Notice and the Claim Presentation Requirements Under the California Government Claims Act: Recalibrating the Scales of Justice

To recalibrate the scales of justice, this Comment advocates for a statutory amendment that encompasses two changes. First, the amendment would require plaintiffs to present their government claims against the state directly to the public entity that allegedly caused the harm, instead of the VCGCB, thereby accomplishing the statute’s objective of providing notice to the state entity. Second, instead of the VCGCB assessing claims against the state, each state agency would have its own government claims office (GCO) handle government claims for the respective individualized entity. This would promote efficiency in the government claims process by cutting out the “middleman,” the VCGCB. Moreover, this amendment would ensure that plaintiffs avoid a fatal loss of substantive rights due to a minor procedural technicality, one that does not achieve the statute’s legislative purpose of providing state entities with notice of potential lawsuits. Part II of this Comment provides a brief history of the Act, an overview of the current process for filing government claims against the state of California, including the VCGCB’s role in that process, and the consequences for failing to comply with the claim presentation statutes, specifically focusing on Government Code section 915, subdivision (b). Part III discusses the legislative intent underlying section 915’s claim presentation requirements and examines how the requirements are inconsistent with the statute’s purpose. Part IV discusses California courts’ varying interpretations and applications of the strict claim presentation requirement under section 915, subdivision (b), specifically focusing on two California decisions: Jamison v. State of California (Jamison) and DiCampli-Mintz v. County of Santa Clara (DiCampli-Mintz). Part IV also discusses the doctrine of substantial compliance and analyzes how these two California decisions vary in their applications of the doctrine. Part V explains the need to reconcile the Jamison and DiCampli-Mintz decisions. Part VI discusses potential ways to reconcile these cases, and provides the statutory language and benefits of the superior solution. Finally, Part VII concludes by summarizing the consequences of California’s current Government Code section 915, while highlighting the beneficial impact the proposed statutory amendment would have on the legal system

Are communicative strategies teachable?

Este artículo discute la posibilidad de enseñar las estrategias de comunicación en el aula de inglés como lengua extranjera. Tras una reflexión sobre las características de la producción del habla en la lengua materna, trata algunas de las dificultades de hablar en un idioma extranjero y las dificultades que conlleva la enseñanza de hablar como destreza. Examina diferentes tipos de estrategias de comunicación y los posibles enfoques que se puede implementar en el aula para conseguir una mayor concienciación de los alumnos sobre la existencia de éstas y desarrollar así su competencia a través de la implementación y práctica del lenguaje. Hay frecuentes referencias a actividades prácticas para el aula que permitirán a los alumnos desarrollar sus competencias de comunicación y tener más confianza en el momento de expresarse oralmente en inglés.This article discusses the teachability of communication strategies in the EFL classroom. As well as reflecting on the nature of speech production in the mother tongue, it looks at some of the difficulties encountered when speaking in a foreign language and the inherent difficulties in ‘teaching’ speaking as a skill. It focuses on different types of communication strategies and possible approaches that can be used in the classroom to raise students’ awareness of these strategies and develop their strategic competence through the implementation and practice of the language. Reference is made throughout to practical classroom activities which will enable students to develop their strategic competence and become more confident at communicating in English

Are communicative strategies teachable?

Este artículo discute la posibilidad de enseñar las estrategias de comunicación en el aula de inglés como lengua extranjera. Tras una reflexión sobre las características de la producción del habla en la lengua materna, trata algunas de las dificultades de hablar en un idioma extranjero y las dificultades que conlleva la enseñanza de hablar como destreza. Examina diferentes tipos de estrategias de comunicación y los posibles enfoques que se puede implementar en el aula para conseguir una mayor concienciación de los alumnos sobre la existencia de éstas y desarrollar así su competencia a través de la implementación y práctica del lenguaje. Hay frecuentes referencias a actividades prácticas para el aula que permitirán a los alumnos desarrollar sus competencias de comunicación y tener más confianza en el momento de expresarse oralmente en inglés.This article discusses the teachability of communication strategies in the EFL classroom. As well as reflecting on the nature of speech production in the mother tongue, it looks at some of the difficulties encountered when speaking in a foreign language and the inherent difficulties in ‘teaching’ speaking as a skill. It focuses on different types of communication strategies and possible approaches that can be used in the classroom to raise students’ awareness of these strategies and develop their strategic competence through the implementation and practice of the language. Reference is made throughout to practical classroom activities which will enable students to develop their strategic competence and become more confident at communicating in English

Miscarriage, stillbirth and congenital malformation in the offspring of UK veterans of the first Gulf war.

OBJECTIVES: To assess whether the offspring of UK veterans of the first Gulf war are at increased risk of fetal death or congenital malformation. METHOD: This was a retrospective reproductive cohort study of UK Gulf war veterans and a demographically similar comparison group who were in service at the time but were not deployed to the Gulf. Reproductive history was collected by means of a validated postal questionnaire between 1998 and 2001. RESULTS: In all, 27 959 pregnancies reported by men and 861 pregnancies reported by women were conceived after the first Gulf war and before November 1997. The risk of reported miscarriage was higher among pregnancies fathered by Gulf war veterans than by non-Gulf war veterans (OR = 1.4, 95% CI: 1.3, 1.5). Stillbirth risk was similar in both groups. Male Gulf war veterans reported a higher proportion of offspring with any type of malformation than the comparison cohort (OR = 1.5, 95% CI: 1.3, 1.7). Examination by type of malformation revealed some evidence for increased risk of malformations of the genital system, urinary system (renal and urinary tract), and 'other' defects of the digestive system, musculo-skeletal system, and non-chromosomal (non-syndrome) anomalies. These associations were weakened when analyses were restricted to clinically confirmed conditions. There was little or no evidence of increased risk for other structural malformations, specific syndromes, and chromosomal anomalies. Among female veterans, no effect of Gulf war service was found on the risk of miscarriage. The numbers of stillbirths and malformations reported by women were too small to allow meaningful analyses. CONCLUSION: We found no evidence for a link between paternal deployment to the Gulf war and increased risk of stillbirth, chromosomal malformations, or congenital syndromes. Associations were found between fathers' service in the Gulf war and increased risk of miscarriage and less well-defined malformations, but these findings need to be interpreted with caution as such outcomes are susceptible to recall bias. The finding of a possible relationship with renal anomalies requires further investigation. There was no evidence of an association between risk of miscarriage and mothers' service in the gulf

