Knowing and Voluntary Standard: Is the Sixth Circuit\u27s Test enough to Level the Playing Field in Mandatory Employment Arbitration, The

Most courts require that for an individual to waive her Seventh Amendment right to trial by jury, she must knowingly and voluntarily waive that right. This heightened requirement for waiver exists because the United States Supreme Court has found that [tlhe trial by jury is justly dear to the American people... and every encroachment upon it has been watched with great jealousy. Seemingly this standard should apply to mandatory employment arbitration agreements, as shifting the venue from the courts to the arbitral tribunal implicitly means waiving the right to trial by jury. However, because the Federal Arbitration Act ( FAA ) requires that enforcement of arbitration agreements rests on contract standards of consent, most courts apply a less employee-protective test by simply determining whether there were manifestations of mutual assent to the arbitration agreement. The Sixth Circuit Court of Appeals, to the benefit of employees, does apply a knowing and voluntary test, as demonstrated by its decision in Seawright v. American General Financial Services ( AGF ), but the definitional factors it examines seem to lack the comprehensiveness of tests outlined by various commentators, and it does not adequately address the voluntariness aspect of the standard

Mobile applications for weight loss: a guide for use in the primary care setting

BACKGROUND: Seven out of every 10 adults in the United States can benefit from weight loss. Overweight and obesity have emerged at the forefront of public health concerns and are associated with significant morbidity and mortality. Primary care providers have the opportunity to identify overweight/obese patients and initiate weight loss efforts with an efficacious treatment plan that addresses individual challenges and barriers. Modest weight loss of 5-10% can be achieved with referral to a high-intensity, on-site, comprehensive lifestyle intervention program. However, most overweight/obese patients do not enroll in these programs; thus, there is a significant demand for alternative weight loss strategies. Providers can help patients individualize and apply the 3 evidence-based components of lifestyle intervention (reduced calorie diet, increased physical activity, and behavior modification) to create a plan that defines weight loss goals, dietary and physical activity targets, and behavior change strategies. LITERATURE REVIEW: mHealth applications show promise for augmenting weight loss efforts, likely by facilitating behavior change strategies such as self-monitoring. High-quality data is lacking to define the precise role of mHealth apps in weight loss, but a limited number of studies report significant app features and average frequency of use associated with weight loss. PROPOSED PROJECT: Preliminary evidence-based recommendations advise patients to use an mHealth app to log dinner and 1 other meal every day, log all minutes of moderate-to-vigorous physical activity, and log body weight 2-3 times per week. Wearable sensors can be used to enhance user experience, but should not substitute for manually logging physical activity. Patients should monitor their caloric intake, minutes of physical activity, and body weight frequently with reference to their goals and prescribed recommendations. CONCLUSION & SIGNIFICANCE: Overweight/obesity is a disease that demands attention from the medical profession due to the high prevalence and associated morbidity and mortality. Primary care providers can begin to address the obesity epidemic by propagating patient weight loss efforts. Clinically significant weight loss can be accomplished with lifestyle modification, so providers should be encouraged to prescribe evidence-based lifestyle recommendations for reduced caloric intake, increased physical activity, and behavior change strategies. Patients can actively engage with these recommendations by using an mHealth app with guidance from their providers. Employing pragmatic lifestyle interventions that incorporate evidence-based strategies and encourage longevity may decrease the prevalence of overweight/obesity and its’ associated chronic conditions

Feedback im Arbeitsleben - eine Selbstwert-Perspektive

Zusammenfassung: Feedback ist unerlässlich und allgegenwärtig. Konstruktives Feedback ist ein wichtiges Führungsinstrument. Gutes Feedback zu geben, ist jedoch alles andere als einfach, und nicht selten fühlen sich Mitarbeitende durch Feedback verletzt und demotiviert. Ein zentraler Aspekt guten Feedbacks bezieht sich auf Aufrechterhaltung, Förderung oder Schädigung des Selbstwerts; der vorliegende Artikel beleuchtet Feedback vor allem unter diesem Aspekt. Diskutiert werden die Bedeutung des Feedbacks für den Selbstwert, Kriterien für optimales Feedback sowie die Schwierigkeiten, optimales Feedback zu geben wie auch Feedback anzunehmen, wobei negatives Feedback im Vordergrund steht. Abschließend wird auf Feedback im Rahmen betrieblicher Leistungsbewertung eingegange

