Basic Difficulties Research Articles

The Limits of Gatekeeper Liability

Gatekeeper liability – the framework under which actors such as law firms, investment banks and accountants face liability for the wrongs committed by their corporate clients – is one of the most widely used strategies for controlling corporate wrongdoing. It nevertheless faces well-recognized flaws: gatekeepers often depend financially on the clients whose conduct they monitor; to carry out their gatekeeping function, gatekeepers rely on individuals – often their employees – whose interests diverge from their own; and major transactions typically involve multiple gatekeepers, each with specific areas of expertise and information, which produces both gaps and overlaps in the gatekeeping net. In this paper, I assess a recently proposed strategy intended to address the core challenges that afflict gatekeeper liability. Proposed by Professor Stavros Gadinis and Mr. Colby Mangels in Collaborative Gatekeepers, 73 Wash. & Lee L. Rev. 797 (2016), the strategy would require gatekeepers to report their suspicions of wrongdoing by their clients to regulators – a duty that is analogous to rules that have proven effective in anti-money laundering regulation. I assess the proposal’s likely effectiveness by, first, distinguishing it from conventional gatekeeping regimes. I argue in favor of the proposal but suggest that its success is likely to depend on the particular ways in which it interacts with conventional gatekeeper regimes – because the proposal would be overlaid on these existing regimes, rather than amending or replacing them. I also examine the basic difficulty in justifying any gatekeeper liability regime that stems from the need to establish its superiority over more direct forms of liability – namely, individual and enterprise liability – a task that hinges on the satisfaction of numerous complex conditions that cannot be established – easily, or at all (at least to the satisfaction of those inclined to oppose new liability regimes). Arguing that the Gadinis–Mangels proposal nevertheless holds strong promise, I suggest an extension designed to overcome defects associated with the fragmentation of the gatekeeping net that results from the presence of multiple gatekeepers in major business transactions.

Live birth, miscarriage, and abortion among U.S. women with and without disabilities

BackgroundPrior studies have found that women with disabilities who give birth are more likely to have preterm deliveries and low birthweight infants. However, it is not known what proportion of pregnant women with disabilities experience live birth, versus miscarriage or abortion. ObjectiveTo compare proportions of live birth, miscarriage, and abortion among women with basic action difficulties, women with complex activity limitations, and women without disabilities in a nationally representative sample. MethodsWe analyzed pooled Medical Expenditure Panel Survey (MEPS) data from Panels 1–11 (covering years 1996–2007), which included a Pregnancy Detail module assessing outcomes for women who were pregnant during panel participation. We used chi-square tests and multivariable logistic regression to compare disability groups on pregnancy outcomes. ResultsAmong women with a recorded pregnancy outcome, women with disabilities were less likely to have live births (80.8% of women with basic action difficulties and 75.3% of women with complex activity limitations versus 85.0% of women without disabilities), but differences related to disability were not significant when adjusting for covariates. Women with complex activity limitations were significantly more likely to report miscarriages, even when controlling for covariates. Disability was not significantly associated with abortion in the adjusted analysis. ConclusionsOur findings add to the growing literature on pregnancy outcomes among women with disabilities, providing important information about outcomes that are not reflected in delivery records. We found few differences between women with and without disabilities, and good likelihood of live birth among women with disabilities experiencing pregnancy.

Issues in Distance Learning of Programming

E-learning in the education system brings many advantages over traditional forms. This form of education also brings many difficulties that lead to less successful students while studying. The aim of this paper is to show the differences between teaching programming in the form of full-time and distance learning. The author describes the results of practical training using the LMS. He presents and compares the results of students in full-time and distance study. The research was conducted using a questionnaire method and a pedagogical experiment. The author shows the basic problems, difficulties and practical experience with these forms and its specifics in teaching of programming. Keywords: education; learning; programming; research; questionnaire; t-test;

Issues in Distance Learning of Programming

E-learning in the education system brings many advantages over traditional forms. This form of education also brings many difficulties that lead to less successful students while studying. The aim of this paper is to show the differences between teaching programming in the form of full-time and distance learning. The author describes the results of practical training using the LMS. He presents and compares the results of students in full-time and distance study. The research was conducted using a questionnaire method and a pedagogical experiment. The author shows the basic problems, difficulties and practical experience with these forms and its specifics in teaching of programming.Keywords: education; learning; programming; research; questionnaire; t-test;

