Inventing Tests, Destabilizing Systems

The U.S. Supreme Court revolutionized the law on pleading by its suggestive Bell Atlantic Corp. v. Twombly and definitive Ashcroft v. Iqbal. But these decisions did more than redefine the pleading rules: by inventing a foggy test for the threshold stage of every lawsuit, they have destabilized the entire system of civil litigation. This destabilization should rekindle a wide conversation about fundamental choices made in designing our legal system. Those choices are debatable. Thus, the bone this Article picks with the Court is not that it took the wrong path for pleading, but that it blazed a new and unclear path alone and without adequate warning or thought. This Article argues that wherever you stand on pleading—whether you think the federal litigation system is wildly overburdened with frivolous suits, or whether you think the role of pleading should be further purified to eliminate its screening function entirely—you should find these recent decisions lamentable. The Article describes the Court’s choice to shift from minimal notice pleading to a robust gatekeeping regime, and next gives some reasons for thinking the Court’s course on this important matter may promise the worst of both worlds. Then, after some thoughts on the Court’s possible motivation, it briefly offers some ways out of the bog

Inventing Tests, Destabilizing Systems

The U.S. Supreme Court revolutionized the law on pleading by its suggestive Bell Atlantic Corp. v. Twombly and definitive Ashcroft v. Iqbal. But these decisions did more than redefine the pleading rules: by inventing a foggy test for the threshold stage of every lawsuit, they have destabilized the entire system of civil litigation. This destabilization should rekindle a wide conversation about fundamental choices made in designing our legal system. Those choices are debatable. Thus, the bone this Article picks with the Court is not that it took the wrong path for pleading, but that it blazed a new and unclear path alone and without adequate warning or thought. This Article argues that wherever you stand on pleading—whether you think the federal litigation system is wildly overburdened with frivolous suits, or whether you think the role of pleading should be further purified to eliminate its screening function entirely—you should find these recent decisions lamentable. The Article describes the Court’s choice to shift from minimal notice pleading to a robust gatekeeping regime, and next gives some reasons for thinking the Court’s course on this important matter may promise the worst of both worlds. Then, after some thoughts on the Court’s possible motivation, it briefly offers some ways out of the bog

Supervised detection of bomb craters in historical aerial images using convolutional neural networks

The aftermath of the air strikes during World War II is still present today. Numerous bombs dropped by planes did not explode, still exist in the ground and pose a considerable explosion hazard. Tracking down these duds can be tackled by detecting bomb craters. The existence of a dud can be inferred from the existence of a crater. This work proposes a method for the automatic detection of bomb craters in aerial wartime images. First of all, crater candidates are extracted from an image using a blob detector. Based on given crater references, for every candidate it is checked whether it, in fact, represents a crater or not. Candidates from various aerial images are used to train, validate and test Convolutional Neural Networks (CNNs) in the context of a two-class classification problem. A loss function (controlling what the CNNs are learning) is adapted to the given task. The trained CNNs are then used for the classification of crater candidates. Our work focuses on the classification of crater candidates and we investigate if combining data from related domains is beneficial for the classification. We achieve a F1-score of up to 65.4% when classifying crater candidates with a realistic class distribution. © Authors 2019. CC BY 4.0 License

Predicting late anemia in critical illness

INTRODUCTION: Identifying critically ill patients most likely to benefit from pre-emptive therapies will become increasingly important if therapies are to be used safely and cost-effectively. We sought to determine whether a predictive model could be constructed that would serve as a useful decision support tool for the pre-emptive management of intensive care unit (ICU)-related anemia. METHODS: Our cohort consisted of all ICU patients (n = 5,170) admitted to a large tertiary-care academic medical center during the period from 1 July 2000 to 30 June 2001. We divided the cohort into development (n = 3,619) and validation (n = 1,551) sets. Using a set of demographic and physiologic variables available within six hours of ICU admission, we developed models to predict patients who either received late transfusion or developed late anemia. We then constructed a point system to quantify, within six hours of ICU admission, the likelihood of developing late anemia. RESULTS: Models showed good discrimination with receiver operating characteristic curve areas ranging from 0.72 to 0.77, although predicting late transfusion was consistently less accurate than predicting late anemia. A five-item point system predicted likelihood of late anemia as well as existing clinical trial inclusion criteria but resulted in pre-emptive intervention more than two days earlier. CONCLUSION: A rule-based decision support tool using information available within six hours of ICU admission may lead to earlier and more appropriate use of blood-sparing strategies

Learning and interaction in groups with computers: when do ability and gender matter?

