An Exception to the Derivative Rule: Allowing Mutual Fund Investors to Bring Suits Directly

Mutual funds differ greatly from traditional corporations in the way they are formed and operated. Despite these differences, courts apply the same rules for derivative shareholder litigation to both types of entities. While these rules make sense and were mostly created with corporations in mind, courts have generally been unwilling to consider mutual funds’ unique characteristics in determining whether to allow direct litigation from shareholders. This note explores those unique characteristics and the usual policy reasons for requiring derivative litigation. It concludes that in most cases these unique characteristics make a derivative suit nearly impossible to sustain. Further, the normal reasons for requiring a derivative suit are not as prevalent in mutual funds. As a result, it proposes a new way of evaluating direct shareholder suits in the context of mutual funds

Assessing Preemptive Argumentation in Students’ Persuasive Speech Outlines

The purpose of the present study was to determine if critical thinking skills, a key component of basic communication course pedagogy, can be assessed through students’ use of preemptive argumentation. Persuasive speech outlines were coded to determine if preemptive argumentation was present in students’ speeches and to determine the quality of preemptive argumentation. The results indicated that the majority of outlines contained preemptive argumentation. However, of those speeches containing preemptive argumentation, the majority of outlines employed low-quality preemptive argumentation. Finally, the findings revealed that the quality of preemptive argumentation employed in the persuasive speech outlines did not predict the students’ persuasive speech grades. Implications for instructor training programs and pedagogy in the basic course are discussed

Reporting quality of music intervention research in healthcare: A systematic review

INTRODUCTION: Concomitant with the growth of music intervention research, are concerns about inadequate intervention reporting and inconsistent terminology, which limits validity, replicability, and clinical application of findings. OBJECTIVE: Examine reporting quality of music intervention research, in chronic and acute medical settings, using the Checklist for Reporting Music-based Interventions. In addition, describe patient populations and primary outcomes, intervention content and corresponding interventionist qualifications, and terminology. METHODS: Searching MEDLINE, PubMed, CINAHL, HealthSTAR, and PsycINFO we identified articles meeting inclusion/exclusion criteria for a five-year period (2010-2015) and extracted relevant data. Coded material included reporting quality across seven areas (theory, content, delivery schedule, interventionist qualifications, treatment fidelity, setting, unit of delivery), author/journal information, patient population/outcomes, and terminology. RESULTS: Of 860 articles, 187 met review criteria (128 experimental; 59 quasi-experimental), with 121 publishing journals, and authors from 31 countries. Overall reporting quality was poor with <50% providing information for four of the seven checklist components (theory, interventionist qualifications, treatment fidelity, setting). Intervention content reporting was also poor with <50% providing information about the music used, decibel levels/volume controls, or materials. Credentialed music therapists and registered nurses delivered most interventions, with clear differences in content and delivery. Terminology was varied and inconsistent. CONCLUSIONS: Problems with reporting quality impedes meaningful interpretation and cross-study comparisons. Inconsistent and misapplied terminology also create barriers to interprofessional communication and translation of findings to patient care. Improved reporting quality and creation of shared language will advance scientific rigor and clinical relevance of music intervention research

They did what? A Systematic Review of Music Intervention Reporting in Healthcare Research

poster abstractAbstract Background/Purpose: Both public interest in and publication of music intervention studies are increasing, with more than 1,000 articles published in healthcare journals over the last twenty years. Concomitant with this growth are concerns about inadequate intervention descriptions and inconsistent terminology in published research which limits cross-study comparisons, interdisciplinary communication, and integration of findings into practice. Purposes of this systematic review were to summarize and describe music intervention reporting in published research for patients with chronic or acute medical conditions including intervention content, outcomes of interest, interventionist qualifications, and terminology used to label and describe interventions. Theoretical/Conceptual Framework: Our review is based on published Reporting Guidelines for Musicbased Interventions which specifies 7 areas of reporting: theory, content, delivery schedule, interventionist, treatment fidelity, setting, and unit of delivery. Method: We identified experimental music intervention studies for patients with chronic/acute medical conditions, published 2010 - 2014, using MEDLINE, PubMed, CINAHL, and PsycINFO databases. Our initial search identified 620 articles, with 133 retained based on specific inclusion/exclusion criteria. Five nurse/music therapy student dyads reviewed full articles and abstracted data for analysis. Faculty mentors conducted interrater reliability checks and resolved data extraction discrepancies through discussion/consensus. This interdisciplinary approach provided a rich context for exploring how intervention descriptions/terminology may be interpreted and understood differently based on background and discipline-specific training. Results: Data are summarized based on Reporting Guidelines for Music-based interventions. Areas poorly reported: 1) intervention theory (i.e., mechanisms of action), 2) references for sound recordings/musical arrangements, 3) decibel level/sound controls, 4) interventionist qualifications and training. Two hundred music terms were cited (84 terms defined; 116 terms not defined), and often misapplied. Conclusions: Improved reporting will allow better cross-study comparisons, replication, and translation to practice. Additionally, standardization of music intervention terminology will improve interdisciplinary communication, delineation of music interventions across disciplines, and implementation

