In Honor of Walter O. Weyrauch: Substantive Due Process Limits on Punitive Damages Awards: Morals Without Technique ?

In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc decisions. The harmful results of this approach are evident in the Court’s recent decision, Philip Morris USA v. Williams, which requires states to instruct juries in terms of a distinction that the four dissenting judges refer to as elusive, unclear, and confusing. Even if one accepts the view that there should be, at some point, substantive due process limits on the amount of punitive damages, decisions like Williams are likely to make the process less fair and reliable. Therefore, the Court should abandon its current approach, which is both unnecessary and likely to do more harm than good, and should, instead, be more deferential to the state courts and legislatures, and be more concerned with developing a coherent framework

In Honor of Walter O. Weyrauch: Substantive Due Process Limits on Punitive Damages Awards: Morals Without Technique ?

In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc decisions. The harmful results of this approach are evident in the Court’s recent decision, Philip Morris USA v. Williams, which requires states to instruct juries in terms of a distinction that the four dissenting judges refer to as elusive, unclear, and confusing. Even if one accepts the view that there should be, at some point, substantive due process limits on the amount of punitive damages, decisions like Williams are likely to make the process less fair and reliable. Therefore, the Court should abandon its current approach, which is both unnecessary and likely to do more harm than good, and should, instead, be more deferential to the state courts and legislatures, and be more concerned with developing a coherent framework

Assessing Mentoring Culture: Faculty and Staff Perceptions, Gaps, and Strengths

The purpose of this non-experimental, cross-sectional, descriptive research was to survey faculty and staff perceptions of mentorship in a postsecondary institution in order to determine gaps and strengths in the current mentorship environment. The anecdotal activities we present reflect our educational practice environment through the work of our Mentorship Team. Data were collected utilizing Zachary’s Mentor Culture Audit tool. The culture building block measured 4.65 on a 7-point Likert scale, suggesting the presence of a weak mentorship culture. However, the infrastructure building block measured only 3.41, showing that organizational resources and supports are below average. We also present eight hallmark category results to further identify strengths and gaps. This is the first assessment of our mentoring culture at an organizational level. Other postsecondary institutions may benefit from formally assessing the gaps in and strengths of their mentorship culture to assist them with acquiring adequate resources to further develop and sustain their mentoring activities.  Le but de cette recherche descriptive, non expérimentale et multidisciplinaire est de sonder le personnel et le corps professoral quant à ses perceptions du mentorat d’un établissement d’enseignement postsecondaire, afin de déterminer les lacunes et les points forts de leur programme. Les activités présentées reflètent le milieu de pratique professionnelle de notre équipe de mentorat. Les données ont été recueillies avec l’outil Zachary’s Mentor Culture Audit. Le résultat de la culture de l’établissement était de 4,65 sur 7 selon l’échelle de Likert, suggérant une faible culture de mentorat. Toutefois, l’infrastructure institutionnelle mesurait à peine 3,41, démontrant que les ressources et le soutien organisationnels se situent au-dessous de la moyenne. On présente également les résultats de huit autres catégories d’importance pour identifier davantage les points forts et les lacunes. Il s’agit de notre première évaluation d’une culture de mentorat dans une organisation. D’autres établissements postsecondaires peuvent bénéficier de l’évaluation formelle de leurs programmes de mentorat afin d’aider à l’acquisition de ressources adéquates pour continuer à développer et à soutenir leurs activités de mentorat

Toys That Listen: A Study of Parents, Children, and Internet-Connected Toys

Hello Barbie, CogniToys Dino, and Amazon Echo are part of a new wave of connected toys and gadgets for the home that listen. Unlike the smartphone, these devices are always on, blending into the background until needed. We conducted interviews with parent-child pairs in which they interacted with Hello Barbie and CogniToys Dino, shedding light on children’s expectations of the toys’ “intelligence” and parents’ privacy concerns and expectations for parental controls. We find that children were often unaware that others might be able to hear what was said to the toy, and that some parents draw connections between the toys and similar tools not intended as toys (e.g., Siri, Alexa) with which their children already interact. Our findings illuminate people’s mental models and experiences with these emerging technologies and will help inform the future designs of interactive, connected toys and gadgets. We conclude with recommendations for designers and policy makers.https://digitalcommons.law.uw.edu/techlab/1002/thumbnail.jp