Nonlocal elasticity in nanobeams: the stress-driven integral model

Nonlocal elastic models have attracted an increasing amount of attention in the past years, due to the promising feature of providing a viable simulation for scale effects in nano-structures and especially in nano-beams designed for use as actuators or sensors. In adapting Eringen’s nonlocal model of elasticity to flexure of nano-beams, the bending field is expressed as convolution between the elastic curvature field and an averaging kernel. Basic difficulties are involved in this approach due to conflicting requirements imposed on the bending field by equilibrium on one hand and by constitutive conditions on the other one. In the newly proposed constitutive theory the bending field is placed in the proper position of input variable, giving to the elastic curvature field the role of output of the constitutive law, evaluated by convolution between the bending field and an averaging kernel. Conflicting restrictions on the bending field are thus eliminated and existence and uniqueness of the solution are assured under any data. Equivalence between integral and differential constitutive relations is proven to hold for nonlocal laws with a special kernel, under constitutive boundary conditions stemming naturally from the integral relation. When compared with the local limit, a stiffer elastic response is evaluated by the stress-driven nonlocal model, due to normalisation of the kernel. The theory provides an effective methodology for investigating small scale effects in nanobeams, by well-posed problems.

Today’s Leibniz: Monadologies of the 21st Century

The mind-body problem is a central problem of modern philosophy. Leibniz’s Monadology as a model of a solution is picked up again and again even today. In order to characterize three of these completely different new monadologies of today, the basic difficulty of the mind-body-problem is outlined as a background, followed by a short sketch of the Leibnitian solution. - The first new monadology, here, is the metaphysical solution of U. Meixner, who chooses consciousness as a fundament, seeing a monad as a stream of consciousness. This is contrasted with a second new monadology, namely N. Rescher’s process-theoretical approach, which takes the monad not as a substance, but as a process. The third new monadology is the quantum monadology of T. Nakagomi, where the monad is embedded in a quantum ontological concept that elaborates a reconciliation of the macroscopic, material world with a quantum theoretical world of consciousness, both sides seen as an interpretation. Finally there are some reflections on a merger of elements of these three concepts of monadology for an approach of today.

Explorando Registros Figurais: implicações para o desenvolvimento do pensamento geométrico

Neste artigo, apresentamos os resultados de um estudo sobre as produções de alunos de uma Universidade Particular, envolvendo representações de registros em regiões do plano. As atividades foram elaboradas à luz da teoria dos registros de representação semiótica (DUVAL,1995; 2007) e requeriam do acadêmico o estabelecimento de tratamento e conversão entre registros figurais. As tarefas foram aplicadas em três etapas: a primeira e a segunda etapas constaram da construção de regiões delimitadas por quadriláteros e, a partir da escolha de um dos quadriláteros, em particular, um retângulo, construir subfiguras e encontrar algoritmos que permitissem calcular suas respectivas áreas. Na terceira etapa, foram propostas situações relacionando conversão e tratamento de registros figurais, com o objetivo de investigar possíveis obstáculos dos alunos em trabalhar com registros figurais. Os resultados sinalizam a inconsistência de conceitos básicos de geometria plana e dificuldades de os acadêmicos operarem com conversão de figuras geométricas, assim como em encontrar os algoritmos que permitam calcular áreas das subfiguras construídas.

Pojęcie bezpieczeństwa w obowiązującym systemie prawa — kilka refleksji na temat normatywizacji problematyki bezpieczeństwa

THE NOTION OF SECURITY IN THE BINDING LEGAL SYSTEM — A FEW REMARKS ON THE NORMATIVISATION OF SECURITY ISSUES The paper demonstrates that the notion of security is a lawyers’ and not legal concept, and explains why it is so. It also introduces the basic classifications of security understood from both legal and lawyers’ perspectives. In addition to that, the key determinants in the process of normative regulation of security are identified. The paper concludes with the analysis of basic difficulties and threats which can occur when the issue of security is being incorporated into the legal order.

