Tratamiento de los neurodatos en Chile: analisis de jurisprudencia de la Corte Suprema de Chile

The Immigration Battle in American Courts. By Anna O. Law. New York: Cambridge University Press, 2010. 266 pp. $90.00 cloth. In The Immigration Battle in American Courts, Anna O. Law uses immigration law as a case study to provide a compelling analysis of the different developmental paths of the two highest U.S. federal courtsFthe Courts of Appeals (the Third, Fifth, and Ninth Circuits) and the Supreme Court, for an impressive array of years: 1881 to 2002. Law, interested in institutional changes that occurred in these courts, utilizes a mixed-method analysis that yields three core arguments. First, the Supreme Court and Courts of Appeals operate in different institutional contexts; each court's unique context acts as a filtering mechanism that shapes the judges' perception of what they should be doing and how they should be doing it. Second, the contexts of both courts have slowly changed over time; as such, neither the Supreme Court nor the Courts of Appeals have played a static role in the federal judicial system. Third, the changing institutional settings of the courts have consequences for the courts themselves, for the occupants of those institutions, and in the case of immigration law, for the immigrants who appear before the courts. While the overarching theme of this study is institutional change, the book presents a strong and nuanced analysis of the institutional context for the creation of immigration law. Chapter 2 examines the immigration bureaucracy, from the Board of Immigration Appeals to the federal courts. Law analyzes the anti-immigrant reputation of the Supreme Court, arguing that it has gained this reputation largely because it has ceded power over immigration to Congress and the executive branch. Because the Supreme Court has the power to control its own docket, it is able to decide which immigration cases to review; at the same time, the Courts of Appeals must adjudicate all of the immigration cases that are appealed to them. The number of these cases, as Chapter 3 shows, has increased significantly, and, as Law convincingly argues, ''the confluence of congressional legislation first creating the structures and rules of the federal judicial system, the decision of immigrants to defend challenges to their immigration status, and the rise of immigration enforcement beginning in 1986 had the combined effect of further distancing and distinguishing the U.S. Supreme Court and the U.S. Courts of Appeals in their functions'' (p. 83). Because the Supreme Court grants certiorari to so few cases, the Courts of Appeals have taken on the brunt of immigration cases. Law quantifies this: Between 1881 and 2002, the Supreme Court decided 200 immigration cases, whereas the 11 Courts of Appeals decided 12,371 immigration cases combined (pp. 114, 115). The fact that the Courts of Appeals are more likely to be the last decision making body to address immigration cases suggests, as Law shows in Chapter 4, that these judges' preferred interpretations of statutes will stand (p. …

Introdução: No cotidiano diário somos cada vez mais expostos a realização de tarefas simultâneas, em uma condição de dupla tarefa. Nessas situações dizemos que há a interferência de uma tarefa sobre outra. A dupla tarefa pode influenciar o tempo para respostas motoras, o que pode ser um limitante para ações físicas em idosos. Objetivo: Determinar os efeitos de duplas tarefas com diferentes demandas cognitivas sobre o tempo de reação de jovens e idosos independentes. Métodos: Participaram deste estudo 27 jovens (26 ± 8 anos) e 27 idosos (77 ± 5 anos). O tempo de reação foi avaliado em três condições: simples, realizando contagem regressiva e ouvindo música. Resultados: Jovens e idosos diferiram no tempo de reação para as três condições. O tempo de reação é mais prejudicado pela dupla tarefa envolvendo contagem. Os efeitos das duplas tarefas foram similares entre os dois grupos. Conclusões: Uma dupla tarefa que exija atenção, como a tarefa de contagem regressiva, afeta negativamente o tempo de reação de jovens e idosos, o que não é observado na dupla tarefa de ouvir música passivamente. Estes resultados podem servir de fundamentação para inclusão de dupla tarefa em atividades motoras e cognitivas em terapias de movimento ou reabilitação em idosos.

