportation structures, primarily bridges, which are subjected to man-made hazards is investigated in this study. A procedure for identifying and prioritizing "critical bridges" using a screening and prioritization processes is established. For each of the "critical" bridges, a systematic risk-based assessment approach is proposed that takes into account the combination of threat occurrence likelihood, its consequences, and the socioeconomic importance of the bridge. A series of effective security countermeasures are compiled in the four categories of deterrence, detection, defense and mitigation to help reduce the vulnerability of critical bridges. The concepts of simplified equivalent I-shape cross section and virtual materials are proposed for integration into a nonlinear finite element model, which helps assess the performance of reinforced concrete structures with and without composite retrofit or hardening measures under blast loading. A series of parametric studies are conducted for single column and two-column pier frame systems as well as for an entire bridge. The parameters considered include column height, column type, concrete strength, longitudinal steel reinforcement ratio, thickness, fiber angle and tensile strength of the fiber reinforced polymer (FRP) tube, shape of the cross section, damping ratio and different bomb sizes. The study shows the benefits of hardening with composites against blast loading. The effect of steel reinforcement on blast resistance of the structure is more significant than the effect of concrete compressive strength. Moreover, multiple blasts do not necessarily lead to a more severe destruction than a single detonation at a strategically vulnerable location on the bridges.
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Over-consumption of alcoholic beverages is a concern of managers of hotels and motels with a club/lounge, restaurant, and tavern. The authors surveyed members of two industry associations in Oklahoma to ascertain alcohol server training methods and managers' perception of the value of such programs.
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This dissertation analyses, through a rhetorical framework and a literary approach, texts written in Catalan and Castilian by four Catalan female writers (Dolors Monserdà, Maria Aurèlia Capmany, Esther Tusquets, Monserrat Roig ), whose works cover from 1900 to the 1980. Utilizing this urban feminine literature, it discusses the historical-geographical vision about the changes in Catalan society during the twentieth century with its consequences for the urban space, especially the space occupied by women. It is also established that Barcelona's recovery and literary vindication by women has been done through the written text, as literary affirmation and as a matter of conscience in which the city could not be summed up as a backdrop, but rather as an active part of a literary creation, active in the double sense, as a socio-historical space in the novel and as characteristic of their works. The primary purpose of this dissertation is to demonstrate that the use of the city as a setting for the novels determines and characterizes those female writers' texts. Consequently, these writings are literary material relevant and essential to the understanding of the Barcelonian women's space. However their use of space is not arbitrary, on the contrary it corresponds to a social order established by the patriarchy where the relation of women to the world is embodied in the intentional and socially restricted space and movements of their bodies. The theoretical perspectives of this study are based on Montserrat Roig's feminist urban space theories. Her theory advocates the right to individuality, denouncing the patriarchal and hierarchical social system present in gendered space from the outside male world to the domestic feminized space. I also turn to the writings of Maria Aurèlia Capmany, who addresses cultural aspects of women's roles revealing a purposive controlled patriarchal society according to a historical-geographical analysis. This study of texts permits a new reading of the Catalan capital and demonstrates that Catalan women writers have consciously willed to give birth to a new history of the city: the history of women as protagonist citizens, producers, reproducers, and consumers of the space represented by the Catalan capital
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The country is experiencing a trend of alcohol server liability law suits resulting from dram shop statutes and common law liability, relatively recent developments in the field of tort law. The author, an expert on liquor liability law, explores the meaning of this trend for the hospitality industry.
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There is currently no national regulation of fixed site (ex. roller coaster) amusement ride safety. The current regulatory system is highly fragmented and consists of many disparate efforts by State and local agencies, judicial intervention in the form of tort litigation and industry self regulatory compliance. The Federal government has no authority over fixed site ride safety. The authors review the state of fixed site ride regulation and the merits of both centralized and de-centralized regulation, including a proposed Federal statute conferring jurisdiction of the matter upon the Consumer Products Safety Commission. They conclude with proposals for enhancing the management of fixed site ride safety.
