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Movsesian, Mark L. "Law, Religion, and the COVID-19 Crisis". Journal of Law and Religion 37, n.º 1 (janeiro de 2022): 9–24. http://dx.doi.org/10.1017/jlr.2021.82.
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AbstractThis essay explores judicial responses to legal restrictions on worship during the COVID-19 pandemic and draws two lessons, one comparative and one relating specifically to U.S. law. As a comparative matter, courts across the globe have approached the problem in essentially the same way, through intuition and balancing. This has been the case regardless of what formal test applies, the proportionality test outside the United States, which expressly calls for judges to weigh the relative costs and benefits of a restriction, or the Employment Division v. Smith test inside the United States, which rejects judicial line-drawing and balancing in favor of predictable results. Judges have reached different conclusions about the legality of restrictions, of course, but doctrinal nuances have made little apparent difference. With respect to the United States specifically, the pandemic has revealed deep divisions about religion and religious freedom, among other things—divisions that have inevitably influenced judicial attitudes toward restrictions on worship. The COVID-19 crisis has revealed a cultural and political rift that makes consensual resolution of conflicts over religious freedom problematic, and perhaps impossible, even during a once-in-a-century pandemic.
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Wootten, Adrienne, e Ryan P. Boyles. "Comparison of NCEP Multisensor Precipitation Estimates with Independent Gauge Data over the Eastern United States". Journal of Applied Meteorology and Climatology 53, n.º 12 (dezembro de 2014): 2848–62. http://dx.doi.org/10.1175/jamc-d-14-0034.1.
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AbstractGauge-calibrated radar estimates of daily precipitation are compared with daily observed values of precipitation from National Weather Service (NWS) Cooperative Observer Network (COOP) stations to evaluate the multisensor precipitation estimate (MPE) product that is gridded by the National Centers for Environmental Prediction (NCEP) for the eastern United States (defined as locations east of the Mississippi River). This study focuses on a broad evaluation of MPE across the study domain by season and intensity. In addition, the aspect of precipitation type is considered through case studies of winter and summer precipitation events across the domain. Results of this study indicate a north–south gradient in the error of MPE and a seasonal pattern with the highest error in summer and autumn and the lowest error in winter. Two case studies of precipitation are also considered in this study. These case studies include instances of intense precipitation and frozen precipitation. These results suggest that MPE is less able to estimate convective-scale precipitation as compared with precipitation variations at larger spatial scales. In addition, the results suggest that MPE is subject to errors related both to the measurement gauges and to the radar estimates used. Two case studies are also included to discuss the differences with regard to precipitation type. The results from these case studies suggest that MPE may have higher error associated with estimating the liquid equivalent of frozen precipitation when compared with NWS COOP network data. The results also suggest the need for more analysis of MPE error for frozen precipitation in diverse topographic regimes.
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Warren, Ian, Monique Mann e Adam Molnar. "Lawful Illegality: Authorizing Extraterritorial Police Surveillance". Surveillance & Society 18, n.º 3 (19 de agosto de 2020): 357–69. http://dx.doi.org/10.24908/ss.v18i3.12795.
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This paper examines Lisa Austin’s (2015) concept of lawful illegality, which interrogates the legal foundations for potentially unlawful surveillance practices by United States (US) signals intelligence (SIGINT) agencies. Lawful illegality involves the technically lawful operation of surveillance powers that might be considered unlawful when examined through a rule of law framework. We argue lawful illegality is expanding into domestic policing through judicial decisions that sanction complex and technically sophisticated forms of remote online surveillance, such as the use of malware, remote hacking, or Network Investigative Techniques (NITs). Operation Pacifier targeted and dismantled the Playpen dark web site, which was used for distributing child exploitation material (CEM), and has generated many judicial rulings examining the legality of remote surveillance by the FBI. We have selected two contrasting cases that demonstrate how US domestic courts have employed distinct logics to determine the admissibility of evidence collected through the NIT deployed in Operation Pacifier. The first case, United States v. Carlson (2017 US Dist. LEXIS 67991), offers a critical view of the use of NITs by the FBI, with physical geography constraining the legality of this form of surveillance in US criminal procedure. The second case, United States v. Gaver (2017 US Dist. LEXIS 44757), authorizes the use of NITs because the need to control crime is believed to justify suspending the geographic limits on police surveillance to identify people involved in the creation and dissemination of CEM. We argue this crime control emphasis expands the reach of US police surveillance while undermining due process of law by removing the protective function of geography. We conclude by suggesting the permissive geographic scope of police surveillance reflected in United States v. Gaver (2017 US Dist. LEXIS 44757), and many other Playpen cases, erodes due process for all crime suspects, but is particularly acute for people located outside the US, and suggest a neutral transnational arbiter could help limit contentious forms of remote extraterritorial police surveillance.
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Hoffmann-Riem, Wolfgang. "Two Hundred Years of Marbury v. Madison: The Struggle for Judicial Review of Constitutional Questions in the United States and Europe". German Law Journal 5, n.º 6 (1 de junho de 2004): 685–701. http://dx.doi.org/10.1017/s2071832200012797.
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This year we celebrate a United States Supreme Court decision that marks the beginning of modern jurisdiction over constitutional questions: Marbury v. Madison. This is all the more remarkable since, when it was decided two hundred years ago in 1803, it was controversial and many still maintain it was wrongly decided. Chief Justice Marshall ruled on a dispute which he had earlier had a hand in causing, since the alleged legal error – the untimely delivery of a commission to Justice of the Peace Marbury – fell within his area of responsibility as Secretary of State. He dismissed the petition because the incorrect legal procedure had been chosen. However, he did not examine this question at the outset but – contrary to the accepted procedural rules of his time – at the end. This left room for a wide-ranging discussion of the right of judicial review, which was not required by law, and was, therefore, obiter dicta. Thomas Jefferson later referred to this discussion as the Chief Justice's “obiter dissertation.” Of course, Adams himself contended that the case turned on the judicial right of review, since this was a component of his argument that the petition should be dismissed.
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Xu, Tian Atlas. "Immigration Attorneys and Chinese Exclusion Law Enforcement: The Case of San Francisco, 1882–1930". Journal of American Ethnic History 41, n.º 1 (1 de outubro de 2021): 50–76. http://dx.doi.org/10.5406/jamerethnhist.41.1.0050.
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Abstract This article examines the historical correlations between Chinese exclusion law enforcement and the career patterns of immigration attorneys in San Francisco. Built on a rich historiography about Chinese exclusion and state formation in the United States, it views these attorneys as a unique interest group to make sense of their intermediary role between the administrative state and the transnational Chinese community. Drawing from both traditional sources and a collection recently made public by Stanford University, it looks at three groups of Euro-American lawyers who, for five decades, dominated the business of Chinese immigration legal services at the Golden Gate: lawyers from the private sector, former United States attorneys, and officials-turned-attorneys who emerged in the late 1910s. The article argues that these lawyers’ background and priorities closely corresponded and evolved with the decline of judicial review and the rise of the immigration authorities’ near-plenary power over the project of exclusion. The lawyers’ work provides fresh insights into the key paradox in the history of Chinese exclusion, that despite its constant search for efficiency, local enforcement of the exclusion laws often reduced the anti-Chinese policy to routinized, counterproductive procedures. It finds that many US attorneys and immigration inspectors who later chose to become attorneys for the Chinese had been diligent federal employees. Their shifting positions prove bureaucratic malice towards Chinese immigrants to be anything but monolithic and challenge historians’ established dichotomy between an anti-Chinese state and Chinese in America.
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Valeo, C., e I. K. Tsanis. "Two case studies of dilution models applied to thermal discharges". Canadian Journal of Civil Engineering 23, n.º 1 (1 de fevereiro de 1996): 193–201. http://dx.doi.org/10.1139/l96-020.
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The United States Environmental Protection Agency models CORMIX2 and UM were used to predict the ambient temperature rises from thermal discharges near Charlestown, Rhode Island, and Jamesport, Long Island, New York. Observations from two scaled model laboratory studies conducted at Alden Research Laboratories Inc. (ARL) were compared with temperature rise predictions from two numerical models. For the ARL diffuser at Jamesport, both numerical models underestimated the observed temperature rises. In the Charlestown study, UM produced results that were in good agreement with the temperature rises observed, whereas CORMIX2 underpredicted observations but remained within the model's stipulated ±50% error. However, UM was unable to model the plume shape properly, since it is primarily intended for alternating diffusers. The predicted wastefield shapes of CORMIX2 were similar to those observed in the laboratory but of greater surface area. Key words: multiport diffusers, thermal discharges, initial dilution.
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WHITTINGTON, KEITH E. "“Interpose Your Friendly Hand”: Political Supports for the Exercise of Judicial Review by the United States Supreme Court". American Political Science Review 99, n.º 4 (31 de outubro de 2005): 583–96. http://dx.doi.org/10.1017/s0003055405051890.
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The exercise of constitutional review by an independent and active judiciary is commonly regarded as against the interest of current government officials, who presumably prefer to exercise power without interference. In this article, I advance an “overcoming obstructions” account of why judicial review might be supported by existing power holders. When current elected officials are obstructed from fully implementing their own policy agenda, they may favor the active exercise of constitutional review by a sympathetic judiciary to overcome those obstructions and disrupt the status quo. This provides an explanation for why current officeholders might tolerate an activist judiciary. This dynamic is illustrated with case studies from American constitutional history addressing obstructions associated with federalism, entrenched interests, and fragmented and cross-pressured political coalitions.
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Shemtob, Zachary Baron. "The Catholic and Jewish Court: Explaining the Absence of Protestants on the Nation's Highest Judicial Body". Journal of Law and Religion 27, n.º 2 (janeiro de 2012): 359–96. http://dx.doi.org/10.1017/s0748081400000424.
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Following the 2006 retirement of Sandra Day O'Connor and the confirmation of Samuel Alito to succeed her, Roman Catholics formed a majority on the United States Supreme Court for the first time in this institution's 210-year history. This Catholic majority was further strengthened by the appointment of Sonia Sotomayor in 2009. Perhaps even more remarkably, by the time of Elena Kagan's first case in October of 2010, not a single Protestant sat on the nation's highest judicial body.By way of comparison, in 1960 the Court consisted of seven Protestants, one Catholic and one Jew; in 1985, eight Protestants and one Catholic sat on the Court. This phenomenon is further reflected in judicial appointments. Since 1985, only one Protestant has been appointed,4 Justice David Souter, compared to seven Catholics and three Jews. The prima facie reason for this transformation is simple: President Reagan began the Protestant erosion by appointing two Catholics; George H.W. Bush followed by appointing a Catholic; and Bill Clinton, George W. Bush, and Barack Obama chose only Jewish and Catholic nominees. The deeper reasons, which are considerably more complex, are the focus of this article.
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Taylor, Andrew A., e Lance M. Leslie. "A Single-Station Approach to Model Output Statistics Temperature Forecast Error Assessment". Weather and Forecasting 20, n.º 6 (1 de dezembro de 2005): 1006–20. http://dx.doi.org/10.1175/waf893.1.
