647 research outputs found

    Pro Se Litigants: Application of a Single Objective Standard Under FRCP 11 to Reduce Frivolous Litigation

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    This Comment addresses the application of Rule 11 sanctions to pro se litigants and argues that based on the language of Rule 11, the concerns expressed in the Advisory Committee Note to Rule 11, and the primary goal of Rule 11 to deter abusive pleadings, a single objective standard should be applied to all parties-attorneys, represented parties, and pro se litigants-to determine whether Rule 11 has been violated. Under this single objective standard, a pro se litigant\u27s lack of legal representation should be considered only in determining the severity of the sanction, not in determining whether Rule 11 has been violated. Section I of this Comment evaluates the language of Rule 11 as amended in 1983 and the accompanying Advisory Committee Note. In Section II, the varying approaches that courts have taken to the application of Rule 11 to pro se litigants are examined through specific Rule 11 cases. Section III discusses the rationale and arguments supporting the application of a single objective test to pro se litigants. Finally, Section IV examines how a single test should be applied to pro se litigants and the proper standards that may factor into the adjudication of a motion for Rule 11 sanctions against a pro se litigant

    Pro Se Litigants: Application of a Single Objective Standard Under FRCP 11 to Reduce Frivolous Litigation

    Get PDF
    This Comment addresses the application of Rule 11 sanctions to pro se litigants and argues that based on the language of Rule 11, the concerns expressed in the Advisory Committee Note to Rule 11, and the primary goal of Rule 11 to deter abusive pleadings, a single objective standard should be applied to all parties-attorneys, represented parties, and pro se litigants-to determine whether Rule 11 has been violated. Under this single objective standard, a pro se litigant\u27s lack of legal representation should be considered only in determining the severity of the sanction, not in determining whether Rule 11 has been violated. Section I of this Comment evaluates the language of Rule 11 as amended in 1983 and the accompanying Advisory Committee Note. In Section II, the varying approaches that courts have taken to the application of Rule 11 to pro se litigants are examined through specific Rule 11 cases. Section III discusses the rationale and arguments supporting the application of a single objective test to pro se litigants. Finally, Section IV examines how a single test should be applied to pro se litigants and the proper standards that may factor into the adjudication of a motion for Rule 11 sanctions against a pro se litigant

    The man in nursing :

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    The study was designed to investigate factors that influence the man nurse's ability to negotiate role strain and possible status contradiction exerted by a feminine sex-typed profession. The following research questions were examined: Are men who choose nursing as a career less traditionally sex-typed and more androgynous than non-nurse men or women nurses? Is androgyny in men nurses associated with a more internal locus of control? Do traditionally sex-typed men nurses avoid role conflict by aligning their occupational role perceptions with their own sex-typed self-perceptions?In a comparison with a large normative sample of non-nurse men, the expectation that men nurses would be more androgynous was not supported. Men nurses were not found more androgynous than women nurses, although women nurses tended to be more sex-typed. No differences were found between locus of control perceptions of androgynous subjects and those of other sex-role identities. Subjects of both genders and of various sex-role categories tended to view the nursing role as congruent with their own sex-typed self-perceptions.Based upon Bandura's social learning theory, the theoretical framework of the study emphasized the mutual interaction of social shaping and reinforcements with cognitive and emotional factors in determining a man's view of the sex-appropriateness of an occupation. Drawing from Bandura's model of reciprocal determinism, it was expected that a man's selection of nursing as a career was in part related to this sex-role socialization; as well as his ability to cognitively and emotionally adapt his view of the profession.Because the profession of nursing has been sex-typed by society as feminine, there has been considerable under-utilization of men in its ranks. Associated with this is a general avoidance of the field by men, with males constituting only slightly more than two percent of the nursing population.The study sample consisted of twenty-six men and twenty-six women nurses, randomly selected from graduates of a large baccalaureate nursing program. Four study instruments were used: a biographical questionnaire, the Bem Sex-Role Inventory, the Ideal Nurse Survey (an adaptation of the Bem Inventory), and the Rotter I-E Locus of Control Scale.While androgynous and undifferentiated self-perceptions appear to facilitate approach of men to a feminine sex-typed profession, the concept of androgyny needs more investigation before its influence on nurse-effectiveness can be established

    Laboratory investigation of visible shuttle glow mechanisms

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    Laboratory experiments designed to uncover mechanistic information about the spectral and spatial characteristics of shuttle glow were conducted. The luminescence was created when a pulse of O atoms traveling at orbital velocities was directed toward NO molecules previously adsorbed to aluminum, nickel, and Z306 Chemglaz (a common baffle black) coated surfaces held at various temperatures. Spectral and spatial measurements were made using a CCD imaging spectrometer. Corroborative spectral information was recorded in separate measurements using a scanning monochromator and gated photomultiplier arrangement. The e-folding distance at several temperatures was calculated from images of the surface glow using the photometrics image processing capability of the imaging spectrometer. The e-folding distance was not altered as a function of incoming O beam velocity. The results are presented and the observations provide direct evidence that the visible shuttle glow results from recombination of oxygen atoms and surface bound NO

    Wind Tunnel Investigation of the Effects of Slot Shape and Flap Location on the Characteristics of a Low-Drag Airfoil Equipped with a 0.25-Chord Slotted Flap

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    Tests were conducted at dynamic pressure of 50 lb per square foot with lift drag and pitch moment measurements throughout useful angle of attack range for constant flap deflection and position of a low-drag airfoil. Two slots were investigated and practical flap paths were selected for each Slot shape had a negligible effect on the maximum lift coefficient flap deflected, the rounded-entry slot had lower profile drag
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