1,882 research outputs found
Geospatial modeling approach to monument construction using Michigan from A.D. 1000–1600 as a case study
Building monuments was one way that past societies reconfigured their landscapes in response to shifting social and ecological factors. Understanding the connections between those factors and monument construction is critical, especially when multiple types of monuments were constructed across the same landscape. Geospatial technologies enable past cultural activities and environmental variables to be examined together at large scales. Many geospatial modeling approaches, however, are not designed for presence-only (occurrence) data, which can be limiting given that many archaeological site records are presence only. We use maximum entropy modeling (MaxEnt), which works with presence-only data, to predict the distribution of monuments across large landscapes, and we analyze MaxEnt output to quantify the contributions of spatioenvironmental variables to predicted distributions. We apply our approach to co-occurring Late Precontact (ca. A.D. 1000–1600) monuments in Michigan: (i) mounds and (ii) earthwork enclosures. Many of these features have been destroyed by modern development, and therefore, we conducted archival research to develop our monument occurrence database. We modeled each monument type separately using the same input variables. Analyzing variable contribution to MaxEnt output, we show that mound and enclosure landscape suitability was driven by contrasting variables. Proximity to inland lakes was key to mound placement, and proximity to rivers was key to sacred enclosures. This juxtaposition suggests that mounds met local needs for resource procurement success, whereas enclosures filled broader regional needs for intergroup exchange and shared ritual. Our study shows how MaxEnt can be used to develop sophisticated models of past cultural processes, including monument building, with imperfect, limited, presence-only data
Recreating Faulkner: Cleanth Brooks’ Use of Faulkner as New Critical Exemplar
Cleanth Brooks’ emphasis on textual structure helped move Faulkner criticism in new directions. Though early reviews and critical treatments of William Faulkner’s works frequently speculated on his literary intentions, combed his words for various ideologies, or sought a Jamesian realism, Brooks’ earliest studies of Faulkner insisted that his novels and stories be appreciated for their mastery of form. Although Brooks’ later studies have received much of the attention they deserve, his earliest essays on Faulkner have been largely neglected. Cumulatively, Brooks’ many articles and book-length studies of Faulkner’s fiction seek to repackage him as a Modernist writer whose works are ahistorical, apolitical, and dominated by a sophisticated structure
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Publication rates on the topic of racial and ethnic diversity in dermatology versus other specialties
Background: The population of the U.S. is becoming more diverse every year. The field of dermatology is not following the same trend. Objective: To assess the promotion of diversity in the field of dermatology by analyzing publications focused on diversity, compared to other specialties. Methods: The PubMed database was systematically searched to identify publications focused on diversity from January 2008 to July 2019. The search criteria were as follows: dermatology/radiology/ophthalmology/ anesthesiology/orthopedic surgery/family medicine/ internal medicine/general surgery AND diversity/ diverse/racial/race/ethnic/ethnicity/cultural/culture/competency/competence. Comparisons were made using single-factor ANOVA and two-group t-tests. A qualitative analysis was performed for publications in the field of dermatology. Results: From January 2016 to July 2019, there were 25 publications focused on diversity in dermatology (Mean=6.25, SD=2.06), compared to 6 in radiology (Mean=1.50, SD=1.29, P=0.01), two in ophthalmology (Mean=0.50, SD=0.58, P=0.01), two in anesthesiology (Mean=0.50, SD=1.00, P=0.01), 12 in orthopedic surgery (Mean=3.00, SD=1.41, P=0.04), 23 in family medicine (Mean=5.75, SD=2.22, P=0.75), 9 in internal medicine (Mean=2.25, SD=1.71, P=0.02), and 7 in general surgery (Mean=1.75, SD=0.50, P=0.02). Conclusions: Although the field of dermatology has suffered from a lack of racial/ethnic diversity, efforts to promote diversity via increased publications in the last four years have been stronger in dermatology compared to many other fields
Shifting the Fat-Tailed Distribution of Blockbuster Punitive Damages Awards