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While researchers have devoted considerable attention to exploring the ways that intentional environmental reregulation creates new avenues for capital accumulation (e.g. Smith, 2007; Castree, 2008), it remains somewhat unclear how the less grandiose day-to-day work of environmental regulators may also help create new sources of ecological value. Through an ethnographic study of environmental regulators tasked with enforcing key environmental laws, I shed light on the subtle ways that rule interpretation and scientific practice structure the frames, models, and methodologies regulators use to enact “best professional judgments” about ecological systems, and ultimately to assign particular values to nature. I also show the ways that non-human nature pushes back against such assessments, which in combination with the interpretive work of environmental regulation, opens spaces of conflict in at least two arenas: one focused on modes of quantification, where actors contend between economistic, ecological, statutory, and moral frames for making value assessments; and one focused on presentations of value, where actors contend between value assessments that best represent their self-defined interests. The ‘value settlements’ environmental regulators reach in these contested spaces allow processes of commensuration to proceed, and ultimately make nature legible for capitalization and exchange. Accounting for the ways that these basic regulatory practice help create ecological value is essential for creating a fuller picture of the ways capital and natural capital relate.
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This study addresses the use of attitude and personality variables as predictors of compensation and award in a personal injury suit. Safety seeking behavior and attitudes toward tort reform are introduced as case-specific factors that may predict this verdict decision. Two hundred registered voters were surveyed on scales measuring attitudes toward safety, tort reform, and psychiatrists. Subjects also indicated their demographic characteristics and the degree of compensation and amount of award they would render the plaintiff in a civil suit. Results indicated attitudinal variables were more predictive of compensation and award than were demographic variables. The implications of these findings are discussed.
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Increasing useof nanomaterials in consumer products and biomedical applications creates the possibilities of intentional/unintentional exposure to humans and the environment. Beyond the physiological limit, the nanomaterialexposure to humans can induce toxicity. It is difficult to define toxicity of nanoparticles on humans as it varies by nanomaterialcomposition, size, surface properties and the target organ/cell line. Traditional tests for nanomaterialtoxicity assessment are mostly based on bulk-colorimetric assays. In many studies, nanomaterials have found to interfere with assay-dye to produce false results and usually require several hours or days to collect results. Therefore, there is a clear need for alternative tools that can provide accurate, rapid, and sensitive measure of initial nanomaterialscreening. Recent advancement in single cell studies has suggested discovering cell properties not found earlier in traditional bulk assays. A complex phenomenon, like nanotoxicity, may become clearer when studied at the single cell level, including with small colonies of cells. Advances in lab-on-a-chip techniques have played a significant role in drug discoveries and biosensor applications, however, rarely explored for nanomaterialtoxicity assessment. We presented such cell-integrated chip-based approach that provided quantitative and rapid response of cellhealth, through electrochemical measurements. Moreover, the novel design of the device presented in this study was capable of capturing and analyzing the cells at a single cell and small cell-population level. We examined the change in exocytosis (i.e. neurotransmitterrelease) properties of a single PC12 cell, when exposed to CuOand TiO2 nanoparticles. We found both nanomaterials to interfere with the cell exocytosis function. We also studied the whole-cell response of a single-cell and a small cell-population simultaneously in real-time for the first time. The presented study can be a reference to the future research in the direction of nanotoxicity assessment to develop miniature, simple, and cost-effective tool for fast, quantitative measurements at high throughput level. The designed lab-on-a-chip device and measurement techniques utilized in the present work can be applied for the assessment of othernanoparticles' toxicity, as well.
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Coding process is a fundamental aspect of cerebral functioning. The sensory stimuli transformation in neurophysiological responses has been a research theme in several areas of Neuroscience. One of the most used ways to measure a neural code e ciency is by the use of Information Theory measures, such as mutual information. Using these tools, recent studies show that in the auditory cortex both local eld potentials (LFPs) and action potential spiking times code information about sound stimuli. However, there are no studies applying Information Theory tools to investigate the e ciency of codes that use postsynaptics potentials (PSPs), alone and associated with LFP analysis. These signals are related in the sense that LFPs are partly created by joint action of several PSPs. The present dissertation reports information measures between PSP and LFP responses obtained in the primary auditory cortex of anaesthetized rats and auditory stimuli of distinct frequencies. Our results show that PSP responses hold information about sound stimuli in comparable levels and even greater than LFP responses. We have also found that PSPs and LFPs code sound information independently, since the joint analysis of these signals did neither show synergy nor redundancy.