The answer to the question of whether there is any difference in the way the U.S. Courts of Appeals or the U.S. Supreme Court treat immigration cases is very much dependent on how one measures the result. How do we know what we know? One way to go about answering the question is to compare the rate at which aliens prevail in their legal challenges in each level of the courts. But to ask whether aliens typically win or lose at the Supreme Court or the Courts of Appeals is to focus only on the legal outcome of a case, and such a focus is highly misleading because it glosses over the motivations for the decision. One realizes what the judges and justices have decided without gaining much understanding of why they decided the way they did. Moreover, given the fact that the Supreme Court and Courts of Appeals use different case selection mechanisms, and have different degrees of control over their dockets, comparing the legal outcomes of the two courts is not very meaningful. This chapter proposes refocusing the inquiry to better understand how the Supreme Court and Courts of Appeals decide immigration cases in comparable ways in order to obtain a fuller assessment of what is happening to aliens' appeals in these two levels of the federal courts. The methodological approaches adopted are crucial, and for this reason the discussion of methodology in this chapter, and especially in the appendices, is fairly detailed.

Given the evidence of the links between cognition and mobility, participation in cognitive activities may benefit neuromotor performance and mobility in older adults. To examine the association between participation in cognitive activities and foot reaction time (RT) and gait speed in community-dwelling older adults. The MOBILIZE Boston Study II (MBSII) re-enrolled 354 community-dwelling older adults aged ≥ 70years from the original MBS cohort. Of these, 310 completed the performance testing and we excluded three participants who had Parkinson's disease. Cognitive Activities Scale (CAS) assessed participation in 17 cognitive activities. Simple and Choice foot RT (SRT, CRT, msec) and gait speed (m/s) were measured using a sensored GAITRite® gait mat. The average age of the 307 participants was 84years; 79% were white and 65% were women. The average CAS score was 25.5 ± 11.7, indicating participation in approximately 26 activities per week on average. The average foot SRT was 245 ± 57msec and average CRT was 323 ± 85msec. Usual-paced gait speed was 0.9 ± 0.3m/s on average. More frequent participation in cognitive activities was associated with shorter SRT (β = - 0.759, p = 0.015) and CRT (β = - 1.125, p = 0.013), and faster gait speed (β = 0.003, p = 0.026), after adjusting for potential confounders. Participation in cognitively stimulating activities may be beneficial for neuromotor performance and mobility in older adults. Prospective and intervention studies are needed to determine whether participation in cognitive activities may prevent mobility decline over time, and thus reduce fall risk.

The manner in which agenda change occurs demonstrates how institutional arrangements influence agenda priorities in the Supreme Court and Courts of Appeals. A neo‐institutional theoretic perspective is employed to examine the dynamics of agenda formation in these courts. The article finds that the Supreme Court's agenda choices influence the decisions of litigants, interest groups, and lawyers to appeal certain cases to the Courts of Appeals. While the Supreme Court's agenda primarily is influenced by internal factors, it is constrained by agenda changes in the appeals courts. Critically, it is shown that these federal appellate courts exist within an endogenous system with respect to agenda formation, as both courts respond to agenda changes made in the other over time.

Reaction time (RT) is known to be longer for simultaneous bimanual responses than for unimanual ones. This phenomenon is called "bilateral deficit". To identify the mechanisms subserving the bilateral deficit, brain electrical activity was examined, with a source derivation method, in 12 right-handed subjects, during the preparation and execution periods of a RT task. The responses were either unilateral or bilateral index finger flexion, performed either in a simple RT condition, with 20% catch trials, or in a choice RT condition. A deficit was observed in RT for the bilateral response for the right-index finger movement. In cerebral electrical activities, no evidence of a correlate of a bilateral deficit was found during the preparatory period. Conversely, during the execution period, an EEG correlate of the bilateral deficit was found. For the right hand, the activation of the sensorimotor area directly involved in the voluntary control was weaker for bilateral than for unilateral contralateral responses. The reasons for such a bilateral command weakness are discussed in the context of our RT task. First, the constraint of synchronisation included in the bilateral response might require an interhemispheric information transmission that resulted in a braking effect. Second, given that an ipsilateral inhibition is present in case of choice between the two hands of one particular unimanual response, and given that this ipsilateral inhibition is also present in case of simple unimanual trials, we hypothesise that a mutual transcallosal inhibitory effect also persists in the bilateral response.

