scholarly journals Can there be a burden of the best explanation?

2018 ◽  
Vol 22 (2) ◽  
pp. 91-123 ◽  
Author(s):  
Gustavo Ribeiro
Keyword(s):  
Evidence Law ◽  
Civil Cases ◽  
Fact Finding ◽  
The Many ◽  
Legal Fact ◽  
Burden Of Persuasion

In this article I address a foundational question in evidence law: how should judges and jurors reason with evidence? According to a widely accepted approach, legal fact-finding should involve a determination of whether each cause of action is proven to a specific probability. In most civil cases, the party carrying the burden of persuasion is said to need to persuade triers that the facts she needs to prevail are “more likely than not” true. The problem is that this approach is both a descriptively and normatively inadequate account of reasoning with evidence in law. It does not offer a plausible picture of how people in general, and legal fact-finders in particular, reason with evidence. And it turns out that if we try to do what the approach tells us, we end up with absurd results. Faced with these difficulties, a group of evidence scholars has proposed an alternative. According to them, legal fact-finding should involve a determination of which hypothesis best explains the admitted evidence, rather than whether each cause of action is proven to a specific probability. My main contributions in this article are twofold. First, I elaborate on the many descriptive, normative and explanatory considerations in support of an explanation-based approach to standards. Second, I offer novel replies to pressing objections against that same approach.

The many faces of STEM in materials science

1991 ◽  
Vol 49 ◽  
pp. 440-441
Author(s):  
John Silcox
Keyword(s):  
Materials Science ◽  
Auger Spectroscopy ◽  
Dark Field ◽  
High Tc Superconductors ◽  
High Tc ◽  
Acoustic Environment ◽  
Electromagnetic Vibration ◽  
The Many ◽  
Serial Mode

Determination of the microstructure and microchemistry of small features often provides the insight needed for the understanding of processes in real materials. In many cases, it is not adequate to use microscopy alone. Microdiffraction and microspectroscopic information such as EELS, X-ray microprobe analysis and Auger spectroscopy can all contribute vital parts of the picture. For a number of reasons, dedicated STEM offers considerable promise as a quantitative instrument. In this paper, we review progress towards effective quantitative use of STEM with illustrations drawn from studies of high Tc superconductors, compound semiconductors and metallization of H-terminated silicon.Intrinsically, STEM is a quantitative instrument. Images are acquired directly by detectors in serial mode which is particularly convenient for digital image acquisition, control and display. The VG HB501A at Cornell has been installed in a particularly stable electromagnetic, vibration and acoustic environment. Care has been paid to achieving UHV conditions (i.e., 10-10 Torr). Finally, it has been interfaced with a VAX 3200 work station by Kirkland. This permits, for example, the acquisition of bright field (or energy loss) images and dark field images simultaneously as quantitative arrays in perfect registration.

Enhanced information from biological materials through technological improvements in cryo-electron microscopy

1992 ◽  
Vol 50 (1) ◽  
pp. 788-789
Author(s):  
Marc J.C. de Jong ◽  
Wim M. Busing ◽  
Max T. Otten
Keyword(s):  
Electron Microscopy ◽  
Electron Beam ◽  
Biological Materials ◽  
Electron Crystallography ◽  
Cryo Electron Microscopy ◽  
Transmission Electron ◽  
The Many ◽  
Technological Improvements ◽  
Beam Damage

Biological materials damage rapidly in the electron beam, limiting the amount of information that can be obtained in the transmission electron microscope. The discovery that observation at cryo temperatures strongly reduces beam damage (in addition to making it unnecessaiy to use chemical fixatives, dehydration agents and stains, which introduce artefacts) has given an important step forward to preserving the ‘live’ situation and makes it possible to study the relation between function, chemical composition and morphology.Among the many cryo-applications, the most challenging is perhaps the determination of the atomic structure. Henderson and co-workers were able to determine the structure of the purple membrane by electron crystallography, providing an understanding of the membrane's working as a proton pump. As far as understood at present, the main stumbling block in achieving high resolution appears to be a random movement of atoms or molecules in the specimen within a fraction of a second after exposure to the electron beam, which destroys the highest-resolution detail sought.

The Collaborative Medical and Behavioral Management of Chronic Cough

2009 ◽  
Vol 19 (2) ◽  
pp. 49-57
Author(s):  
Brian E. Petty ◽  
Seth H. Dailey
Keyword(s):  
Medical Care ◽  
Chronic Cough ◽  
Therapeutic Management ◽  
Ambulatory Setting ◽  
Behavioral Management ◽  
Speech Language Pathologists ◽  
Speech Language Pathologist ◽  
The Many ◽  
Frequent Reason

Abstract Chronic cough is the most frequent reason cited by patients for seeking medical care in an ambulatory setting and may account for 10% to 38% of a pulmonologist's practice. Because chronic cough can be caused by or correlated with a wide array of disorders and behaviors, the diagnosis of etiologic factors and determination of appropriate therapeutic management in these cases can prove to be daunting for the physician and speech-language pathologist alike. This article will describe the phenomenon of chronic cough, discuss the many etiologic factors to consider, and review some of the more common ways in which speech-language pathologists and physicians collaborate to treat this challenging condition.

