Civil Procedure as a Critical Discussion

This Article develops a model for analyzing legal dispute resolution systems as systems for argumentation. Our model meshes two theories of argument conceived centuries apart: contemporary argumentation theory and classical stasis theory. In this Article, we apply the model to the Federal Rules of Civil Procedure as a proof of concept. Specifically, the model analyzes how the Federal Rules of Civil Procedure function as a staged argumentative critical discussion designed to permit judge and jury to rationally resolve litigants’ differences in a reasonable manner. At a high level, this critical discussion has three phases: a confrontation, an (extended) opening, and a concluding phase. Those phases are the umbrella under which discrete argumentation phases occur at points we call stases. Whenever litigants seek a ruling or judgment, they reach a stasis—a stopping or standing point for arguing procedural points of disagreement. During these stases, the parties make arguments that fall into predictable “commonplace” argument types. Taken together, these stock argument types form a taxonomy of arguments for all civil cases. Our claim that the Federal Rules of Civil Procedure function as a system for argumentation is novel, as is our claim that civil cases breed a taxonomy of argument types. These claims also mark the beginning of a broader project. Starting here with the Federal Rules of Civil Procedure, we embark on a journey that we expect to follow for several years (and which we hope other scholars will join), exploring our model’s application across dispute resolution systems and using it to make normative claims about those systems. From a birds-eye view, this Article also represents a short modern trek in a much longer journey begun by advocates in city states in and near Greece nearly 2500 years ago

Comparison between adenosine triphosphate bioluminescence and aerobic colony count to assess surface sanitation in the hospital environment

Background: Adenosine triphosphate bioluminescence produced by the firefly luciferase has been successfully introduced to verify cleaning procedures in the food industry according to the Hazard Analysis Critical Control Point program. Our aim was to evaluate the reliability of bioluminescence as a tool to monitor the effectiveness of sanitation in healthcare settings, in comparison with the microbiological gold standard. Methods: 614 surfaces of various material were randomly sampled in Policlinico University Hospital units in Palermo, Italy, to detect adenosine triphosphate bioluminescence and aerobic colony count. Linear regression model and Pearson correlation coefficient were used to estimate the relationship between the two variables of the study. Results: Aerobic colony count median was 1.71 colony forming units/cm2 (interquartile range = 3.8), whereas adenosine triphosphate median was 59.9 relative light units/cm2 (interquartile range = 128.3). Pearson coefficient R2 was 0.09. Sensitivity and specificity of bioluminescence test with respect to microbiology were 46% and 71%, whereas positive predictive value and negative predictive value were 53% and 65%, respectively. Conclusion: According to our results, there seemed to be no linear correlation between aerobic colony count and adenosine triphosphate values, suggesting that current bioluminescence technology has not any proportional relationships with culturable microbes contaminating environmental surfaces in health-care settings

Factors influencing flu vaccination in nursing students at Palermo University

Introduction. The purpose of this study was to ascertain the determinants of nursing students' compliance with flu vaccination. Methods. In this cross-sectional study, an anonymous paper questionnaire was administered to students attending the 3-year nursing course at the University of Palermo. Adjusted Odds Ratios (aOR) are presented. Results. 403 nursing students (65% female) completed the questionnaire (response rate 98.5%). The average age of the respondents was 22.0 years (SD ± 3.04). The dependent variable: "In the next season, do you intend to be vaccinated against flu? Yes", displayed a statistically significant association with the following independent variables: "year of study: second" (aOR 2.66), "year of study: third" (aOR 1.72), "Perceived health status: medium-high" (aOR 6.61), "Did you get vaccinated against seasonal flu last year? Yes" (aOR 22.47). Conclusions. Although nursing students are not yet health professionals, they spend part of their time in health facilities for their clinical training and will be the health workers of the future. Involving nursing students in influenza vaccination campaigns can also help them take better care of themselves and their patients

Pre-stack full waveform inversion of ultra-high-frequency marine seismic reflection data