HyFlex pedagogy: six strategies supported by design-based research

Purpose–This study investigates the following research question: What pedagogical strategies are necessary for the success of the project? The findings to this question are based in new media literacies and help to further pedagogy in an emerging HyFlex model while also grounding in needed theorization. Design/methodology/approach–This study uses design-based research(DBR) across two iterations and four doctoral, higher education courses, using mixed methods of data collection and analysis. Findings–Six pedagogical strategies influential for HyFlex research are presented, each grounded in a new media literacy skill. Originality/value–These six pedagogical strategies help practitioners grappling with the HyFlex or blended learning model merge traditional pedagogy with how this might be tailored for students entrenched in a participatory culture

Regional Climate Trends and Scenarios for the U.S. National Climate Assessment Part 4. Climate of the U.S. Great Plains

This document is one of series of regional climate descriptions designed to provide input that can be used in the development of the National Climate Assessment (NCA). As part of a sustained assessment approach, it is intended that these documents will be updated as new and well-vetted model results are available and as new climate scenario needs become clear. It is also hoped that these documents (and associated data and resources) are of direct benefit to decision makers and communities seeking to use this information in developing adaptation plans. There are nine reports in this series, one each for eight regions defined by the NCA, and one for the contiguous U.S. The eight NCA regions are the Northeast, Southeast, Midwest, Great Plains, Northwest, Southwest, Alaska, and Hawai‘i/Pacific Islands. These documents include a description of the observed historical climate conditions for each region and a set of climate scenarios as plausible futures – these components are described in more detail below. While the datasets and simulations in these regional climate documents are not, by themselves, new, (they have been previously published in various sources), these documents represent a more complete and targeted synthesis of historical and plausible future climate conditions around the specific regions of the NCA. There are two components of these descriptions. One component is a description of the historical climate conditions in the region. The other component is a description of the climate conditions associated with two future pathways of greenhouse gas emissions

Sleep disturbance in movement disorders:insights, treatments and challenges

Sleep and circadian rhythm disturbances are central features of many movement disorders, exacerbating motor and non-motor symptoms and impairing quality of life. Understanding these disturbances to sleep is clinically important and may further our understanding of the underlying movement disorder. This review evaluates the current anatomical and neurochemical understanding of normal sleep and the recognised primary sleep disorders. In addition, we undertook a systematic review of the evidence for disruption to sleep across multiple movement disorders. Rapid eye movement sleep behaviour disorder has emerged as the most reliable prodromal biomarker for the alpha synucleinopathies, including Parkinson’s disease and multiple system atrophy, often preceding motor symptom onset by several years. Abnormal sleep has also been described for many other movement disorders, but further evidence is needed to determine whether this is a primary or secondary phenotypic component of the underlying condition. Medication used in the treatment of motor symptoms also affects sleep and can aggravate or cause certain sleep disorders. Within the context of movement disorders, there is also some suggestion of a shared underlying mechanism for motor and sleep pathophysiology, with evidence implicating thalamic and brainstem structures and monoaminergic neurotransmission. This review highlights the need for an understanding of normal and abnormal sleep within the movement disorder clinic, an ability to screen for specific causes of poor sleep and to treat sleep disturbance to improve quality of life. Key sleep disorders also act as important biomarkers and have implications in diagnosis, prognosis and the development of future therapies

Frailty knowledge, training and barriers to frailty management: A national cross-sectional survey of health professionals in Australia

