30 research outputs found
The Not-So-Silent Side Effects of Upzoning: Noise Pollution
No full textA broad coalition has formed to oppose restrictive zoning laws. According to this coalition, zoning is largely to blame for the current housing crisis facing the United States, and to increase the housing supply, cities across the country should embrace upzoning—that is, loosen zoning laws to allow for greater density. Like many other well-intentioned policy changes, upzoning has the possibility for negative unintended consequences. Among those consequences is noise pollution. In recent decades, noise pollution has gone largely undiscussed in the United States. Notwithstanding this neglect, existing research demonstrates that noise pollution can have serious adverse effects on people’s health and performance. If upzoning is inevitable in a country intent on addressing the housing crisis, it is critical to ensure that one of its attendant consequences—noise pollution—is mitigated to the greatest extent possible. To this end, this Note explores the current legal landscape controlling noise at the federal, state, and local levels. Since the 1970s, noise control has mostly been within the purview of local governments, resulting in a wide variance in noise control across the country. This Note recommends standard language that states should adopt for residential noise control. This standard language prioritizes the protection of noise receivers, based on the ancient maxim of sic utere, while allowing for certain variation between localities, recognizing that idiosyncratic needs vary among communities. Adopting this standard language is a first step in minimizing the noisy effects of densification
Volume IV
No full textThe LRC decided to have a theme of Civil Rights for the 2020-2021 academic year, and all eight articles in this volume are representative of our Civil Rights theme. I hope that the articles in this volume will encourage you, the reader, to critically engage with the laws and legal institutions in place in both the state of Alabama and our nation. Perhaps you will be inspired to write an article of your own, and if so, I hope you will consider submitting to the CJLPP. Our readers and authors are the key to our success.
-Mackenzi Barrett, Present, Legal Research Clu
A Constitutional False Claims Act
No full textThe False Claims Act (FCA) represents one of the most important sources, if not the most important source, of liability in the healthcare system and other industries that routinely provide goods and services to the federal government. Originally designed to police fraud during the Civil War, the FCA has become a general statute to enforce many other complex legal schemes. Because failure to comply with complicated statutes and regulations can lead to a reimbursement claim being defined as false under the FCA, the FCA serves as a blunt instrument to cudgel those who fail to comply with the minutiae of federal regulatory schemes. And because the FCA provides for treble damages and a civil monetary penalty of nearly 1.3 billion per year. In some years, total FCA liability sometimes exceeds and is often in the same general range of total medical malpractice liability as well as total blockbuster punitive damages awards, which includes punitive awards of $100 million or more across all types of cases.
Based on the size and nature of liability under the FCA, this Article offers a new path to restraining these large awards under the Excessive Fines and Due Process Clauses. By carefully separating the compensatory and punitive aspects of FCA liability, this Article demonstrates the conditions under which the Excessive Fines and Due Process Clauses must apply to sanctions and damages under the FCA. Having done so, it provides specific recommendations on how to vindicate the underlying goals of both these constitutional clauses and ensure that defendants have adequate protection from extreme liability based on byzantine regulatory schemes
Volume III, No. II
No full textIt is with much pep and vigor that I present to you the second
issue of the third volume of the Capstone Journal of Law and Public
Policy.
When I look back to where we started with this Journal, six
semesters ago, I could not be prouder of our continued progress
towards legal excellence and rigorous scholarship. We have
transformed from a small and dedicated group of budding legal
scholars, into a rapidly growing amalgamation of students across
campus. No longer are we restricted to the traditional legal
disciplines. As students across our campus and the southeast are
beginning to recognize the intersection of their respective disciplines
and passions with the law, we have seen an even broader range of
topics and disciplines represented in our submission pool and
editorial staff alike.
