Jurisdictions and Causes of Action in Bullying, Stress and Harassment Cases Part 1

This is the first of a two part article in which the author will critically evaluate the different causes of action and myriad of jurisdictions for bringing a claim in the inter-related fields of bullying, stress and harassment in the workplace from a commercial law perspective. The author will define and trace the separate headings under which the law governing bullying, stress and harassment has evolved. In the second part of the article (which willappear in the next edition of the journal), the author will examine recent developments in tortious claims for psychiatric injuries arising from bullying, stress and harassment cases, and raise the question whether it would be more appropriate to streamline and codify this area of law in order to provide greater clarity to potential litigants and employers

MOVING TOWARDS COMPUTER ADAPTIVE TESTING: THE EFFECT OF EXPERIENCE WITH TECHNOLOGY ON ELEMENTARY STUDENTS’ SCORES AND ATTITUDES

In this quantitative study, students’ growth over the course of the school year on the i-Ready test were analyzed. Using an ex post facto design, the i-Ready growth scores of students with experience of the testing format (n=45) were compared to the growth scores of the students with no experience of the testing format (n=179). A descriptive analysis was performed to analyze the students’ feelings and perceptions about adaptive Computer-Based testing conducted within their schools. Fourth and fifth grade students (n=27) answered an open-ended survey, which were used to see how elementary school students feel about the shift from Paper-Based to Computer-Based testing. Results indicate that there were no significant differences in scores between students with experience and students without experience, nor were there differences between the achievement of students based on gender or instructional groups. The surveys indicate that students enjoy using computer-based testing, but experienced trouble with navigating through the tests, efficiently using tools, and implementing other self-regulatory behaviors that they often use when working on paper-based tests. This study indicates that more instructional time needs to be spent using computers, in order to teach students self-regulatory strategies that can help students to become more comfortable and adept with computer-based tests. With more explicit instruction, student growth on various assessments may increase

Jurisdictions and Causes of Action: Commercial Considerations in Dealing with Bullying, Stress and Harassment Cases-Part II

In the concluding part of this two part article, the author willexamine how the courts have developed rules for dealing withtortious claims for psychiatric injuries arising out of bullying, stressand harassment cases. The article will examine whether it isdesirable to consolidate and codify employment rights law in orderto provide clarity to prospective litigants. Finally, the author willargue that if codification is required, then this will necessitate achange in the nature of present jurisdictions for bringing claimsinvolving bullying, stress and harassment in the workplace

Air Passenger Rights:a New Departure in European Aviation Law

The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impactit will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement bodies will attempt to implement the provisions of the Regulation and the likely difficulties that may be encountered where “extraordinary circumstances” arise

Falling status epilepticus mortality rates in England and Wales: 2001-2013?

Status epilepticus (SE) is associated with significant mortality and accounts for ~10% of epilepsy-related deaths. Epilepsy and SE mortality data from 2001 to 2013, in addition to annual age group populations for England and Wales, were obtained from the Office of National Statistics website (www.ons.gov.uk). Age-adjusted mortality rates for epilepsy and SE with 95% confidence intervals (CIs) were calculated using the European Standard Population. Trends in mortality rates for both epilepsy and SE were investigated using the Spearman coefficient. The crude mean epilepsy mortality rate per 100,000 person-years between 2001 and 2013 was 1.87 (95% CI 1.83-1.91), with a corresponding SE mortality rate of 0.14 (95% CI 0.13-0.15). The mean age-adjusted epilepsy mortality rate per 100,000 person years was 3.24 (95% CI 3.12-3.35), with a corresponding SE mortality rate of 0.24 (95% CI 0.21-0.27). All epilepsy deaths significantly decreased from 2001 to 2013 (Spearman's ρ -0.733, p = 0.004); this decrease was predominantly due to a decrease in SE deaths (Spearman's ρ -0.917, p < 0.001). In summary, our finding supports the hypothesis that the policy of early and aggressive treatment of SE may be improving the prognosis of this condition in England and Wales

Advances in the management of generalized convulsive status epilepticus: what have we learned?

