Practical hints to help avoid professional liability

A professional liability claim need not portend an inevitable disaster resulting in an unfavorable verdict, the loss of a professional reputation and payment of a huge monetary judgment. Proper recordkeeping, upholding the standards of the prudent practitioner and general common sense can make a long stride toward a successful defense. Incorporation of these elements in your everyday practice, long before a claim is ever made, can help provide the most defensible position should a claim, in fact, be made. This paper attempts to give the reader some general ideas and practice hints to help avoid malpractice situations in the first place or at least make them more defensible if litigation ensues. However, it does not purport to discuss every aspect of optometric practice that can result in a claim, to have reviewed every case on the subject or present a final definitive statement or law in any given jurisdiction. On the other hand, the paper does hope to help the reader understand the general legal theories that are applicable, the major areas for potential claims, along with a presentation of illustrative cases, and provide the reader with some suggestions to help avoid or minimize any potential litigation

Impact of different handling styles (good vs. adverse) on growth performance, behavior, and cortisol concentrations in beef cattle

Our objective was to determine effects of aggressive handling on growth performance, behavior, and cortisol concentrations in beef calves. Crossbred calves (313 ± 4.7 kg; n = 54; 24 steers, 30 heifers) from a single herd were stratified by gender, body weight, and initial chute score, then allocated randomly to one of six pens. Each pen was randomly assigned to one of two handling treatments (good or adverse) applied on days 7, 35, 63, and 91. The objective of good treatment was to handle the calves quietly and gently to minimize stress. The objective of adverse treatment was to move the calves quickly and expose them to stimuli. Body weight, exit velocity, and chute scores (based on 5 point subjective scale) were recorded and salivary samples for cortisol were collected (4 calves/ pen) on days 0, 7, 35, 63, and 91. Pen scores (5 point subjective scale) were recorded on days 12, 42, and 87. Data were analyzed statistically using a mixed model. Chute scores tended to be higher (more agitated) in the adverse treatment on day 7, but scores did not differ on subsequent days (treatment × day; P = 0.06). Salivary cortisol concentrations on day 63 were greater in cattle on the adverse treatment (treatment × day, P = 0.001). Body weight, exit velocity, and pen scores were not affected by treatment (P ≥ 0.24). While differences were observed, these cattle appeared to acclimate to short-term adverse handling which did not seem to dramatically affect performance or behavior of beef cattle

Product elimination in german industrial companies: A comparison study with us and uk industrial companies

This paper focuses on the product elimination in German industrial companies, especially in the mechanical engineering sector. The Product Life Cycle (PLC) theory is based on the typical curve, which shows the different stages a product experiences over the time. The last stage, the so-called decline or elimination phase, is characterized with decreasing sales figures, low market share and shrinking profits. Therefore, it sounds logical that such products should be eliminated. This study is analyzing if these indicators really are the only reasons to start the elimination process of a product, or if there are other reasons triggering this decision too. This paper is based on results of personal structured interviews (n = 102) with representatives of German mechanical engineering companies. The data was processed with use of statistical software SPSS, mean values and standard deviations were calculated, and Spearman's rank order correlation value analysis was applied. The results of this study were then compared with other earlier studies: Avlonitis (1984), Hart (1988), and Mitchell et al. (1998). The main findings suggest that the data from the new German study are highly correlating with the data from the United States (Mitchell et al., 1998) and the United Kingdom (Avlonitis, 1984; Hart, 1988). The results show that the reasons to phase out a product have not changed over the time; neither are the reasons different in different economics.O

PHI : a logic-based tool for intelligent help systems

We introduce a system which improves the performance of intelligent help systems by supplying them with plan generation and plan recognition components. Both components work in close mutual cooperation. We demonstrate two modes of cross-talk between them, one where plan recognition is done on the basis of abstract plans provided by the planner and the other where optimal plans are generated based on recognition results. The examples which are presented are taken from an operating system domain, namely from the UNIX mail domain. Our system is completely logic-based. Relying on a common logical framework--the interval-based modal temporal logic LLP which we have developed--both components are implemented as special purpose inference procedures. Plan generation from first and second principles is provided and carried out deductively, whereas plan recognition follows a new abductive approach for modal logics. The plan recognizer is additionally supplied with a probabilistic reasoner as a means to adjust the help provided for user-specific characteristics

Integrated plan generation and recognition : a logic-based approach

The work we present in this paper is settled within the field of intelligent help systems. Intelligent help systems aim at supporting users of application systems by the achievements of qualified experts. In order to provide such qualified support our approach is based on the integration of plan generation and plan recognition components. Plan recognition in this context serves to identify the users goals and so forms the basis for an active user support. The planning component dynamically generates plans which are proposed for the user to reach her goal. We introduce a logic-based approach where plan generation and plan recognition is done on a common logical basis and both components work in some kind of cross-talk

Nastiness in Groups

This paper provides evidence showing that people are more prone to engage in nasty behavior, malevolently causing financial harm to other people at own costs, when they make decisions in a group context rather than when making choices individually on their own. We establish this behavioral regularity in a series of large-scale experiments among university students, adolescents, and nationally representative samples of adults—more than ten thousand subjects in total. We test several potential mechanisms, and the results suggest that individual nasty inclinations are systematically more likely to affect behavior when decisions are made under the “cover” of a group, that is, in a group decision-context that creates a perception of diffused responsibility