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Abstract Error characteristics of model output statistics (MOS) temperature forecasts are calculated for over 200 locations around the continental United States. The forecasts are verified on a station-by-station basis for the year 2001. Error measures used include mean algebraic error (bias), mean absolute error (MAE), relative frequency of occurrence of bias and MAE values, and the daily forecast errors themselves. A case study examining the spatial and temporal evolution of MOS errors is also presented. The error characteristics presented here, together with the case study, provide a more detailed evaluation of MOS performance than may be obtained from regionally averaged error statistics. Knowledge concerning locations where MOS forecasts have large errors or biases and why those errors or biases exist is of great value to operational forecasters. Not only does such knowledge help improve their forecasts, but forecaster performance is often compared to MOS predictions. Examples of biases in MOS forecast errors are illustrated by examining two stations in detail. Significant warm and cold biases are found in maximum temperature forecasts for Los Angeles, California (LAX), and minimum temperature forecasts for Las Vegas, Nevada (LAS), respectively. MAE values for MOS temperature predictions calculated in this study suggest that coastal stations tend to have lower MAE values and lower variability in their errors, while forecasts with high MAE and error variability are more frequent in the interior of the United States. Therefore, MAE values from samples of MOS forecasts are directly proportional to the variance in the observations. Additionally, it is found that daily maximum temperature forecast errors exhibit less variability during the summer months than they do over the rest of the year, and that forecasts for any one station rarely follow a consistent temporal pattern for more than two or three consecutive days. These inconsistent error patterns indicate that forecasting temperatures based on recent trends in MOS forecast errors at an individual station is usually not a good strategy. As shown in earlier studies by other authors and demonstrated again here, MOS temperature forecasts are often inaccurate in the vicinity of strong temperature gradients, for locations affected by shallow cold air masses, or for stations in regions of anomalously warm or cold temperatures. Finally, a case study is presented examining the spatial and temporal distributions of MOS temperature forecast errors across the United States from 13 to 15 February 2001. During this period, two surges of cold arctic air moved south into the United States. In contrast to error trends at individual stations, nationwide spatial and temporal patterns of MOS forecast errors could prove to be a powerful forecasting tool. Nationwide plots of errors in MOS forecasts would be useful if made available in real time to operational forecasters.
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Di Paolo, Jennifer. "Violence Against Native American Women in the United States". Politikon: The IAPSS Journal of Political Science 20 (29 de junho de 2013): 174–87. http://dx.doi.org/10.22151/politikon.20.12.
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In response to the topic of Global Justice and Human Rights: Country Case Studies, I will discuss the origin and continuation of violence against Native American women in the United States. In a report named Maze of Injustice: The Failure to Protect Indigenous Women from Violence by Amnesty International, the organization deemed the current status of violence against indigenous women one of the most pervasive yet hidden human rights abuses. The U.S Department of Justice has found that Native American and Native Alaskan women are 2.5 times more likely to be raped or sexually assaulted. During an International Expert Group Meeting discussing Combatting Violence Against Indigenous Women and Girls, the United Nations Department of Economic and Social Affairs declared it a human rights issue of epidemic proportions. One in three Native American women are raped and three in five are physically assaulted. In reference to interracial violence, four out of five Native American victims of sexual assault reported that the perpetrator was white. Unfortunately due to the shame and stigma surrounding topics such as sexual assault and rape it is estimated that in reality these numbers are far higher. Scholars and historians of pre-colonial Native societies have found that during this period women held prominent positions and violence against women was rare. With colonization came a radical change to the role of women in Native society. Gender based violence and the exclusion of women in important positions was a powerful tool used by British settlers to dismantle the structures of native society and ultimately conquer it. Presently, due to the inadequate legal power given to Indian nations the crisis is not being dealt with efficiently. For example, Indian nations are unable to prosecute non-Indian offenders. In my discussion of violence against Native women in the United States I will begin by analyzing its colonial origins. Next I will discuss why this violence persists today with reference to laws and judicial processes. Finally, I will discuss what must be done to end these human rights abuses.
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Benjamin, Stanley G., Barry E. Schwartz, Edward J. Szoke e Steven E. Koch. "The Value of Wind Profiler Data in U.S. Weather Forecasting". Bulletin of the American Meteorological Society 85, n.º 12 (1 de dezembro de 2004): 1871–86. http://dx.doi.org/10.1175/bams-85-12-1871.
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An assessment of the value of data from the NOAA Profiler Network (NPN) on weather forecasting is presented. A series of experiments was conducted using the Rapid Update Cycle (RUC) model/assimilation system in which various data sources were denied in order to assess the relative importance of the profiler data for short-range wind forecasts. Average verification statistics from a 13-day cold-season test period indicate that the profiler data have a positive impact on short-range (3–12 h) forecasts over the RUC domain containing the lower 48 United States, which are strongest at the 3-h projection over a central U.S. subdomain that includes most of the profiler sites, as well as downwind of the profiler observations over the eastern United States. Overall, profiler data reduce wind forecast errors at all levels from 850 to 150 hPa, especially below 300 hPa where there are relatively few automated aircraft observations. At night when fewer commercial aircraft are flying, profiler data also contribute strongly to more accurate 3-h forecasts, including near-tropopause maximum wind levels. For the test period, the profiler data contributed up to 20%–30% (at 700 hPa) of the overall reduction of 3-h wind forecast error by all data sources combined. Inclusion of wind profiler data also reduced 3-h errors for height, relative humidity, and temperature by 5%-15%, averaged over different vertical levels. Time series and statistics from large-error events demonstrate that the impact of profiler data may be much larger in peak error situations. Three data assimilation case studies from cold and warm seasons are presented that illustrate the value of the profiler observations for improving weather forecasts. The first case study indicates that inclusion of profiler data in the RUC model runs for the 3 May 1999 Oklahoma tornado outbreak improved model guidance of convective available potential energy (CAPE), 300-hPa wind, and precipitation in southwestern Oklahoma at the onset of the event. In the second case study, inclusion of profiler data led to better RUC precipitation forecasts associated with a severe snow and ice storm that occurred over the central plains of the United States in February 2001. A third case study describes the effect of profiler data for a tornado event in Oklahoma on 8 May 2003. Summaries of National Weather Service (NWS) forecaster use of profiler data in daily operations, although subjective, support the results from these case studies and the statistical forecast model impact study in the broad sense that profiler data contribute significantly to improved short-range forecasts over the central United States where these observations currently exist.
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HUNTER, P. R. "Modelling the impact of prior immunity, case misclassification and bias on case-control studies in the investigation of outbreaks of cryptosporidiosis". Epidemiology and Infection 125, n.º 3 (dezembro de 2000): 713–18. http://dx.doi.org/10.1017/s0950268800004854.
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Cryptosporidiosis is the most common cause of outbreaks of disease linked to mains water supply in the United Kingdom and the second commonest in the United States. Recent evidence has suggested that prior population immunity may have an impact on the epidemiology of waterborne outbreaks and in particular prior immunity may reduce the power of case-control studies for demonstrating association between disease and water consumption behaviour. However, the degree of impact of prior immunity on the power of epidemiological studies is not yet clear. This paper reports the results of some simple mathematical models of outbreaks of waterborne disease in populations with varying levels of immunity due to prior water and non-water exposure. The basic outbreak model was run on a spreadsheet. To determine the impact of prior immunity on case-control studies, further analysis was done using a Monte Carlo method to simulate sampling from cases and controls. It was found that moderate degrees of prior immunity due to water associated disease could markedly reduce the relative risk of water consumption on illness in waterborne outbreaks. In turn this would reduce the power of case-control studies. In addition, this model was used to demonstrate the impact of case misclassification and recall bias on case-control studies. Again it was found that within the model, the results of case-control studies could be significantly affected by both these sources of error. Anyone conducting epidemiological investigations of potentially waterborne outbreaks of disease should be aware of the epidemiological problems. Mistakes from case-control studies will be minimized if the outbreak team pays considerable attention to the descriptive phase of the investigation and if case-control studies are conducted as soon as possible after an outbreak is detected.
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Whiteman, D. N., B. Demoz, G. Schwemmer, B. Gentry, P. Di Girolamo, D. Sabatino, J. Comer et al. "Raman Lidar Measurements during the International H2O Project. Part II: Case Studies". Journal of Atmospheric and Oceanic Technology 23, n.º 2 (1 de fevereiro de 2006): 170–83. http://dx.doi.org/10.1175/jtech1839.1.
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Abstract The NASA GSFC Scanning Raman Lidar (SRL) participated in the International H2O Project (IHOP) that occurred in May and June 2002 in the midwestern part of the United States. The SRL system configuration and methods of data analysis were described in Part I of this paper. In this second part, comparisons of SRL water vapor measurements and those of Lidar Atmospheric Sensing Experiment (LASE) airborne water vapor lidar and chilled-mirror radiosonde are performed. Two case studies are then presented: one for daytime and one for nighttime. The daytime case study is of a convectively driven boundary layer event and is used to characterize the daytime SRL water vapor random error characteristics. The nighttime case study is of a thunderstorm-generated cirrus cloud case that is studied in its meteorological context. Upper-tropospheric humidification due to precipitation from the cirrus cloud is quantified as is the cirrus cloud optical depth, extinction-to-backscatter ratio, ice water content, cirrus particle size, and both particle and volume depolarization ratios. A stability and back-trajectory analysis is performed to study the origin of wave activity in one of the cloud layers. These unprecedented cirrus cloud measurements are being used in a cirrus cloud modeling study.
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NSHI, GOODLUCK, e Dana Hill. "Medication Errors Despite the Utilization of Electronic Medical Record: Examining The Missing Link From Nurses’ Perspective". Nursing Scope 4, n.º 1 (1 de agosto de 2021): 1–9. http://dx.doi.org/10.59073/thenursingscope41/1-9.
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Background: The Electronic Medical Record (EMR) system has proven to be very reliable in reducing medication errors and improving patient safety. It offers quick access to patient's medical information and alerts clinicians on safety issues such as allergies to medication, wrong patient, wrong medication, or other factors such as contraindication or potential drug interactions. Despite widespread implementation of the use of the EMR system in hospitals across the United States, medication errors still occur, with thousands of medication error-related incident reports being filed yearly. Antibiotics, anticoagulants, anti-hypertensive agents, and oral hypoglycemic agents are the most reported medicines involved in medication errors. To lock the loopholes leading to such errors, the missing links must be identified and fixed. Objective: The study sought to find out the missing links that lead to medication errors despite utilizing the EMR system from the nurses’ perspectives and proffer solutions to close the missing links. Method: The study was a qualitative analysis from case studies with incident reports filed by nurses on medication errors in hospitals in different States across the United States. Results: Eight missing links that lead to medication errors while using the EMR were identified in the study. Solutions for medication error prevention were recommended. Conclusion and Recommendation: Medication errors still occur despite the deployment of the EMR system. The study identified medication errors that still occur despite the utilization of EMR from nurses' perspectives and recommended solutions for fixing the missing links. It was recommended that as hospitals review each incident report involving medication errors, the error should be reviewed as a breakdown in the system and not as intentional.
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Raj, Md Alamgir Sarkar. "Assessing the Legal Framework and Socioeconomic Impacts of Compensation for Wrongfully Convicted and Imprisoned Persons in Bangladesh: Challenges and Policy Recommendations". Cognizance Journal of Multidisciplinary Studies 4, n.º 6 (30 de junho de 2024): 456–66. http://dx.doi.org/10.47760/cognizance.2024.v04i06.028.
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This study delves into the social consequences of convictions in Bangladesh, underscoring the pressing call for thorough legislative and policy changes. It critically assesses the structure and its shortcomings in offering just compensation to those wrongfully convicted, as exemplified by prominent cases like Jahalam, Abdul Jalil, Javed Ali and Sheikh Zahid. Through a research methodology involving literature reviews, case studies, interviews and surveys, the study sheds light on the psychological and financial burdens exonerees and their loved ones face. Comparative analyses of compensation mechanisms in countries like the United States, United Kingdom, Canada, and Australia reveal best practices and underscore the gaps in Bangladesh's current system. Recommendations include enacting specific compensation legislation, establishing a dedicated compensation fund, enhancing procedural safeguards, and offering comprehensive post-exoneration support. By implementing these measures, Bangladesh can better align with international human rights standards and uphold the constitutional rights of its citizens. This study aims to contribute to the broader discourse on justice reform, advocating for a structured and humane approach to addressing wrongful convictions. The findings underscore the importance of legal and institutional reforms in ensuring that justice prevails for those wrongfully convicted, ultimately reinforcing the integrity and fairness of Bangladesh's judicial system.