Practice and review of the construction of standardized medical resident training bases for the first batch of residents in Xinjiang

Objective Through investigating the current situation of first national Standardized Medical Resident Training Bases construction in Xinjiang to provide the basis for the administrative department of public health to improve their resident training bases. Methods Selecting standardized training related personnel 133 people of 20 base hospital to conduct a questionnaire survey, and selecting the base hospital leaders, the management staff of functional departments, teachers and residents, a total of 254 people were given in-depth interviews. We conducted data collection mainly around the basic situation of the base hospitals and departments, to understand the basic situation, difficulties and problems of the standardized training of resident doctors in the base hospitals, and suggestions and opinions on the training work. We used χ2 test, Wilcoxon rank test to make statistical analysis. Results Basic conditions of the hospital was not balanced, 70% of the base hospital library number was 10 thousand ~5 million, 75% of the base hospital computer had a volume of less than or equal to 30. There was statistical significance in the difference of the rate of operation between the cases and the skills in the southern/northern region teaching/non pro-fessional teaching base hospital. Teacher level was not balanced, and only 5 hospital teacher training rate was greater than or equal to 80%, which met the national requirements. Enrollment of each department had a rising trend, including the department of pediatrics, psychiatry and other major shortage of profes-sional year by year, the increase in the proportion of 1~2 times. National financial aid was implemented, but lacked local financial input. Conclusion The balanced development of base construction, the continuous improvement of system construction and organization management, the improvement of the teachers' teach-ing and training quality, the improvement of the resident treatment and striving for more national and local financial allocation will be the focus of the construction and development of Xinjiang resident standardized training base. Key words: Resident training; Training base; Survey

Meeting Tomorrow’s Expectations

Today, experts agree that the level of cognitive development of modern young people affects the long-term life goals and outcomes that they set for themselves. During the course of numerous studies experts have identified such key competencies as problem solving, information literacy, and critical thinking. However, there are still many unanswered questions about what the components of these competencies are and how they should be evaluated. The aim of this article is to analyze the above competencies, to identify them within the context of different conceptual approaches, and to evaluate their significance for university graduates and the working population. In conclusion, we examine the basic difficulties encountered when developing tools for assessing the identified core competencies.

Parenting Mistakes as a Factor in Communication Difficulties in Children

Abstract The article investigates the social and cultural nature of impaired communication in preschool children. The author presents the findings of an empiric research into the influence of parenting styles as a trigger of variable communication difficulties in children. The research shows that maternal parenting mistakes (hyper protection, gratification of whims, excessive sanctions, lack of confidence in upbringing abilities, the fear of losing one's child, encouragement of infantilism) and paternal parenting mistakes (hyper protection, insufficient requirements, undeveloped paternal feelings, preference of male traits in a child) cause specific basic, content-related, instrumental and reflective communication difficulties in children. Such mistakes determine non-constructive behavioural forms in communicative situations (aggression, protest, demonstrative behaviour, shyness, conformity).

Investigating Patterns of Errors for Specific Comprehension and Fluency Difficulties

Although word reading has traditionally been viewed as a foundational skill for development of reading fluency and comprehension, some children demonstrate “specific” reading comprehension problems, in the context of intact word reading. The purpose of this study was to identify specific patterns of errors associated with reading profiles—basic reading difficulties (BRD), reading fluency difficulties (RFD), reading comprehension difficulties (RCD), and typical readers (total n = 821). Results indicated significant differences between the groups on most error factors. Post hoc analyses indicated there were no significant differences between the RFD and RCD groups, but these groups demonstrated different patterns of significant weakness relative to typical readers. The RFD group was weaker in spelling and oral expression whereas the RCD group demonstrated difficulties in writing mechanics and listening comprehension. These findings indicate that comprehension deficits cannot be attributed only to fluency difficulties and that specific reading difficulties may translate to other aspects of achievement.

