487 research outputs found

    Frivolous Floodgate Fears

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    When rejecting plaintiff-friendly liability standards, courts often cite a fear of opening the floodgates of litigation. Namely, courts point to either a desire to protect the docket of federal courts or a burden on the executive branch. But there is little empirical evidence exploring whether the adoption of a stricter standard can, in fact, decrease the filing of legal claims in this circumstance. This Article empirically analyzes and theoretically models the effect of adopting arguably stricter liability standards on litigation by investigating the context of one of the Supreme Court’s most recent reliances on this argument when adopting a stricter liability standard for causation in employment discrimination claims. In 2013, the Supreme Court held that a plaintiff proving retaliation under Title VII of the Civil Rights Act must prove that their participation in a protected activity was a but-for cause of the adverse employment action they experienced. Rejecting the arguably more plaintiff-friendly motivating-factor standard, the Court stated, “[L]essening the causation standard could also contribute to the filing of frivolous claims, which would siphon resources from efforts by employer[s], administrative agencies, and courts to combat workplace harassment.” Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 358 (2013). And over the past ten years, the Court has overturned the application of motivating-factor causation as applied to at least four different federal antidiscrimination statutes. Contrary to the Supreme Court’s concern that motivating-factor causation encourages frivolous charges, many employment law scholars worry that the heightened but-for standard will deter legitimate claims. This Article empirically explores these concerns, in part using data received from the Equal Employment Opportunity Commission (EEOC) through a Freedom of Information Act (FOIA) request. Specifically, it empirically tests whether the adoption of the but-for causation standard for claims filed under the Age Discrimination in Employment Act and by federal courts of appeals under the Americans with Disabilities Act has impacted the filing of discrimination claims and the outcome of those claims in federal court. Consistent with theory detailed in this Article, the empirical analysis provides evidence that the stricter standard may have increased the docket of the federal courts by decreasing settlement within the EEOC and during litigation. The empirical results weigh in on concerns surrounding the adoption of the but-for causation standard and provide evidence that the floodgates argument, when relied on to deter frivolous filings by changing liability standards, in fact, may do just the opposite by decreasing the likelihood of settlement in the short term, without impacting the filing of claims or other case outcomes

    Set-based state estimation and fault diagnosis using constrained zonotopes and applications

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    This doctoral thesis develops new methods for set-based state estimation and active fault diagnosis (AFD) of (i) nonlinear discrete-time systems, (ii) discrete-time nonlinear systems whose trajectories satisfy nonlinear equality constraints (called invariants), (iii) linear descriptor systems, and (iv) joint state and parameter estimation of nonlinear descriptor systems. Set-based estimation aims to compute tight enclosures of the possible system states in each time step subject to unknown-but-bounded uncertainties. To address this issue, the present doctoral thesis proposes new methods for efficiently propagating constrained zonotopes (CZs) through nonlinear mappings. Besides, this thesis improves the standard prediction-update framework for systems with invariants using new algorithms for refining CZs based on nonlinear constraints. In addition, this thesis introduces a new approach for set-based AFD of a class of nonlinear discrete-time systems. An affine parametrization of the reachable sets is obtained for the design of an optimal input for set-based AFD. In addition, this thesis presents new methods based on CZs for set-valued state estimation and AFD of linear descriptor systems. Linear static constraints on the state variables can be directly incorporated into CZs. Moreover, this thesis proposes a new representation for unbounded sets based on zonotopes, which allows to develop methods for state estimation and AFD also of unstable linear descriptor systems, without the knowledge of an enclosure of all the trajectories of the system. This thesis also develops a new method for set-based joint state and parameter estimation of nonlinear descriptor systems using CZs in a unified framework. Lastly, this manuscript applies the proposed set-based state estimation and AFD methods using CZs to unmanned aerial vehicles, water distribution networks, and a lithium-ion cell.Comment: My PhD Thesis from Federal University of Minas Gerais, Brazil. Most of the research work has already been published in DOIs 10.1109/CDC.2018.8618678, 10.23919/ECC.2018.8550353, 10.1016/j.automatica.2019.108614, 10.1016/j.ifacol.2020.12.2484, 10.1016/j.ifacol.2021.08.308, 10.1016/j.automatica.2021.109638, 10.1109/TCST.2021.3130534, 10.1016/j.automatica.2022.11042

    Optimisation, evaluation and application of cerebrovascular reactivity measurement using magnetic resonance imaging in patients with cerebral small vessel disease