The departure of the Greeks from Egypt, 1961: the perspective of Greek diplomacy

2020 ◽  
pp. 1-18
Author(s):  
Evanthis Hatzivassiliou
Keyword(s):  
Near East ◽  
Political Leaders ◽  
The Mediterranean ◽  
Younger Generation ◽  
Post War ◽  
The Many ◽  
Economic Failure

The departure of the greater part of the Greek community from Egypt is one of the many sad stories of the post-war Mediterranean. This article focuses upon the reports of the Greek Consul-General in Alexandria, Byron Theodoropoulos, regarding the Egyptian ‘Socialist Laws’ of summer 1961, which gave the coup de grâce to the Greek community. It argues that the expulsion of the Greeks was part of a wider redistribution of power in the region. This episode, together with similar experiences in other parts of the Mediterranean, evidently cemented the determination of a younger generation of political leaders and diplomats to seek Greece's future in the cosmopolitan, post-nationalist West, rather than in a ‘Near East’ rife with nationalism and economic failure.

DIRECTIONS OF IMPROVEMENT OF LEGAL REGULATION OF SURROGATE MOTHERHOOD IN UKRAINE

2018 ◽  
Author(s):  
Inesa Shumilo ◽  
◽  
Mirra Blyzniuk ◽  
Keyword(s):  
Legal Regulation ◽  
Birth Certificates ◽  
Surrogate Motherhood ◽  
New Born ◽  
Domestic Relations ◽  
National Courts ◽  
Born Child ◽  
Legal Fact

The article is devoted complex research of problem of defence of rights for children, bear as a result of application of auxiliary genesial technology – substitute maternity. In research the basic conceptual going is described near determination of origin of bear by a substitute a mother child, the problem of absence of the legislative adjusting of legal status of embryo of man is set, conceived in-vitro and the ways of its decision are offered. Attention is accented on the ambiguousness of the legal adjusting of the phenomenon of substitute maternity in the world. In research the possible risks of unhonesty of medical establishments which give services in auxiliary genesial technologies, and consequences of errors of doctors-reproduktologists, are analysed as subsequent limitation of rights for a child by a foreign country on the example of case of «Paradizo and Kampanelli v. Italy». Pointlessness of the legislative fixing of term, during which a substitute mother must give a consent to registration of persons the parents of child, is set, taking into account possible manipulations from the side of substitute mother and potential loss by the new-born child of parents in the case of death of substitute mother to signing of the proper consent. In research the role of the Ukrainian national courts is analysed in establishment of legal fact of domestic relations between parents and new-born child for confession of state power of birth certificates, given out the Ukrainian organs of state civil registration foreign organs. Concentrated attention on absence of permanent practice of national courts in relation to determination of type of judicial realization as in certain cases a court specifies on the substitution of concepts «establishment of legal fact of domestic relations» and «confession of paternity declarants». As a result of research a conclusion is done about the necessity of development of international convention, which will fasten the standards of defence of rights for children, bear as a result of application of auxiliary genesial technologies, and also outlined tasks which appear before a national legislator and Ukrainian courts, to provide the high-quality legal adjusting of substitute maternity, taking into account rights for a child above all things.

Investigation of Radiant Superheater Crossover Pipe Weld Cracking at Big Cajun II Station

2002 ◽  
Author(s):  
James P. King ◽  
Robert D. Hendrix
Keyword(s):  
Growth Curves ◽  
Performance Testing ◽  
Circumferential Welds ◽  
Root Cause ◽  
Ultrasonic Time ◽  
History Of ◽  
The Many ◽  
Stress Fatigue ◽  
Ultrasonic Shear

This paper describes the many features of a detailed investigation into the determination of a root cause for internal cracking found in the circumferential welds of radiant superheater crossover piping lines, in the Units No. 1 and 2 boilers at Big Cajun II Station in New Roads, Louisiana. The history of inside diameter, circumferential cracks dates back to 1992. The cracking had been recorded during several outages for both units. It was discovered by use of ultrasonic shear wave testing, and verified by ultrasonic time of flight diffraction methods. During each of the ensuing unit outages, the crack depths were recorded and mapped. Repairs were undertaken by machining out the complete girth weld followed by re-welding. During the interim years cracking did re-occur at many of the weld locations. In 2000, a detailed investigation into the cause of the cracking was initiated, which resulted in recommendations for resolving the ongoing problem. This detailed study included; nondestructive testing and metallurgy of removed metal samples, boiler performance testing and analysis and stress, fatigue and fracture mechanics evaluations. The detailed background, applications and results of the many and varied testing and analytical tasks are fully described herein. The main conclusion to the root cause of the cracking is identified as fatigue caused by the combined effects of thermal and pressure cycles. Recommendations are given which address the actions needed to limit or prevent re-occurrence of the cracking, including revised boiler operating procedures. In addition, a series of fatigue crack growth curves is presented, as a monitoring toot for evaluating existing cracks in the welds.