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Zhang, Jian, Youcun Qi, David Kingsmill e Kenneth Howard. "Radar-Based Quantitative Precipitation Estimation for the Cool Season in Complex Terrain: Case Studies from the NOAA Hydrometeorology Testbed". Journal of Hydrometeorology 13, n.º 6 (1 de dezembro de 2012): 1836–54. http://dx.doi.org/10.1175/jhm-d-11-0145.1.
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Abstract This study explores error sources of the National Weather Service operational radar-based quantitative precipitation estimation (QPE) during the cool season over the complex terrain of the western United States. A new, operationally geared radar QPE was developed and tested using data from the National Oceanic and Atmospheric Administration Hydrometeorology Testbed executed during the 2005/06 cool season in Northern California. The new radar QPE scheme includes multiple steps for removing nonprecipitation echoes, constructing a seamless hybrid scan reflectivity field, applying vertical profile of reflectivity (VPR) corrections to the reflectivity, and converting the reflectivity into precipitation rates using adaptive Z–R relationships. Specific issues in radar rainfall accumulations were addressed, which include wind farm contaminations, blockage artifacts, and discontinuities due to radar overshooting. The new radar QPE was tested in a 6-month period of the 2005/06 cool season and showed significant improvements over the current operational radar QPE (43% reduction in bias and 30% reduction in root-mean-square error) when compared with gauges. In addition, the new technique minimizes various radar artifacts and produces a spatially continuous rainfall product. Such continuity is important for accurate hydrological model predictions. The new technique is computationally efficient and can be easily transitioned into operations. One of the largest remaining challenges is obtaining accurate radar QPE over the windward slopes of significant mountain ranges, where low-level orographic enhancement of precipitation is not resolved by the operational radars leading to underestimation. Additional high-resolution and near-surface radar observations are necessary for more accurate radar QPE over these regions.
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Titko, I. A., e K. A. Yukhymenko. "Exceptions to the concept of «fruit of the poisonous tree»: application in judicial practice". Analytical and Comparative Jurisprudence, n.º 4 (27 de novembro de 2022): 377–84. http://dx.doi.org/10.24144/2788-6018.2022.04.68.
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The article discloses and details the statement about the desabsolutization of the concept based on modern scientific developments and judicial practice of the Supreme Court (Ukraine), legal positions of the European Court of Human Rights and the Supreme Court of the United States. The main rules-exceptions: «independent source», «inavitable discovery, «purged taint», «harmless error» and «good-faith exception» formed under the influence of the Anglo-Saxon legal system are highlighted. The essence of each of them is analyzed in view of the international historical excursion and the modern law enforcement practice of diferent courts. The problem of the lack of unity in the perception of the specified exceptions at both the applied and the doctrinal level due to their genesis, the uncertainty of their application in the national criminal process is highlighted, and ways to solve it are proposed. It is noted that the Supreme Court (of Ukraine) actively borrows progressive foreign experience, including through the prism of "fruit of the poisonous tree" exceptions, but in correlation with the peculiarities of the national legal system.It has been proven that their use requires careful research taking into account the circumstances of a specific case, because international standards of observance of human rights and freedoms should have a guiding influence on national courts. Аt the same time their unjustified use can lead to a violation of the rights and freedoms of a person in the process of criminal proceedings and to an unfair trial, in general. It has been argued that exceptions to the "fruit of the poisonous tree" rule are justified as long as they serve as compensatory mechanisms to ensure the fairness of the trial as an international standard.At the same time, our analysis of judicial practice and scientific sources provides grounds for asserting that, unlike the very concept of "fruits of the poisonous tree", exceptions to it are not characterized by unity in perception and application at both the applied and doctrinal levels.
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Myronenko, Nataliia M., Olena O. Shtefan, Yuliia O. Kedia, Olha B. Derkach e Kateryna O. Semeniuk. "Creative Approaches to the Creation of Contemporary Art Objects and Features of their Legal Protection". International Journal of Criminology and Sociology 10 (31 de dezembro de 2020): 368–82. http://dx.doi.org/10.6000/1929-4409.2021.10.45.
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This study is devoted to the analysis of the current state of legislation of Ukraine and EU countries on copyright protection of works with an unstable form of expression, as well as to determine the features of the legal protection of such objects. The purpose of the article was to explore the existing possibilities in the law of Ukraine and the law of the EU countries for the protection of works with an unstable form of their expression. The article, based on the analysis of international legal acts and national legislation, highlights the elements of protection of works. A significant place in work is devoted to the analysis of theoretical, legislative approaches to the definition of "creativity", "originality", "novelty". It is stated that there is no single waste to the definition of these concepts in the literature and not regulated in the legislation in the field of copyright. A comparative legal analysis of the case-law of the United Kingdom and the United States on the provision of legal protection to works with an unstable form. It is concluded that the normative definition of “creative work”, which is associated exclusively with works of cultural value, is not acceptable for copyright. The article analyses the judicial practice of Ukraine, which has developed in the definition of creative work and illustrates its ambiguity. It is concluded that judges, considering such cases, try to find some stable elements that are inherent in works with an unstable form of expression.
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Pryor, Kenneth L. "Progress and Developments of Downburst Prediction Applications of GOES". Weather and Forecasting 30, n.º 5 (1 de outubro de 2015): 1182–200. http://dx.doi.org/10.1175/waf-d-14-00106.1.
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Abstract The National Environmental Satellite, Data, and Information Service (NESDIS) Center for Satellite Applications and Research (STAR) has developed and evaluated a suite of products that assess convective storm–generated downburst potential derived from Geostationary Operational Environmental Satellite-13–15 (GOES-13–15). The existing suite of downburst prediction algorithms employs the GOES sounder to calculate risk based on conceptual models of favorable environmental thermodynamic profiles for downburst occurrence. A diagnostic nowcasting product, the Microburst Windspeed Potential Index (MWPI), is designed to identify attributes of a favorable downburst environment: 1) the presence of large CAPE and 2) the presence of a surface-based or elevated mixed layer with a large temperature lapse rate. This paper provides an updated assessment of the MWPI algorithm, presents case studies demonstrating effective operational use of the MWPI product, and presents validation results for the Great Plains and mid-Atlantic coastal region of the United States. MWPI data were collected for downburst events that occurred during the convective seasons of 2007–13 and were validated against surface observations of convective wind gusts as recorded by wind sensors in high quality mesonetworks over the southern Great Plains and the Chesapeake Bay region. Favorable validation results include a correlation greater than 0.6 and low mean error [<0.1 knot (kt; where 1 kt = 0.51 m s−1)] between MWPI values and measured confirmed downburst wind speeds over contrasting climate regions of the continental United States. Case studies over the mid-Atlantic region and northern Florida highlight the adaptability of the MWPI algorithm to severe convective storm forecasting and warning operations.
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Zhang, Jiaying, Liao-Fan Lin e Rafael L. Bras. "Effect of Logarithmically Transformed IMERG Precipitation Observations in WRF 4D-Var Data Assimilation System". Water 12, n.º 7 (5 de julho de 2020): 1918. http://dx.doi.org/10.3390/w12071918.
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Precipitation estimates from numerical weather prediction (NWP) models are uncertain. The uncertainties can be reduced by integrating precipitation observations into NWP models. This study assimilates Version 04 Integrated Multi-satellite Retrievals for the Global Precipitation Measurement (GPM) (IMERG) Final Run into the Weather Research and Forecasting (WRF) model data assimilation (WRFDA) system using a four-dimensional variational (4D-Var) method. Three synoptic-scale convective precipitation events over the central United States during 2015–2017 are used as case studies. To investigate the effect of logarithmically transformed IMERG precipitation in the WRFDA system, this study reports on several experiments with six-hour and hourly assimilation windows, regular (nontransformed) and logarithmically transformed observations, and a constant observation error in regular and logarithmic spaces. Results show that hourly assimilation windows improve precipitation simulations significantly compared to six-hour windows. Logarithmically transformed precipitation does not improve precipitation estimations relative to nontransformed precipitation. However, better predictions of heavy precipitation can be achieved with a constant error in the logarithmic space (corresponding to a linearly increasing error in the regular space), which modifies the threshold of rejecting observations, and thus utilizes more observations. This study provides a cost function with logarithmically transformed observations for the 4D-Var method in the WRFDA system for future investigations.
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Fernández González, Raquel, e Marcos Íñigo Pérez Pérez. "El Prestige: comparativa de los regímenes internacionales de responsabilidad civil". Studies of Applied Economics 37, n.º 3 (9 de outubro de 2019): 31. http://dx.doi.org/10.25115/eea.v37i3.2771.
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The return of institutions to the main research agenda has highlighted the importance of rules in economic analysis. The New Institutional Economics has allowed a better understanding of the case studies that concern different areas of knowledge, also the one concerning the management of natural resources. In this article, the institutional analysis focuses on the maritime domain, where two large civil liability regimes for pollution coexist (OPA 90-IMO), each in a different geographical area (United States - Europe). Therefore, a comparative analysis is made between the two large regimes of civil responsibility assignment applying them to the Prestige catastrophe. In this way, the allocation and distribution of responsibilities in the investigation and subsequent judicial process of the Prestige is compared with an alternative scenario in which the applicable compensation instruments are governed by the provisions of the Oil Polution Act of 1990 (OPA 90), in order to establish a rigorous analysis on the effects that the different norms can have in the same scenario. In the comparative established in the case of the Prestige, where the responsibilities were solved very slowly in a judicial process with high transaction costs, the application of rules governed by the OPA 90 would not count with such a high degree of imperfection. This is so, since by applying the preponderance of the evidence existing in OPA 90 there would be no mitigation for the presumed culprits. On the other hand, the agents involved in the sinking would not be limited only to the owner, but also that operators or shipowners would be responsible as well. In addition, the amount of compensation would increase when counting in the damage count the personal damages, the taxes without perceiving and the ecological damage caused in a broad sense, damages not computable in the IMO.
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White, Elizabeth, Pamela S. Soltis, Douglas E. Soltis e Robert Guralnick. "Quantifying error in occurrence data: Comparing the data quality of iNaturalist and digitized herbarium specimen data in flowering plant families of the southeastern United States". PLOS ONE 18, n.º 12 (7 de dezembro de 2023): e0295298. http://dx.doi.org/10.1371/journal.pone.0295298.
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iNaturalist has the potential to be an extremely rich source of organismal occurrence data. Launched in 2008, it now contains over 150 million uploaded observations as of May 2023. Based on the findings of a limited number of past studies assessing the taxonomic accuracy of participatory science-driven sources of occurrence data such as iNaturalist, there has been concern that some portion of these records might be misidentified in certain taxonomic groups. In this case study, we compare Research Grade iNaturalist observations with digitized herbarium specimens, both of which are currently available for combined download from large data aggregators and are therefore the primary sources of occurrence data for large-scale biodiversity/biogeography studies. Our comparisons were confined regionally to the southeastern United States (Florida, Georgia, North Carolina, South Carolina, Texas, Tennessee, Kentucky, and Virginia). Occurrence records from ten plant families (Gentianaceae, Ericaceae, Melanthiaceae, Ulmaceae, Fabaceae, Asteraceae, Fagaceae, Cyperaceae, Juglandaceae, Apocynaceae) were downloaded and scored on taxonomic accuracy. We found a comparable and relatively low rate of misidentification among both digitized herbarium specimens and Research Grade iNaturalist observations within the study area. This finding illustrates the utility and high quality of iNaturalist data for future research in the region, but also points to key differences between data types, giving each a respective advantage, depending on applications of the data.
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Lupo, Kevin M., Ryan D. Torn e Shu-Chih Yang. "Process-Based Evaluation of Stochastic Perturbed Microphysics Parameterization Tendencies on Ensemble Forecasts of Heavy Rainfall Events". Monthly Weather Review 150, n.º 1 (janeiro de 2022): 175–91. http://dx.doi.org/10.1175/mwr-d-21-0090.1.