Japanese cultural identity of interpersonal communication in teaching students Japanese dialogue

Introduction. The article is devoted to the problem of teaching Ukrainianspeaking students Japanese dialogue through cultural identity of the Japanese interpersonal communication. In order to satisfy requirements of the current phase of community development in the world in different fields of science and culture there is a strong need in specialists who are able to implement an effective cross-cultural interaction. International contacts make it important for people to put into practice the basic knowledge of sociolinguistics in order to achieve mutual understanding. It is possible if both speakers are well informed about specific verbal and non-verbal communicative means existing in national communities and use them accurately according to a particular situation under certain conditions. Thus, it is necessary to develop students’ readiness and abilities to understand, analyze and use specific Japanese verbal and non-verbal communicative means of behavior due to the context of interpersonal communication with the Japanese. Purpose. The purpose of this research is to study the main components of hierarchical system of the Japanese interpersonal communication and find out its impact on teaching Ukrainian-speaking students Japanese dialogue. Methods. The author explores and analyses the main components of hierarchical system the Japanese interpersonal communication and its impact on teaching Ukrainian-speaking students Japanese dialogue through cultural identity of the Japanese interpersonal communication. The author also provides the main knowledge and skills of an oral speech which are necessary for students to develop their communicative sensibility. Results. In the article the problem of teaching Ukrainian-speaking students Japanese dialogue through cultural identity of the Japanese interpersonal communication is studied, the main components of hierarchical system of the Japanese society are described, the basic difficulties of studying Japanese dialogue for students are outlined, sociolinguistic knowledge and skills necessary for interacting with the Japanese people are suggested. Thus, it is important for the Ukrainian students to know: 1) the way hierarchical system of the Japanese society influences the Japanese speakers’ choice of verbal and non-verbal patterns of behavior under a certain situation; 2) a role that non-verbal means of behavior have in different linguistic styles: formal, informal and neutral; 3) about gender differentiation of Japanese oral speech to recognize its attributes and use them due to gender of a speaker.

Retrospective Basic Parent-Child Communication Difficulties and Risk of Depression in Deaf Adults.

This paper describes the relationship between retrospective communication difficulties and current depressive symptomatology. A total of 143 deaf/hard-of-hearing late adolescents and adults (64 % White; 55 % female) completed questionnaires related to parent communication, language history and current psychological functioning. Logistic regression models were used to estimate the likelihood of having depression that is associated with understanding parents' communication after controlling for gender, hearing level, and language history. Significant odds ratio indicated that the difficulties in understanding basic communication with parents increased the odds of depression symptomatology. The odds ratio indicates that when holding all other variables constant, the odds of reporting depression were at least 8 times higher for those who reported being able to understand some to none of what the same-sex parent said. For the different-gender parent, only the mother's communication with the male individual was associated with depression. Although our study findings suggest that DHH men and women with history of communication difficulties at home are at risk for depression in adulthood, they do not provide information on the causal mechanisms linking communication difficulties early in life and depression later in life. Greater attention should be given to promoting healthy communication between DHH girls and their mothers as well as DHH boys and their fathers, which might reduce the impact on later emergence of depression in the DHH individual.

The Coming Breakthrough in Risk Research

Abstract The paper proposes a novel way to handle the relation between decision theory and uncertainty in the context of policy design. Present risk governance is based primarily on two institutions – insurance markets and public risk governance – supported by a powerful theory: the expected utility approach to risk. New systemic risks like those of nuclear war, pandemics, climate change and global financial breakdowns call for further progress. Such progress is feasible because recent research has developed ways to address the basic difficulties of expected utility without loosing its valuable insights. They involve three major advances. First, to introduce a risk function that generalizes expected utility so as to overcome well-known difficulties like the Allais paradox. Second, to embed expected utility in a framework of iterated network games so as to take into account the social learning processes that are essential for real world risk governance. And third, to accommodate the logic of complementary descriptions called for by the new systemic risks. The coming breakthrough in risk research may best be achieved by bringing these advances to bear on practical efforts aiming at integrated risk governance.

Defining the optimal animal model for translational research using gene set enrichment analysis.

The mouse is the main model organism used to study the functions of human genes because most biological processes in the mouse are highly conserved in humans. Recent reports that compared identical transcriptomic datasets of human inflammatory diseases with datasets from mouse models using traditional gene‐to‐gene comparison techniques resulted in contradictory conclusions regarding the relevance of animal models for translational research. To reduce susceptibility to biased interpretation, all genes of interest for the biological question under investigation should be considered. Thus, standardized approaches for systematic data analysis are needed. We analyzed the same datasets using gene set enrichment analysis focusing on pathways assigned to inflammatory processes in either humans or mice. The analyses revealed a moderate overlap between all human and mouse datasets, with average positive and negative predictive values of 48 and 57% significant correlations. Subgroups of the septic mouse models (i.e., Staphylococcus aureus injection) correlated very well with most human studies. These findings support the applicability of targeted strategies to identify the optimal animal model and protocol to improve the success of translational research.

