Brief of Amici Curiae in Support of Appellant, James Townsend v. Midland Funding, LLC

The Consumer Protection Clinic of the University of Maryland Francis King Carey School of Law, filed a Motion to Participate and an Amicus Brief in the case of Townsend v. Midland Funding, LLC. The case presents the question of whether documents created by third party predecessors in interest—usually a bank—may be admitted into evidence when a debt buyer plaintiff does not demonstrate personal knowledge regarding any of the foundational elements which would be required to admit the documents under the business records exception to the hearsay rule. Amici urge the Court to overturn the lower court, and hold that a debt buyer’s documents may not be admitted into evidence without the debt buyer first laying the proper foundation for the business records exception to the hearsay rule. The Clinic was joined by AARP, the National Consumer Law Center, the National Association of Consumer Advocates, and by the Maryland Legal Aid Bureau and Maryland\u27s Public Justice Center. The Brief deals with the problems of data integrity and the lack of competent, reliable evidence in lawsuits filed purchasers of charged off credit card debt, known as debt buyers. The Consumer Protection Clinic and other amici examine due process and professionalism concerns which arise when our courts (primarily Maryland\u27s District Court) do not strictly apply the special evidentiary and procedural rules which exist for small claims actions

Heat asymptotics with spectral boundary conditions

Let $P$ be an operator of Dirac type on a compact Riemannian manifold with smooth boundary. We impose spectral boundary conditions and study the asymptotics of the heat trace of the associated operator of Laplace type.Comment: 20 pages, published in Geometric Aspects of Partial Differential Equations, Contemporary Mathematics 242 (1999) AMS, 107-12

Research on Social Engagement with a Rabbitic User Interface

Companions as interfaces to smart rooms need not only to be easy to interact with, but also to maintain long-term relationships with their users. The FP7-funded project SERA (Social Engagement with Robots and Agents) contributes to knowledge about and modeling of such relationships. One focal activity is an iterative field study to collect real-life long-term interaction data with a robotic interface. The first stage of this study has been completed. This paper reports on the set-up and the first insights

Structural and stochastical modelling of possible contaminant pathways below nuclear installations

Structural and stochastical modelling of possible contaminant pathways below nuclear installations 1Richard Haslam, 1Stuart Clarke, 1Peter Styles & 2Clive Auton 1Earth Sciences and Geography, School of Physical and Geographical Sciences, Keele University, Keele, Staffordshire, ST5 5BG, United Kingdom 2British Geological Survey, Murchison House, West Mains Road, Edinburgh, EH9 3LA, United Kingdom Dounreay Nuclear Power station is situated on the northern coast of Caithness, Scotland on complex normally faulted Devonian sedimentary rocks with a thin, intermittent cover of superficial deposits, predominantly comprising glacial tills of varying provenance. Bedrock structure, fracture patterns and the relationships between bedrock and the superficial deposits have a considerable impact on the transmissivity of any possible contaminants. Consequently, an understanding of the bedrock-superficial boundary and how fractures and faults influence and control the transport of fluids are a key concern. The principal aims of this work are to gain an understanding of the processes and controls on fluid flow pathways within such complex geological terrains, and develop methods of stochastatically evaluating likely contamination transport within the subsurface. This work focuses on the near-surface bedrock geology and superficial deposits. The near surface geology of the Dounreay site comprises cyclic sequences of lacustrine rocks; their cyclicity has enabled a reference stratigraphy to be created and correlated across the site. This stratigraphy, the coastal exposures and the extensive amount of borehole data available, provide a unique opportunity to construct and constrain a three-dimensional bedrock model; the interpretive element of which has been robustly test using structural restoration techniques. In the bedrock of Dounreay, three principal fracture sets have been identified. The first two sets of fractures are approximately orthogonal, trending north-northwest and west-southwest respectively; they represent the regional fracture set. It is proposed that these fractures where produced during loading and burial of the Devonian sediments. The final fracture set is predominantly parallel to bedding of the laminated sediments; it gives the Caithness Flagstones their ‘flaggy’ nature. The regional fracture sets are approximately constant over the site area and vary little with depth, whereas the bedding parallel fracture set shows a marked decrease in the number of fractures per meter with depth, on a logarithmic trend. This relationship is also visible in the Rock Quality Designation (RQD) values and hydraulic conductivity data from boreholes. It follows that the bedding parallel fractures are the major controlling factor of flow in the shallow subsurface and that the RQD values can be used as a proxy for fracture density. RQD values are a commonly collected during borehole drilling and the relationship between hydraulic conductivity and RQD values offer a method for stochastically populating a 3D geological model with hydraulic conductivity values. Current geological interpretations of the superficial deposits are based primarily on their genesis. Consequently, subdivisions based on the origin of the sediments do not relate directly to their fluid transmissivity. The superficial deposits generally have a very low hydraulic conductivity, compared to that of the bedrock, impeding the flow of water from the surface to the groundwater system at depth. A combination of driller’s description and comparisons of grain-size distribution enables subdivisions of the Quaternary strata to be established based on their properties instead of their genesis. These properties can then be stochastically interpolated throughout the 3D geological model. This work provides a framework from which likely contamination scenarios can be modelled, both in the well-constrained subsurface of Dounreay, and at other nuclear installations where the nature of the subsurface is less well constrained