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Os recentes avanços técnicos das duas últimas décadas para o registro de sinais neuroeletrofisiológicos foram essenciais para que se testassem hipóteses há muito propostas acerca de como células nervosas processam e armazenam informação. No entanto, ao permitir maior detalhamento dos dados coletados, as novas tecnologias levam inevitavelmente ao aumento de sua complexidade estatística e, consequentemente, à necessidade de novas ferramentas matemático-computacionais para sua análise. Nesta tese, apresentamos novos métodos para a análise de dois componentes fundamentais nas atuais teorias da codificação neural: (1) assembleias celulares, definidas pela co-ativação de subgrupos neuronais; e (2) o padrão temporal de atividade de neurônios individuais. Em relação a (1), desenvolvemos um método baseado em análise de componentes independentes para identificar e rastrear padrões de co-ativação significativos com alta resolução temporal. Superamos limitações de métodos anteriores, ao efetivamente isolar assembleias e abrir a possibilidade de analisar simultaneamente grandes populações neuronais. Em relação a (2), apresentamos uma nova técnica para a extração de padrões de atividade em trens de disparo baseada na decomposição wavelet. Demonstramos, por meio de simulações e de aplicação a dados reais, que nossa ferramenta supera as mais utilizadas atualmente para decodificar respostas de neurônios e estimar a informação de Shannon entre trens de disparos e estímulos externos.
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Unplanned pregnancy is experienced by millions of women worldwide. Such fact increases the risk of abortion-related morbimortality, which represents a serious public health problem. This study aims to evaluate the advances and challenges of the implementation of Humanized Abortion Care at the Maternity-School in Natal, state of Rio Grande do Norte. The research was evaluative, was preceded by an Evaluative Study, and resulted in a Case Study. The intentional sample totaled 102 subjects (60 users, 39 professionals and 3 managers). The collection techniques included documental analysis, semi-structured interview and observation with a field diary. The documental analysis was descriptive, while the Content Analysis by Bardin was used for semi-structured interviews and field diary. The Evaluative Study observed that Humanized Abortion Care is an evaluative program with preparation and pact of the logical model, of the matrix of indicators and evaluative questions. The Case Study showed that users were satisfied with the problem-solving capacity and access to the service; however, is also showed that they pointed out inadequacy in terms of environment, qualified hearing and reproductive planning. Professionals reported that the inefficiency of service consists of infrastructure and environment, which are considered inefficient and inadequate to humanized care, especially regarding patient accommodation, the lack of hospital beds, the reduced number of rooms in the surgical center and the lack of laboratory inside the maternity. Moreover, reproductive planning does not consist of an institutionalized practice in the service, and integrality with other services or partnership with the community is not in place. The Maternity Board emphasizes that the excessive demand of patients is one of the reasons that hinders the appropriate implementation of the technical standard. We then conclude that although satisfied regarding problem-solving capacity in terms of service and ease of access, there is room for improvement in qualified hearing systems, in the creation of a system to promote team work, implementation of ombudsman and satisfaction surveys. The right of shared choice did not prevail among users and health professionals with regard to the option of uterine evacuation procedure. Environment was the most mentioned category as that requiring more changes, seeing as a limited factor for the development of humanized and welcoming practices. Health professionals do not establish a periodic routine of planning practices, and such practices are not aligned with the Technical Standard. Incorporation of guidelines and availability of a plurality of methods and possibilities of choices for family planning are required. There is no institutionalization of reference and counter-reference, or partnerships with the community, which makes integrality of care not viable. The Standard needs to be included in the action plans of managers as one of the priorities in the construction of care strategies for women's health, in order to enable, allied to other initiatives, the real integration among safe conduct service, primary care network and social organizations. As a result, respect for human rights and adequate humanized care, as a way of attention and prevention of abortion, can be secured.
Resumo:
The main inputs to the hippocampus arise from the entorhinal cortex (EC) and form a loop involving the dentate gyrus, CA3 and CA1 hippocampal subfields and then back to EC. Since the discovery that the hippocampus is involved in memory formation in the 50's, this region and its circuitry have been extensively studied. Beyond memory, the hippocampus has also been found to play an important role in spatial navigation. In rats and mice, place cells show a close relation between firing rate and the animal position in a restricted area of the environment, the so-called place field. The firing of place cells peaks at the center of the place field and decreases when the animal moves away from it, suggesting the existence of a rate code for space. Nevertheless, many have described the emergence of hippocampal network oscillations of multiple frequencies depending on behavioral state, which are believed to be important for temporal coding. In particular, theta oscillations (5-12 Hz) exhibit a spatio-temporal relation with place cells known as phase precession, in which place cells consistently change the theta phase of spiking as the animal traverses the place field. Moreover, current theories state that CA1, the main output stream of the hippocampus, would interplay inputs from EC and CA3 through network oscillations of different frequencies, namely high gamma (60-100 Hz; HG) and low gamma (30-50 Hz; LG), respectively, which tend to be nested in different phases of the theta cycle. In the present dissertation we use a freely available online dataset to make extensive computational analyses aimed at reproducing classical and recent results about the activity of place cells in the hippocampus of freely moving rats. In particular, we revisit the debate of whether phase precession is due to changes in firing frequency or space alone, and conclude that the phenomenon cannot be explained by either factor independently but by their joint influence. We also perform novel analyses investigating further characteristics of place cells in relation to network oscillations. We show that the strength of theta modulation of spikes only marginally affects the spatial information content of place cells, while the mean spiking theta phase has no influence on spatial information. Further analyses reveal that place cells are also modulated by theta when they fire outside the place field. Moreover, we find that the firing of place cells within the theta cycle is modulated by HG and LG amplitude in both CA1 and EC, matching cross-frequency coupling results found at the local field potential level. Additionally, the phase-amplitude coupling in CA1 associated with spikes inside the place field is characterized by amplitude modulation in the 40-80 Hz range. We conclude that place cell firing is embedded in large network states reflected in local field potential oscillations and suggest that their activity might be seen as a dynamic state rather than a fixed property of the cell.