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    Small vessel disease (SVD) is a common cause of strokes and dementia. Currently, there are no treatments; therefore, developing and validating early biomarkers of disease progression and treatment response is important for future drug trials. Though SVD pathogenesis is not well understood, findings from previous studies suggest that blood-brain barrier dysfunction and impaired cerebrovascular reactivity (CVR) contribute to the disease. The latter can be measured in vivo using a vasoactive stimulus in parallel with magnetic resonance imaging (MRI) techniques sensitive to blood flow, such as blood oxygen level dependent (BOLD) contrast, and has frequently been assessed in patients with steno-occlusive diseases. However, it is unclear if the technique is reliable when investigating cerebrovascular health in deep structures of the brain where SVD is prevalent. Therefore, this thesis aimed to assess and optimise the reliability of CVR measurements and deepen our understanding of its role in SVD pathogenesis. A systematic review was performed to provide a detailed overview of CVR MRI methodologies and clinical applications, including SVD, present in the literature, which identified several acquisition and analysis methods, a need for greater standardisation and lack of data on reliability. Specifically in SVD research, there was limited application of CVR MRI in SVD populations, little optimisation and reliability assessment of CVR in deep brain structures relevant to SVD, such as in white and subcortical grey matter. Following those findings, the effects of voxel- and region-based analysis approaches on reliability of CVR estimates were investigated using simulations and test-retest data from healthy volunteers. Voxel-based CVR magnitude estimates in tissues with high noise levels were prone to bias, whereas biases in region-based estimates were independent of noise level, but consistently underestimated CVR magnitude relative to the ground-truth mean. Furthermore, the test-retest study confirmed the repeatability of CVR estimates from a BOLD-CVR experiment with fixed inhaled stimulus, although a systematic, but small, bias was detected due to habituation to the gas challenge. The data from healthy volunteers were further used to conduct a proof-of-concept and investigate the feasibility of extracting cerebral pulsatility from BOLD-CVR data. Small-to-moderate correlations with pulsatility from phase-contrast MRI were found depending on the regions considered. CVR pulsatility was also computed in a small cohort of SVD patients: it was higher than in healthy volunteers, but no associations were found with SVD burden. It was concluded that further optimisation and validation of the technique is needed before being suitable for clinical research. Following the optimisation of the CVR MRI technique, relationships between CVR and SVD neuroimaging features, cognition, stroke severity and outcome were investigated cross-sectionally and longitudinally in a cohort of patients with mild stroke. In the cross-sectional analysis, CVR impairment in normal-appearing and damaged tissues was associated with worse SVD burden and cognition deficit. Furthermore, the longitudinal analysis showed that baseline CVR impairment predicted worsening of white matter hyperintensity and perivascular space volumes after one year. In conclusion, assessment of CVR in the brain and its deeper structures was successfully conducted in healthy volunteers and patients with SVD using MRI. However, this required appropriate optimisation of processing strategy as the latter can affect accuracy of CVR parameters and inter-study comparability. Importantly, applying the technique in a cohort of SVD patients led to the findings that CVR impairment was related to worse SVD burden and is a potential marker of SVD severity and progression

    “You drowned me in tears, where did you go?” Narratives of Reproductive Loss and Grief in Middle-Class India

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    This study is an analysis of middle-class couples’ experiences of reproductive loss, the ensuing grief, and their relentless struggles in order to achieve reproductive success in Kolkata, India. Based on ethnographic engagements, the study explains how the increasingly biomedicalised setting and middle-class ethos of 21st century, urban India shape such profoundly disruptive reproductive experiences. In doing so, the study illustrates how the couple’s experiences of loss and grief were constituted by multiple and intricately entangled enactments of gender roles, gendered emotions, entities, and normative concepts. Finally, the study pays attention to the processual utilisation of constrained agency by the actors, particularly, by the women, in order to show how they coped with their loss as well as their disrupted conjugal lives

    Advanced Materials and Technologies in Nanogenerators

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    This reprint discusses the various applications, new materials, and evolution in the field of nanogenerators. This lays the foundation for the popularization of their broad applications in energy science, environmental protection, wearable electronics, self-powered sensors, medical science, robotics, and artificial intelligence

    The Future of Roe and the Gender Pay Gap: An Empirical Assessment

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    In Dobbs v. Jackson Women’s Health Organization, the Supreme Court upheld a Mississippi law that prohibits nearly all abortions after the fifteenth week of pregnancy and overruled the holding in Roe v. Wade. Among the many arguments raised in Dobbs in an attempt to overturn Roe, the State of Mississippi argued that due to “the march of progress” in women’s role in society, abortion rights are no longer necessary for women to participate equally in economic life. It has also been argued that there is no empirical support to the relationship between abortion rights and women’s economic success in society. This Article will empirically examine both of these arguments, and it provides compelling evidence to reject each of them. To do so, we adopt a novel methodology that utilizes the enforcement of Targeted Regulation of Abortion Providers (TRAP) laws as proxies for abortion restrictions. We study the effects of over forty years of legislation on the participation of American women in the labor market. Our findings suggest that the introduction of TRAP laws has widened the gender pay gap between women of childbearing age and the rest of the population. Our analysis offers two potential explanations regarding the mechanisms based on which TRAP laws widen this gap: they push women out of the labor force and into choosing lower-paying jobs. Ultimately, these findings foreshadow the future landscape of gender inequality in the United States in the post-Roe era

    In the Best Interests of Whom?: An Analysis of Judicial Bias in Custody Disputes Involving Transgender Children

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    Anti-transgender discrimination and bias loom large in many areas of our society, but perhaps one of the most concerning settings is within the four walls of a courtroom. Evidence suggests that judicial decision making in custody determinations involving transgender children are influenced by anti-transgender bias. In this Note, I examine the current best practice for treating transgender children, the affirmative model, and explore the legal landscape of custody cases involving parents who disagree on how to treat their transgender child. I then suggest a model of comprehensive judicial education reform to help eliminate antitransgender bias from family courts in the United States

    Obstetric Violence as a Civil Battery: Exploring the Limitations of Tort Law in the Context of Unauthorised Vaginal Examinations

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    This thesis considers the use of the civil tort of battery to address one form of obstetric violence: unauthorised vaginal examinations. The work critically engages with the benefits and limitations of applying tortious battery to this manifestation of obstetric violence, and determines the extent to which the action could address the wrongs and harms of UVEs
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