-Henry Pitts, Editor in Chie
Reexamining occupational and physical therapists' use of the "6-Clicks" assessment in acute care as a tool to inform discharge location recommendations
No full text2018 Summer.Includes bibliographical references.Background: The "6-Clicks" is a functional status measure used in acute care rehabilitation settings to inform discharge recommendations. Research is limited examining the assumption of first versus last score on outcomes measures and other factors known to influence discharge recommendation. The purpose of this study was to address those gaps in research. Methods: Hospital electronic medical record data from adults admitted to a neurosciences unit between June 2014 and June 2016 were analyzed retrospectively. Logistic regression models were used to compare initial and final "6-Clicks" score for both the Daily Activity and Basic Mobility forms used in acute care as predictors of a home versus not-home discharge. Hierarchical linear regression models were used to examine the impact of predisposing, enabling and illness level factors on discharge location. Results: 1513 individuals were included; 55% of which were discharged home. Final scores were significantly higher than initial scores. Compared to those discharged home, individuals had significantly lower scores across both forms. Final scores were stronger predictors than initial scores. "6-clicks" score, length of stay, and having Medicaid emerged as significant predictors of discharge location. Conclusions: Final "6-Clicks" scores may indicate a more appropriate discharge location based on current status rather. Recommendations based on factors other than need, such as payer type, may have severe implications, potentially on readmission and disparities in quality of care
Occupational therapy in an equine environment: a transactional description of practice
No full text2018 Summer.Includes bibliographical references.Objective: The purpose of this thesis was to vividly illustrate and comprehensively depict occupational therapy in an equine-environment (OTee) –a novel intervention for children with autism spectrum disorder (ASD)– using a transactional perspective of inquiry. Method: This thesis is comprised of three chapters: an introduction and statement of the problem, a manuscript written for submission to the Journal of Occupational Science and a final chapter reflecting on the thesis process. The study at the center of the manuscript sought to create an account of OTee using methods informed by a transactional perspective. Guided by this theoretical framework, a hermeneutic narrative analysis was chosen to systematically move through almost 40 hours of video data and accompanying field notes. I conducted the narrative analysis in three steps, following a hermeneutic arc: naïve interpretation, structural analysis and comprehensive understanding. Results: Through the process of narrative analysis, I produced a holistic description of OTee that captured a large portion of the entire occupational experience. The results show that OTee takes place across six architectural spaces. There were six categories of actors that played important roles during the intervention. Seventeen distinct occupational opportunities were identified and were organized in a consistent pattern across sessions. Individual differences in the construction of the intervention were found across the children with ASD, typically relevant to the occupational goals or challenges identified by the therapists before the intervention began. A narrative description of OTee was then created, pulling all of the individual components together and relating parts to a great whole. Three segments were identified and used to structure the storytelling, beginning with pre-mounted time, to mounted time and finally to post-mounted time. The roles of the actors are explored during each segment, as well as how they related to the architectural spaces and the other actors over time. Conclusion: Hermeneutic narrative analysis is an effective method for producing a comprehensive description of OTee. As of yet, no study of any equine-assisted activity or therapy has produced a description of practice with as much detail while portraying the entire context as in this study. I argue that this work is consistent with the current literature attempting to adapt a transactional perspective to the study of occupation. Further, the methods I chose are novel and advance our understanding of occupation by illustrating occupational therapy in a way never before available
A demora na entrega da tutela jurisdicional
No full textDesenvolve-se neste trabalho pesquisa voltada para a
verificação das causas fáticas, sistemáticas, e científicas sobre
a demora na entrega da prestação jurisdicional em forma de
tutela específica. Buscou-se analisar e verificar quais os fatores
concorrentes para o efeito de morosidade no desempenho
tanto das implicações científicas processuais, como as
políticas, e administrativas que conduzem à produção do
fenômeno. Para tanto, parte-se de conceituação mais precisa
possível dos componentes que embasam as conclusões sobre
os pontos acima discriminados, partindo das concepções
elementares de tutela jurisdicional e de razoável duração do
processo como direito fundamental à dignidade humana.It was developed in this research work focused on
verifying the factual causes, systematic, and scientific
information on the delay in the delivery of judicial assistance in
the form of specific protection. We tried to analyze and verify the factors for the competing effect of the slow performance of both the scientific implications of procedure, such as policies, and administrative leading to the production of the phenomenon.