Objective(s): To understand Australian health professionals\u27 perceptions of their knowledge and previous training about frailty, as well as barriers to frailty assessment and management in their practice. Methods: A cross-sectional online survey was developed and distributed to health professionals (medical, nursing and allied health) engaged in clinical practice in Australia through convenience and snowball sampling techniques from March to May 2022. The survey consisted of five sections: frailty training and knowledge; confidence in recognising and managing adults with frailty; the importance and relevance of frailty; barriers to assessing and managing frailty in practice; and interest in further frailty training. Responses were analysed using descriptive statistics. Results: The survey was taken by 736 health professionals. Less than half of respondents (44%, 321/733) reported receiving any training on frailty, with 14% (105/733) receiving training specifically focussed on frailty. Most respondents (78%, 556/712) reported ‘good’ or ‘fair’ understanding of frailty. The majority (64%, 448/694) reported being ‘fairly’ or ‘somewhat’ confident with identifying frailty. Almost all respondents ( \u3e 90%) recognised frailty as having an important impact on outcomes and believed that there are beneficial interventions for frailty. Commonly reported barriers to frailty assessment in practice included ‘lack of defined protocol for managing frailty’ and ‘lack of consensus about which frailty assessment tool to use’. Most respondents (88%, 521/595) were interested in receiving further education on frailty, with a high preference for online training. Conclusions: The findings suggest frailty is important to health professionals in Australia, and there is a need for and interest in further frailty education

Salivary cortisol response to infant distress in pregnant women with depressive symptoms.

The Hypothalamic-Pituitary-Adrenal (HPA) axis has been proposed as a potential underlying biological mechanism linking prenatal depression with adverse offspring outcomes. However, it is unknown whether the reactivity of this system to stress is altered in pregnant women experiencing depression. The objective of this study was to investigate whether salivary cortisol response to a distressed infant film is enhanced in pregnant women with symptoms of depression compared with non-depressed controls. Salivary cortisol and subjective mood responses to the film were measured in 53 primiparous women, between 11 and 18 weeks gestation. Both groups showed similar increases in state anxiety in response to the film, but there was a significantly increased cortisol response in women experiencing symptoms of depression. Depression during pregnancy is associated with increased reactivity of the HPA axis. This is consistent with altered HPA axis functioning being a key mechanism by which prenatal mood disturbance can impact upon fetal development

Characterization of density fluctuations during the search for an I-mode regime on the DIII-D tokamak

The I-mode regime, routinely observed on the Alcator C-Mod tokamak, is characterized by an edge energy transport barrier without an accompanying particle barrier and with broadband instabilities, known as weakly coherent modes (WCM), believed to regulate particle transport at the edge. Recent experiments on the DIII-D tokamak exhibit I-mode characteristics in various physical quantities. These DIII-D plasmas evolve over long periods, lasting several energy confinement times, during which the edge electron temperature slowly evolves towards an H-mode-like profile, while maintaining a typical L-mode edge density profile. During these periods, referred to as I-mode phases, the radial electric field at the edge also gradually reaches values typically observed in H-mode. Density fluctuations measured with the phase contrast imaging diagnostic during I-mode phases exhibit three features typically observed in H-mode on DIII-D, although they develop progressively with time and without a sharp transition: the intensity of the fluctuations is reduced; the frequency spectrum is broadened and becomes non-monotonic; two dimensional space-time spectra appear to approach those in H-mode, showing phase velocities of density fluctuations at the edge increasing to about 10 km s−1. However, in DIII-D there is no clear evidence of the WCM. Preliminary linear gyro-kinetic simulations are performed in the pedestal region with the GS2 code and its recently upgraded model collision operator that conserves particles, energy and momentum. The increased bootstrap current and flow shear generated by the temperature pedestal are shown to decrease growth rates, thus possibly generating a feedback mechanism that progressively stabilizes fluctuations.United States. Department of Energy. Office of Fusion Energy Sciences (Award DE-FG02- 94ER54235)United States. Department of Energy. Office of Fusion Energy Sciences (Award DE-FG02-94ER54084)United States. Department of Energy. Office of Fusion Energy Sciences (Award DE-FG02-08ER54984)United States. Department of Energy. Office of Fusion Energy Sciences (Award DE-FC02-04ER54698