Analysis of Finite Width Effects of Single-sided Linear Induction Motor Using Hankel Functions

Construction of a prototype Single Sided Linear Induction Motor (SLIM) is not possible taking stator and rotor width to be infinite because the formation of stator winding is not possible without the overhang. Also the current path in the rotor sheet cannot be made of closed type until and unless rotor width is finite. This study takes into account, the finite width effects of both stator and rotor but ignores the discontinuity of the rotor in the longitudinal direction. The finite width effects in a SLIM are analyzed using special mathematical tools such as Hankel Function for faster numerical convergence. The basic difficulty in formulating such problem, based on electromagnetic field theory applications, is to calculate the induced current in the rotor sheet, which is electrically decoupled from the stator winding system. It is also known that currents in the rotor sheet are generally computed, based on the fact that current cannot escape the sheet. Therefore, the divergence of rotor current density being zero calls for introduction of a field quantity “Stream Function”. The present paper uses stream function effectively for tackling the above said difficulty. The results presented in the study are compared with the values of a model with stator and rotor of finite width. Such comparison results can help a designer to decide a finalized value of stator and rotor width.

Evaluation of the Cachazo-He-Yuan gauge amplitude

The Cachazo-He-Yuan (CHY) formula for $n$-gluon scattering is known to give the same amplitude as the one obtained from Feynman diagrams, though the former contains neither vertices nor propagators explicitly. The equivalence was shown by indirect means, not by a direct evaluation of the $(n\! - \!3)$-dimensional integral in the CHY formula. The purpose of this paper is to discuss how such a direct evaluation can be carried out. There are two basic difficulties in the calculation: how to handle the large number of terms in the reduced Pfaffian, and how to carry out the integrations in the presence of a $\sigma$-dependence much more complicated than the Parke-Taylor form found in a CHY double-color scalar amplitude. We have solved both of these problems, and have formulated a method that can be applied to any $n$. Many examples are provided to illustrate these calculations.

Optimization of neural network algorithm of the land market description

The advantages of neural network technology is shown in comparison of traditional descriptions of dynamically changing systems, which include a modern land market. The basic difficulty arising in the practical implementation of neural network models of the land market and construction products is revealed It is the formation of a representative set of training and test examples. The requirements which are necessary for the correct description of the current economic situation has been determined, it consists in the fact that Train-paid-set in the feature space should not has the ranges with a low density of observations. The methods of optimization of empirical array, which allow to avoid the long-range extrapolation of data from range of concentration of the set of examples are formulated. It is shown that a radical method of optimization a set of training and test examples enclosing to collect supplemantary information, is associated with significant costs time and resources for the economic problems and the ratio of cost / efficiency is less efficient than an algorithm optimization neural network models the earth market fixed set of empirical data. Algorithm of optimization based on the transformation of arrays of information which represents the expansion of the ranges of concentration of the set of examples and compression the ranges of low density of observations is analyzed in details. The significant reduction in the relative error of land price description is demonstrated on the specific example of Voronezh region market of lands which intend for road construction, it makes the using of radical method of empirical optimization of the array costeffective with accounting the significant absolute value of the land. The high economic efficiency of the proposed algorithms is demonstrated.

Private Law Exceptionalism? Part I: A Basic Difficulty with the Structural Arguments from Bipolarity and Civil Recourse

Contemporary discussions of private law theory have sought to divine the deep structure and content of private law by reference to two key distinctions. First, the distinction between private and criminal law has been utilized to flesh out the distinctively bipolar structure of private law (and its various departments, namely, property, contract, torts, and unjust enrichment). Second, the distinction between formal and distributive equality has served to highlight the special terms of interaction established in private law. In these pages, I take up the former distinction, arguing that its theoretical significance is overdrawn. I argue that it does not succeed in identifying private law’s precise nature.