Arachnomelia syndrome in Simmental cattle is caused by a homozygous 2-bp deletion in the molybdenum cofactor synthesis step 1 gene (MOCS1)

<p>Abstract</p> <p>Background</p> <p>Arachnomelia syndrome is an autosomal recessive inherited disease in cattle. Affected calves die around birth and show malformations of the skeleton mainly affecting the legs, the spinal column and the skull. A number of arachnomelia syndrome affected Simmental calves were recently detected by a surveillance system of anomalies with a peak of more than 120 recorded cases in the year 2006. The causative mutation was previously mapped to a 9 cM-region on bovine chromosome 23. We herein report the fine-mapping and identification of the gene causing arachnomelia syndrome in Simmental cattle.</p> <p>Results</p> <p>By using a dense set of markers, the arachnomelia syndrome linked region could be refined to 1.5 cM harbouring three protein coding genes. Comparative sequencing of these genes revealed a two-bp-deletion in the bovine <it>MOCS1 </it>gene resulting in a frame-shift and a premature termination codon. We genotyped affected calves and their ancestors and found that all affected were homozygous for the deletion whereas all carriers were heterozygous. Furthermore, cattle from the same population, but not directly related to known carriers mostly showed the wild type genotype.</p> <p>Conclusions</p> <p><it>MOCS1 </it>encodes two proteins that are involved in the first synthesis step of molybdenum cofactor. A non functional sulfite-oxydase, one of the enzymes requiring molybdenum cofactor, leads to a similar pathology in Brown Swiss cattle. In combination the perfect association of the mutation with the phenotype and the obvious disruption of protein translation provide strong evidence for the causality of the <it>MOCS1 </it>mutation. Our results are the first example for an oligogenic lethal inherited disease in cattle. Furthermore, they show the potential involvement of sulfite metabolism in aberrant bone development.</p

Assessing User Understanding of Heritage in the Environment: Preservation Strategies for the Use of Place

While places often derive associations with heritage from distinctive land uses or patterns of activity, the historic preservation planning tools commonly available in the U.S. are limited in their ability to sustain those associations. The active and evolving aspects of a location’s character are challenging to reflect in the point-in-time historic property documentation that typically serves as the basis for preservation planning decisions. This study explored methods to illuminate the qualities residents and users associate with a community’s distinctive local character, or sense of place, and how those qualities relate to local history and heritage. Two case studies in Nashville, Tennessee, the urban Music Row neighborhood and rural Bells Bend community, were examined through mixed research methods, including document-based research, field observation, online survey, and interviews, to achieve a more holistic understanding of sense of place and to ascertain which features and qualities meaningful to members of the community align with place characteristics that can be regulated by local planning tools. Older and historic places were among those associated with the sense of place of both cases. Continuity of locally-distinctive uses emerged as important, as did social interactions and relationships. Uses may be sustained with the help of planning tools beyond those commonly thought of as preservation strategies, such as land use zoning and economic incentives. Social aspects of place are harder to address but can be recognized through expanded definitions of heritage and interpretive efforts. Though a limited response rate constrained interpretation of some results, elements of the methodology show promise for enabling direct input from place users in practice. Defining what heritage-related qualities are most meaningful to community character can yield better informed preservation planning processes

Battery Discharge from Monday to Friday: Background Social Stress at Work is Associated with more Rapid Accumulation of Fatigue