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Abstract Stochastic model error schemes, such as the stochastic perturbed parameterization tendencies (SPPT) and independent SPPT (iSPPT) schemes, have become an increasingly accepted method to represent model error associated with uncertain subgrid-scale processes in ensemble prediction systems (EPSs). While much of the current literature focuses on the effects of these schemes on forecast skill, this research examines the physical processes by which iSPPT perturbations to the microphysics parameterization scheme yield variability in ensemble rainfall forecasts. Members of three 120-member Weather Research and Forecasting (WRF) Model ensemble case studies, including two distinct heavy rain events over Taiwan and one over the northeastern United States, are ranked according to an area-averaged accumulated rainfall metric in order to highlight differences between high- and low-precipitation forecasts. In each case, high-precipitation members are characterized by a damping of the microphysics water vapor and temperature tendencies over the region of heaviest rainfall, while the opposite is true for low-precipitation members. Physically, the perturbations to microphysics tendencies have the greatest impact at the cloud level and act to modify precipitation efficiency. To this end, the damping of tendencies in high-precipitation forecasts suppresses both the loss of water vapor due to condensation and the corresponding latent heat release, leading to grid-scale supersaturation. Conversely, amplified tendencies in low-precipitation forecasts yield both drying and increased positive buoyancy within clouds.
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Elnaby, Islam Desouky Abd. "INTERNATIONAL ORGANIZATIONS' RESPONSIBILITY FOR THEIR ACTIONS AND ITS RAMIFICATIONS: THE UNITED NATIONS AND THE RUSSIAN-UKRAINIAN WAR". Journal of Law and Sustainable Development 12, n.º 4 (2 de abril de 2024): e3264. http://dx.doi.org/10.55908/sdgs.v12i4.3564.
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Objectives: The objectives of this study are to examine the international responsibility of international organizations for their actions and to elucidate the conditions under which such responsibility arises. By analyzing the legal nature of international organizations and exploring relevant cases, this study seeks to provide a comprehensive understanding of the legal framework governing the accountability of international organizations in the international arena.
Methods: To achieve the stated objectives, this study employs a conceptual and analytical approach. It involves a comprehensive review and analysis of legal literature, international treaties, judicial decisions, and scholarly articles pertaining to the legal personality and responsibility of international organizations. Additionally, case studies are examined to illustrate the application of legal principles in determining the responsibility of international organizations for their actions.
Results: The analysis reveals that international organizations are recognized as legal entities capable of independent activity separate from member states. Their actions may give rise to international responsibility if they are illegal and in violation of their international obligations. Such responsibility is attributable to the international organization when its representatives or organs are involved in the actions that result in harm to other subjects of international law. However, there are instances where the responsibility of international organizations is not applicable, similar to impediments affecting states' international responsibilities. Recognizing the legal personality of international organizations enables them to have rights and responsibilities, thereby allowing for accountability for illegal actions committed by their employees or organs.
Conclusion: In conclusion, this study underscores the importance of recognizing the legal personality of international organizations and elucidates the conditions under which they may be held responsible for their actions. By providing a comprehensive analysis of the legal framework governing the accountability of international organizations, this research contributes to a better understanding of their role in the international legal system. Moving forward, it is essential to ensure effective mechanisms for holding international organizations accountable for their actions, thereby promoting accountability, transparency, and adherence to international law in the conduct of international affairs.
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Meintjes, Lirieka. "JUDICIAL UNDERSTANDING OF THE RELIABILITY OF EYEWITNESS EVIDENCE: A TALE OF TWO CASES". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (25 de julho de 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1247.
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One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it was previously considered to be. In approximately 75% of DNA exonerations in the United States, mistaken eyewitness identifications were the principal cause of wrongful convictions. Notwithstanding scientific advances regarding human memory and other factors that could influence identifications by eyewitnesses, courts have not shown eagerness in utilising such scientific knowledge in reaching legal decisions. Two cases have been chosen for discussion in this article. In S v Henderson 27 A 3d 872 (NJ 2011) the New Jersey Supreme Court was the first in State and Federal jurisdictions in the US that adopted a science-based approach to the evaluation of eyewitness evidence. The other case under discussion is S v Mdlongwa 2010 2 SACR 419 (SCA),a South African Supreme Court of Appeal judgment, where the identification of the perpetrator was based on an eyewitness account and the evidence of an expert on CCTV images. In part one of this article the research findings with regard to estimator variables that were acknowledged in S v Henderson are discussed. Part two specifically scrutinizes S v Mdlongwa to determine the extent to which psychological eyewitness research findings are recognised in South Africa as having an influence on the reliability of eyewitness evidence. In Henderson the court recognised that the legal standards governing the admissibility and use of identification evidence lagged far behind the findings of numerous studies in the social sciences. The new wave introduced by S v Henderson has not gone unnoticed in other State courts in the USA. In Massachusetts, for example, the Justices of the Supreme Judicial Court convened a study group on Eyewitness Evidence and the resulting report inter alia recommended judicial notice of modern psychological principles, revised jury eyewitness identification instructions and continuous education of both judges and lawyers. Recognition and education pertaining to these factors can and should be incorporated in South Africa.
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Khairuddin, Alif Ridzuan, Razana Alwee e Habibollah Haron. "Hybrid Neighbourhood Component Analysis with Gradient Tree Boosting for Feature Selection in Forecasting Crime Rate". Journal of Information and Communication Technology 22, n.º 2 (3 de abril de 2023): 207–29. http://dx.doi.org/10.32890/jict2023.22.2.3.
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Crime forecasting is beneficial as it provides valuable information to the government and authorities in planning an efficient crimeprevention measure. Most criminology studies found that influence from several factors, such as social, demographic, and economicfactors, significantly affects crime occurrence. Therefore, most criminology experts and researchers study and observe the effectof factors on criminal activities as it provides relevant insight into possible future crime trends. Based on the literature review, theapplications of proper analysis in identifying significant factors that influence crime are scarce and limited. Therefore, this study proposed a hybrid model that integrates Neighbourhood Component Analysis (NCA) with Gradient Tree Boosting (GTB) in modelling the United States (US) crime rate data. NCA is a feature selection technique used in this study to identify the significant factors influencing crime rate. Once the significant factors were identified, an artificial intelligence technique, i.e., GTB, was implemented in modelling the crime data, where the crime rate value was predicted. The performance of the proposed model was compared with other existing models using quantitative measurement error analysis. Based on the result, the proposed NCA-GTB model outperformed other crime models in predicting the crime rate. As proven by the experimental result, the proposed model produced the smallest quantitative measurement error in the case study.
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Parkhouse, Hillary, e Bryan P. Arnold. "“We're Rags to Riches”: Dual Consciousness of the American Dream in Two Critical History Classrooms". Teachers College Record: The Voice of Scholarship in Education 121, n.º 9 (setembro de 2019): 1–40. http://dx.doi.org/10.1177/016146811912100907.
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Background/Context Within the United States, wealth disparities are growing and upward social mobility is becoming increasingly difficult to attain. These trends call into question the American Dream ideology that anyone can succeed through hard work. This meritocratic ideal has traditionally been one of the unifying ideologies promoted through the public school curriculum. The topic of economic inequality, on the other hand, is largely absent from most social studies curricula. When teachers do address this issue, they tend to omit discussions of causes or potential policy solutions. Students are thus left with few resources with which to develop positions on policies related to inequality that would help them become more informed voters and contributors to public discourse on this issue. Purposes Critical pedagogy is an educational approach that aims to develop students’ sociopolitical consciousness of the world and understanding of the underlying causes of contemporary injustices such as rising economic and social inequality. We investigated whether students in classrooms using critical pedagogy might develop understandings of the roots of contemporary inequality. Setting and Participants The study took place in two U.S. History classrooms in culturally diverse public high schools in a midsized city in the Southeast. The classrooms were selected because both teachers demonstrated critical pedagogy by helping students question norms and analyze underlying causes of contemporary social and economic inequalities. Research Design We used a critical case study design with ethnographic methods to examine students’ understandings of structural causes of inequality in classrooms where they are most likely to encounter this knowledge, namely critical history classrooms. Data included 10 weeks of observations in both classrooms, classroom artifacts, in-depth interviews with 14 students, and two in-depth interviews with each teacher along with daily informal interviews. Findings/Results Students critiqued the notion of the American Dream and described ways in which certain social structures such as the judicial and educational systems reproduce social inequalities. Some pointed out how the “rags to riches” ideology precludes tax structures that might reduce economic inequality. However, many also made comments reflecting a belief that the United States is indeed a meritocracy. Conclusions/Recommendations We recommend that teachers explicitly teach the structural causes of economic inequality so that students have the language needed to understand their dual consciousness that both meritocratic elements (e.g., hard work) and non-meritocratic elements (e.g., race, family wealth) play a role in social mobility within the United States.
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Safarov, N. A. "Justice in the Name of Six Million Accusers: the Case of the Attorney General of the Government of Israel v. Adolf Eichmann in the Context of International Law". Moscow Journal of International Law, n.º 4 (31 de janeiro de 2022): 70–107. http://dx.doi.org/10.24833/0869-0049-2021-4-70-107.
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INTRODUCTION. The legal saga of the prosecution of Adolf Eichmann, one of the most wanted war criminals and chief “architect” of the Holocaust, raises many ethical, political and legal problems. The Eichmann trial is unprecedented in the long history of international criminal law for many reasons. Although many leaders of Nazi regime were put on trial at Nuremberg before International Military Tribunal, mass killings and other outrageous crimes against Jews was not the main object of the trial. Thereby prosecution and punishment one of the most important organizers of the genocide of Jewish people, creator of new type of evil and new type of crime, become the great task of the State of Israel.MATERIALS AND METHODS. The theoretical basis of the study consists of the works of leading international lawyers specializing in international criminal law, as well as the international extradition of criminals; the analytical base comprises of the decisions of the Nuremberg International Military Tribunal, as well as the national courts of the State of Israel, in particular the cult decision the Attorney General of the Government of Israel v. Adolf Eichmann, as well as the decisions of the national courts of the United States, cited in the article for the purpose of comparative analysis. The methodological basis of the research comprises historical method, methods of formal logic, including analysis, synthesis and analogy, as well as systemic, comparative legal methods and method of interpretation.RESEARCH RESULTS. Based on the study of international legal instruments and international judicial practice, as well as the national legislation of the State of Israel, the author made conclusions related to the abduction of accused from the territory of a foreign state, in particular its consequences in the form of violation of the sovereignty of the state. At the same time, the article contains a statement that the unlawfulness of the arrest does not prevent the court from exercising jurisdiction over the person. In the context of the administration of justice by the State of Israel, the author analyzes the Convention relating to the Status of Refugees of December 14, 1951, paying special attention to the problem of the possible immunity of the accused based on the refugee status granted by the state.DISCUSSION AND CONCLUSIONS. In the course of the study, the author analyzed a significant amount of materials, summarized the doctrinal positions put forward by a number of prominent international scholars, and also formed the conclusion that the trial of Eichmann marked not only the administration of justice over the international criminal, but also provided another opportunity for a broad international publicity of the horrors of the Nazi regime and the need to unite collective efforts of states to save future generations from such international crimes.
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Андрей, А. Ш. "The Amistad case". Historia provinciae - the journal of regional history 8, n.º 1 (22 de março de 2024): 247–91. http://dx.doi.org/10.23859/2587-8344-2024-8-1-7.