The distribution of blockbuster punitive damages awards has fat tails similar to the distributions of losses from natural disasters Extremely large awards occur more often and are more difficult to predict than if blockbuster awards were distributed normally The size and predictability of awards are important factors in the US Supreme Court\u27s decisions on punitive damages This article examines the effect of the Court\u27s decision in iState Farm v Campbelli on blockbuster punitive damages awards iState Farmi shifts the fat tail of the distribution of blockbuster awards down or thins the tail which is consistent with a restraining effect on award size iState Farmi reduces the size of blockbuster awards in general but this reduction is most salient in the upper half of the distribution of awards iState Farmi also has a negative influence on the probability of exceeding a single digit ratio between punitive and compensatory damages This article also examines the largest awards and considers why defendants may not pay large punitive damages award
Bringing Predictability to the Chaos of Punitive Damages
Punitive damages remain unique in the American legal system. Awarded in the civil context with none of the protections offered in criminal law, courts levy punitive damages to punish and deter. The Supreme Court of the United States has clearly stated that courts may only seek to achieve these two goals when imposing punitive damages. A closer reading of the Court\u27s punitive damages jurisprudence, however, reveals another goal that has largely been ignored: predictability. Unlike punishment and deterrence, predictability is not a purpose for which to award punitive damages. Instead, the Court requires that, when awarded, the level of punitive damages must be predictable. Failure to provide fair notice of the penalty for which a defendant may be liable amounts to a violation of the Fourteenth Amendment\u27s Due Process Clause.
Though the Supreme Court has articulated that predictability is on par with punishment and deterrence in its punitive damages jurisprudence, the question remains as to whether this goal has been achieved This Article answers that question with an empirical analysis of 167 blockbuster punitive damages awards those over $100 million. These extreme awards offer a unique and important opportunity to investigate whether the Court\u27s current approach to predictability has worked. Unfortunately, it has not. Our analysis reveals that blockbuster awards remain unpredictable. In general, the amount of blockbuster punitive damages awarded is roughly as predictable as deaths caused by catastrophic floods, andfew would argue that devastating natural disasters are readily predictable.
Given the continued unpredictability of punitive damages, as evidenced by the random occurrence of blockbuster awards, this Article takes the next logical step of articulating a new constitutional framework. We argue that the Supreme Court should abandon its complicated system based on three guideposts, which eschews bright-line rules. In its place, we offer a clear limit on punitive damages. We propose that punitive damages may not exceed the compensatory damages awarded against the same defendant by more than a factor of three. This 3-to-1 ratio limit stems from the same type of empirical evidence that the Court has historically embraced in its punitive damages jurisprudence. The lone exception to this limit applies when a person is killed or injured. In that case, the value of statistical hfe serves as the lodestar for determining the total damages payment, thus guiding courts toward predictable punitive damages awards. If the Court takes predictability as seriously as it has stated, it can adopt our approach to take meaningful steps toward this important goal
Taming Blockbuster Punitive Damages Awards
Blockbuster punitive damages awards ie those awards exceeding 100 million attract attention based on their sheer size While there have been fewer such awards in the last decade they remain an important presence in the legal landscape Taking notice of these and other large punitive damages awards courts and state policymakers have taken steps to both constrain them and render them more predictable States have enacted punitive damages caps to limit the amount of punitive damages courts can award but these caps often contain a number of exceptions and apply only to damages under a specific state\u27s law At a broader level the Supreme Court has announced a general limitation on punitive damages under the Due Process Clause of the Fourteenth Amendment which applies to all cases and contains very few exceptions Under State Farm v Campbell punitive damages awards that exceed the accompanying compensatory award by more than a factor of ten will generally violate due process However this limit is substantially higher than the punitive damages caps that some states have put in place This Article provides the first empirical analysis of the effect of state punitive damages caps on blockbuster awards and offers the first comparison of the effect of these reforms with the effect of the Supreme Court\u27s current constitutional doctrine on punitive damages Understanding the roles of these legal regimes in how the largest punitive damages