Purpose: This field study investigated the effects of background social stress at work on the weekly course of evening fatigue. Methods: Male employees of a Swiss organisation reported their fatigue after work and at 9 pm in the evening over three weeks. A total of 482 evening fatigue measurements from 34 male participants were subjected to multilevel analysis. Results: Sleep quality in the previous night and fatigue after work predicted evening fatigue. Evening fatigue was not associated with the time spent on daily housework or child care. There was a linear increase in evening fatigue across weekdays and a main effect of workplace social stressors on evening fatigue. Sleep quality during the previous night mediated the link between background social stressors and evening fatigue. Moreover, an interaction between workplace social stressors and working days indicated that fatigue accumulated faster during the working week in those reporting a high level of social stress at work. Conclusion: Social stress at work seems to accelerate the loss of resources over consecutive workdays. The analysis of workplace social stressors and other potential moderators of resource dynamics contributes to our understanding of work-related stress, including the role of background stressors and the temporal dynamics of resource loss

Ensino de geometrias não-euclidianas usando arte e matemática

Acompanha: O ensino de arte e matemática: abordagens geométricas (material didático)The present dissertation had as objective to introduce basic concepts of non-euclidian geometries in Mathematics classes of the Medium Teaching using Art and Mathematics. Therefore, it was used the triangular approach, supported by Barbosa and of registrations of semiotic representations, based in the Duval studies. The study involved students of second grades of High School in a public school from Rio Negro (PR). The applied research consisted of two stages. In a first moment, pysanky was analyzed mathematical concepts used in its composition and the use was verified instinctively, by the artisans, of concepts as symmetry, proportion, polygons, ellipses, biláteros, straight line and points. In the second stage the teaching of geometries was approached non-euclidian in the Medium Teaching, using Art and Mathematics. The methodological point of view the approach was qualitative, of interpretative nature, with participant observation. The data were picked up starting from the application of sequences of activities involving anamorphosis, space geometry and projective and, of the application of investigative shop involving plane, space, elliptic and projective geometries. The activities developed with the students involved materials that there manipulated, technological resources, image analysis, historical context and how to produce artistic activities. The results showed the validity of the educational work with interdisciplinary methodology, making the Math lessons motivating and challenging. As the final product, It presents a pedagogical manual that has for purpose to provide teachers of Mathematics and Art, interested in the subject, information connections between Art and Mathematics that are present in the teaching notions of non-euclidian geometries.A presente dissertação teve como objetivo da introduzir conceitos básicos de geometrias não-euclidianas em aulas de Matemática do Ensino Médio, usando Arte e Matemática. Para tanto, utilizou-se de abordagem triangular, fundamentada por Barbosa e de registros de representações semióticas, baseados nos estudos de Duval. O estudo envolveu estudantes de 2as séries do Ensino Médio de um colégio público estadual do município de Rio Negro (PR). A pesquisa aplicada constou de duas etapas. Num primeiro momento, analisou-se pêssankas à procura de conceitos matemáticos empregados em sua composição e verificou-se a utilização, instintivamente, pelos artesãos, de conceitos como simetria, proporção, polígonos, elipses, biláteros, retas e pontos. Na segunda etapa abordou-se o ensino de geometrias não-euclidianas no Ensino Médio, usando Arte e Matemática. Do ponto de vista metodológico a abordagem foi qualitativa, de natureza interpretativa, com observação participante. Os dados foram recolhidos a partir da aplicação de sequências de atividades envolvendo anamorfose, geometria espacial e projetiva e, da aplicação de oficina investigativa, envolvendo geometrias plana, espacial, elíptica e projetiva. As atividades desenvolvidas com os alunos envolveram materiais manipuláveis, recursos tecnológicos, análise de imagem, contexto histórico e fazer artístico. Os resultados mostram a validade do trabalho docente com metodologia interdisciplinar, tornando as aulas de Matemática motivadoras e desafiantes. Como produto final, apresenta-se um manual pedagógico que tem por finalidade fornecer aos professores de Matemática e de Arte, interessados no assunto, informações sobre conexões entre Arte e Matemática que se fazem presentes no ensino de noções de geometrias não-euclidianas