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Данная работа отражает результаты изучения одного из важнейших эпизодов в истории американского рабства и аболиционизма – дела «Соединенные Штаты против “Амистад”» 1839–1841 гг. История о восстании рабов на одноименном испанском судне буквально захватила американское общество, став предметом одного из самых длительных и резонансных судебных разбирательств. В этот процесс оказались вовлечены виднейшие представители американского аболиционистского движения и политического истеблишмента, включая бывшего и действующего президентов США, испанского консула, министра иностранных дел Великобритании и многих других. Итоговое же решение Верховного суда создало важнейший прецедент в американском праве, став еще одной ступенью в деле освобождения рабов. Указанная тема довольно хорошо освещена в англо-американской историографии, особенно в работах специалистов по направлению «афроамериканская история» (Black History), в то время как отечественные исследователи никогда не уделяли ей должного внимания. Представленная работа призвана восполнить данный пробел. Она опирается на широкую источниковую базу, основу которой составляют материалы судебного производства, многочисленные отчеты и журналистские публикации, а также на англо-американские исследования. Автор восстанавливает картину событий восстания и последующего судебного разбирательства, акцентируя внимание на выявлении каузальных связей и характеристике основных этапов развития событий 1839–1841 гг. В последней части им разъясняются последствия и значение дела «Амистад» в афроамериканской и американской истории. This article is devoted to the study of one of the most significant episodes in the history of American slavery and abolitionism – the United States v. the Amistad case of 1839–41. The story of the slave uprising on the Spanish ship of the same name literally captured American society and became the subject of one of the longest and most resonant court proceedings. The most prominent representatives of American abolitionist movement and political establishment were involved in this process, including former and current US presidents, the Spanish Consul, the British Foreign Minister, and many others. The final verdict of the Supreme Court created the most important precedent in American law, marking another milestone in the cause of emancipation. This topic is quite well covered in Anglo-American historiography, especially among specialists in the field of African American history (Black History), while Soviet and Russian researchers have almost never paid proper attention to it. The present work is meant to fill this gap. The study is built on a broad source base, which includes the materials of judicial proceedings, numerous reports and journalistic publications as well as on available Anglo-American research studies. The author reconstructs the picture of the events of the Amistad mutiny and the subsequent trial, focusing on the identification of causal connections and the characteristics of the main stages of the 1839–41 events. In the last part of the article, the author reflects on the consequences and significance of the Amistad case in African-American and American history.
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Chen, Dong, Varada Shevade, Allison Baer e Tatiana V. Loboda. "Missing Burns in the High Northern Latitudes: The Case for Regionally Focused Burned Area Products". Remote Sensing 13, n.º 20 (16 de outubro de 2021): 4145. http://dx.doi.org/10.3390/rs13204145.
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Global estimates of burned areas, enabled by the wide-open access to the standard data products from the Moderate Resolution Imaging Spectroradiometer (MODIS), are heavily relied on by scientists and managers studying issues related to wildfire occurrence and its worldwide consequences. While these datasets, particularly the MODIS MCD64A1 product, have fundamentally improved our understanding of wildfire regimes at the global scale, their performance may be less reliable in certain regions due to a series of region- or ecosystem-specific challenges. Previous studies have indicated that global burned area products tend to underestimate the extent of the burned area within some parts of the boreal domain. Despite this, global products are still being regularly used by research activities and management efforts in the northern regions, likely due to a lack of understanding of the spatial scale of their Arctic-specific limitations, as well as an absence of more reliable alternative products. In this study, we evaluated the performance of two widely used global burned area products, MCD64A1 and FireCCI51, in the circumpolar boreal forests and tundra between 2001 and 2015. Our two-step evaluation shows that MCD64A1 has high commission and omission errors in mapping burned areas in the boreal forests and tundra regions in North America. The omission error overshadows the commission error, leading to MCD64A1 considerably underestimating burned areas in these high northern latitude domains. Based on our estimation, MCD64A1 missed nearly half the total burned areas in the Alaskan and Canadian boreal forests and the tundra during the 15-year period, amounting to an area (74,768 km2) that is equivalent to the land area of the United States state of South Carolina. While the FireCCI51 product performs much better than MCD64A1 in terms of commission error, we found that it also missed about 40% of burned areas in North America north of 60° N between 2001 and 2015. Our intercomparison of MCD64A1 and FireCCI51 with a regionally adapted MODIS-based Arctic Boreal Burned Area (ABBA) shows that the latter outperforms both MCD64A1 and FireCCI51 by a large margin, particularly in terms of omission error, and thus delivers a considerably more accurate and consistent estimate of fire activity in the high northern latitudes. Considering the fact that boreal forests and tundra represent the largest carbon pool on Earth and that wildfire is the dominant disturbance agent in these ecosystems, our study presents a strong case for regional burned area products like ABBA to be included in future Earth system models as the critical input for understanding wildfires’ impacts on global carbon cycling and energy budget.
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Whiteman, D. N., B. Demoz, K. Rush, G. Schwemmer, B. Gentry, P. Di Girolamo, J. Comer et al. "Raman Lidar Measurements during the International H2O Project. Part I: Instrumentation and Analysis Techniques". Journal of Atmospheric and Oceanic Technology 23, n.º 2 (1 de fevereiro de 2006): 157–69. http://dx.doi.org/10.1175/jtech1838.1.
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Abstract The NASA Goddard Space Flight Center (GSFC) Scanning Raman Lidar (SRL) participated in the International H2O Project (IHOP), which occurred in May and June 2002 in the midwestern part of the United States. The SRL received extensive optical modifications prior to and during the IHOP campaign that added new measurement capabilities and enabled unprecedented daytime water vapor measurements by a Raman lidar system. Improvements were also realized in nighttime upper-tropospheric water vapor measurements. The other new measurements that were added to the SRL for the IHOP deployment included rotational Raman temperature, depolarization, cloud liquid water, and cirrus cloud ice water content. In this first of two parts, the details of the operational configuration of the SRL during IHOP are provided along with a description of the analysis and calibration procedures for water vapor mixing ratio, aerosol depolarization, and cirrus cloud extinction-to-backscatter ratio. For the first time, a Raman water vapor lidar calibration is performed, taking full account of the temperature sensitivity of water vapor and nitrogen Raman scattering. Part II presents case studies that permit the daytime and nighttime error statistics to be quantified.
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Moody, J. L., S. R. Felker, A. J. Wimmers, G. Osterman, K. Bowman, A. M. Thompson e D. W. Tarasick. "A Multi-sensor Upper Tropospheric Ozone Product (MUTOP) based on TES ozone and GOES water vapor: validation with ozonesondes". Atmospheric Chemistry and Physics Discussions 11, n.º 11 (14 de novembro de 2011): 30487–526. http://dx.doi.org/10.5194/acpd-11-30487-2011.
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Abstract. Accurate representation of ozone in the extratropical upper troposphere (UT) remains a challenge. However, the implementation of hyper-spectral remote sensing using satellite instruments such as the Tropospheric Emission Spectrometer (TES) provides an avenue for mapping ozone in this region, from 500 to 300 hPa. As a polar orbiting satellite TES observations are limited, but in this paper they are combined with geostationary satellite observations of water vapor. This paper describes a validation of the Multi-sensor UT Ozone Product (MUTOP). MUTOP is statistical retrieval method, a derived product image based on the correlation of two remotely sensed quantities, TES ozone, against geostationary (GOES) specific humidity and modeled potential vorticity, a dynamical tracer in the UT. These TES-derived UT ozone mixing ratios are compared to coincident ozonesonde measurements of layer-average UT ozone mixing ratios made during the NASA INTEX/B field campaign in the spring of 2006; the region for this study is effectively the GOES west domain covering the Eastern North Pacific Ocean and the Western United States. This intercomparison evaluates MUTOP skill at representing ozone magnitude and variability in this region of complex dynamics. In total, 11 ozonesonde launch sites were available for this study, providing 127 individual sondes for comparison; the overall mean ozone of the 500–300 hPa layer for these sondes was 78.0 ppbv. MUTOP reproduces in-situ measurements reasonably well, producing an UT mean of 82.3 ppbv, with a mean absolute error of 12.2 ppbv and a root mean square error of 16.4 ppbv relative to ozonesondes across all sites. An overall UT mean bias of 4.3 ppbv relative to sondes was determined for MUTOP. Considered in the context of past TES validation studies, these results illustrate that MUTOP is able to maintain accuracy similar to TES while expanding coverage to the entire GOES-West satellite domain. In addition MUTOP provides six-hour temporal resolution throughout the INTEX-B study period, making the visualization of UT ozone dynamics possible. This paper presents the overall statistical validation as well as a selection of ozonesonde case studies. The case studies illustrate that error may not always represent a lack of TES-derived product skill, but often results from discrepancies driven by observations made in the presence of strong meteorological gradients.
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Moody, J. L., S. R. Felker, A. J. Wimmers, G. Osterman, K. Bowman, A. M. Thompson e D. W. Tarasick. "A multi-sensor upper tropospheric ozone product (MUTOP) based on TES ozone and GOES water vapor: validation with ozonesondes". Atmospheric Chemistry and Physics 12, n.º 12 (29 de junho de 2012): 5661–76. http://dx.doi.org/10.5194/acp-12-5661-2012.
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Abstract. Accurate representation of ozone in the extratropical upper troposphere (UT) remains a challenge. However, the implementation of hyper-spectral remote sensing using satellite instruments such as the Tropospheric Emission Spectrometer (TES) provides an avenue for mapping ozone in this region, from 500 to 300 hPa. As a polar orbiting satellite TES observations are limited, but in this paper they are combined with geostationary satellite observations of water vapor. This paper describes a validation of the Multi-sensor UT Ozone Product (MUTOP). MUTOP, based on a statistical retrieval method, is an image product derived from the multiple regression of remotely sensed TES ozone, against geostationary (GOES) specific humidity (remotely sensed) and potential vorticity (a modeled dynamical tracer in the UT). These TES-derived UT ozone mixing ratios are compared to coincident ozonesonde measurements of layer-average UT ozone mixing ratios made during the NASA INTEX/B field campaign in the spring of 2006; the region for this study is effectively the GOES west domain covering the eastern North Pacific Ocean and the western United States. This intercomparison evaluates MUTOP skill at representing ozone magnitude and variability in this region of complex dynamics. In total, 11 ozonesonde launch sites were available for this study, providing 127 individual sondes for comparison; the overall mean ozone of the 500–300 hPa layer for these sondes was 78.0 ppbv. MUTOP reproduces in~situ measurements reasonably well, producing an UT mean of 82.3 ppbv, with a mean absolute error of 12.2 ppbv and a root mean square error of 16.4 ppbv relative to ozonesondes across all sites. An overall UT mean bias of 4.3 ppbv relative to sondes was determined for MUTOP. Considered in the context of past TES validation studies, these results illustrate that MUTOP is able to maintain accuracy similar to TES while expanding coverage to the entire GOES-West satellite domain. In addition MUTOP provides six-hour temporal resolution throughout the INTEX-B study period, making the visualization of UT ozone dynamics possible. This paper presents the overall statistical validation as well as a selection of ozonesonde case studies. The case studies illustrate that error may not always represent a lack of TES-derived product skill, but often results from discrepancies driven by observations made in the presence of strong meteorological gradients.
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Qureshi, Muhammad Azeem, Minhas Akbar, Ahsan Akbar e Petra Poulova. "Do ESG Endeavors Assist Firms in Achieving Superior Financial Performance? A Case of 100 Best Corporate Citizens". SAGE Open 11, n.º 2 (abril de 2021): 215824402110215. http://dx.doi.org/10.1177/21582440211021598.
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Increasing interest in sustainability performance (environmental, social, and governance pillar performance [ESGP]) and corporate financial performance (CFP) is noteworthy. However, we do not find any all-inclusive study that employs both individual components of environmental, social, and governance pillars (ESG) as well as the cumulative ESG score on both the accounting and market performance of firms. Furthermore, we do not find any study that puts forth “best practices” in the ESGP-CFP nexus. Therefore, our study intends to provide additional empirical evidence in this debate by including all three pillars of ESG as well as the overall ESG score by employing a unique sample of “100 best corporate citizens” in the United States declared by 3BL Media during 2009 to 2018. For this purpose, we employ panel vector auto regression (PVAR) that allows us to overcome the methodological challenges faced by some earlier empirical studies. The core findings are: (a) for market-based financial performance (market-to-book ratio [MTB] and Tobin’s Q), our results only confirm ESGP–CFP relationship and suggest that sustained higher commitment to the environmental pillar, consistent socially responsible conduct, and rationalized governance mechanism of the sampled firms are perceived value additive by the market players. (b) For accounting-based financial performance (return on equity [ROE] and return on assets [ROA]), we find a mix of ESGP–CFP and CFP–ESGP relationship for ROE only. Furthermore, factor error variance decomposition (FEVD) analysis reveals that environmental, social, and overall ESG performances of the sampled firms are quite good predictors of future CFP in the market. These findings assert that actively pursuing ESG endeavors can assist firms in achieving superior financial performance.