scholarly journals Routine Determination of Ice Thickness for Cryo-EM Grids

2018 ◽  
Author(s):  
William J. Rice ◽  
Anchi Cheng ◽  
Alex J. Noble ◽  
Edward T. Eng ◽  
Laura Y. Kim ◽  
...  
Keyword(s):  
Data Collection ◽  
Sample Preparation ◽  
Quality Data ◽  
Ice Thickness ◽  
Limiting Factor ◽  
Test Cases ◽  
Slowing Down ◽  
Routine Monitoring ◽  
The Many

AbstractRecent advances in instrumentation and automation have made cryo-EM a popular method for producing near-atomic resolution structures of a variety of proteins and complexes. Sample preparation is still a limiting factor in collecting high quality data. Thickness of the vitreous ice in which the particles are embedded is one of the many variables that need to be optimized for collection of the highest quality data. Here we present two methods, using either an energy filter or scattering outside the objective aperture, to measure ice thickness for potentially every image collected. Unlike geometrical or tomographic methods, these can be implemented directly in the single particle collection workflow without interrupting or significantly slowing down data collection. We describe the methods as implemented into the Leginon/Appion data collection workflow, along with some examples from test cases. Routine monitoring of ice thickness should prove helpful for optimizing sample preparation, data collection, and data processing.

scholarly journals Errors of Derived Proofs and Evaluation of Their Evidentiary Value

2020 ◽  
pp. 124-127
Author(s):  
Mikhail Georgievich Musaelyan
Keyword(s):  
Evidence Base ◽  
Complex Mechanism ◽  
Original Source ◽  
Legal Fact ◽  
Source Of Information

The emergence of derivative evidence is d to the mechanism of reflection of the legal fact used in the proof process and in the elements mediated in rela-tion to it. Complex mechanism reflection of the orig-inal evidence in copies derived from it, raise the question of the need to develop a mechanism for scientific determination of the degree of loss of a copy of its exact evidentiary value. The study of this problem is aimed at achieving maximum objectivity in assessing the derivative evidence, taking into account the errors of its compliance with the origi-nal evidence. The possible loss of the original evi-dentiary value of the estimated legal fact by the de-rivative evidence is usually caused by objective and subjective circumstances, the study and minimiza-tion of which will make the establishment of the circumstances of the case, where derivative evi-dence is used, more objective. The paper presents the author’s proposals for organizing the process of proving in order to preserve the coincidence of the features of the initial and derivative evidence: fixing the process of forming derivative evidence in proce-dural documents; involvement of forensic special-ists in the assessment of the obtained copies of evidence; production of forensic examinations. It is summarized that the introduction of proposals into practice will allow avoiding the loss of the evidence base due to the discrepancy between derived evi-dence and the original source of information.

Use of projects methods in study of second context line of computer science

2021 ◽  
Vol 47 (2) ◽  
pp. 217-223
Author(s):  
A. Azizova ◽  
Keyword(s):  
Computer Science ◽  
Cognitive Abilities ◽  
Functional Model ◽  
Science Research ◽  
Educational Process ◽  
Project Method ◽  
Methodological Research ◽  
The Many ◽  
Procedural Components

The relevance of the topic is justified by the many existing interpretations of the cognitive interest of students. The authors note the lack of scientific and methodological research on the problem of the development of the cognitive abilities in the study of computer science and propose to focus on only one aspect of the research. The aim of the study is to develop the content and procedural components of the educational process using the project method to develop the cognitive interest of students in teaching the omputer science. Research objectives: determination of the psychological and pedagogical foundations of the project method for the development of students' cognitive interests in teaching and studying computer science; development of a structural and functional model of the project; development of a methodology for organizing project activities of students in teaching computer science. The article presents the results of the experiment, which testify to the successful use of the project method in teaching informatics.

Coherence in Legal Evidence

2021 ◽  
pp. 231-248
Author(s):  
Amalia Amaya
Keyword(s):  
Constraint Satisfaction ◽  
Evidential Reasoning ◽  
Narrative Coherence ◽  
Coherent Systems ◽  
Legal Evidence ◽  
Structural Coherence ◽  
Fact Finding ◽  
Legal Proof ◽  
Legal Fact

This chapter discusses the concept of coherence and its role in evidential reasoning in law. It examines three main approaches to coherence, namely, structural coherence, narrative coherence, and coherence as constraint satisfaction, and argues that coherence as constraint satisfaction provides an account of the kind of coherence that is relevant to legal fact-finding that is both descriptively adequate and normatively appealing. Next, it addresses some problems concerning the relation between coherence and inference, coherence and virtue, and coherence and truth in the context of legal factfinding. More specifically, it examines three main objections facing a coherentist account of inference, i.e., conservatism, circularity and unfeasibility, and conceptualizes it as an explanatory kind of inference. Then, it articulates a problem that has not been traditionally discussed in the coherentist literature, to wit, the coherence bias, and argues that virtue coherentism has the resources to effectively counteract it. Last, it defends the coherentist approach to evidence and legal proof against three objections that put into question the truth-conduciveness of coherence, namely, the isolation or input objection, the alternative coherent systems objection, and the truth objection. The chapter concludes by suggesting some avenues for further research on coherence, evidence, and legal proof.

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