Supervisory Liability under 42 U.S.C. Section 1983: Searching for the Deep Pocket

Suits under 42 U.S.C. section 1983 are complex. Section 1983\u27s theory of constitutional wrongdoing without vicarious liability will seem strange to some practitioners. There are circumstances, however, in which a plaintiff may sue the supervisor of the person who immediately inflicted the injury. This Comment examines the intricacies of supervisory liability as determined by recent United States Supreme Court and circuit court decisions and provides pointers to practitioners. In addition, this Comment suggests an amendment to section 1983

Introduction

Experts bedeviled the legal system long before seventeenth-century Salem, when the town\u27s good citizens relied on youthful accusers and witchcraft experts to identify the devil\u27s servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking help from “scientists.” In that year, physicians and surgeons in London were called on to advise the court on the medical value of the flesh of wolves. In 1619, two physicians offered the opinion that a wife could bear a legitimate child “forty weeks and nine days” after the death of her husband. Throughout this period, medical authority was called on by the coroners\u27 courts to determine whether a death was due to suicide or to other causes, a crucial determination because suicide was a felony that entitled the Crown to take possession of a deceased\u27s estate. Medical testimony is still the most common form of scientific expertise presented in court, but expert advice on legal matters has expanded exponentially, reflecting the enormous range of scientific knowledge that modern scholarship has produced

Occupant interaction with window blinds in a green-certified office building in Putrajaya, Malaysia

One of the key features of green office buildings is the proper utilization of daylight in order to ensure a good visual indoor environment which can potentially increase the occupant's productivity. However, poor daylight condition inside office buildings can occur due to improper positioning of window blinds by the occupants. Previous studies have shown that fully lowered window blinds and the use of the artificial lightings during daytime have caused many office buildings in Malaysia to have high rates of electricity consumption. Yet, the operation of window blinds is rarely considered during the calculation of building's daylight performance in the tropics. Therefore, this paper aims to investigate the frequency of window blind operations by office occupants and the driving factors behind their window blind operations. A GBI Gold-certified office building was selected for the study. The specific objectives of this paper are, 1) to find out the correlation between window blind operations with different orientations of the building, sky conditions, time and floor levels; and 2) to gauge the occupants' views on their window blind operations and also their satisfaction level with their visual working environment. This study used time-lapse photography to record the blinds positions and a questionnaire survey among the occupants. Results of the ANOVA and Pearson Correlation tests from the photographic analysis found a strong correlation between window blind occlusion values with the building orientations and floor levels, but not with time. The survey results revealed that most of the participants seldom adjusted their window blinds and, in most cases, excessive brightness or glare was the main issue. These results indicate that the occupants make a little effort in changing their blind positions, which may lead to a poor daylight condition. It is expected that the results of this study will serve as the initial steps in considering occupants' behaviour in window blinds usage during the calculation process of a building's daylight performance in order to ensure a better indoor visual environment

Staying in place during times of change in Arctic Alaska: The implications of attachment,alternatives, and buffering

The relationship between stability and change in social-ecological systems has received considerable attention in recent years, including the expectation that significant environmental changes will drive observable consequences for individuals, communities, and populations. Migration, as one example of response to adverse economic or environmental changes, has been observed in many places, including parts of the Far North. In Arctic Alaska, a relative lack of demographic or migratory response to rapid environmental and other changes has been observed. To understand why Arctic Alaska appears different, we draw on the literature on environmentally driven migration, focusing on three mechanisms that could account for the lack of response: attachment, the desire to remain in place, or the inability to relocate successfully; alternatives, ways to achieve similar outcomes through different means; and buffering, the reliance on subsidies or use of reserves to delay impacts. Each explanation has different implications for research and policy, indicating a need to further explore the relative contribution that each makes to a given situation in order to develop more effective responses locally and regionally. Given that the Arctic is on the front lines of climate change, these explanations are likely relevant to the ways changes play out in other parts of the world. Our review also underscores the importance of further attention to the details of social dynamics in climate change impacts and responses

Leveraging Smart Technology for User Experience Personalization – A Comparative Case Study of Innovative Payment Systems

Background: This study seeks to understand how the attributes of smart technology (SMT) can be leveraged to enable personalized services and optimize unique user experiences to attract and retain customers. Based on Kang et al.’s (2020) study of SMT attributes and quality effects and Liang et al.’s (2006) study on personalized recommendation and user satisfaction, we constructed a SMT personalization model to analyze how the SMT attributes of smart functionality and smart content enable personalization in different ways and create unique customer experiences throughout the user journey. Method: Two representative payment systems were selected to depict how they integrated the strengths of personalized smart functionalities and contents to innovate their business models, optimize user experiences, and sustain business growth. Results: Based on the comparative analysis of the two payment cases, the functionality and content attributes of smart chips and omni-channel platforms were explored, and the tailored advisory and responsive support for customers both offline and online were validated. Conclusion: The life-enriching service innovations provide valuable insights for leveraging SMT for personalization. It is hoped that the SMT personalization model can be extended to other types of SMT applications and can be used as a framework for designing innovative services

Strategies for Leveraging IT-enabled Service Innovation in Intensively Competitive Market

Many studies have explored service innovations regarding the use of information technologies, yet few have addressed the strategic leveraging in IT investment for sustaining competitiveness. The objective of this paper is to examine different strategies that firms have applied in leveraging advanced information technologies for service innovation in highly competitive market. The analysis of strategy is developed based on two dimensions: (1) IT capability, referring to a firm’s ability to deploy IT-based resources, combined with (2) the firm’s complementary resources including customer and supplier relationships, financial capital. We investigate the convenience-store industry in Taiwan, where the intensity of convenience stores is ranked as the highest in the world and is observed to be in the intensive competitive market. The case analysis reveals that there are four types of strategies firms apply in leveraging IT for competitiveness: predator, inventor, follower, and hedger. Firms may apply multiple strategies toward different innovation initiatives

Emotional Freedom Techniques Dan Tingkat Kecemasan Pasien Yang Akan Menjalani Percutaneous Coronary Intervention

Anxiety that happen before Percutaneous Coronary Intervention (PCI) can aggravate the condition of disease, affecting hemodynamic status, immune disorders and metabolic disorders that result in tissue perfusion and oxygen supply disruption, if. Emotional Freedom Techniques (EFT) is one of the preferred interventions, because based on some literature, EFT can reduce anxiety, overcoming anxiety directly on the cerebral cortex and also address the root causes of anxiety based. The objective of research to determine the effect of EFT intervention on level anxiety of patients undergoing PCI in Hospital X. The research using quasi experimental method to design one group pretest and posttest. 30 people were divided into intervention and control groups by using a concecutive sampling technique. The intervention group received EFT for 15 minutes. Anxiety level is measured before and after intervention using State Trait Anxiety Inventory questionnaire (STAI-S). Data were analyzed by t test. The result showed there were significant differences between anxiety levels before and after the EFT intervention (p<0.05) and significant difference intensity of anxiety after intervention between intervention and control groups (p<0.05). The Conclusion of research is EFT can reduce anxiety levels on patients undergoing PCI. EFT is something that needs to be considered as based on empirical evidence, provide benefits, easy and without side effects