Hard X-ray Emission Associated with White Dwarfs. IV. Signs of Accretion from Sub-stellar Companions

KPD 0005+5106, with an effective temperature of $\simeq$200,000 K, is one of the hottest white dwarfs (WDs). ROSAT unexpectedly detected "hard" ($\sim$1 keV) X-rays from this apparently single WD. We have obtained Chandra observations that confirm the spatial coincidence of this hard X-ray source with KPD 0005+5106. We have also obtained XMM-Newton observations of KPD 0005+5106, as well as PG 1159$-$035 and WD 0121$-$756, which are also apparently single and whose hard X-rays were detected by ROSAT at 3$\sigma$-4$\sigma$ levels. The XMM-Newton spectra of the three WDs show remarkably similar shapes that can be fitted by models including a blackbody component for the stellar photospheric emission, a thermal plasma emission component, and a power-law component. Their X-ray luminosities in the $0.6-3.0$ keV band range from $4\times10^{29}$ to $4\times10^{30}$ erg~s$^{-1}$. The XMM-Newton EPIC-pn soft-band ($0.3-0.5$ keV) lightcurve of KPD 0005+5106 is essentially constant, but the hard-band ($0.6-3.0$ keV) lightcurve shows periodic variations. An analysis of the generalized Lomb-Scargle periodograms for the XMM-Newton and Chandra hard-band lightcurves finds a convincing modulation (false alarm probability of 0.41%) with a period of 4.7$\pm$0.3 hr. Assuming that this period corresponds to a binary orbital period, the Roche radii of three viable types of companion have been calculated: M9V star, T brown dwarf, and Jupiter-like planet. Only the planet has a size larger than its Roche radius, although the M9V star and T brown dwarf may be heated by the WD and inflate past the Roche radius. Thus, all three types of companion may be donors to fuel accretion-powered hard X-ray emission.Comment: Accepted for publication for The Astrophysical Journa

„Kriseninternes Lernen“ und „krisenübergreifendes Lernen“ in der deutschen Kommunalverwaltung

Published online: 15 June 2022Krisen testen die Leistungsfähigkeit von Verwaltungen unter Realbedingungen. Vor diesem Hintergrund analysiert der vorliegende Beitrag Reaktion der deutschen Kommunalverwaltung auf die Fluchtmigration zwischen 2015 und 2017 und auf die erste Welle der COVID-19-Pandemie in 2020. Mit Blick auf die Debatte zum organisationalen Lernen in Ausnahmesituationen liegt der Schwerpunkt der Analyse auf der Rolle administrativer Netzwerke sowie der Lernfähigkeit von öffentlichen Behörden während sowie zwischen Krisensituationen. Die Auswertung zweier Umfragen unter Mitarbeitern der deutschen Kommunalverwaltung zeigt erstens, dass die Qualität der verwaltungsinternen und der zivilgesellschaftlichen Vernetzung von zentraler Bedeutung für administrative Krisenperformanz sind. Zweitens korrespondiert Leistungsfähigkeit in Krisen mit der Bereitschaft sowie mit der Fähigkeit, Lehren aus früheren Krisen zu ziehen.Crises constitute a test of the efficiency of the administrations under real conditions. This is where this article departs, comparatively analyzing the recent “migration crisis” and first wave of the COVID pandemic. Against the backdrop of the debate on organizational learning of public administration in exceptional situations, the analysis focuses on the role of administrative networks and the ability to learn during and between crises. The evaluation of two surveys among employees of German local government shows firstly that the quality of networking within the administration and civil society is of central importance for administrative crisis performance. Second, successful crisis performance corresponds to the willingness and organizational ability to draw lessons from previous crises.This article was published Open Access with the support from the EUI Library through the CRUI - Springer Transformative Agreement (2020-2024

Carbon leakage in a fragmented climate regime: The dynamic response of global energy markets

As a global climate agreement has not yet been achieved, a variety of national climate policy agendas are being pursued in different parts of the world. Regionally fragmented climate policy regimes are prone to carbon leakage between regions, which has given rise to concerns about the environmental effectiveness of this approach. This study investigates carbon leakage through energy markets and the resulting macro-economic effects by exploring the sensitivity of leakage to the size and composition of pioneering regions that adopt ambitious climate action early on. The study uses the multi-regional energy–economy–climate model REMIND 1.5 to analyze the implications of Europe, China and the United States taking unilateral or joint early action. We find that carbon leakage is the combined effect of fossil fuel and capital market re-allocation. Leakage is limited to 15% of the emission reductions in the pioneering regions, and depends on the size and composition of the pioneering coalition and the decarbonization strategy in the energy sector. There is an incentive to delay action to avoid near-term costs, but the immediate GDP losses after acceding to a global climate regime can be higher in the case of delayed action compared to early action. We conclude that carbon leakage is not a strong counter-argument against early action by pioneers to induce other regions to adopt more stringent mitigation