Motor reaction times in humans are highly variable from one trial to the next, even for simple and automatic tasks, such as shifting your gaze to a suddenly appearing target. Although classic models of reaction time generation consider this variability to reflect intrinsic noise, some portion of it could also be attributed to ongoing neuronal processes. For example, variations of alpha rhythm frequency (8-12 Hz) across individuals, or alpha amplitude across trials, have been related previously to manual reaction time variability. Here we investigate the trial-by-trial influence of oscillatory phase, a dynamic marker of ongoing activity, on saccadic reaction time in three paradigms of increasing cognitive demand (simple reaction time, choice reaction time, and visual discrimination tasks). The phase of ongoing prestimulus activity in the high alpha/low beta range (11-17 Hz) at frontocentral locations was strongly associated with saccadic response latencies. This relation, present in all three paradigms, peaked for phases recorded ∼50 ms before fixation point offset and 250 ms before target onset. Reaction times in the most demanding discrimination task fell into two distinct modes reflecting a fast but inaccurate strategy or a slow and efficient one. The phase effect was markedly stronger in the group of subjects using the faster strategy. We conclude that periodic fluctuations of electrical activity attributable to neuronal oscillations can modulate the efficiency of the oculomotor system on a rapid timescale; however, this relation may be obscured when cognitive load also adds a significant contribution to response time variability.

Caffeine (CAF) and maltodextrin (MALT) mouth rinses (MR) improve exercise performance. The current experiment aims to determine the effect of CAF and MALT MR on cognitive performance and brain activity. Ten healthy male subjects (age 27 ± 3 yr) completed three experimental trials. Each trial included four Stroop tasks: two familiarization tasks, and one task before and one task after an MR period. The reaction time (in milliseconds) and accuracy (percent) of simple, congruent, and incongruent stimuli were assessed. Electroencephalography was applied throughout the experiment to record brain activity. The amplitudes and latencies of the P300 were determined during the Stroop tasks before and after the MR period. Subjects received MR with CAF (0.3 g/25 ml), MALT (1.6 g/25 ml), or placebo (PLAC) in a randomized, double-blind, crossover design. During MR, the brain imaging technique standardized low-resolution brain electromagnetic tomography was applied. Magnitude-based inferences showed that CAF MR is likely trivial (63.5%) and likely beneficial (36.4%) compared with PLAC MR, and compared with MALT MR likely beneficial to reaction time on incongruent stimuli (61.6%). Additionally, both the orbitofrontal and dorsolateral prefrontal cortex were activated only during CAF MR, potentially explaining the likely beneficial effect on reaction times. MALT MR increased brain activity only within the orbitofrontal cortex. However, this brain activation did not alter the reaction time. Furthermore, no significant differences in the accuracy of stimuli responses were observed between conditions. In conclusion, only CAF MR exerted a likely beneficial effect on reaction time due to the subsequent activation of both the orbitofrontal and dorsolateral prefrontal cortexes.