To this end, the author is as accurate as possible
conceptualization of the components that support the
conclusions about the points listed above, starting from
elementary concepts of guardianship and legal and reasonable
duration of the process as a fundamental right to human dignity.Universidade Presbiteriana Mackenzi
Sexualidade no protestantismo brasileiro: um olhar historico-teológico
No full textA presente pesquisa, numa abordagem histórico-teológica, analisa a pedagogia sexual no protestantismo brasileiro por meio da literatura publicada sobre este tema para o consumo dos membros de igreja. Foram traçados dois objetivos para este trabalho: a) Explicitar como a sexualidade foi representada na patrística e na teologia clássica do Protestantismo; b) Investigar como a sexualidade tem sido representada na produção editorial e acadêmica sobre o tema no Protestantismo brasileiro, especialmente na chamada pedagogia sexual do Protestantismo. Prócoro Velasques Filho (O Comportamento Protestante), Robinson Cavalcanti (Uma Bênção Chamada Sexo, Libertação e Sexualidade) e Antônio Máspoli de Araújo Gomes (As Representações Sociais do Corpo e da Sexualidade no Protestantismo Brasileiro) foram utilizados como referenciais teóricos. O pesquisador trabalhou através do método de pesquisa bibliográfico literário.This research, in its historical-theological approach, analyzes sexual pedagogy in Brazilian Protestantism through the published literature on this topic for church members. Two objectives were set for this study: a) Explain how sexuality has been represented in the patristic and classical theology of Protestantism; b) Investigate how sexuality has been represented in the published literature and academic research on the topic in the Brazilian Protestantism, especially in the so-called sexual pedagogy of Protestantism. As theoretical frameworks, the author used Prócoro Velasques Filho (O Comportamento Protestante), Robinson Cavalcanti (Uma Bênção Chamada Sexo, Libertação e Sexualidade) and Antônio Máspoli de Araújo Gomes (As Representações Sociais do Corpo e da Sexualidade no Protestantismo Brasileiro). The researcher worked through the method of literary bibliographical research.Instituto Presbiteriano Mackenzi
Development, validation, and implementation strategies for the exercise in cancer evaluation and decision support (EXCEEDS) algorithm
No full text2021 Summer.Includes bibliographical references.Background: Clinical practice guidelines recommend referral to cancer rehabilitation or exercise services (CRES) to optimize survivorship. Yet, ability to connect the right survivor with the right CRES at the right time is an ongoing challenge and barrier to utilization of these services. Objective: I aimed to develop a CRES decision support algorithm and used Delphi methodology to systematically: (1) evaluate the algorithm's acceptability and utility; and (2) establish consensus for implementation priorities including key stakeholders, platforms and strategies. Method: I performed a literature review and synthesis, then convened a multidisciplinary expert stakeholder group to participate in algorithm development. We worked iteratively and collaboratively until consensus was reached for content and format of the Exercise in Cancer Evaluation and Decision Support (EXCEEDS) algorithm and conceptual model. Then I recruited international clinical and research experts to participate in the two-part (three survey) online modified Delphi study. In Part 1, participants completed one survey including: (1) CRES recommendations for two randomized case studies in two conditions (using EXCEEDS vs. without EXCEEDS); (2) the Acceptability of Implementation Measure (AIM); and (3) open-ended feedback on the algorithm. Following this survey, I compared decision efficiency (accuracy and duration) between conditions (EXCEEDS vs. independently) for each case study using frequencies (hypothesis ≥75% accurate) and paired samples t-test (p <.05), then calculated consensus for each AIM domain ("meets approval", "is appealing", "welcome in my field/practice"; hypothesis ≥70% agreement) and overall score (hypothesized mean ≥ 4.0). These results were reported to participants in Part 2. I also performed inductive thematic analysis of open-ended feedback. In Part 2 of the Delphi study, participants completed a series of two surveys including ranking the following items using curated lists: (1) stakeholder group (1 -most likely to 7- least likely to benefit), (2) platform (1 - most likely to 6- least likely to be beneficial) and, implementation strategies (1 - most important to 15- least important for successful implementation). I performed preliminary analysis of each ranking using measures of central tendency (median and IQR), then calculated the proportion of participants who ranked each option as a high priority. Ten implementation