Reforming Punishment of Financial Reporting Fraud

Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale, and a reasoned calibration of that scale. Current federal law, which controls most such cases and is a focal point for non-federal cases and public debate, is close to sensible on the first score but far off the mark on the other two. In this contribution to a symposium on Fraud and Federalism, I describe problems in present law and offer relatively uncontroversial reform measures that could substantially improve the law governing sentencing of financial reporting fraud

Clinical observation of deteriorating frail older patients: Improving the competence of homecare professionals

Introduction: Homecare services are providing care to an increasing number of frail older patients with complex care needs. These patients are in a vulnerable state and have an increased risk of deterioration, and the early detection of changes in their clinical condition is highlighted as a means of preventing adverse health outcomes. Clinical observation is an essential prerequisite in identifying deteriorating patients. In homecare, clinical observation is currently insufficient, and little is known about homecare professionals’ detection of deteriorating patients. Therefore, the overall aim of this PhD project is to gain knowledge of clinical observation in homecare and to understand how a competence improvement programme can change homecare professionals’ clinical observation. Consequently, theories on competence and improvement in healthcare have been applied in the thesis. Methodology: This thesis adopted a multi-method qualitative, sequential design consisting of three phases: (1) before the implementation of a competence improvement programme (study 1), (2) during the implementation of the programme (study 2), and (3) after the implementation of the competence improvement programme (study 3), focusing on two homecare districts (homecare A, homecare B) in Norway. The programme was designed to improve homecare professionals’ competence and skills in recognising and responding to deteriorating frail older patients. The first study developed knowledge of homecare professionals’ observational competence in the early recognition of deterioration in frail older patients. Homecare professionals, including nurses, skilled health workers, and assistants were observed during their home visits to patients and interviewed in focus groups. The second study described and analysed the implementation of a competence improvement programme for the systematic observation of frail older patients. Participant observation was used during the implementation activities, and focus group and individual interviews were conducted to describe the experiences of the homecare professionals, managers, and development nurses with the implementation of the competence improvement programme. The third study described the outcomes of the competence improvement programme for the systematic observation of frail older patients. Homecare professionals were observed during their home visits to patients and interviewed in focus groups, while managers and development nurses were interviewed individually. Results: The studies included in this thesis contribute to longitudinal research on a competence improvement programme for the systematic observation of frail older patients in homecare and demonstrate that clinical observation is multifaceted and the improvement of this competence is challenging. In study 1, the homecare professionals’ observational competence before the competence improvement programme was characterised by a focus on patient-situated assessment of changed clinical conditions and how the organisational environment impacted the homecare professionals’ performance of clinical observation. Patients’ physical and mental conditions formed a vital basis for detecting clinical deterioration. Communicating with the patient was highlighted, together with precise nursing documentation. Basic understanding and use of vital sign measurements as part of clinical observation were insufficient in the two homecare districts. Pre-planned workplans organised the homecare professionals’ practice, but actions to follow up on patients’ changed conditions were not reflected in these plans. Collaboration with colleagues was seen as supportive of homecare professionals’ observational competence. In study 2, the homecare professionals perceived the competence improvement programme as important, as the programme would improve their observational competence and confidence in situations with deteriorating patients. However, the competence improvement programme consisted of several learning resources with complex content and was applied differently in the two homecare districts. The homecare professionals described the implementation process of the competence improvement programme as demanding and time-consuming. The homecare professionals were unfamiliar with simulation-based learning and found it more challenging than they had expected. Study 3 reported that two years after the implementation of the competence improvement programme, the frequency of vital signs measurements for the systematic observation of frail older patients varied between the two homecare districts. Although measurements of vital signs had increased for new patients and in the case of patient falls, situation awareness related to the clinical deterioration of patients remained insufficient. However, the homecare professionals reported improved coping with deteriorating patient situations. Regular programme activities integrated into the homecare professionals’ daily work routines sustained the competence improvement programme. Organisational issues affecting the sustainability of the competence improvement programme varied between the two homecare districts. Organisational needs were prioritised by homecare A, but sick leave, personnel turnover, busy work plans, and a change in managers in homecare B affected the maintenance of the programme. Conclusions: This thesis provides knowledge and understanding of homecare professionals’ clinical observation and how a competence improvement programme can change such observational competence. Clinical observation had a low priority before the competence improvement programme, and vital signs were rarely used to detect early deterioration in patients. The competence improvement programme changed clinical observation in defined situations; nevertheless, homecare professionals’ situation awareness of patients’ deterioration was insufficient. The PhD project demonstrates that the implementation of a competence improvement programme is influenced by factors regarding the programme itself, the professionals, the organisation and the external context

