Horseplay by Employees

The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen\u27s Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. Horseplay is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an instrumentality furnished by the employer, during actual working hours or in periods of enforced idleness, before or after the close of the working day

Horseplay by Employees

The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen\u27s Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. Horseplay is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an instrumentality furnished by the employer, during actual working hours or in periods of enforced idleness, before or after the close of the working day

Advanced damage modelling of free machining steels

The current available damage models do not accurately predict effective plastic strain to failure in low triaxiality stress states. A damage model was developed for low triaxiality that is appropriate to hot rolling of steel. This work focuses on nucleation and growth of damage as well as the effect of the strain and stress path. The latter is especially important for the rolling of bar and other complex cross-section products. A study of damage mechanisms and methods to model them has been undertaken. It is pointed out that the many models are only useful under certain conditions but can be used when the expected damage mechanisms are active. Several test types were evaluated to assess their ability to simulate stress state in rolling. A program has been written to evaluate the stress state for plane and axisymmetric tests, which allows one to choose the most appropriate test-piece geometry. A test has been designed and implemented. Thermal and mechanical data was gathered, which has been used to relate the stress triaxiality to damage growth and identify appropriate damage growth models. The size and spacing distributions of inclusions in free cutting steels have been measured. The different distributions have an effect on the ductility of the different steels. This effect has been found to change at different strain rates and temperatures. By better accounting for the effect of inclusions on damage growth under a range of test conditions, the damage model can be significantly improved. Free cutting steels that contained different additions of heavy metals were tested. The ductility and damage mechanisms were compared in each of the steels. The effect of the precipitation of the different heavy metals at the inclusion to matrix boundary was highlighted. The same damage mechanisms were observed in each steel but the ability to accommodate damage varied between the steels. Ex-situ synchrotron x-ray micro-tomography was used to better measure and quantify the distribution of inclusions and damage evolution in a free cutting steel. Localised damage coalescence away from the centre of the uniaxial tensile test-piece was attributed to the effect of inclusion clustering. This research was used to develop a realistic damage model, which can predict damage growth and coalescence for a range of forming parameters and different stress-state conditions related to hot rolling applications. The micro-mechanics based model includes the effects of inclusion distribution on damage. The model is calibrated using twenty six temperature based material constants

Critical Thinking in Teacher Education: A Process-Oriented Research Agenda

In recent years, critical thinking has become a central focus of education, especially in North America. Within this focus, there has been a major debate regarding the generalisability of specificity of critical thinking. The main issue in this connection appears to have been whether critical thinking needs to be closely linked with traditional disciplines. If critical thinking is really as vital as its proponents maintain, then it will also be important in applied fields such as teacher education. It is our intention in this paper to explore the implications, for teacher education, of taking critical thinking seriously

DNA Identification Databases: Legality, Legitimacy, and the Case for Population-Wide Coverage

Over the past decade, law enforcement authorities have amassed huge collections of DNA samples and the identifying profiles derived from them. Large DNA databanks routinely help to identify the guilty and to exonerate the innocent, but as the databanks grow, so do fears about civil liberties. Perhaps the most controversial policy issue in the creation of these databases is the question of coverage: Whose DNA profiles should be stored in them? The possibilities extend from convicted violent sex offenders to all convicted felons, to everyone arrested, to the entire population. This Article questions the rationales for drawing the line at all convicted offenders or at all arrestees. It suggests that such coverage results in sampling DNA disproportionately from racial minorities, which exacerbates racial tensions and undermines the preventative and investigative value of the databases. It argues that a population-wide database with strict privacy protections may supply the better answer to the coverage question, and to the privacy concerns raised by any government program to take and analyze individuals\u27 DNA.Part I discusses two theories that might dictate which offenders should be included in these databases. The first theory holds that by virtue of a conviction, offenders forfeit the Fourth Amendment right to be free from unreasonable searches and seizures. This forfeiture-of-rights theory would confine the databases to convicted offenders, but it cannot be squared with settled constitutional principles. The second theory holds that because convicted offenders are more likely to re-offend than are other groups, they pose a special risk that justifies the incursion on their Fourth Amendment rights. Although this recidivism theory may seem more protective of individual liberties, it fails to constrict coverage to convicted offenders or even to arrestees.Part II considers extensions of coverage to various groups of people who have not been convicted of crimes. It suggests that the Constitution may permit DNA to be collected from persons who have only been arrested, and even from certain groups of persons who have neither been convicted nor arrested.Part III questions the desirability of limiting database coverage to convicted offenders, or to convicted offenders plus arrestees (or suspects ). It notes that by restricting coverage to these groups, we are fast producing a racially distorted system in which, however lawfully the DNA samples are taken, they are taken disproportionately from members of racial minorities. We conclude that a population-wide database would be more effective and more fair than any system in which conviction or arrest is the threshold for database inclusion. We also indicate how such a system can be structured to protect personal privacy