118 research outputs found

    Standing Up For Their Data: Recognizing the True Nature of Injuries in Data Breach Claims to Afford Plaintiffs Article III Standing

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    Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the plaintiffs have Article III standing to pursue claims. Many of the district courts hearing data breach claims have refused to grant standing because of their interpretation of a recent case addressing constitutional standing, Clapper v. Amnesty International. These courts have concluded that Clapper represents a “tightening” of the traditional standing test under which data breach plaintiffs’ claims that they will suffer harm are too speculative. These courts are misguided in their analyses. First, the Supreme Court’s decision in Clapper was based on an especially rigorous application of the traditional standing test due to constitutional and national security concerns present in the case. Data breach claims should not be subject to this same level of rigor. Second, these district courts are misreading Clapper to require a demonstration of an injury in data breach cases that is not necessary. These courts are looking for some type of quantifiable injury stemming from the data breach when all that Clapper requires is a demonstration that the plaintiffs’ data was lost in the breach. Courts should subscribe to this more accurate application of the standing test and of Clapper to grant data breach plaintiffs the day in court to which they are entitled

    Under-Reporting Of Returns By Alternative Asset Funds

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    Self-reported interim rates of return have always drawn a skeptical eye. Alternative assets have generally provided the least transparency of any investment class, and thus the reported returns have often been considered suspect. A previous study compared the reported returns for a sample of alternative asset funds to the “true” returns (with the “true” return being defined as the rate of return needed to equate the cash flows from the investment), and found that the alternative asset funds generally provided accurate returns. This paper (using the same data set) examines the issue from a different perspective, and concludes that every single alternative asset fund in the sample actually under-reported the rate of return

    Human Biomechanical and Cardiopulmonary Responses to Partial Gravity – A Systematic Review

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    The European Space Agency has recently announced to progress from low Earth orbit missions on the International Space Station to other mission scenarios such as exploration of the Moon or Mars. Therefore, the Moon is considered to be the next likely target for European human space explorations. Compared to microgravity (µg), only very little is known about the physiological effects of exposure to partial gravity (µg < partial gravity < 1 g). However, previous research studies and experiences made during the Apollo missions comprise a valuable source of information that should be taken into account when planning human space explorations to reduced gravity environments. This systematic review summarizes the different effects of partial gravity (0.1-0.4 g) on the human musculoskeletal, cardiovascular and respiratory systems using data collected during the Apollo missions as well as outcomes from terrestrial models of reduced gravity with either 1 g or microgravity as a control. The evidence-based findings seek to facilitate decision making concerning the best medical and exercise support to maintain astronauts’ health during future missions in partial gravity. The initial search generated 1323 publication hits. Out of these 1323 publications, 43 studies were included into the present analysis and relevant data were extracted. None of the 43 included studies investigated long-term effects. Studies investigating the immediate effects of partial gravity exposure reveal that cardiopulmonary parameters such as heart rate, oxygen consumption, metabolic rate and cost of transport are reduced compared to 1 g, whereas stroke volume seems to increase with decreasing gravity levels. Biomechanical studies reveal that ground reaction forces, mechanical work, stance phase duration, stride frequency, duty factor and preferred walk-to-run transition speed are reduced compared to 1 g. Partial gravity exposure below 0.4 g seems to be insufficient to maintain musculoskeletal and cardiopulmonary properties in the long-term. To compensate for the anticipated lack of mechanical and metabolic stimuli some form of exercise countermeasure appears to be necessary in order to maintain reasonable astronauts’ health, and thus ensure both sufficient work performance and mission safety

    Dynamic Reflectarray Technology for Electro-Optical Sensors

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    An array of two or more tunable electro-optical reflecting elements where the phase response of one to more elements may be adjusted by a variety of approaches including, but not limited to a liquid crystal superstrate, schottky contact(s), ultra-violet radiation pulses, and illumination of photoconductive substances. Methods and apparatus for direct and/or adaptive control of phase response via the above approaches are also discussed

    Synergistic research synthesis enabling evidence based practice

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    Introduction Evidence based practice requires showing upon what we are basing medical opinions and guidelines, or recognising when evidence is absent that guidance is “expert opinion” and research is required to fill evidence gaps. Aerospace is one of the final medical fields to begin organising a critical summary, adapted periodically, of evidence underpinning operations, and the Aerospace Medicine Systematic Review Group is a new initiative to fill this gap. This group facilitates high quality, transparent synthesis of evidence, to inform operational medical guidelines in best practice, while simultaneously guiding future research by identifying research gaps. The group has (A) facilitated a second review with the European Space Agency Medical Office to inform human Lunar and Martian mission medical considerations and (B) developed and published, open access, new review methods to aid others to undertake aerospace medicine systematic reviews. Methods (A) Electronic databases were searched from the start of records to April 2016. Studies were assessed with the Cochrane risk of bias tool. Effect size analysis was used to assess the effect of various g loading on human biomechanical and cardiopulmonary systems. (B) A new rating scale to appraise technical principles of studies to simulate partial gravity was implemented. Additional method guides for developing questions, protocol drafting, data extracting, quantifying effects and scoring a bed rest study quality were also developed. Results (A) The review identified 43 studies that found partial gravity appears unable to protect against cardiovascular and biomechanical changes. (B) The group designed and developed a website (www.aerospacemed.rehab/systematic-review-group) to provide free access to methods developed by the group and provide links to wider resources. Discussion The systematic review informed medical considerations for future human exploration missions and demonstrates how systematic synthesis of the evidence base more strongly and better informs medical operations than expert opinion, basic reviews or disordered individual studies. Limitations in the current conduct and reporting of aerospace medicine research are also highlighted. Continuing development of review methods, published as open access guides on the group website and working with review teams globally, will help bring synergy to, and enable high quality summary, of the aerospace medicine evidence base

    Religion in the Age of Social Distancing: How COVID-19 Presents New Directions for Research

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    This article is made available for unrestricted research re-use and secondary analysis in any form or be any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic.In this brief note written during a global pandemic, we consider some of the important ways this historical moment is altering the religious landscape, aiming our investigative lens at how religious institutions, congregations, and individuals are affected by the social changes produced by COVID-19. This unprecedented time prompts scholars of religion to reflect on how to strategically approach the study of religion in the time of “social distancing,” as well as moving forward. Particularly important considerations include developing heuristic, innovative approaches for revealing ongoing changes to religion, as well as how religion continues to structure social life across a wide range of contexts, from the most intimate and personal to the most public and global. Although our note can only be indicative rather than exhaustive, we do suggest that the initial groundwork for reconsiderations might productively focus on several key analytical themes, including: Epidemiology, Ideology, Religious Practice, Religious Organizations and Institutions, as well as Epistemology and Methodology. In offering these considerations as a starting point, we remain aware (and hopeful) that inventive and unanticipated approaches will also emerge
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