awards are imposed provides unique insight into how different factors affect courts\u27 decisions to award punitive damages Relying on this insight as well as previously developed empirical evidence we argue that it is time for a new constitutional doctrine on punitive damages In particular we argue that the Supreme Court should incorporate the lessons learned from the different effects of state punitive damages caps to lower the limit placed on punitive damages under the Due Process Clause For cases involving financial loss punitive awards more than three times the size of the accompanying compensatory award will generally violate due process For cases involving severe injuries such as wrongful deaths the total value of punitive damages and compensatory damages should not exceed economic estimates of the value of a statistical life which is an economic deterrence measure This proposed structure would better achieve the Court\u27s goal of returning predictability to punitive damages awards blockbuster and otherwis
Effects of live-bait shrimp trawling on seagrass beds and fish bycatch in Tampa Bay, Florida
The use of live shrimp for bait in
recreational fishing has resulted in
a controversial fishery for shrimp in
Florida. In this fishery, night collections
are conducted over seagrass
beds with roller beam trawls to capture
live shrimp, primarily pink
shrimp, Penaeus duorarum. These
shrimp are culled from the catch on
sorting tables and placed in onboard
aerated “live” wells. Beds of
turtlegrass, Thalassia testudinum,
a species that has highest growth
rates and biomass during summer
and lowest during the winter (Fonseca
et al., 1996) are predominant
areas for live-bait shrimp trawling
(Tabb and Kenny, 1969).
Our study objectives were 1) to
determine effects of a roller beam
trawl on turtlegrass biomass and
morphometrics during intensive
(up to 18 trawls over a turtlegrass
bed), short-term (3-hour duration)
use and 2) to examine the mortality
of bycatch finfish following capture
by a trawl
Phase conjugate fluorozirconate fibre laser operating at 800nm
We report phase-conjugate feedback into a fluorozirconate optical fiber amplifier at infrared wavelengths. By using a semiconductor laser diode at 807 nm, a grating is established in photorefractive BaTiO3 that, in the ring configuration, provides feedback into the amplifier necessary for laser action. Once written, the grating is self-sustaining, and lasing is observed even after the laser diode is removed
Sorry Is Never Enough: How State Apology Laws Fail to Reduce Medical Malpractice Liability Risk
Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, thirty-nine states (and the District of Columbia) have sought to reduce litigation and medical malpractice liability by enacting apology laws. Apology laws facilitate apologies by making them inadmissible as evidence in subsequent malpractice trials.
The underlying assumption of these laws is that after receiving an apology, patients will be less likely to pursue malpractice claims and will be more likely to settle claims that are filed. However, once a patient has been made aware that the physician has committed a medical error, the patient\u27s incentive to pursue a claim may increase even though the apology itself cannot be introduced as evidence. Thus, apology laws could lead to either increases or decreases in overall medical malpractice liability risk. Despite apology laws\u27 status as one of the most widespread tort reforms in the country, there is little evidence that they achieve their goal of reducing litigation.
This Article provides critical new evidence on the role of apology laws by examining a dataset of malpractice claims obtained directly from a large national malpractice insurer. This dataset includes substantially more information than is publicly available, and thus presents a unique opportunity to understand the effect of apology laws on the entire litigation landscape in ways that are not possible using only publicly available data. Decomposing medical malpractice liability risk into the frequency of claims and the magnitude of those claims, we examine the malpractice claims against 90% of physicians in the country who practice within a particular specialty over an eight-year period.
The analysis demonstrates that for physicians who regularly perform surgery-a context in which patients are more likely to be aware of potential risks-apology laws do not have a substantial effect on the probability that a physician will face a claim or the average payment made to resolve a claim. For nonsurgeons, we find that apology laws increase the probability of facing a lawsuit and increase the average payment made to resolve a claim, a finding which is consistent with the presence of asymmetric information. Overall, our findings indicate that on balance, apology laws increase rather than limit medical malpractice liability risk
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