Clustering of attitudes towards obesity: a mixed methods study of Australian parents and children

BACKGROUND: Current population-based anti-obesity campaigns often target individuals based on either weight or socio-demographic characteristics, and give a \u27mass\u27 message about personal responsibility. There is a recognition that attempts to influence attitudes and opinions may be more effective if they resonate with the beliefs that different groups have about the causes of, and solutions for, obesity. Limited research has explored how attitudinal factors may inform the development of both upstream and downstream social marketing initiatives. METHODS: Computer-assisted face-to-face interviews were conducted with 159 parents and 184 of their children (aged 9-18 years old) in two Australian states. A mixed methods approach was used to assess attitudes towards obesity, and elucidate why different groups held various attitudes towards obesity. Participants were quantitatively assessed on eight dimensions relating to the severity and extent, causes and responsibility, possible remedies, and messaging strategies. Cluster analysis was used to determine attitudinal clusters. Participants were also able to qualify each answer. Qualitative responses were analysed both within and across attitudinal clusters using a constant comparative method. RESULTS: Three clusters were identified. Concerned Internalisers (27% of the sample) judged that obesity was a serious health problem, that Australia had among the highest levels of obesity in the world and that prevalence was rapidly increasing. They situated the causes and remedies for the obesity crisis in individual choices. Concerned Externalisers (38% of the sample) held similar views about the severity and extent of the obesity crisis. However, they saw responsibility and remedies as a societal rather than an individual issue. The final cluster, the Moderates, which contained significantly more children and males, believed that obesity was not such an important public health issue, and judged the extent of obesity to be less extreme than the other clusters. CONCLUSION: Attitudinal clusters provide new information and insights which may be useful in tailoring anti-obesity social marketing initiatives

Policy Analysis: Black Voter Turnout after Shelby v. Holder

In the United States, state governments have targeted Black and other disadvantaged voters through a combination of policies meant to increase challenges related to casting a ballot. These challenges have resulted in low voter turnout that impacts the ability of our democracy to function successfully. The Voting Rights Act (VRA) passed in 1965 was intended to remedy this discrimination and ensure equal voting access. Though it has been successful at increasing the voting rates of people of color, the Supreme Court’s Shelby v. Holder (2013) decision struck down Section 5 of the VRA. Section 5 provided a formula that the Justice Department used to require certain states with histories of passing discriminatory voting legislation to receive preclearance from the federal government before pursuing new voting reforms. For this paper, we specifically look at Black voter turnout between 2008-2018 in Alabama, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia to analyze how voting restrictions have affected voting trends. Undertaking an analysis of voting restrictions enacted in the aftermath of Shelby v. Holder (2013), and the extent of their impact on Black voter turnout in the United States, requires the establishment of evaluation criteria necessary for the comparison of policy alternatives. With our primary aim to rectify this problem and prompt an increase in voter turnout within the Black community, we have set effectiveness, equity, and political viability as the three evaluation criteria that guide our suggestions for policy alternatives. In alignment with these criteria, we propose three recommendations for feasible policy alternatives: Status Quo, Modifying the Voting Rights Act, and Federalizing the U.S. Election Administration System. Based on this analysis of our recommended policy alternatives and our corresponding evaluation criteria, we conclude that our second policy alternative, ‘Modifying the Voting Rights Act’, best fulfills our outlined standards.https://orb.binghamton.edu/research_days_posters_2021/1056/thumbnail.jp

Sleep disturbance in post-traumatic stress disorder (PTSD): a systematic review and meta-analysis of actigraphy studies

Background Sleep disturbance has been described as a ‘hallmark’ symptom of posttraumatic stress disorder (PTSD). Although there are robust findings of self-reported sleep disturbance in PTSD, evidence of sleep disturbance measured using actigraphy is less certain. Objective To conduct a systematic review and meta-analysis to determine whether there are any significant differences between individuals with and without PTSD in actigraph-derived sleep measures. Method Case-control studies comparing participants with current PTSD to those without PTSD were eligible for inclusion. Sleep parameters of interest were: (1) total sleep time; (2) sleep onset latency; (3) wake after sleep onset (WASO); and (4) sleep efficiency. Data were meta-analysed as standardised mean differences (SMDs) and potential sources of heterogeneity were explored through meta-regression. Six actigraphy studies with 405 participants were included. Results There was no evidence of a statistically significant difference between those with and without PTSD in total sleep time (SMD 0.09, 95%CI −0.23 to 0.42); WASO (SMD 0.18, 95%CI −0.06 to 0.43); sleep latency (SMD 0.32, 95%CI −0.04 to 0.69); or sleep efficiency (SMD −0.28, 95%CI −0.78 to 0.21). Conclusions Further high-quality research is required to determine whether there is a true difference in sleep between those with and without PTSD