strategies were ranked as high priority and returned to participants for the final survey where they rated each strategy in terms of effort associated with using the strategy (1 - low effort to 4 - high effort) and potential impact of the strategy on successful implementation of the EXCEEDS algorithm (1 – low impact to 4 - high impact). Following the Eisenhower Urgent-Important Matrix Method, I plotted the effort/impact scores in four quadrants representing effort and impact for each strategy to determine implementation priorities. Results: The final EXCEEDS algorithm combines biomedical and individual characteristics associated with need for supervised skilled CRES into 11 risk-stratified dichotomous (yes/no) questions, organized into two sections: (1) pre-exercise medical clearance recommendation, and (2) CRES triage recommendation. Delphi study participants (N=133) represented all CRES stakeholder groups (oncology, physical medicine and rehabilitation, exercise science, etc.). Loss to follow up between surveys ranged 28% (survey 3) to 43% (survey 2). When using the EXCEEDS algorithm, decision accuracy improved in six (of eight) conditions (75%) and duration improved in all conditions (N=4, p <.05). Consensus was achieved in three AIM domains (75%); overall AIM score was M=3.90 ± 0.473 (range = 1.0 – 5.0). Qualitative themes from participant feedback include: (1) algorithm strengths (n = 123, 40.9%), (2) implementation considerations (n=93, 30.5%), and (3) areas for revision (n=87, 28.5%). Oncology clinicians and administrators were the highest-ranked stakeholder group (Median=2.0, IQR= 1.0 – 3.75, 75.0% agreement) and the only one to achieve consensus. Open-access internet was the highest-ranked implementation platform (Median =2.0, IQR= 1.0 – 3.5, 72.4% agreement) and the only one to achieve consensus. Consensus was achieved for eight of the ten highest-ranked implementation strategies (80%, inter-rater agreement range = 93.4% - 71.1%). Two strategies were categorized as urgent/important: "develop educational materials" and "remind clinicians". Seven strategies were categorized important/not urgent. One strategy, "model and simulate change", was categorized as not important/not urgent. Conclusion: The EXCEEDS algorithm is an acceptable and efficient evidence-based solution to identify and connect the right survivor, with the right CRES, at the right time. Thus, implementation of the EXCEEDS algorithm guided by the consensus-based priorities identified in the Delphi study has the potential to improve CRES coordination and utilization. Future hybrid studies will be used to determine prospective efficacy and best practices for implementation
Monstrumanidade: o encontro entre o humano e o monstro no cinema de Tod Browning
No full textEsperando contribuir para ampliar as discussões sobre a questão do imaginário cultural popular americano, o objetivo da presente dissertação é refletir sobre o conceito de normalidade e anormalidade apresentado no filme Freaks (1932), dedicado à representação do universo social e cultural dos sideshows. Apresentaremos as influências que transpassaram o caminho do diretor Tod Browning, buscando referências para a formação do seu cinema autoral em sua história vivida desde a juventude como artista itinerante até a dimensão como ator de pastelão, diretor e roteirista de seus próprios filmes. Discutiremos também algumas razões que levaram à emancipação do gênero de horror no período da Grande Depressão, buscando referências estéticas, literárias e políticas na narrativa de seus principais clássicos. Baseando-se nesses estudos, esta pesquisa transita de forma interdisciplinar pelas linguagens História da Cultura e Cinematográfica, apresentando o encontro entre monstros e humanos e o modo como são expressos no corpo exposto em Freaks.Hoping to contribute to broaden the discussion on the issue of popular American cultural imaginary, the objective of this dissertation is to reflect on the concept of normality and abnormality featured in the movie Freaks (1932), dedicated to the representation of the social and cultural universe of sideshows. We will present the influences that pierced the way director Tod Browning, searching referrals for the formation of his author cinema in his history since his youth as itinerant artist until the dimension of slapstick actor, director and writer of his own films. We'll also discuss some of the reasons that led to the emancipation of the horror genre during the Great Depression, seeking aesthetic, literary and political references in the narrative of his major classics. Based on these studies, this research transits in an interdisciplinary way by languages History of Culture and Film, presenting an encounter between monsters and humans and the way how they are expressed in the body exposed in Freaks.Universidade Presbiteriana Mackenzi