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Alim Siregar, Syapar. "EBA-SP BERDASARKAN PRINSIP SYARIAH". Yurisprudentia: Jurnal Hukum Ekonomi 7, n.º 2 (30 de dezembro de 2021): 295–305. http://dx.doi.org/10.24952/yurisprudentia.v7i2.5534.
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EBA is an investment intrumnet obtained from securitieus that are written in paper in the form of documents and in the form of letters where the results of participation are in accordance with Islamic shariah and do not violate on the law, and only operate in the middle or secondary market in Islamic banking as a means of payment and the public or investorsusing it when the money is no longer stable or maybe the interest rate in one bank is not balanced and has a big influence on investment and state money besides that the partcipationt letter has a lot of of influence not only negative but also positive impacts, for example having coupon offers so that investors are tempted to ionvest and work together. if we look at the income using the capital market this has more related , this has more advantage that will be more related to ojk and provides more goodness, makes everything complete, anda strategy that is in great demand among banks but is basid in sharia by not quoting interest because islam for birds ususry abd interest , the award letter is only issued once so that the negative balance is able to control sharia banking if we look at the case studies in the united states the real studies error is in the understanding of the secondary pattern and the existence of several levels of securities so that it is not balanced and stable and results in a lot of debt.
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Keikes, Lotte, Stephanie Medlock, Daniel van de Berg, Shuxin X. Zhang, Onno Robert Guicherit, Cornelis J. A. Punt e Martijn G. H. van Oijen. "Content evaluation of Watson for Oncology: A feasibility study." Journal of Clinical Oncology 36, n.º 30_suppl (20 de outubro de 2018): 325. http://dx.doi.org/10.1200/jco.2018.36.30_suppl.325.
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325 Background: Digital decision support tools such as Watson offer a promising opportunity to recommend the best cancer treatment to doctors around the globe. Although concordance studies between Watson's recommendations and routine daily practice or expert opinion were reported; scientific papers demonstrating how Watson affects medical decision-making are scarce. The first step of external validation and localization is content evaluation against national guidelines. Therefore, we present a feasibility study of the content evaluation of Watson for Oncology. Methods: We developed synthetic patient cases exhaustively testing the adjuvant treatment of stage I to stage III colon cancer based on relevant patient, clinical and tumor characteristics, and entered these in Watson. We used cross tabulations and a novel scoring system to compare Dutch and NCCN guideline recommendations with Watson’s treatment advice. Our scoring system allows a range from +12 to -12, reflecting the difference between minor disagreement (possible treatment not mentioned) versus serious error (contraindicated treatment was recommended). Treatment options that were contraindicated according to the national guidelines were labeled with a "red flag" if Watson recommended it, and an "orange flag" if Watson considered it. Results: In total, we developed 190 synthetic patient cases (stage I: n = 8; stage II: n = 110; and stage III: n = 72). Overall concordance scores per case for Watson versus Dutch guidelines ranged from a minimum score of -4 (n = 6) to a maximum score of +12 (n = 17) and from -4 (n = 9) to +12 (n = 24) for Watson versus the NCCN guidelines. In total, 69 cases (36%) were labeled with red flags, 96 cases (51%) with orange flags and 25 cases (13%) without flags. For the comparison of Watson with the NCCN guidelines, no red or orange flags were identified. Conclusions: Evaluation of the content of Watson for Oncology against national guidelines is feasible. Overall concordance scores varied considerably between synthetic patient cases. Non-concordance is partially attributable to guideline differences between the United States and The Netherlands. This implies that further adjustments and localization are required before implementation of Watson outside the United States.
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Ermakova, E. P. "EVOLUTION AND SOURCES OF LEGAL REGULATION OF ODR IN THE USA". Вестник Пермского университета. Юридические науки, n.º 4 (62) (2023): 689–705. http://dx.doi.org/10.17072/1995-4190-2023-62-689-705.
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Introduction:the article explores the history of formation and development of online dispute resolution (ODR) in the USA. The author analyzes the basic concepts and characteristics of these technologies and gives examples of their use in the practice of private ODR providers and U.S. courts. The main sources of legal regulation of ODR in the USA are the rulings of state courts based on the ‘ODR Standards’ of international organizations, including UNCITRAL, NCTDR, ICODR, etc., as well as scientific works of American scientists and practitioners. Purpose: to provide an insight into the emergence and development of online dispute resolution (ODR) in the practice of private ODR providers and the practice of U.S. courts by analyzing court reports, international acts, and academic sources. Methods: theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation; special scientific methods such as legal-dogmatic and the method of interpretation of legal norms. Results: the study found that there is currently no legal definition of ODR in the United States; governmental bodies (including courts) and private ODR pro-viders rely on their own vision and understanding of ODR, using non-binding documents from international organiza-tions as well as academic studies developed by U.S. scholars and practitioners. There is also no common doctrinal defi-nition of ODR. Conclusions: 1) The U.S. National Center for State Courts, on its website, defines judicial (court-related) ODR as ‘a public facing digital space in which parties can convene to resolve their dispute or case’. 2) Scholars define judicial ODR as a method of ADR (alternative dispute resolution) aimed at resolving civil disputes using online plat-forms attached to a court rather than face-to-face hearings, mediation, or arbitration. 3) Barriers to the use of ODR in U.S. courts are: a) continuing transition from paper to electronic documents; b) complicated registration on ODR plat-forms; c) lack of ‘intuitive’ options for working with documents on the platform and finalizing the ODR process; d) lack of reference documents. 4) The experience of U.S. state courts in implementing ODR pilot programs as well as non-binding documents of international (UNCITRAL, ICODR) and U.S. ODR standards compliance organizations (NCTDR, ABA) can be used to improve Russian legal acts.
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Schwartz, Ruben. "Descriptive Analysis of Federal and State Interventional Pain Malpractice Litigation in the United States: A Pilot Investigation". Pain Physician 4;23, n.º 7;4 (14 de julho de 2020): 413–21. http://dx.doi.org/10.36076/ppj.2020/23/413.
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Background: The aim of this study was to examine and appreciate characteristics of malpractice lawsuits brought against interventional pain specialists. Objectives: To examine and appreciate characteristics of malpractice lawsuits brought against interventional pain specialists. Study Design: Retrospective review. Setting: Jury verdicts and settlement reports of state and federal malpractice cases involving interventional pain practitioners from January 1, 1988, to January 1, 2018 were gathered from the Westlaw online legal database. Methods: Jury verdicts and settlement reports of state and federal malpractice cases involving interventional pain practitioners from January 1, 1988, to January 1, 2018 were gathered from the Westlaw online legal database. Data collected for each case included year, state, patient age, patient gender, defendant specialty, legal outcome, award amount, alleged cause of malpractice, and factors in plaintiff’s decision to file. After elimination of duplicates and applying inclusion/ exclusion criteria to our initial search yielding over 1,500 cases, a total of 82 cases were included in this study. Results: A total of 57.3% of cases resulted in a jury verdict in favor of the defendant, whereas 41.5% favored the plaintiff. When comparing cases that were performed in the operating room to cases performed outside the operating room, we found the jury verdicts to favor the plaintiff 83.3% of the time for operating room procedures (P = 0.003). In other words, interventional pain practitioners were more likely to be found at fault for complications from procedures performed in the operating room. To eliminate confounders, a logistical regression was performed and confirmed operating room procedures were an independent predictor of a verdict awarded to the plaintiff (P = 0.008). The median amount awarded to the plaintiff for all cases was $333,000, and the single highest award amount was $36,636,288. The median payout for operating room procedures was $450,000 (P = 0.010), which was significantly different from the median payout for nonoperating room procedures. Procedure categorization demonstrated a statistically significant difference in jury verdicts (P = 0.01411) and procedural error was the leading reason for pursuing litigation, followed by lack of informed consent and unnecessary procedure performed. Limitations: There is more than one database that captures medicolegal claims brought against practitioners. Westlaw, which has been previously utilized by other studies, is only one of them and the extent to which overlap exists in unclear. For each, data input are not necessarily consistent and data capture are not complete. As a result, there could exist a skew toward more severe complications and the details of individual cases likely vary. During data extraction, we found that all details of the procedure were not always included. For example, not all cases specified the type of injectate utilized for epidural injection (i.e., local anesthetic, steroid, mixture, and others) or route of injection (i.e., transforaminal vs. interlaminar). Moreover, as previously mentioned, cases that are settled out of court or finalized prior to trial are not necessarily reported by the Westlaw database, and therefore were not always included in our data search. Conclusions: Overall, interventional pain medicine physicians were favored by jury verdicts for malpractice claims. However, when filtering by procedure or setting, jury verdicts favored the plaintiff in some cases. Key words: Interventional pain, medical, malpractice, anesthesiology
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Ilin, Alexey. "A NEW CYBERBULLYING LAW? EXTENSION OF LEGAL INTERPRETATIONS IN CHINA AND RUSSIA". International Journal of Law, Ethics, and Technology 2022, n.º 2 (28 de outubro de 2022): 56–86. http://dx.doi.org/10.55574/qgsj9827.
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Cyberbullying is a form of psychological violence that is intentional, repeated, characterized by power imbalance, and uses cyberspace as its medium. Cyberbullying can be much more vicious than the ‘traditional’ face-to-face bullying because it is not limited by time and space, difficult to detect, and the aggressors often enjoy anonymity and impunity. Moreover, cyberbullying can exist as a self-contained phenomenon in cyberspace, which means that the aggressor and the victim may not know each other in the real world. Bearing these facts in mind, we need to answer two important questions: 1) Is cyberbullying a new type of offense? 2) Do we need a new anti-cyberbullying law? Scholars around the world are divided on these issues. While some countries, like the United States and New Zealand, have directly criminalized cyberbullying, others, like Australia and Canada, are simply amending their existing laws or extending their interpretations. This paper examines the legal situation in China and Russia, the two countries which do not have any specific laws regarding cyberbullying. The research is built upon the analysis of applicable laws and judicial decisions. The case studies overview the situations when victims of cyberbullying sought legal protection in court. The paper concludes that neither China nor Russia needs to pass a new anti-cyberbullying law. They are already doing adequate work to amend and interpret the existing civil, administrative, and criminal laws in order to counter cyber-offenses. However, more effort needs to be done to remove procedural barriers to litigation and prosecution, such as the costly and cumbersome notarization process in Russia, or the private character of the prosecution of defamation in China.
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Uz, Dilek, e Steven Buck. "Comparing Water Use Forecasting Model Selection Criteria: The Case of Commercial, Institutional, and Industrial Sector in Southern California". Sustainability 12, n.º 10 (13 de maio de 2020): 3995. http://dx.doi.org/10.3390/su12103995.