3D-seismic interpretation of the glacial deposits in the outer Ingøydjupet area, SW Barents Sea. Ice sheet dynamics reconstructed from glacial landforms

The late Quaternary evolution of the outer Ingøydjupet area (SW Barents Sea) is studied using a merge of conventional 3D-seismic cubes and a new generation of high-resolution 3D-seismic (TopSeis). The glacigenic sequence is subdivided into five main seismic units: unit A1 (oldest) to A5. These are separated by six glacially eroded boundaries: the Upper Regional Unconformity (URU), intra-glacial horizons (Q1-Q4) and the seafloor. A correlation to established seismic stratigraphies suggests that the units A1-A3 were deposited during middle Pleistocene and A4-A5 during late Pleistocene. The internal seismic signature of the units is described and the geomorphologies of the main surfaces are mapped. This forms the basis for a reconstruction of the ice-sheet dynamics and depositional environment during the late Quaternary evolution of the outer Ingøydjupet area. Mega-scale glacial lineations and troughs observed on the paleo-surfaces confirm that fast-flowing ice streams have occupied and eroded the outer Ingøydjupet area at least five times since the formation of the URU. The orientation of the lineations suggests that both the Ingøydjupet- and the Bjørnøyrenna Ice Streams have been active in the area during these glaciations. Buried sediment blocks, which are interpreted to have been entrained, transported and re-deposited by the paleo-ice streams indicate that the ice streams underwent phases of basal freezing. The recessional features on the URU and the seafloor suggest complex and dynamic retreats of the ice sheet following glacial maxima, where repeated halts and re-advances characterized the deglaciation. The intra-glacial horizons on the other hand show evidence of rather rapid ice sheet retreats, where mega-scale glacial lineations are preserved on the paleo-surfaces

The death or revival of translation in the English subject in Norwegian upper secondary school

Norsk sammendrag I dette prosjektet har jeg utforsket om oversettelse blir brukt og hvordan og hvorfor oversettelse blir brukt i engelskfaget i norsk videregående skole. For å belyse dette temaet, så har jeg har utført tre intervjuer, samlet inn tjuefire svar på spørreskjemaet mitt og analysert nitten lærebøker. Undersøkelsen av lærebøkene viser at oversettelsesoppgaver blir brukt både i yrkessfag og i studiespesialiserende studieretning. I tillegg så kan en finne oversettelsesoppgaver i lærebøkene fra 1985 frem til 2021. Ulike meninger ble innhentet gjennom spørreskjemaet, hvor respondentene både uttrykte at de brukte oversettelse i engelskundervisningen, mens andre valgte å se vekk fra oversettelse. Mine funn viser at blant respondentene som svarte at de brukte oversettelse så var det flest som brukte oversettelse til å sammenligne engelsk og et annet språk. Intervjuobjektene var mer skeptisk til bruk av oversettelse. De tre intervjuobjektene hadde alle kjennskap til oversettelse og de har brukt oversettelse i enkelte sammenhenger, men oversettelse ble ikke sett på som en hovedstrategi i undervisningen av språk og kommunikasjon. Konklusjonen er at oversettelse blir brukt i kombinasjon med andre undervisningsmetoder, og er en av flere undervisningsmetoder som lærere bruker i engelskundervisningen av kommunikasjon og språklæring. På den annen side, så har jeg også konkludert med at dette ikke er entydig siden mange lærere ikke bruker oversettelse på grunn av ulike årsaker og få ser på oversettelse som ett av de viktigste didaktiske verktøyene i engelskklasserommet.Engelsk sammendrag (abstract) In this project, I have explored if translation is used and if so, how and why translation is used in English classes in Norwegian upper secondary school. This has been done by conducting three interviews, collecting twenty-four questionnaire responses, and investigating nineteen textbooks. The investigation of the textbooks shows that translation tasks are used, both for vocational studies and general studies, and that translation-linked tasks are found in textbooks across the timescale from 1985 to 2021. Among the questionnaire respondents, there were diverging responses in terms of who used translation or not for English language and communication teaching. Among the respondents that used translation in English lessons, several respondents said they used translation to explore similarities and differences between another language and English. The interviewees were skeptical about using translation in the English subject classroom. The three interviewees expressed that they all had knowledge about translation and that they had used translation for some projects and in some situations in the classroom. However, none of the interviewees viewed translation to be an integral part of their English language teaching. I conclude that translation is used in combination with other teaching methods and as one of several methods in English language and communication teaching. However, I have also noted the trend that many teachers claim they do not use translation and that few look to translation as one of their main pillars in English language and communication teaching

