Construing the Legality of Solitary Confinement: Analysis of United States Federal Court Jurisprudence

This article analyzes the constitutional parameters of solitary confinement, administrative segregation, and/or punitive isolation within correctional facilities in the United States. After briefly discussing the harmful effects of isolation and the number of inmates subject to this type of confinement, it explains the U.S. Supreme Court’s “atypical and significant hardship” standard for assessing the legality of segregation. Evaluation of 68 cases decided by the 12 U.S. Circuit Courts of Appeals reveals how each Circuit decides when conditions of segregation amount to an “atypical and significant hardship” for the inmate, creating a liberty interest protected by the Fourteenth Amendment Due Process clause. Due to the Supreme Court’s ambiguity, the Federal Circuit Courts of Appeals lack agreement on (1) when liberty interests attach and (2) which confinement conditions outside of segregation should serve as a comparison baseline to assess “atypicality” and “hardship.” While inmates possess limited liberty interests when placed in segregation, the physical and psychological harms wrought by segregation, isolation, and solitary confinement are rarely considered when courts make constitutional determinations of such practices

Section 1983 Civil Liability Against Prison Officials and Dentists for Delaying Dental Care

Many prisoners enter correctional facilities in the United States with little history of good dental hygiene and even less history of access to dentists. Thus, the incarceration experience presents opportunities for inmates to receive quality dental care, often for the first time. Dental care delivered by correctional dentists is complicated, however, by the array of serious dental conditions and difficult to treat dental problems in clinical settings. These conditions exist within a legal environment that mandates adequate dental care be provided to prisoners by the state. This article examines prisoners’ Section 1983 lawsuits, claiming that delays in the delivery of dental care violate inmates’ federally guaranteed rights. The analysis focuses on what the U.S. Circuit Courts of Appeals have required of correctional officials and dentists in the form of dental care, concluding with nine best practices for correctional dental practitioners to follow to avoid Section 1983 liability

Analysis of Factors for Incorporating User Preferences in Air Traffic Management: A system Perspective

This paper presents an analysis of factors that impact user flight schedules during air traffic congestion. In pre-departure flight planning, users file one route per flight, which often leads to increased delays, inefficient airspace utilization, and exclusion of user flight preferences. In this paper, first the idea of filing alternate routes and providing priorities on each of those routes is introduced. Then, the impact of varying planning interval and system imposed departure delay increment is discussed. The metrics of total delay and equity are used for analyzing the impact of these factors on increased traffic and on different users. The results are shown for four cases, with and without the optional routes and priority assignments. Results demonstrate that adding priorities to optional routes further improves system performance compared to filing one route per flight and using first-come first-served scheme. It was also observed that a two-hour planning interval with a five-minute system imposed departure delay increment results in highest delay reduction. The trend holds for a scenario with increased traffic

Convenience Theory of Cryptocurrency Crime: A Content Analysis of U.S. Federal Court Decisions

This article examines cryptocurrency cases decided in the U.S. District and Circuit Courts to determine the applicability of Gottschalk’s convenience theory of white collar crime to cryptocurrency crime litigation and to empirically analyze whether the conditions under which cryptocurrency offenses occurred show support for the convenience theory. Analysis of U.S. federal district and circuit court case law involving cryptocurrency crimes and fraud indicate support for the convenience theory of white-collar crime. Defendants in various schemes were motivated by financial gain, either for the company or for personal use. Their roles and positions in the businesses allowed them access to resources that helped them perpetrate fraud through the following mechanisms: (1) operation of front companies; (2) relationship building by defendants; (3) over representing profits that investors would obtain from purchases of virtual currencies, representing that tokens were safe and reliable investments when they were risky, and overestimating abilities and capacities to provide services promised to investors in securities fraud; (4) breaching fiduciary duties to their clients and corporate stockholders by misappropriating profits for their own personal gain; and, (5) engaging in dark web transactions that guaranteed anonymity. Defendants also employed various neutralization techniques to justify their crimes

