scholarly journals Unintended Consequences: The Impact of the Court's Recent Cases on Structural Ineffective Assistance of Counsel Claims

2017 ◽  
Author(s):  
Lauren Sudeall Lucas
Keyword(s):  
Unintended Consequences ◽  
Pragmatic Approach ◽  
Short Article ◽  
Indigent Defense ◽  
Sixth Amendment ◽  
Potential Impact ◽  
The Right ◽  
The Impact ◽  
Defense Reform ◽  
Made In

The Supreme Court's recent Sixth Amendment cases have garnered much attention for their potential impact on ineffective assistance of counsel claims asserted in the context of a criminal case. This short article explores the unintended consequences of these decisions on structural ineffective assistance of counsel claims made in the civil context alleging that systematic deficiencies are likely to lead to right to counsel violations. The article concludes that the Court's departure from a trial-centered conception of the right to counsel, its willingness to articulate specific pre-trial duties of counsel and its more pragmatic approach towards enforcing the Sixth Amendment will help those seeking indigent defense reform to establish the likelihood of future injury, a necessary element of successful structural challenges.Published: Lauren Sudeall Lucas, Unintended Consequences: The Impact of the Court's Recent Cases on Structural Ineffective Assistance of Counsel Claims, 25 Fed. Sent'g Rep. 106 (2012).

scholarly journals From Francis Coralie Mullin to Swaraj Abhiyan: Adding Multidimensionality to the Conditional Social Right to Food

2017 ◽  
Vol 6 (1) ◽  
pp. 21-40
Author(s):  
Saurabh Bhattacharjee
Keyword(s):  
Indian Subcontinent ◽  
Right To Food ◽  
The Core ◽  
Explicit Mention ◽  
State Obligations ◽  
History Of ◽  
Constitutional Right ◽  
The Right ◽  
The Impact ◽  
Made In

Global hunger is widely seen as one of the foremost threats to humanity. The Constitutionality of the Right to Food has been a long-standing debate within the Indian Subcontinent as there is no explicit mention of the said right. Through various judicial pronouncements over a relatively long period of time, the right to food has been construed to be constitutionally ingrained. This paper explores the history of the right to food as a fundamental right in India, as per the Constitution. It analyses landmark cases on the right to food and examines the fundamental right to food, in terms of state obligations. Is the impact of the entrenchment of the right to food as a fundamental right, limited only to its symbolic meaning? Or has such right substantively shaped the contours of governmental policies too? What are the remedial interventions that the judiciary has made in view of the constitutional right to food? These are questions that the paper will explore. In this process, the paper will parse various judicial orders on the right to food and identify whether there are justiciable entitlements that presumptively constitute the core of the right. Further, the paper shall also highlight the multidimensionality of the right to food and illustrate that starting with Francis Mullin in the 1980s, to Laxmi Mandal and Swaraj Abhiyan in this decade. The courts have, through the above mentioned judgments, underscored the interrelatedness between the rights to food, health, shelter and right to work.

Modeling the Process of Adoption of Telecommuting: Comprehensive Framework

1996 ◽  
Vol 1552 (1) ◽  
pp. 161-170 ◽  
Author(s):  
Adriana Bernardino ◽  
Moshe Ben-Akiva
Keyword(s):  
Adoption Process ◽  
Quality Work ◽  
Work Related ◽  
Increase Productivity ◽  
Perceived Impacts ◽  
Potential Impact ◽  
The Right ◽  
Comprehensive Framework ◽  
The Impact

A comprehensive model of the telecommuting adoption process, incorporating employer and employee perspectives, is developed. A probabilistic modeling approach is taken. The employer decision to offer a telecommuting program is modeled as a function of motivations and constraints and of the perceived impacts of telecommuting on the organization's productivity and costs. The employee decision to adopt telecommuting is modeled as a function of motivations and constraints as well as of the impact of the program on lifestyle quality, work-related costs, and income. The results indicate that telecommuting has a significant potential to increase productivity and improve lifestyle quality, if the right program is designed for the right employee. The potential of telecommuting to reduce organization and employee work-related costs is perceived to be limited. An overall negative perception about the potential impact on productivity and lifestyle quality of telework center–based telecommuting programs is identified, pointing to a need for further research to assess the market for telework centers.

scholarly journals PARE0001 DIET, NUTRITION AND ARTHRITIS – A WORKSHOP FOR YOUNG PEOPLE WITH RHEUMATIC AND MUSCULOSKELETAL DISEASES (RMDS).