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The United States is one of the largest per capita water withdrawers in the world, and certain parts of it, especially the western region, have long experienced water scarcity. Historically, the U.S. relied on large water infrastructure investments and planning to solve its water scarcity problems. These large-scale investments as well as water planning activities rely on water forecast studies conducted by water managing agencies. These forecasts, while key to the sustainable management of water, are usually done using historical growth extrapolation, conventional econometric approaches, or legacy software packages and often do not utilize methods common in the field of statistical learning. The objective of this study is to illustrate the extent to which forecast outcomes for commercial, institutional and industrial water use may be improved with a relatively simple adjustment to forecast model selection. To do so, we estimate over 352 thousand regression models with retailer level panel data from the largest utility in the U.S., featuring a rich set of variables to model commercial, institutional, and industrial water use in Southern California. Out-of-sample forecasting performances of those models that rank within the top 5% based on various in- and out-of-sample goodness-of-fit criteria were compared. We demonstrate that models with the best in-sample fit yeild, on average, larger forecast errors for out-of-sample forecast exercises and are subject to a significant degree of variation in forecasts. We find that out-of-sample forecast error and the variability in the forecast values can be reduced by an order of magnitude with a relatively straightforward change in the model selection criteria even when the forecast modelers do not have access to “big data” or utilize state-of-the-art machine learning techniques.
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Hoang, Thanh T., Sinjini Sikdar, Cheng-Jian Xu, Mi Kyeong Lee, Jonathan Cardwell, Erick Forno, Medea Imboden et al. "Epigenome-wide association study of DNA methylation and adult asthma in the Agricultural Lung Health Study". European Respiratory Journal 56, n.º 3 (7 de maio de 2020): 2000217. http://dx.doi.org/10.1183/13993003.00217-2020.
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Epigenome-wide studies of methylation in children support a role for epigenetic mechanisms in asthma; however, studies in adults are rare and few have examined non-atopic asthma. We conducted the largest epigenome-wide association study (EWAS) of blood DNA methylation in adults in relation to non-atopic and atopic asthma.We measured DNA methylation in blood using the Illumina MethylationEPIC array among 2286 participants in a case-control study of current adult asthma nested within a United States agricultural cohort. Atopy was defined by serum specific immunoglobulin E (IgE). Participants were categorised as atopy without asthma (n=185), non-atopic asthma (n=673), atopic asthma (n=271), or a reference group of neither atopy nor asthma (n=1157). Analyses were conducted using logistic regression.No associations were observed with atopy without asthma. Numerous cytosine–phosphate–guanine (CpG) sites were differentially methylated in non-atopic asthma (eight at family-wise error rate (FWER) p<9×10−8, 524 at false discovery rate (FDR) less than 0.05) and implicated 382 novel genes. More CpG sites were identified in atopic asthma (181 at FWER, 1086 at FDR) and implicated 569 novel genes. 104 FDR CpG sites overlapped. 35% of CpG sites in non-atopic asthma and 91% in atopic asthma replicated in studies of whole blood, eosinophils, airway epithelium, or nasal epithelium. Implicated genes were enriched in pathways related to the nervous system or inflammation.We identified numerous, distinct differentially methylated CpG sites in non-atopic and atopic asthma. Many CpG sites from blood replicated in asthma-relevant tissues. These circulating biomarkers reflect risk and sequelae of disease, as well as implicate novel genes associated with non-atopic and atopic asthma.
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Ivanov, D. V., e V. G. Donakanian. "The ICAO Council as a Dispute Settlement Body: Theoretical and Practical Issues". Moscow Journal of International Law, n.º 3 (5 de outubro de 2022): 33–48. http://dx.doi.org/10.24833/0869-0049-2022-3-33-48.
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INTRODUCTION. Achieving the goals of international legal regulation of a particular area of inter-State relations depends mainly on the existence of an effective dispute settlement mechanism. In the field of international air law, such powers are attributed to the Council of the International Civil Aviation Organization (hereinafter - ICAO), established under the Convention on International Civil Aviation of 1944 (hereinafter – the Chicago Convention). The Council's activities in this area cannot be called fruitful. Since the establishment of ICAO in 1947, the Council has not issued a single decision on disputes that have been brought before it. States have proved to be reluctant to use the dispute settlement mechanism established under the Chicago system. This is mainly due to the imperfection of the relevant provisions of the Chicago Convention, which for many years have been the object of criticism in international legal doctrine. Moreover, the provisions of the Chicago Convention do not answer the question regarding the legal nature of the Council as a dispute settlement body and the limits of its competence. The issue of the Council's competence has been considered twice by the International Court of Justice of the United Nations (hereinafter - ICJ). The judgments issued by the ICJ have not, in our view, resolved the existing legal problems but instead have contributed to further ambiguity. Furthermore, this topic has become especially relevant in light of the fact that in March 2022 the Netherlands and Austria initiated a dispute settlement procedure in the Council under Article 84 of the Chicago Convention against Russia for the downing of Malaysian civil aircraft in 2014. In these circumstances, the Council's de facto role in resolving international civil aviation disputes needs to be clarified. MATERIALS AND METHODS. This paper examines the provisions of the Chicago international legal regime governing dispute settlement in the Council. The authors also analyse the established State practice in the application of Chapter XVIII of the Chicago Convention. Particular attention is given to legal doctrine, where several international legal concepts emerge to resolve existing legal problems. The methodological basis consists of general scientific and special research methods, including analysis, synthesis, systematisation, as well as formal-legal, formallogical and critical-legal methods. RESEARCH RESULTS. The Council as a dispute settlement body has a dual legal nature. This is reflected in the fact that in procedural terms the Сouncil is similar to international judicial bodies in many aspects, but a number of features concerning the composition of the Council and the opportunity to appeal the decision issued prevent it from qualifying as a judicial body. This calls into question the power of the Council to issue legally binding deci-sions and the existence of its jurisdiction per se. State and Council practice also confirms that the Council under Chapter XVIII of the Chicago Convention acts as a mediator, which contrasts with the recent decision of the ICJ on the Qatar Air Blockade case, under which the Council has jurisdiction. Moreover, the Chicago Convention provides sanctions for non-compliance with Council decisions, which does not allow the Council to be considered as a mediator. Equally controversial was the ICJ finding that the Council, in settling disputes arising from the Chicago Convention (the Transit Agreement or other treaties), could examine issues outside their scope. DISCUSSION AND CONCLUSIONS. The unclear legal status of the Council as a dispute settlement body, which was promoted by the controversial decision of the ICJ on the Qatar Air Blockade case, makes the mechanism under Chapter XVIII of the Chicago Convention highly ineffective. It is doubtful that states, consistently seeking legal certainty, would initiate proceedings in the Council under the existing international legal framework. As a result of the analysis of international legal concepts that propose the modernisation of the Chicago Convention dispute settlement mechanism, the authors conclude that either the establishment of a permanent arbitral institution within the structure of ICAO or the modification of the text of Chapter XVIII of the Chicago Convention so that the ICAO Council would act only as a mediator would be the preferable options. The authors share the position of lawyers who point to the need to negotiate new universal international law norms in the field of air law.
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Löve, Jesper, Monica Bertilsson, Johan Martinsson, Lena Wängnerud e Gunnel Hensing. "Political Ideology and Stigmatizing Attitudes Toward Depression: The Swedish Case". International Journal of Health Policy and Management 8, n.º 6 (19 de março de 2018): 365–74. http://dx.doi.org/10.15171/ijhpm.2019.15.
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Background: Stigmatizing attitudes toward persons with mental disorders is a well-established and global phenomenon often leading to discrimination and social exclusion. Although previous research in the United States showed that conservative ideology has been related to stigmatizing attitudes toward mental disorders, there is reason to believe that this mechanism plays a different role in the context of a universal welfare state with a multi-party system such as Sweden. Furthermore, "mental disorders" may signify severe psychotic disorders, which may evoke more negative attitudes. This suggests the importance of specific studies focusing on the more common phenomenon of depression. This paper investigates the relationship between political ideology and stigmatizing attitudes toward depression in Sweden. Methods: This study is part of the New Ways research program. Data were collected by the Laboratory of Opinion Research (LORE) at the University of Gothenburg in 2014 (N = 3246). Independent variables were political ideology and party affiliation. The dependent variable was the Depression Stigma Scale (DSS). Data were analyzed with linear regression analyses and analyses of variance. Results: More conservative ideology (B = 0.68, standard error [SE] = 0.04, P<.001) and more conservative party affiliation (F(8 2920) = 38.45, P<.001) showed more stigmatizing attitudes toward depression. Item-level analyses revealed a difference where the supporters of the conservative party differed (P<.05) from supporters of the liberal party, with a higher proportion agreeing that "people could snap out of " depression if they wanted to; the populist right-wing party differed from the conservative party with a higher proportion agreeing on items displaying people with depression as "dangerous" and "unpredictable." Even self-stigma was highest among the populist right-wing party with 22.3% agreeing that "if I had depression I wouldn’t tell…." Conclusion: Political ideology was associated with stigmatizing attitudes toward depression in Sweden. The results also confirm the need to distinguish between different forms of conservatism by observing social distance as being a more important driver among voters for the populist right-wing party compared with personal agency and responsibility among voters for the more traditional conservative party.
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McCoy, Lise, Joy H. Lewis, Harvey Simon, Denise Sackett, Tala Dajani, Christine Morgan e Aaron Hunt. "Learning to Speak Up for Patient Safety: Interprofessional Scenarios for Training Future Healthcare Professionals". Journal of Medical Education and Curricular Development 7 (janeiro de 2020): 238212052093546. http://dx.doi.org/10.1177/2382120520935469.
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Background: Preventable medical errors represent a leading cause of death in the United States. Effective undergraduate medical education (UME) strategies are needed to train medical students in error prevention, early identification of potential errors, and proactive communication. To address this need, a team of faculty from A.T. Still University’s School of Osteopathic Medicine in Arizona developed four digital patient safety case scenarios for second-year medical students. These scenarios were designed to integrate interprofessional collaboration and patient safety principles, increase student ability to identify potential errors, and promote proactive communication skills. Methods: Faculty used Qualtrics to create four digital case scenarios on patient safety covering the following domains: communicating about potential drug-to-drug interactions; effective handoffs; human factors errors, such as fatigue, illness, and stress; and conflicts with supervising resident. In fall 2018, 97 second-year medical students completed the entire safety module in dyad or triad teams. As they worked through each case study, student teams completed 11 assessment questions with instant feedback, and participated in short case debrief discussions. Next, each individual student took a 12-question post-test to assess learning. Descriptive statistics were reviewed for the assessment questions, and case critical thinking discussion answers were reviewed to evaluate student comprehension. Results: The mean score for the module was 95.5% (SD= 6.36%, range = 75%-100%). Seventy-eight students completed the post-test, which had a mean score of 96.5% (SD = 6.51%, range = 66.7%-100%). Student written responses to the four case critical thinking discussion prompts indicated a high level of comprehension. Conclusion: Our results demonstrated that digital case studies can provide an innovative mechanism to introduce key patient safety concepts and experiential practice of interprofessional communication in early UME. Our design and implementation of these engaging interprofessional patient safety training modules provided an opportunity for students to learn key communication and safety concepts in small teams. This training method was cost-effective and could be replicated in other online learning or blended learning environments for a wide range of health professions.
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LaPietra, Elisa, Jennifer Brown Urban e Miriam R. Linver. "Using Cognitive Interviewing to Test Youth Survey and Interview Items in Evaluation: A Case Example". Journal of MultiDisciplinary Evaluation 16, n.º 37 (16 de novembro de 2020): 74–96. http://dx.doi.org/10.56645/jmde.v16i37.651.
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Background: Cognitive interviewing is a pretesting tool used by evaluators to increase item and response option validity. Cognitive interviewing techniques are used to assess the cognitive processes utilized by participants to respond to items. This approach is particularly appropriate for testing items with children and adolescents who have more limited cognitive capacities than adults, vary in their cognitive development, and have a unique perspective on their life experiences and context.
Purpose: This paper presents a case example of cognitive interviewing with youth as part of a national program evaluation, and aims to expand the use of cognitive interviewing as a pretesting tool for both quantitative and qualitative items in evaluation studies involving youth.
Setting: Youth participants were located in four regions of the United States: Northeast, Central, Southern, and Western. Interviewers were located at Montclair State University.
Intervention: Not applicable.
Research design: A cognitive interview measure was designed to include a subset of survey items, interview questions, and verbal probes, to evaluate if these items and questions would be understood as intended by both younger and older youth participants. An iterative design was used with cognitive interviewing testing rounds, analysis, and revisions.
