505 research outputs found
Robustness of Reliability Predictions for a Series System of Identical Components
Robustness of reliability predictions for series systems with identical components, assuming exponential failure distributio
“Always Said to be of Indian Extraction”: Native/African American Freedom Suits in Virginia 1773-1853
Freedom suits of enslaved people in Virginia who claimed liberty based upon matrilineal descent from a Native American woman provide a multi-dimensional lens into social, cultural, and legal aspects of colonial and antebellum considerations of race, kinship, and self-determination. Within records of depositions are detailed transcriptions of questions posed to neighbors, family members, acquaintances of enslavers, and slaveowners themselves. Answers reveal a nuanced and complicated set of opinions concerning who had a right to freedom. Local memory banks overflowed with detailed descriptions of the plaintiff and his or her native ancestress, including skin color, hair texture, and manners. Within isolated regions, such as Accomack County on the Eastern Shore, goliaths emerged within the local planter community, led by men who chose to enslave Native Americans contrary to the laws of Virginia. The native ancestress left a legacy of nurturing of kin and seeking justice. The enslaved person who challenged slaveowners had to be intrepid, fearless, resourceful. Some cases detail the plight and persistence of plaintiffs who, though they won their suit for freedom, were kept in bondage and had to fight their way through the courts for a second time. For some successful plaintiffs, their free-born children and grandchildren were not guaranteed a free life, but found themselves battling enslavers who viewed their skin color as an opportunity for personal gain. These cases reveal the voice and message of people of color, of both Native and African American descent, whose quest for justice forged a path for others to follow
The Law of Medical Malpractice in West Virginia
A phase of the field of civil law which seldom comes within the experience of the average practitioner concerns itself with the negligence of physicians and surgeons in the practice of their profession, which is classified under the broad general term of malpractice. As the practice of medicine in its various branches tends to become a business rather than a personal relation, and the paternal position of the family physician faces into the limbo of forgotten things, it is likely that actions against doctors for their acts of negligence in the exercise of their art will become more, rather than less, frequent. When the medical profession laid aside outmoded and unsanitary the shawl of the family doctor, who served as friend and confidant as well as physician, and assumed the efficient white jacket of specialization and commercialism, it likewise lost the armor of infallibility that the shawl concealed. Although present day methods are undoubtedly the better, they must stand alone in the full glare of the light of scientific merit, unprotected by the shadows of friendship. As evidence of the former reluctance of patients to question the wisdom of their doctors, it is to be noted that relatively few cases have appeared in the records of the Supreme Court of Appeals of West Virginia concerning civil suits for malpractice by physicians, and a portion of these hereinafter considered do not involve this question directly. Even considering the numerical paucity of West Virginia decisions on the question, the cases thereunder run the entire gamut of topics involved, and are the subject of most thorough and excellent opinions. Practically every West Virginia case of this type is recognized as authority upon its subject in all jurisdictions, and a study of the general law of malpractice encounters many citations to the decisions of the Supreme Court of Appeals of West Virginia. It is well established by precedent that the ordinary relation of physician and patient is more nearly consensual than contractual. The relation and rights and duties incident thereto have their inception in the position in which the parties find themselves placed through force of circumstance, rather than by any specific, voluntary agreement. Due to the peculiar nature of the relation, the remedies for violation of the duties thereof are twofold. If the unusual case of a special contract exists, then of course the remedy may be directly on that contract. If, however, no such contract is made, there is still the implied contract of service, upon which an action may be maintained. In either instance a breach of the professional duty involves a charge of negligence and an action may be maintained for the resulting injury. Text writers have sometimes said that the patient may have his election of an action for the tort, or may waive the tort and proceed on the contract, either express or implied. Whatever view is taken the result is the same; the injured party has his choice of remedies. The law in West Virginia as to the dual nature of the remedy was first stated in Kuhn v. Brownfield., That and subsequent cases have made it clear that either case or assumpsit may be maintained for malpractice. The court bases liability upon breach of an implied obligation arising from the employment
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White lies and black lies: What they have in common and how they differ
In everyday life, people sometimes tell “black lies”, and sometimes “white lies”. For both types of lies (or deceptioni), the deceiver communicates misleading information to another person or group namely the deceived [1]. However, a large difference exists between black lies and white lies: With black lies, the deceiver tries to gain something at the cost of the deceived. In other words, the deceiver exploits the deceived out of self-interest. A classic example is the notorious used car dealer, who lies to customers about the state of the cars that are for sale. Regarding white lies, the picture looks different: The deceiver lies to please the deceived by using affiliative deception. For example, most of us have told a friend that their new hair-cut looks great to please and not irritate the friend, while secretly disliking the hair-cut. Such deception out of affiliative motives means to lie in order to deepen a relationship, or to please the deceived by saying what they would presumably like to hear.
Obviously, the deception in the two examples above stems from very different motives, and therefore is usually met with condemnation in case of black lies, versus affiliation in case of white lies. But are white lies thus desirable and without harm? In this article, we highlight that white lies can cause harm precisely because people use them to foster relationships and affiliation. More specifically, when people want to affiliate with others, they tend to agree with all questions and statements of others. Thereby, affiliation biases response behavior, even on neutral questions and even when nothing can be gained from the response. Such a response bias can distort responses to health surveys, public policy questionnaires, or eyewitness interrogations; in other words, white lies can cause harm by undermining the effectiveness of public policy or by incriminating innocent others. To support this argument, we first review the underlying motives of back lies versus white lies, and then illustrate how research on the prevention of black lies might also be used to prevent the negative consequences of white lies
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Temperatur und Zustimmung - ein bisher unbekannter Zusammenhang: Einblicke fĂĽr Praxis und Forschung
Physical temperature can determine physical and psychological experiences. On the psychological level, warmth orients people to others and motivates them to affiliate. Individuals who are motivated to affiliate often do so by answering affirmatively to questions. Consequently, we argue that physical warmth fosters affirmative response behavior. The results of three studies are in line with this argument. In a warm environment, individuals were more likely to respond with “yes” in a memory test (Study 1). The warmer individuals felt, the more they answered affirmatively to the items of a questionnaire (Study 2). If they imagined that a friend would read the answers, this effect was amplified (Study 3). Answering unbiased questions is a key tool in the toolkit of a forensic psychologist. Therefore, the finding that warmth and cold affect responses behavior stipulates multiple points of discussion for their practical work as well as research
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