Alternativas na Colocação de Cateteres em Hemodiálise

Background: Although vascular access is essential for adequate haemodialysis delivery, the systematic use of a patient's venous patrimony may eventually lead to exhaustion of suitable sites for placement of a new vascular access. Case Report: We present two cases of such patients. In the first one we inserted a 55cm catheter through the left external iliac vein, and a 40cm translumbar catheter was placed in the second one. Both interventions were performed percutaneously under radiological guidance. Both patients were anticoagulated after the procedure. Conclusion: Unusual sites for haemodialysis catheter placement may be life saving in selected situations and offer safe and viable alternatives for adequate haemodialysis delivery

Validation of Blood Gas Analysis in Arteriovenous Fistula for Hemodialysis

Introduction: Arterial blood gas analysis is a minimally invasive technique used in our daily practice but is not a complication free technique. The aim of this study was to validate results from blood gas analysis obtained from the arteriovenous fistula (AVF)/graft as a surrogate marker of the arterial blood gas analysis. Methods: A prospective observational study was made in 45 patients. We performed arterial and AVF/graft blood gas analysis and results were compared by a paired sample t Student test. Results: Most of our subjects was male (68.9%) and the mean age was 67 years (±14). Hemodialysis vintage was 63 months (±66), and vascular access age was 62 months (±56). The more prevalent vascular access was left radiocephalic AVF (n = 16; 35.6%) and the main puncture artery was right radial artery (n = 27; 60.0%). There were no statistically significant differences between the samples collected. Conclusions: Our results suggest a possible alternative of arterial blood gas analysis in AVF/graft for hemodialysis patients. This could result in making an uncomfortable procedure almost painless and reducing complications. Future research should take place to include anatomical characteristics of the AVF or the circulation of recirculation.info:eu-repo/semantics/publishedVersio

Modeling Job Stress Among Police Officers: Interplay of Work Environment, Counseling Support, and Family Discussion with Co-Workers

Existing literature indicates that various factors affect police stress. This article uses data from the ‘Work and Family Services for Law Enforcement Personnel in the United States, 1995’ downloaded from the Inter-University Consortium for Political and Social Research (‘ICPSR’) website. Respondents include 594 sworn police officers from 21 agencies in New York City. Using structural equation modeling, results indicate that sex, race, education, and tenure do not have a direct influence on total job stress, but have a direct impact on family discussion with co-workers, counseling support, and negative working environment. Rank has a direct impact on total job stress, negative working environment, and family discussion with co-workers. In addition, both negative working environment and counseling support directly impact police total job stress

Incorporating User Preferences Within an Optimal Traffic Flow Management Framework

The effectiveness of future decision support tools for Traffic Flow Management in the National Airspace System will depend on two major factors: computational burden and collaboration. Previous research has focused separately on these two aspects without consideration of their interaction. In this paper, their explicit combination is examined. It is shown that when user preferences are incorporated with an optimal approach to scheduling, runtime is not adversely affected. A benefit-cost ratio is used to measure the influence of user preferences on an optimal solution. This metric shows user preferences can be accommodated without inordinately, negatively affecting the overall system delay. Specifically, incorporating user preferences will increase delays proportionally to increased user satisfaction

Anemia, Thrombocytopenia and Acute Kidney Injury. A Diagnostic Challenge

info:eu-repo/semantics/publishedVersio

Does Insider Trading Pay? An Analysis of Trading and Tipping Activities in Insider Trading Litigation

Purpose This paper analyzes trading and tipping activities in insider trading litigation decided by federal courts from January 1, 2012 to December 31, 2014. Design/methodology/approach Legal documents from the US Securities and Exchange Commission, LexisNexis and Westlaw databases were coded to determine profile, patterns of trading and settlement outcomes. Findings Results of statistical analysis indicate that a defendant in both civil and criminal cases is more likely to trade on the information when he/she receives a direct, financial benefit from breaching his/her duty of confidentiality. The defendant tipper is also more likely to pass on the information to a close personal friend, business associate or family member. The average amount of profit of defendants in both civil and criminal proceedings substantially exceeds the average amount of their settlements. Originality/value This paper offers support for the rational choice model – insider trading is often based on rational calculations of benefits not only to the defendant but also to his/her family and associates. Although the threat of civil enforcement and criminal proceedings may possibly deter him/her from committing the crime, results indicate that the amounts of settlement in both proceedings are considerably lower than the amount of profits obtained from the offense