Data Collection and Analysis: The cognitive interview was administered by phone to 10 male youth, five from the 10-13-year-old age range and five from the 15-17-year-old age range. Interviews were audio-recorded, transcribed, reviewed, and coded. Survey items and interview questions were revised based on feedback from the participants and consensus agreement among the evaluation team. Item revisions were included in further testing rounds with new participants.
Findings: As a result of using cognitive interviewing to pretest survey and interview items with youth, response errors were identified. Participants did not understand some of the items and response options as intended, indicating problems with validity. These findings support the use of cognitive interviewing for testing and modifying survey items adapted for use with youth, as well as qualitative interview items. Additionally, the perspective of the youth participants was valuable for informing decisions to modify items and helping the evaluators learn the participants’ program culture and experiences. Based on the findings and limitations of the study, we give practice recommendations for future studies using cognitive interviewing with a youth sample.
Keywords: cognitive interviewing; item validity; response error; verbal probes; pre-testing surveys; qualitative evaluation; interviewing children and adolescents; survey development
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Gilliam, Robert C., e Jonathan E. Pleim. "Performance Assessment of New Land Surface and Planetary Boundary Layer Physics in the WRF-ARW". Journal of Applied Meteorology and Climatology 49, n.º 4 (1 de abril de 2010): 760–74. http://dx.doi.org/10.1175/2009jamc2126.1.
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Abstract The Pleim–Xiu land surface model, Pleim surface layer scheme, and Asymmetric Convective Model (version 2) are now options in version 3.0 of the Weather Research and Forecasting model (WRF) Advanced Research WRF (ARW) core. These physics parameterizations were developed for the fifth-generation Pennsylvania State University–National Center for Atmospheric Research Mesoscale Model (MM5) and have been used extensively by the air quality modeling community, so there was a need based on several factors to extend these parameterizations to WRF. Simulations executed with the new WRF physics are compared with simulations produced with the MM5 and another WRF configuration with a focus on the replication of near-surface meteorological conditions and key planetary boundary layer features. The new physics in WRF is recommended for retrospective simulations, in particular, those used to drive air quality simulations. In the summer, the error of all variables analyzed was slightly lower across the domain in the WRF simulation that used the new physics than in the similar MM5 configuration. This simulation had an even lower error than the other more common WRF configuration. For the cold season case, the model simulation was not as accurate as the other simulations overall, but did well in terms of lower 2-m temperature error in the western part of the model domain (plains and Rocky Mountains) and most of the Northeast. Both MM5 and the other WRF configuration had lower errors across much of the southern and eastern United States in the winter. The 2-m water vapor mixing ratio and 10-m wind were generally well simulated by the new physics suite in WRF when contrasted with the other simulations and modeling studies. Simulated planetary boundary layer features were compared with both wind profiler and aircraft observations, and the new WRF physics results in a more precise wind and temperature structure not only in the stable boundary layer, but also within most of the convective boundary layer. These results suggest that the WRF performance is now at or above the level of MM5. It is thus recommended to drive future air quality applications.
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Hosseini, Mehdi, Heather McNairn, Scott Mitchell, Laura Dingle Robertson, Andrew Davidson, Nima Ahmadian, Avik Bhattacharya et al. "A Comparison between Support Vector Machine and Water Cloud Model for Estimating Crop Leaf Area Index". Remote Sensing 13, n.º 7 (1 de abril de 2021): 1348. http://dx.doi.org/10.3390/rs13071348.
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The water cloud model (WCM) can be inverted to estimate leaf area index (LAI) using the intensity of backscatter from synthetic aperture radar (SAR) sensors. Published studies have demonstrated that the WCM can accurately estimate LAI if the model is effectively calibrated. However, calibration of this model requires access to field measures of LAI as well as soil moisture. In contrast, machine learning (ML) algorithms can be trained to estimate LAI from satellite data, even if field moisture measures are not available. In this study, a support vector machine (SVM) was trained to estimate the LAI for corn, soybeans, rice, and wheat crops. These results were compared to LAI estimates from the WCM. To complete this comparison, in situ and satellite data were collected from seven Joint Experiment for Crop Assessment and Monitoring (JECAM) sites located in Argentina, Canada, Germany, India, Poland, Ukraine and the United States of America (U.S.A.). The models used C-Band backscatter intensity for two polarizations (like-polarization (VV) and cross-polarization (VH)) acquired by the RADARSAT-2 and Sentinel-1 SAR satellites. Both the WCM and SVM models performed well in estimating the LAI of corn. For the SVM, the correlation (R) between estimated LAI for corn and LAI measured in situ was reported as 0.93, with a root mean square error (RMSE) of 0.64 m2m−2 and mean absolute error (MAE) of 0.51 m2m−2. The WCM produced an R-value of 0.89, with only slightly higher errors (RMSE of 0.75 m2m−2 and MAE of 0.61 m2m−2) when estimating corn LAI. For rice, only the SVM model was tested, given the lack of soil moisture measures for this crop. In this case, both high correlations and low errors were observed in estimating the LAI of rice using SVM (R of 0.96, RMSE of 0.41 m2m−2 and MAE of 0.30 m2m−2). However, the results demonstrated that when the calibration points were limited (in this case for soybeans), the WCM outperformed the SVM model. This study demonstrates the importance of testing different modeling approaches over diverse agro-ecosystems to increase confidence in model performance.
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Song, Yunhao, Jinfeng Huang, Erik Toorman e Guolu Yang. "Reconstruction of River Topography for 3D Hydrodynamic Modelling Using Surveyed Cross-Sections: An Improved Algorithm". Water 12, n.º 12 (16 de dezembro de 2020): 3539. http://dx.doi.org/10.3390/w12123539.
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Multidimensional hydrodynamic modelling becomes tricky when lacking the bathymetric data representing the continuous underwater riverbed surface. Light detection and ranging (LiDAR)-based and radar-based digital elevation models (DEMs) are often used to build the high-accuracy floodplain topography, while in most cases the submerged riverbed could not be detected because both radar and LiDAR operate at wavelengths that cannot penetrate the water. Data from other sources is therefore required to establish the riverbed topography. The inundated river channel is often surveyed with an echo sounder to obtain discrete cross-section data. In this context, an improved algorithm based on the classic flow-oriented coordinates transformation is proposed to generate the riverbed topography using surveyed cross-sections. The dimensionless channel width (DCW) processing method is developed within the algorithm to largely increase the prediction accuracy, especially for the meandering reaches. The generated riverbed topography can be merged with the floodplain DEM to create an integrated DEM for 2D and 3D hydrodynamic simulations. Two case studies are carried out: a benchmark test in the Baxter River, United States, with carefully surveyed channel–floodplain topographic data to validate the algorithm, and a 3D hydrodynamic modelling-based application in Three Gorges Reservoir (TGR) area, China. Results from the benchmark case demonstrate very good consistency between the created topography and the surveyed data with root mean square error (RMSE) = 0.17 m and the interpolation accuracy was increased by 55% compared to the traditional method without DCW processing. 3D hydrodynamic modelling results match the observed field data well, indicating that the generated DEM of the TGR area was good enough not only to predict water depths along the tributary, but also to allow the hydrodynamic model to capture the typical features of the complex density currents caused by both the topography of the tributary estuary and the operation rules of TGR.
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Im, Ulas, Jørgen Brandt, Camilla Geels, Kaj Mantzius Hansen, Jesper Heile Christensen, Mikael Skou Andersen, Efisio Solazzo et al. "Assessment and economic valuation of air pollution impacts on human health over Europe and the United States as calculated by a multi-model ensemble in the framework of AQMEII3". Atmospheric Chemistry and Physics 18, n.º 8 (27 de abril de 2018): 5967–89. http://dx.doi.org/10.5194/acp-18-5967-2018.
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Abstract. The impact of air pollution on human health and the associated external costs in Europe and the United States (US) for the year 2010 are modeled by a multi-model ensemble of regional models in the frame of the third phase of the Air Quality Modelling Evaluation International Initiative (AQMEII3). The modeled surface concentrations of O3, CO, SO2 and PM2.5 are used as input to the Economic Valuation of Air Pollution (EVA) system to calculate the resulting health impacts and the associated external costs from each individual model. Along with a base case simulation, additional runs were performed introducing 20 % anthropogenic emission reductions both globally and regionally in Europe, North America and east Asia, as defined by the second phase of the Task Force on Hemispheric Transport of Air Pollution (TF-HTAP2). Health impacts estimated by using concentration inputs from different chemistry–transport models (CTMs) to the EVA system can vary up to a factor of 3 in Europe (12 models) and the United States (3 models). In Europe, the multi-model mean total number of premature deaths (acute and chronic) is calculated to be 414 000, while in the US, it is estimated to be 160 000, in agreement with previous global and regional studies. The economic valuation of these health impacts is calculated to be EUR 300 billion and 145 billion in Europe and the US, respectively. A subset of models that produce the smallest error compared to the surface observations at each time step against an all-model mean ensemble results in increase of health impacts by up to 30 % in Europe, while in the US, the optimal ensemble mean led to a decrease in the calculated health impacts by ∼ 11 %. A total of 54 000 and 27 500 premature deaths can be avoided by a 20 % reduction of global anthropogenic emissions in Europe and the US, respectively. A 20 % reduction of North American anthropogenic emissions avoids a total of ∼ 1000 premature deaths in Europe and 25 000 total premature deaths in the US. A 20 % decrease of anthropogenic emissions within the European source region avoids a total of 47 000 premature deaths in Europe. Reducing the east Asian anthropogenic emissions by 20 % avoids ∼ 2000 total premature deaths in the US. These results show that the domestic anthropogenic emissions make the largest impacts on premature deaths on a continental scale, while foreign sources make a minor contribution to adverse impacts of air pollution.
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Trang, Nguyen Thi Thu, Nguyen Hoai Linh, Nguyen Thi Cam Hoang, Pham Vo Tuan Kiet, Luu Thi Ngoc Loan e Nguyen Thi Hoai Phuc. "RIGHT TO A FAIR-TRIAL WHEN APPLYING ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE - LESSONS AND EXPERIENCES FOR VIETNAM". Journal of Law and Sustainable Development 12, n.º 3 (27 de março de 2024): e601. http://dx.doi.org/10.55908/sdgs.v12i3.601.
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Objective: The article studies the application of AI in the field of criminal justice. Since then, the article evaluates the feasibility and offers solutions and recommendations to ensure the right to a fair trial when applying AI to criminal justice in Vietnam. Methods: To conduct research on the application of AI in criminal justice in Vietnam to ensure the right to a fair trial, the authors used traditional research methods of social science and legal science methods of analysis, synthesis, and case study to achieve the objective of the research. Results: Artificial intelligence (AI) and its application, in general, are a matter of concern in social life in general and law in particular. The application of artificial intelligence in criminal justice to digitize the judicial field is being applied in many parts of the world such as the United States and European countries. Based on the theory of the order of justice before the law, the authors analyzed and assessed the impacts and effects of AI and found that the application of AI in criminal justice can negatively affect the right to a fair trial. Conclusion: Through this study, we propose the following contents to effectively apply AI in Vietnamese criminal justice as follows: (i) The principle of the right to a fair trial must be respected when applying AI in decision-making; (ii) Enhancing the role of investigators, prosecutors, and judges in AI predictive decision-making; (iii) Building a database and AI system development agency in Vietnam; (iv) Upgrading technology infrastructure and databases at Criminal Justice Agencies; (v) Developing communication and training plan on technology and human rights content; (vi) Integrating the right to a fair trial systematically into every stage of the design, development, implementation, and ongoing monitoring of products, services, and systems using AI; (vi) Establishing the Department of AI Development and Use. In the future, the completion of the legal framework to ensure human rights under the influence of AI and legal issues on AI are issues that need to be further studied in Vietnam.