Establishment, survival and dispersal limitations of pioneer plants in a Norwegian glacier foreland as revealed by seed sowing, transplantation and seed bank experiments

Glaciers are melting and retreating on a global scale due to climate change. Rapid glacier retreat leave behind large areas of barren ground, in which primary succession and plant establishments can start. However, a typical feature in glaciers forelands is that vascular plants are lacking in a distinct area close to the front of melting glaciers. To explain the absence of plants in this unpopulated area, I have conducted seed sowing, transplantation, and soil seed bank experiments to explore the establishment and survival success in eight pioneer species (i.e. Saxifraga stellaris, Poa alpina, Poa arctica, Oxyria digyna, Arabis alpina, Cerastium cerastoides, Arabis petraea and Beckwithia glacialis) along a chronosequence in the glacier foreland of Hellstugubreen in Jotunheimen, central Norway. Interestingly, my results from the field experiments showed that the study species generally had significantly higher germination success, survival, vitality and better performance in the unpopulated area nearest to the glacier as compared to in the positions furthest away from the glacier. Moreover, the soil seed bank experiment revealed that there was no seed bank in the unpopulated area closest to the glacier front. From these results, I draw the main conclusion that dispersal limitation, and not germination- and survival limitations, explained the absence of plants in the unpopulated area in front of the Hellstugubreen glacier. In addition, to understand what environmental factors that limits the growth of the important pioneer species, i.e. A. alpina, I conducted a growth experiment under four controlled combinations of temperature and light conditions. Here, my results showed that A. alpina grew better under cold and high light conditions, and that the proportion of fertile individuals were significantly reduced with increased temperatures.Isbrear smeltar og trekkjer seg tilbake globalt grunna klima endringar. Når isbrear trekkjer seg raskt tilbake blir det lagt att eit stort område av naken grunn der primærsuksesjon og plantekolonisering kan byrja. Men eit typisk karakteristikk på isbre-forland er mangelen på vaskulære planter i eit klart område framom isbrefronten på ein smeltande isbre. For å forklare manglelen på planter i detta område utan busetnad, gjorde eg eit såfrø-, transplanterings- og jord frøbank eksperiment for å utforske etablering og overlevingssuksess hjå åtte pioner artar (som Saxifraga stellaris, Poa alpina, Poa arctica, Oxyria digyna, Arabis alpina, Cerastium cerastoides, Arabis petraea and Beckwithia glacialis) langs ein tidsserie i isbreforlandet av Hellstugubreen i Jotunheimen, i sentral Noreg. Mine resultat frå felteksperimenta viste interessant at studieartane hadde generelt signifikant høgare spiringssuksess, overleving, vitalitet og betre yting i det området utan busetnad nærmast isbreen, samanlikna med i posisjonen lengst unna isbreen. I tillegg, viste jord frøbank eksperimentet at det var inga frøbank i det området utan busetnad nærmast isbreen. Frå dessa resultata, trakk eg hovudkonklusjonen at det var spreiingsavgrensing, og ikkje spirings- og overlevingsavgrensing, som forklara mangelen på planter i det området utan busetnad ved fronten av Hellstugubreen isbre. I tillegg, for å forstå kva miljøfaktorar som avgrensar vekst hjå den viktige pionerarten A. alpina, gjorde eg eit veksteksperiment under fire kontrollerte kombinasjonar av temperatur og ljos forhold. Her viste resultata at A. alpina veks betre under kaldt og høgt ljos forhold, og at andelen fertile individ vart signifikant redusera med høgare temperatur.M-ECO

Pass/Fail Grading and Educational Practices in Computer Science

Binary (pass/fail) grading have been shown to have benefits with respect to mental health and collaboration, and is argued to promote a deep approach to learning. However, diverging results with respect to academic achievement suggests that the full benefits of binary grading are contingent on underlying factors, such as how the teaching and learning activities in the course are designed. We here present experiences and student feedback for an intermediate level course in computer science that is graded using pass/fail, and which is highly successful both in terms of of student enjoyment and academic achievement. Survey results also indicate that students apply a deeper learning approach towards the course than average. Drawing on examples and findings from this course, we argue that the following three practices makes a binary graded course in computer science successful: a) a sufficiently high bar for passing, b) clear course requirements, and c) the use of formative assessment