Torts—Contributory Negligence As A Matter Of Law

Nucci v. Warshaw Constr. Corp., 12 N.Y.2d 16, 186 N.E.2d 401, 234 N.Y.S.2d 196 (1962)

Understanding older consumers' usage of self-service technologies: test of two models

Self-service technologies play a major role in enabling consumers to perform service delivery themselves. This requires consumers adopting this service delivery process to modify their behaviour, however some consumers may resist change. Evidence of this is particularly strong in older consumers (plus 50 years of age) where their usage of self-service banking technologies (SSBT's) is considerably lower than for younger consumers. This paper specifically explores the beliefs, attitudes, intentions and usage behaviour of SSBT's by older consumers through the comparison of the suitability, fit and explanatory power of two existing models, namely the Theory of Planned Behaviour (TPB) (Ajzen 1991) and Technology Acceptance Model (TAM) (Davis, Bagozzi & Warshaw 1989). Survey methodology approach using a mailed questionnaire to 600 randomly selected respondents resulted in the return of 208 (35%) usable questionnaires. The use of SSBT's varied across the sample with 19% (40) non-users; 19% (40) low users (< 50% use); and 62% (128) moderate to high users (> 60%). The models were tested using AMOS 4.01 (Arbuckle & Wothke 1999), maximum likelihood estimation method. The TAM had a less than acceptable fit resulting in a modified TAM. The Modified TAM when compared with the TPB model had an overall better fit to the data in that all fit statistics were within acceptable limits and similar explanatory power. However, with the addition of two specific belief constructs in the modified TAM, perceived ease of use and perceived usefulness, these constructs provide a richer understanding of the factors that influence attitude (A), behaviour intention (BI) and behaviour (B) of older consumers' usage of SSBT's. Further, the failure of the perceived behavioural control pathway to contribute to the explanation of SSBT behaviour in the TPB model effectively gives the advantage to the Modified TAM. It is primarily for these reasons that the Modified TAM is favoured over the TPB model in this study

Politics in forgotten governments: the partisan composition of county legislatures and county fiscal policies

County governments are a crucial component of the fabric of American democracy. Yet there has been almost no previous research on the policy effects of the partisan composition of county governments. Most counties in the United States have small legislatures, usually called commissions or councils, that set their budgets and other policies. In this study, we examine whether counties with Democratic legislators spend more than counties with Republican ones. We assemble an original data set of 10,708 elections in approximately 298 medium and large counties over the past 25 years. Based on a regression discontinuity design, we find that electing a Democratic legislator rather than a Republican one leads the average county to increase spending by about 5%. Overall, our findings contribute to a growing literature on the policy consequences of partisan control of state and local government. They show that the partisan selection of county legislators has important policy effects in county governments.Accepted manuscrip

The Dialectics of Oriental Images in American Trade Cards

A late nineteenth-century trade card, or a color-printed circulating advertisement, touts Shepherd and Doyle\u27s new Celluloid waterproof collars, cuffs and shirt bosoms (Fig. 1).1 These economical, durable, and handsome clothing items require less starching and washing, and so remove the need for Chinese laundries. The text on the reverse side includes directions on how to remove yellow stains, and the image enacts a kind of literal version of this removal. The slovenly laundryshop (the clothes overflowing the basket, the linens hung up askew, the steaming basins), the mix-and-match, gender-ambiguous garments of the workers, and their thin, slouching bodies all participate in the racist stereotype of Asians as dirty, effeminate and alien others. The caption proclaims the product to be The Last Invention ; the last indicates finality, both in terms of modernity as the final stage of history and of a solution to the problem of unwanted immigrants. A group of Chinese male laundry-workers are so taken aback by this product that their pigtails stand in erect consternation. Their reaction stems both from the realization that they must return to China because their services have become unnecessary as well as from pure awe at the invention itself; in both cases, the scenario and its appeal apparently rely on these acts of recognition by the Chinese characters. Furthermore, the advertisement\u27s status as such - merely advertisement - hides the illogicality of the celluloid salesman\u27s presence in the laundry at all. The salesman, wearing a garish plaid suit and a bowler hat, appears to be one of those traveling salesmen who might peddle patent medicines, yet he bears the product eliciting such awe and consternation. Rather than selling the product to the Chinese workers, he appears simply to be taking gratuitous pleasure in introducing the workers to the agent of their impending misfortunes

Presidency First: The Unitary Executive Governs America

While considerable debate has occurred over the founders’ original conception of the executive’s proper role, most can agree that the unitary executive theory developed during the George W. Bush administration expanded executive power far beyond that original conception. Though a vocal opponent to Bush’s expansion of power, President Barack Obama asserted similarly sweeping powers in both foreign and domestic policy. While President Donald Trump demonstrates clear ambivalence towards an all-encompassing rule of law, early indicators suggest that he will exhibit a proclivity for robust assertions of executive power that will rival or surpass his immediate predecessors even if, in some cases, he would prefer to punt politically challenging issues to Congress under the guise of not having the power to act. For its part, Congress has largely appeared unwilling or unable – functional equivalents – of restraining expansions of executive power by any of the three most recent presidents. As such, the unitary executive is alive and well … and, even if it is not actively expanding under Trump, previous expansions under his predecessors mean there is plenty of executive authority to go around

Protein restriction in children with chronic renal failure

The progressive nature of renal functional impairment has been recognized for a long time (Mitch 1976, Rutherford 1977). Once glomerularfiltration rate has decreased to 25 ml!min/1.73m' progression to end stage renal disease is inevitable and independent of the primary renal disease (Leumann 1978, Arbus 1981, Warshaw 1982, Warshaw 1985, Claris-Appiani 1986, Fine 1991, Norwick 1991). Based on the assumption that renal functional deterioration is related to renal workload, Addis suggested in 1948 to decrease protein intake in patients with chronic renal failure (Addis 1917, Addis 1948). His aim was not to reduce uremic symptoms (fatigue, thirst, stunted growth, itching) but rather to prevent an increase in the "workload" of surviving nephrons of diseased kidneys in order to prevent further loss of renal function. This concept was supported by the early finding in rats that renal mass increases with long-term feeding of protein (MacKay 1928). This interesting idea lead to widespread advocation of protein restricted diets for children with chronic renal failure. Notwithstanding theoretical ideas and evidence from animal studies there are no prospective randomized controlled studies in children

Comparing Strategies for Estimating Constituency Opinion from National Survey Samples

Political scientists interested in estimating how public opinion varies by constituency have developed several strategies for supplementing limited constituency survey data with additional sources of information. We present two evaluation studies in the previously unexamined context of British constituency-level opinion: an external validation study of party vote share in the 2010 general election and a cross-validation of opinion toward the European Union. We find that most of the gains over direct estimation come from the inclusion of constituency-level predictors, which are also the easiest source of additional information to incorporate. Individual-level predictors combined with post-stratification particularly improve estimates from unrepresentative samples, and geographic local smoothing can compensate for weak constituency-level predictors. We argue that these findings are likely to be representative of applications of these methods where the number of constituencies is large