Retired Supreme Court Justices in the Courts of Appeals STEPHEN L. WASBY Supreme Court Justices, after their retirement from the Court, engage in a variety of activities and at times comment on current issues. Justice Sandra Day O’Connor, for example, often speaks aboutjudicial indepen­ dence. Such statements attract attention. What does not attract attention, so that little is known about the subject, is that retired Justices continue to decide cases—but in the lower federal courts. This article is an examination of their participation in the U.S. Courts of Appeals. To avoid possible tie votes from vacan­ cies resulting from illness, death, or recusal, many state high courts bring back their retired justices for particular cases. There is no such practice in the United States Supreme Court, although Sen. Patrick Leahy (D-VT) recently proposed it.1 Supreme Court Justices who retire cannot again sit on the Supreme Court, even if one or more of “the brethren” is unavailable. However, a 1937 statute allows retired Justices to sit on lower courts,2 and several have done so, especially in the Courts of Appeals. Some have only had minimal lower-court participation, but others have sat for an extended period of time and written more than a few opinions. Justices Stanley F. Reed and Harold H. Burton are examples ofJustices who sat in only one circuit. More recently, David H. Souter sat in the First Circuit, where he had served briefly prior to his Supreme Court nomination. Others have sat in several circuits. Justice Tom Clark sat in every geographic circuit (and the Court of Customs and Patent Appeals [CCPA]),3 and Sandra Day O’Connor has sat in all but the D.C. Circuit. Both Potter Stewart and Byron R. White sat in several but not all circuits, while Lewis F. Powell, Jr. sat only in the Eleventh Circuit in addition to the Fourth Circuit in which he lived. A retired Justice would not be likely to sit regularly in the lower courts ifretirement had been for reasons ofill health, but those retiring for other reasons often wish to remain active by deciding cases. Most obvious in this regard is Tom Clark, who retired to allow President Lyndon B. Johnson to appoint his son, RETIRED JUSTICES SERVING ON COURTS OF APPEALS 147 Ramsey, as Attorney General so he would not have to recuse himself frequently in cases involving the federal government. Justice O’Connor retired because of her husband’s dementia but, after his institutionalization, had the opportunity for both speech-making and Court of Appeals participation. This article will examine only those Justices who sat in the Courts of Appeals a nontrivial number of times. Among matters examined are the number of cases in which retired Justices participated; the number ofthe opinions they wrote, including separate opinions; the subject matters of the cases in which they participated and their routine or significant nature; and the judges with whom they sat. Its primary purpose is to update the one systematic study of the subject by Minor Myers III4 to include Justices Sandra Day O’Connor and David H. Souter, to modify the number of participations reported for earlier retired Justices, and to explore additional questions. Because of the importance of their possible effect on the dynamics of the courts in which retired Justices sit, the results of a short survey of Court of Appeals judges who sat with them will be reported. Also noted is whether a retired Justice’s positions in the Courts of Appeals are consistent with those taken earlier on the Supreme Court, as it would be useful to know whether the retired Justice continued any position or “agenda” evidenced by previous rulings. Related is the use retired Justices make of Supreme Court decisions, both from before and after their tenure there and particularly from cases in which they participated and in which they wrote opinions, although a Justice’s Court of Appeals opinions are likely to be constrained not only by more recent Supreme Court opinions but also by circuit precedent. The Myers Study Myers reported that nine Justices (Willis Van Devanter, Stanley F. Reed, Harold H. Burton, Tom Clark, Potter Stewart, Lewis F...

ABSTRACTThis study assessed whether a multi-ingredient energy supplement (MIES) could enhance cerebral-cortical activation and cognitive performance during an attention-switching task. Cerebral-cortical activation was recorded in 24 young adults (12 males, 12 females; 22.8 ± 3.8 yrs) via electroencephalography (EEG) both at rest and during the attention-switching task before (pretest) and 30 min after (posttest) consumption of a single serving of a MIES (MIES-1), two servings of a MIES (MIES-2), or a placebo (PL) in a double-blinded, randomized crossover experimental design. EEG upper-alpha power was assessed at rest and during the task, wherein d′ (Z[hit rate]–Z[false alarm rate]) and median reaction time (RT) for correct responses to targets on attention-hold and attention-switch trials were analyzed. For both d′ and RT, the Session (MIES-1, MIES-2, PL) × Time (pretest, posttest) interaction approached statistical significance (p = .07, η2p = 0.106). Exploring these interactions with linear contrasts, a significant linear effect of supplement dose on the linear effect of time was observed (ps ≤.034), suggesting the pretest-to-posttest improvement in sensitivity to task target stimuli (d′) and RT increased as a function of supplement dose. With respect to upper-alpha power, the Session × Time interaction was significant (p < .001, η2p = 0.422). Exploring this interaction with linear contrasts, a significant linear effect of supplement dose on the linear effect of time was observed (p < .001), suggesting pretest-to-posttest increases in cerebral-cortical activation were a function of supplement dose. In conclusion, our findings suggest that MIES can increase cerebral-cortical activation and RT during task performance while increasing sensitivity to target stimuli in a dose-dependent manner.