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Nicotine administration in humans and rodents enhances memory and attention, and also has a positive effect in Alzheimer's Disease. The Medial Septum / Diagonal Band of Broca complex (MS/DBB) – a main cholinergic system – massively projects to the hippocampus through the fimbria-fornix, and this pathway is called the septohippocampal pathway. It has been demonstrated that the MS/DBB acts directly on the local field potential (LFP) rhythmic organization of the hippocampus, especially in the rhythmogenesis of Theta (4-8Hz) – an oscillation intrinsically linked to hippocampus mnemonic function. In vitro experiments gave evidence that nicotine applied to the MS/DBB generates a local network Theta rhythm within the MS/DBB. Thus, the present study proposes to elucidate the function of nicotine in the MS/DBB on the septo-hippocampal pathway. In vivo experiments compared the effect of MS/DBB microinfusion of saline (n=5) and nicotine (n=8) on Ketamine/Xylazine anaesthetized mice. We observed power spectrum density in the Gamma range (35 to 55 Hz) increasing in both structures (Wilcoxon Rank-Sum test, p=0.038) but with no change in coherence between these structures in the same range (Wilcoxon Rank-Sum test, p=0.60). There was also a decrease in power of the ketamineinduced Delta oscillation (1 to 3 Hz). We also performed in vitro experiments on the effect of nicotine on membrane voltage and action potential. We patch-clamped 22 neurons in current-clamp mode; 12 neurons were responsive to nicotine, half of them increased firing rate and other 6 decreased, and they significantly differed in action potential threshold (-47.3±0.9 mV vs. -41±1.9 mV, respectively, p=0.007) and halfwidth time (1.6±0.08 ms vs. 2±0.12 ms, respectively, p=0.01). Furthermore, we performed another set of in vitro experiments concerning the connectivity of the three major neuronal populations of MS/DBB that use acetylcholine, GABA or glutamate as neurotransmitter. Paired patch-clamp recordings found that glutamatergic and GABAergic neurons realize intra-septal connections that produce sizable currents in MS/DBB postsynaptic neurons. The probability of connectivity between different neuronal populations gave rise to a MS/DBB topology that was implemented in a realistic model, which corroborates that the network is highly sensitive to the generation of Gamma rhythm. Together, the data available in the full set of experiments suggests that nicotine may act as a cognitive enhancer, by inducing gamma oscillation in the local circuitry of the MS/DBB.
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Neuroscientists have a variety of perspectives with which to classify different parts of the brain. With the rise of genetic-based techniques such as optogenetics, it is increasingly important to identify whether a group of cells, defined by morphology, function or anatomical location possesses a distinct pattern of expression of one or more genetic promoters. This would allow for better ways to study of these genetically defined subpopulations of neurons. In this work, I present a theoretical discussion and threeexperimental studies in which this was the main question being addressed. Paper I discusses the issues involved in selecting a promoter to study structures and subpopulations in the Ventral Tegmental Area. Paper II characterizes a subpopulation of cells in the Ventral Tegmental Area that shares the expression of a promoter and is anatomically very restricted, and induces aversion when stimulated. Paper III utilizes a similar strategy to investigate a subpopulation in the subthalamic nucleus that expresses PITX2 and VGLUT2 which, when inactivated, causes hyperlocomotion. Paper IV exploits the fact that a previously identified group of cells in the ventral hippocampus expresses CHRNA2, and indicates that this population may be necessary and sufficient for the establishment of the theta rhythm (2-8 Hz) in the Local Field Potential of anesthetized mice. All of these studies were guided by the same strategy of characterizing and studying the role of a genetically defined subpopulation of cells, and they demonstrate the different ways in which this approach can generate new discoveries.