The full waveform inversion (FWI) of seismic reflection data aims to reconstruct a detailed physical properties model of the subsurface, fitting both the amplitude and the traveltime of the reflections generated at physical discontinuities in the propagation medium. Unlike reservoir-scale seismic exploration, where seismic inversion is a widely adopted remote characterization tool, ultrahigh-frequency (UHF, 0.2–4.0 kHz) multichannel marine reflection seismology is still most often limited to a qualitative interpretation of the reflections’ architecture. Here we propose an elastic FWI methodology, custom-tailored for pre-stack UHF marine data in vertically heterogeneous media to obtain a decimetric-scale distribution of P-impedance, density and Poisson’s ratio within the shallow subseabed sediments. We address the deterministic multiparameter inversion in a sequential fashion. The complex trace instantaneous phase is first inverted for the P-wave velocity to make up for the lack of low frequency in the data and reduce the nonlinearity of the problem. This is followed by a short-offset P-impedance optimization and a further step of full offset range Poisson’s ratio inversion. Provided that the seismogram contains wide reflection angles (>40°), we show that it is possible to invert for density and decompose a posteriori the relative contribution of P-wave velocity and density to the P-impedance. A broad range of synthetic tests is used to prove the potential of the methodology and highlights sensitivity issues specific to UHF seismic. An example application to real data is also presented. In the real case, trace normalization is applied to minimize the systematic error deriving from an inaccurate source wavelet estimation. The inverted model for the top 15 m of the subseabed agrees with the local lithological information and core-log data. Thus, we can obtain a detailed remote characterization of the shallow sediments using a multichannel sub-bottom profiler within a reasonable computing cost and with minimal pre-processing. This has the potential to reduce the need of extensive geotechnical coring campaigns

Determinants associated with obesity and physical activity in the public and private schools of the city of palermo

Introduction: Obesity is a medical condition associated with premature death and it is a risk factor for many chronic diseases. In this context, performing a regular physical activity promotes a healthy lifestyle, with significant health benefits. The aim of the study was to investigate behaviors that increase the risk of obesity and the determinants that encourage physical activity among adolescents. Materials and methods: The HBSC (Health Behavior in School-aged Children) questionnaire was administered to students in Palermo's private and public schools. For the sampling of public schools the protocol of the HBSC Surveillance System was followed; for the private ones it was opportunistic. Results: Private school students are more likely to exercise more than 3 days per week (OR 1.58) and are more likely to exercise more than 2 times a week (OR 2.08). Obese students in private schools in Palermo are more likely to perform physical activity for less than 3 days a week (OR 3.52) and a higher risk of not having breakfast (OR 10.11) and a snack between main meals (OR 3.82) every day. For all the schools examined, it emerged that obese subjects are more likely not to consume fruit (OR 3.13), to stay more than 6 hours a day in front of PCs and video games (OR 3.24) and more than 2 hours a day in front of TV (OR 3.79). Male students are more likely to perform physical activity for more than 3 days per week (OR 1.48) and intense physical activity at least 2 times per week (OR 1.76) Conclusions: It is necessary to intervene early with training on school and family in order to promote correct and responsible food choices and increase the level of physical activity among students. Therefore prevention interventions must be an integral part of coherent strategies based on tests of agreed effectiveness in order to minimize the risk linked to the development of diseases

Considerations on the Update of the Risk Assessment Document During the Pandemic State by COVID-19 in Italy

Immediately after the outbreak of the SARS-CoV-2 epidemic (which had risen to the level of a pandemic according to the World Health Organization), the question arose whether or not to update the risk assessment, which, as required by Legislative Decree 81/2008, with the consequent updating of the prevention measures. In light of these forecasts, we asked ourselves whether the risk of coronavirus infection should be taken into account by the employer by updating the risk assessment or not. An in-depth analysis of current legislation has led to the conclusion that the biological risk from SARS-CoV-2 is to be considered specific only in health-related activities, in other activities it can be considered exclusively generic or generic aggravated. The Risk Assessment Document can therefore only be integrated

Sars-cov-2 and the risk assessment document in italian work; specific or generic risk even if aggravated?

In December 2019, several cases of atypical pneumonia were detected in Wuhan city, Hubei province, inland China. The initial outbreak was of considerable size first in China subsequently spread to the rest of the world. Immediately after the epidemic (which according to the World Health Organization had risen to pandemic status), the problem of whether or not to update the occupational risk assessment arose, also considering how the biological risk from SARS CoV-2 should be understood: specific or generic. To this end, we conducted a literature review to identify national health legislation and policies, examining how Italy has addressed the COVID-19 emergency in occupational health planning, in order to develop considerations on the need to update the Risk Assessment Document following the pandemic status. The data that emerged from the review of current legislation allowed us to conclude that the risk from SARS-CoV-2 is in most work activities to be understood as a generic or aggravated generic risk, requiring the employer to apply and control the preventive measures suggested by health authorities to contain the spread of the virus