Background: Dysfunctional cognitive processing and abnormal brain activation in response to emotional stimuli have long been recognized as core features of the major depressive disorder (MDD). The aim of this study was to examine how Chinese patients with MDD process Chinese emotional words presented to either the left (LH) or right hemisphere (RH). Methods: Reaction time (RT) and the late positive component of the event-related potential were measured while subjects judged the valence (positive or negative) of emotional words written in Chinese. Results: Compared to healthy controls, patients with MDD exhibited slower RTs in response to negative words. In all subjects, the RTs in response to negative words were significantly faster than RTs in response to positive words presented to the LH, as well as significantly faster than responses to negative words presented to the RH. Compared to healthy controls, MDD patients exhibited reduced activation of the central and left regions of the brain in response to both negative and positive words. In healthy controls, the posterior brain areas were more active than the anterior brain areas when responding to negative words. Conclusion: All individuals showed faster RTs in response to negative words compared to positive words. In addition, MDD patients showed lateralization of brain activity in response to emotional words, whereas healthy individuals did not show this lateralization. Posterior brain areas appear to play an especially important role in discriminating and experiencing negative emotional words. This study provides further evidence in support of the negative bias hypothesis and the emotional processing theory.

Topography of averaged electrical brain activity relating to interhemispheric dynamics in normal humans: where does the critical relay take place?

This study investigated the effects of manipulation of attention on verbal priming in highly (Highs) and low (Lows) hypnotizable individuals. Priming was evaluated via the word-stem completion task (WSCT). The experimental paradigm consisted of one condition in full-attention and in two conditions with colored words in which attention was directed, respectively, only to the color and to both color and word. No significant differences between Highs and Lows were found in none of the three attentional conditions. However, during encoding in full-attention, Highs showed shorter reaction times (RTs) than Lows. This is in accord with previous evidence of faster simple and choice RTs in Highs than in Lows, and suggests hypnotizability-related differences in arousal, likely driven by a different cognitive control activity. Also, Highs' self-report of interference of color-naming on word-reading suggests possible differences between Highs and Lows in cognitive activity related to mental effort.

We report research on different phasic evoked cardiac responses associated with differences in cognitive activity. These were examined in relation to a stable individual difference variable, mean simple reaction time (RT). Individual means on RT were found to be sufficiently stable over a 10 month period to consider them as individual functional characteristics. Subjects were divided into two subgroups on the basis of the first measure of their individual mean RT (above and below the group median). Each subject received 10 innocuous auditory stimuli with randomly varying interstimulus intervals. Stimuli were presented in one of two conditions defined by instructions allowing them to ignore (irrelevant condition), or requiring them to count the stimuli (relevant condition). A main effect of instruction was obtained in the evoked cardiac response. The initial heart rate deceleration was significantly larger in the irrelevant condition and a later acceleration was significantly larger in the relevant condition. Short-RT subjects had smaller heart rate changes to the irrelevant stimuli. The data are discussed in terms of the intensity of stimulus processing (both physical and cognitive) as a factor which may be related fundamentally to stable individual differences in RT.

The introduction of Augmented Reality (AR) has attracted several developments, although the people’s experience of AR has not been clearly studied or contrasted with the human experience in 2D and 3D environments. Here, the directional task was applied in 2D, 3D, and AR using simplified stimulus in video games to determine whether there is a difference in human answer reaction time prediction using context stimulus. Testing of the directional task adapted was also done.Research question: Are the main differences between 2D, 3D, and AR able to be predicted using Markov chains?Methods: A computer was fitted with a digital acquisition card in order to record, test and validate the reaction time (RT) of participants attached to the arranged RT for the theory of Markov chain probability. A Markov chain analysis was performed on the participants’ data. Subsequently, the way certain factors influenced participants RT amongst the three tasks time on the accuracy of the participants was sought in the three tasks (environments) were statistically tested using ANOVA.Results: Markov chains of order 1 and 2 successfully reproduced the average reaction time by participants in 3D and AR tasks, having only 2D tasks with the variance predicted with the current state. Moreover, a clear explanation of delayed RT in every environment was done. Mood and coffee did not show significant differences in RTs on a simplified videogame. Gender differences were found in 3D, where endogenous directional goals are in 3D, but no gender differences appeared in AR where exogenous AR buttons can explain the larger RT that compensate for the gender difference. Our results suggest that unconscious preparation of selective choices is not restricted to current motor preparation. Instead, decisions in different environments and gender evolve from the dynamics of preceding cognitive activity can fit and improve neurocomputational models.