Convulsive status epilepticus is the most serious manifestation of an epileptic diathesis. In the early stages (5-30 min), there exists class A evidence to support the efficacy of benzodiazepines as first-line treatment. As status epilepticus progresses into the later stages, the evidence for treatment becomes less robust until we are depending upon short case series and case reports for the treatment of refractory status epilepticus. However, the past year saw the publication of three randomized controlled trials in the setting of benzodiazepine-resistant established convulsive status epilepticus: the EcLiPSE and ConSEPT studies, compared levetiracetam to phenytoin in children; and the ESETT study compared fosphenytoin, levetiracetam and sodium valproate in adults and children. In addition, the emergence of data from the SENSE study, a multicentre multinational prospective cohort study and the publication of a systematic review and meta-analysis of the mortality of status epilepticus over the past 30 years, has brought the treatment of status epilepticus into sharp focus. In this update we provide a detailed analysis of these studies and their impact on clinical practice. We review contentious areas of management in status epilepticus where a consensus is lacking and advance the case for more research on existing and alternative treatment strategies

The association between alcohol consumption and sleep disorders among older people in the general population

The relationship between alcohol consumption and sleep disturbance is complex. The association of alcohol dependence with insomnia is likely to be bidirectional in nature. Alcohol use is common among older people in many societies and the prevalence of insomnia tends to increase with age, therefore this group warrants particular consideration. We explored the cross sectional and long term (30 years) associations between alcohol drinking (volume and hazardous drinking) and sleep duration and insomnia in a general population study of older adults (6,117 male and female civil servants followed for 30 years). For men, drinking more than 21 units (approximately 168 grams) of alcohol per week, compared with not drinking, was associated with waking several times a night (odds ratio 1.30, confidence intervals 1.02-1.66). Men who maintained a heavy volume of drinking over the three decades of observation, or who had an unstable consumption pattern, tended to have worse sleep profiles in terms of waking tired and waking several times. Sustained male hazardous drinking (as measured by the AUDIT-C scale) was also associated with worse sleep profiles. Findings for women were not so clear. In this population based setting, drinking high volumes of alcohol may contribute to the prevalence of sleep problems in older age, particularly for men. People in this age group should be discouraged from using alcohol as a sleep aid

Bone protection and anti-epileptic drugs: The effect of audit and computer messaging on supplementation prescribing practices

AbstractObjectiveThis audit assessed the impact of individualised written recommendations and a computer message, on repeat prescriptions for calcium and vitamin D supplements, for patients on long term AEDs.Methods1041 adult patients with epilepsy were retrospectively followed from 2004, from the time of the introduction of the Quality and Outcomes Framework (QOF) and the publication of the National Institute of Clinical Evidence (NICE) guidelines for epilepsy, up until 2011. In 2009 a clinical notes review of 414 of the above patients, in Ellesmere Port and Neston (13 practices) was performed, suggesting supplementation, where appropriate, in a written report. A computer message was added to relevant prescriptions also recommending supplements, in the above practices plus all 26 practices in Chester and the surrounding area. The number of patients receiving repeat prescription for supplements in each area between 2004 and 2011 was analysed.ResultsThere was a significant increase in the repeat prescriptions of supplements in 2010/11 after the interventions, the increase being most marked in Ellesmere Port and Neston where both written recommendations and computer message had occurred compared with the two areas with the computer message only.ConclusionQuality audit with written recommendations, and a message added to the General Practice (GP) computer systems significantly increased the number of repeat prescriptions of calcium and vitamin D supplements in this group of patients.Practice ImplicationsWhere clear guidelines are established, this study demonstrates that continuing education and counselling of GPs and use of computer messaging would result in improved compliance with such guidelines

The long-term prognosis of epilepsy

The five studies presented in this thesis consider different aspects of the long-term prognosis of epilepsy and febrile seizures. The studies were: 1). A systemic review to examine a) how the risk of premature mortality in an individual with epilepsy changes over time and b) whether population mortality rates due to epilepsy have changed over time. (Study 1) 2). An extension of the National General Practice Study of Epilepsy (NGPSE), a prospective community-based incident cohort study to examine a) long-term seizure prognosis and mortality in people with epilepsy and b) seizure prognosis in children with febrile seizures (Study 2) 3). Two retrospective hospital-based cohort studies examining prognosis of chronic epilepsy with regard to a) frequency of different seizure patterns (Study 3) and mediumterm seizure outcome following anti-epileptic drug changes (Study 4). 4). A systematic review examining the impact of aetiology and others factors on outcome in status epilepticus (Study 5). Amongst the findings were: 1): There is no conclusive evidence that either the overall standardised mortality ratio (SMR) or the mortality rate of people with epilepsy has changed significantly over time. The SMR is highest soon after diagnosis and subsequently decreases with a possible late increase after 10 years. In the NGPSE cohort the SMR remains significantly elevated after 20 years despite over 80% currently being in terminal remission. 2): 6.7% (95% CI 4, 11%) of children with febrile seizures developed epilepsy after 20 years. 3): Approximately one-third of people with chronic epilepsy have a history of at least one significant period of seizure freedom (two or more years) while a comparable number with apparent drug-resistant epilepsy attain at least one year of seizure freedom after medication change, although approximately half subsequently relapse. 4). Aetiology and, to a lesser extent, age are the primary determinants of prognosis in status epilepticus