In the research reported in this paper, we attempt to identify the background and process factors influencing the effectiveness of groupwork with computers in terms of mathematics learning. The research used a multi-site case study design in six schools and involved eight groups of six mixed-sex, mixed-ability pupils (aged 9-12) undertaking three research tasks – two using Logo and one a database. Our findings suggest that, contrary to other recent research, the pupil characteristics of gender and ability have no direct influence on progress in group tasks with computers. However, status effects – pupils' perceptions of gender and ability – do have an effect on the functioning of the group, which in turn can impede progress for all pupils concerned

Evaluating anesthetic protocols for functional blood flow imaging in the rat eye

The purpose of this study is to evaluate the suitability of five different anesthetic protocols (isoflurane, isoflurane–xylazine, pentobarbital, ketamine–xylazine, and ketamine–xylazine–vecuronium) for functional blood flow imaging in the rat eye. Total retinal blood flow was measured at a series of time points using an ultrahigh-speed Doppler OCT system. Additionally, each anesthetic protocol was qualitatively evaluated according to the following criteria: (1) time-stability of blood flow, (2) overall rate of blood flow, (3) ocular immobilization, and (4) simplicity. We observed that different anesthetic protocols produced markedly different blood flows. Different anesthetic protocols also varied with respect to the four evaluated criteria. These findings suggest that the choice of anesthetic protocol should be carefully considered when designing and interpreting functional blood flow studies in the rat eye.United States. National Institutes of Health (R01-EY011289-29)United States. National Institutes of Health (R44-EY022864)United States. National Institutes of Health (R01-CA075289-16)United States. Air Force Office of Scientific Research (FA9550-15-1-0473)United States. Air Force Office of Scientific Research (FA9550-12-1-0499

RIFLE criteria for acute kidney injury are associated with hospital mortality in critically ill patients: a cohort analysis

INTRODUCTION: The lack of a standard definition for acute kidney injury has resulted in a large variation in the reported incidence and associated mortality. RIFLE, a newly developed international consensus classification for acute kidney injury, defines three grades of severity – risk (class R), injury (class I) and failure (class F) – but has not yet been evaluated in a clinical series. METHODS: We performed a retrospective cohort study, in seven intensive care units in a single tertiary care academic center, on 5,383 patients admitted during a one year period (1 July 2000–30 June 2001). RESULTS: Acute kidney injury occurred in 67% of intensive care unit admissions, with maximum RIFLE class R, class I and class F in 12%, 27% and 28%, respectively. Of the 1,510 patients (28%) that reached a level of risk, 840 (56%) progressed. Patients with maximum RIFLE class R, class I and class F had hospital mortality rates of 8.8%, 11.4% and 26.3%, respectively, compared with 5.5% for patients without acute kidney injury. Additionally, acute kidney injury (hazard ratio, 1.7; 95% confidence interval, 1.28–2.13; P < 0.001) and maximum RIFLE class I (hazard ratio, 1.4; 95% confidence interval, 1.02–1.88; P = 0.037) and class F (hazard ratio, 2.7; 95% confidence interval, 2.03–3.55; P < 0.001) were associated with hospital mortality after adjusting for multiple covariates. CONCLUSION: In this general intensive care unit population, acute kidney 'risk, injury, failure', as defined by the newly developed RIFLE classification, is associated with increased hospital mortality and resource use. Patients with RIFLE class R are indeed at high risk of progression to class I or class F. Patients with RIFLE class I or class F incur a significantly increased length of stay and an increased risk of inhospital mortality compared with those who do not progress past class R or those who never develop acute kidney injury, even after adjusting for baseline severity of illness, case mix, race, gender and age

Efficacy of workplace interventions for shoulder pain: A systematic review and meta-analysis

© 2017 Foundation of Rehabilitation Information. Objective: To perform a systematic review and meta- analysis of randomized controlled trials on the efficacy of workplace-based interventions to prevent or treat shoulder pain. Data sources: A systematic review of 4 databases was performed up to January 2016. Study selection: Randomized controlled trials were included if the intervention under study was a workplace- based intervention performed to prevent or reduce shoulder pain and disability in workers. Data extraction: The methodological quality of the studies was evaluated and meta-analyses were conducted. Pooled mean differences and risk ratios were calculated. Data synthesis: Data from 4 studies on strengthening exercises performed in the workplace for workers with shoulder pain (n = 368) were pooled. A statistically significant reduction in pain intensity was observed compared with different control interventions (mean differences (scale out of 10) 1.31 (95% confidence interval (95% CI) 0.86-1.76)). Pooled data from 5 studies on the efficacy of workstation modifications (n = 2,148) showed a statistically significant reduction in the prevalence of shoulder pain with a risk ratio of 1.88 (95% CI 1.20-2.96) compared with different control interventions. Conclusion: Low-grade evidence exists that a workplace exercise programme may reduce the intensity of shoulder pain, and that workstation modifications may reduce the prevalence of shoulder pain