Carbon-sensitive pedotransfer functions for plant available water

Currently accepted pedotransfer functions show negligible effect of management-induced changes to soil organic carbon (SOC) on plant available water holding capacity (θAWHC), while some studies show the ability to substantially increase θAWHC through management. The Soil Health Institute\u27s North America Project to Evaluate Soil Health Measurements measured water content at field capacity using intact soil cores across 124 long-term research sites that contained increases in SOC as a result of management treatments such as reduced tillage and cover cropping. Pedotransfer functions were created for volumetric water content at field capacity (θFC) and permanent wilting point (θPWP). New pedotransfer functions had predictions of θAWHC that were similarly accurate compared with Saxton and Rawls when tested on samples from the National Soil Characterization database. Further, the new pedotransfer functions showed substantial effects of soil calcareousness and SOC on θAWHC. For an increase in SOC of 10 g kg–1 (1%) in noncalcareous soils, an average increase in θAWHC of 3.0 mm 100 mm–1 soil (0.03 m3 m–3) on average across all soil texture classes was found. This SOC related increase in θAWHC is about double previous estimates. Calcareous soils had an increase in θAWHC of 1.2 mm 100 mm–1 soil associated with a 10 g kg–1 increase in SOC, across all soil texture classes. New equations can aid in quantifying benefits of soil management practices that increase SOC and can be used to model the effect of changes in management on drought resilience

Linking soil microbial community structure to potential carbon mineralization: A continental scale assessment of reduced tillage

Potential carbon mineralization (Cmin) is a commonly used indicator of soil health, with greater Cmin values interpreted as healthier soil. While Cmin values are typically greater in agricultural soils managed with minimal physical disturbance, the mechanisms driving the increases remain poorly understood. This study assessed bacterial and archaeal community structure and potential microbial drivers of Cmin in soils maintained under various degrees of physical disturbance. Potential carbon mineralization, 16S rRNA sequences, and soil characterization data were collected as part of the North American Project to Evaluate Soil Health Measurements (NAPESHM). Results showed that type of cropping system, intensity of physical disturbance, and soil pH influenced microbial sensitivity to physical disturbance. Furthermore, 28% of amplicon sequence variants (ASVs), which were important in modeling Cmin, were enriched under soils managed with minimal physical disturbance. Sequences identified as enriched under minimal disturbance and important for modeling Cmin, were linked to organisms which could produce extracellular polymeric substances and contained metabolic strategies suited for tolerating environmental stressors. Understanding how physical disturbance shapes microbial communities across climates and inherent soil properties and drives changes in Cmin provides the context necessary to evaluate management impacts on standardized measures of soil microbial activity

Many Labs 2: Investigating Variation in Replicability Across Samples and Settings

We conducted preregistered replications of 28 classic and contemporary published findings, with protocols that were peer reviewed in advance, to examine variation in effect magnitudes across samples and settings. Each protocol was administered to approximately half of 125 samples that comprised 15,305 participants from 36 countries and territories. Using the conventional criterion of statistical significance (p < .05), we found that 15 (54%) of the replications provided evidence of a statistically significant effect in the same direction as the original finding. With a strict significance criterion (p < .0001), 14 (50%) of the replications still provided such evidence, a reflection of the extremely highpowered design. Seven (25%) of the replications yielded effect sizes larger than the original ones, and 21 (75%) yielded effect sizes smaller than the original ones. The median comparable Cohen’s ds were 0.60 for the original findings and 0.15 for the replications. The effect sizes were small (< 0.20) in 16 of the replications (57%), and 9 effects (32%) were in the direction opposite the direction of the original effect. Across settings, the Q statistic indicated significant heterogeneity in 11 (39%) of the replication effects, and most of those were among the findings with the largest overall effect sizes; only 1 effect that was near zero in the aggregate showed significant heterogeneity according to this measure. Only 1 effect had a tau value greater than .20, an indication of moderate heterogeneity. Eight others had tau values near or slightly above .10, an indication of slight heterogeneity. Moderation tests indicated that very little heterogeneity was attributable to the order in which the tasks were performed or whether the tasks were administered in lab versus online. Exploratory comparisons revealed little heterogeneity between Western, educated, industrialized, rich, and democratic (WEIRD) cultures and less WEIRD cultures (i.e., cultures with relatively high and low WEIRDness scores, respectively). Cumulatively, variability in the observed effect sizes was attributable more to the effect being studied than to the sample or setting in which it was studied.UCR::Vicerrectoría de Investigación::Unidades de Investigación::Ciencias Sociales::Instituto de Investigaciones Psicológicas (IIP