2020 ◽  
Vol 79 (Suppl 1) ◽  
pp. 1287.2-1287
Author(s):  
M. Voeten ◽  
W. Olsder
Keyword(s):  
Young People ◽  
Musculoskeletal Diseases ◽  
Occupational Therapist ◽  
The Self ◽  
Self Management ◽  
Ongoing Research ◽  
Correct Technique ◽  
The Right ◽  
The Impact ◽  
Made In

Background:The impact of diet and nutrition on RMDs is a growing topic with lots of ongoing research and remaining questions. Youth-R-Well.com, the organization for young people (18-30 years) with rheumatic and musculoskeletal diseases (RMDs) in the Netherlands, recognized that young people want to know more about this theme. Therefore, Youth-R-Well.com organized the workshop “Diet, Nutrition and Arthritis” to inform young people with RMDs about the facts and myths of the impact of diet and nutrition on RMDs.Objectives:The main objective of this project was to inform young people with rheumatic and musculoskeletal diseases about the impact of diet and nutrition on RMDs. Youth-R-Well.com wanted to offer the knowledge of proven research and studies, and provide all the recent facts and fables about this topic. By becoming well-informed about the impact of healthy cooking, young people are able to improve the self-management of their disease. Besides providing information about the impact of diet and nutrition, the objective was to offer tips and tricks about ergonomic cooking. With the right tools for cooking, the participants might be inspired by a less painful and more suitable way of cooking, which also increases the self-management of their disease.Methods:To make sure the event was consistent with the needs of young people, Youth-R-Well.com organized a cooking workshop, that consisted of two parts: informative presentations and a fun healthy cooking workshop. For the first part, we invited a professor and a dietitian specialized at this specific topic to provide the correct and up-to-date information. For the second part, we invited an occupational therapist to provide information about ergonomic cooking. The kick-off of the day was by two informative presentations: the professor, who focused on recent studies, and the dietitian, who focused on the practical side. Both the presentations ended up in a question and answer component, where the participants showed lots of interaction. After the first session, the practical side of the workshop could be started. Several nutrient full and healthy recipes were made in teams to interact with other participants. An occupational therapist facilitated the participants by presenting the less painful and correct technique for preparing food. The workshop is filmed and shared through YouTube, to make sure the information reaches more young people with RMDs.Results:It was a successful workshop where over 40 participants were present. The educational and helpful presentations were well received and created more realization of the impact of an appropriate and altered diet. The survey, which was filled up by the participants, has shown that over 91% rated the event by the highest-ranking “good”. Also, in the second part of the workshop, the practical cooking was very good and useful; it was rated as the most favorite part. The workshop was filmed and shared online, we reached over 1300 people with enthusiastic and lovely comments.Conclusion:Based on the questions of young people around the impact of diet and nutrition on RMDs, Youth-R-Well.com organized the workshop: “Diet, Nutrition and Arthritis”. Through the combination of informative presentations and a fun cooking workshop, Youth-R-Well.com managed to inform young people about this growing topic. We will continue to spread the information through our online video on our online channels to reach more young people with RMDs.Disclosure of Interests:None declared

scholarly journals The Impact of Covid-19 on Women's Experiences of and Through Football in Buenos Aires

2021 ◽  
Vol 2 ◽  
Author(s):  
Juliana Román Lozano ◽  
Mónica Santino ◽  
David Wood
Keyword(s):  
Civil Society ◽  
Buenos Aires ◽  
Research Report ◽  
Football Players ◽  
Civil Society Organization ◽  
Potential Impact ◽  
The Impact ◽  
Different Levels ◽  
Made In ◽  
Women's Football

This research report explores the impact of Covid-19 on women's football in Buenos Aires. The suspension of all forms of football in Argentina as part of the country's hard lockdown measures threatens to undo significant gains made in women's football in recent years. By focussing on the experiences of key actors in a feminist Civil Society Organization (CSO) and a newly professional women's team, respectively, we examine what the pandemic has meant for women's football and for women football players at different levels of the game. We also consider the potential impact of the current situation on the future of women's football in Argentina, representative of wider social advances for women in the country.

Emotional Reactivity to Visual Content as Revealed by ERP Component Clustering

2015 ◽  
Vol 29 (4) ◽  
pp. 135-146 ◽  
Author(s):  
Miroslaw Wyczesany ◽  
Szczepan J. Grzybowski ◽  
Jan Kaiser
Keyword(s):  
Emotional Reactivity ◽  
Brain Activity ◽  
Affective State ◽  
Occipital Lobe ◽  
Stimulus Onset ◽  
Emotional States ◽  
Neural Basis ◽  
Temporoparietal Junction ◽  
The Right ◽  
The Impact

Abstract. In the study, the neural basis of emotional reactivity was investigated. Reactivity was operationalized as the impact of emotional pictures on the self-reported ongoing affective state. It was used to divide the subjects into high- and low-responders groups. Independent sources of brain activity were identified, localized with the DIPFIT method, and clustered across subjects to analyse the visual evoked potentials to affective pictures. Four of the identified clusters revealed effects of reactivity. The earliest two started about 120 ms from the stimulus onset and were located in the occipital lobe and the right temporoparietal junction. Another two with a latency of 200 ms were found in the orbitofrontal and the right dorsolateral cortices. Additionally, differences in pre-stimulus alpha level over the visual cortex were observed between the groups. The attentional modulation of perceptual processes is proposed as an early source of emotional reactivity, which forms an automatic mechanism of affective control. The role of top-down processes in affective appraisal and, finally, the experience of ongoing emotional states is also discussed.