Crossing Antarctica:Hospital nurses' experience of knowledge when providing palliative and end of life care

BACKGROUND: Hospitals can be challenging environments for nurses when providing palliative and end-of-life care. Understanding hospital nurses' experiences of their application of palliative and end-of-life knowledge could help direct future education to support such challenging care.AIM: To understand how hospital nurses use knowledge in palliative and end-of-life care situations.METHOD: Interpretive phenomenology was used to understand 10 hospital nurses' experiences and ability to apply palliative and end-of-life knowledge.FINDINGS: The hospital nurses' experiences of knowledge in palliative and end-of-life care was like Crossing Antarctica: unpredictable due to the changing demands and life course leading to uncertainty with knowledge and feeling helpless. Two themes emerged; Knowledge and uncertainty describes feeling unprepared, lacking in knowledge; knowledge and empowerment describes the nurses experiences of applying their knowledge in clinical environments.CONCLUSION: The nurses' sense of uncertainly could be attributed to their palliative and end-of-life knowledge being systematic, making it difficult for them to manage uncertain situations. Some nurses were empowered to apply knowledge, others were disempowered, suggesting the ability to apply their palliative and end-of-life knowledge is not determined by knowledge alone but also by the position they held.</p

An investigation into the adoption of CDIO in distance learning

The Conceive, Design, Implement and Operate Initiative (CDIO) uses integrated learning to develop deep learning of the disciplinary knowledge base whilst simultaneously developing personal, interpersonal, product, process and system building skills. This is achieved through active and experiential learning methods that expose students to experiences engineers will encounter in their profession. These are incorporated not only in the design-build-test experiences that form a crucial part of a CDIO programme but also in discipline focused studies. Active and experiential learning methods are, of course, more difficult to incorporate into distance education. This paper investigates these difficulties and the implications in providing a programme that best achieves the goals of the CDIO approach through contemporary distance education methods. First, the key issues of adopting the CDIO approach in conventional oncampus courses are considered with reference to the development of the CDIO engineering programmes at the University of Liverpool. The different models of distance based delivery of engineering programmes provided by the Open University in the UK, and Deakin University and the University of Southern Queensland in Australia are then presented and issues that may present obstacles to the future adoption of the CDIO approach in these programmes are discussed. The effectiveness and suitability of various solutions to foreseen difficulties in delivering CDIO programmes through distance education are then considered. These include the further development, increased use and interinstitutional sharing of technology based facilities such as Internet facilitated access to laboratory facilities and computer aided learning (CAL) laboratory simulations, on campus workshops, and the development of a virtual engineering enterprise