Aviation and the Microbiome

2020 ◽  
Vol 91 (8) ◽  
pp. 651-661
Author(s):  
Joshua T. Davis ◽  
Hilary A. Uyhelji
Keyword(s):  
Psychological Health ◽  
Aviation Safety ◽  
Autism Spectrum ◽  
Unintended Consequences ◽  
Microbial Colonization ◽  
Future Research ◽  
Aerospace Medicine ◽  
Medical Certification ◽  
Physical Disorders ◽  
The Impact

INTRODUCTION: Although the impact of microorganisms on their hosts has been investigated for decades, recent technological advances have permitted high-throughput studies of the collective microbial genomes colonizing a host or habitat, also known as the microbiome. This literature review presents an overview of microbiome research, with an emphasis on topics that have the potential for future applications to aviation safety. In humans, research is beginning to suggest relationships of the microbiome with physical disorders, including type 1 and type 2 diabetes mellitus, cardiovascular disease, and respiratory disease. The microbiome also has been associated with psychological health, including depression, anxiety, and the social complications that arise in autism spectrum disorders. Pharmaceuticals can alter microbiome diversity, and may lead to unintended consequences both short and long-term. As research strengthens understanding of the connections between the microbiota and human health, several potential applications for aerospace medicine and aviation safety emerge. For example, information derived from tests of the microbiota has potential future relevance for medical certification of pilots, accident investigation, and evaluation of fitness for duty in aerospace operations. Moreover, air travel may impact the microbiome of passengers and crew, including potential impacts on the spread of disease nationally and internationally. Construction, maintenance, and cleaning regimens that consider the potential for microbial colonization in airports and cabin environments may promote the health of travelers. Altogether, the mounting knowledge of microbiome effects on health presents several opportunities for future research into how and whether microbiome-based insights could be used to improve aviation safety.Davis JT, Uyhelji HA. Aviation and the microbiome. Aerosp Med Hum Perform. 2020; 91(8):651–661.

The Impact of Internal Work Environment on the Retention of Healthcare Providers at Turaif General Hospital

2019 ◽  
Vol 10 (12) ◽  
pp. 1183-1199
Author(s):  
Mohammed Alrouili ◽  
Keyword(s):  
Work Environment ◽  
General Hospital ◽  
Professional Growth ◽  
Healthcare Providers ◽  
Entire Study ◽  
Internal Work ◽  
Research Findings ◽  
Study Population ◽  
The Right ◽  
The Impact

This study attempted to identify the impact of internal work environment on the retention of healthcare providers at Turaif General Hospital in the Kingdom of Saudi Arabia. In particular, the study aimed to identify the dimensions of work circumstances, compensation, and relationship with colleagues, professional growth, and the level of healthcare providers’ retention. In order to achieve the study goals, the researcher used the descriptive analytical approach. The researcher used the questionnaire as the study tool. The study population comprised all the healthcare providers at Turaif General Hospital. Questionnaires were distributed to the entire study sample that consisted of 220 individuals. The number of questionnaires valid for study was 183 questionnaires. The research findings were as follows: the participants’ estimate of the work circumstances dimension was high (3.64), the participants’ estimate of the compensation dimension was moderate (3.32), the participants’ estimate of the relationship with colleagues dimension was high (3.62), the participants’ estimate of the professional growth dimension was weak (2.39), and the participants’ estimate of healthcare providers’ retention level was intermediate (2.75). Accordingly, the researcher’s major recommendations are: the need to create the right atmosphere for personnel in hospitals, the interest of the hospital to provide the appropriate conditions for the staff in terms of the physical and moral aspects for building the work adjustment in the staff, and conducting training courses and educational lectures for personnel in hospitals on how to cope with the work pressures.

Cancellation and Termination of Assignment Contract of Patrimonial Rights of the Author

2019 ◽  
Vol 25 (2) ◽  
pp. 197-201
Author(s):  
Tudor-Vlad Sfârlog
Keyword(s):  
Scientific Research ◽  
Legal Provisions ◽  
The Right ◽  
Made In

Abstract The present study offers the doctrine of the right of intellectual creation new perspectives on the study of the institution of termination of the assignment contract for the patrimonial rights resulting from the intellectual creation. We believe that the present study is rich in doctrinal contributions, formulating new theses and opening the prospect for new perspectives of scientific research. Last but not least, we appreciate that the proposals made in the present study contribute not only to the activity of opinionated in the field, but also to the work of practitioners and direct beneficiaries of the legal provisions on the assignment of patrimonial rights of authors.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

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