Controversial Items Research Articles

Similarity scope of design patent rights

This study examines 55 product designers who have worked for more than four years in the field of design and 60 ordinary consumers in order to individually investigate the similarity in research about design patent rights. The results of this study will be compared with the well-known design patent results of justice judgment in the world, with the goal of understanding whether or not the generally acknowledged scope of design patent rights is the same as that of the judges. The results of this study could produce design patent information to suit both sides, or the judges could provide controversial items for ordinary consumers to identify similar infringements before enacting lawsuits in the future.

Assessment of Nuclear Energy Competiveness Using a Multi-Criteria Fuzzy Approach

In Italy, nuclear power is currently on the agenda of the national government. After abandoning nuclear energy 20 years ago, Italy has not had any direct experience since. Besides its social acceptance and the problem of handling radioactive waste, the economic appraisal of nuclear energy compared to coal and gas is the most controversial item in the current debate on energy resources. Unfortunately, the figures published in the literature comparing the competitiveness of nuclear energy against fossil fuels differ wildly. This inconsistency demonstrates the uncertainties in the evaluation process. This paper develops an approach based on fuzzy-sets to handle the uncertainty of nuclear power costs. The underlying aim is to appraise the economic advantages of nuclear power compared with other traditional energy sources, namely coal and natural gas. Having illustrated the general state of the art of nuclear power in terms of production, installed power and economics, a more detailed evaluation follows to select the most important economic and financial parameters involved in calculating the industrial cost (overnight cost, O&M, fuel, etc.) to then build the fuzzy functions and process them using the fuzzy TOPSIS method in order to obtain a final ranking of alternatives analyzed.

A New Look at the Debate About the Takeover Directive

With a view of the projected revision of the takeover directive, this paper calls attention to some items that would usefully be revised. Especially attention is drawn to the mandatory bid rule, the scope of which should restricted to share acquisitions - and not apply to other control changes, - while company law in general should strictly regulate conflicted transactions, thereby eliminating control premia, and hence the need to proceed to a mandatory bid. Multistate takeover should be reregulated, taking into account the new supervisory structure, esp. ESMA. Also some of the blanks should be filled e.g. on squeeze outs, sell outs, and other specific requirements like “acting in concert”. As to the most controversial item of defensive techniques, a fundamental revision seems unlikely, but one could be considered to allow these techniques, but subject their effectiveness to a qualified vote in the general meeting, the shareholders voting according to the rules applicable before the bid.

Development of probabilistic seismic hazard analysis for international sites, challenges and guidelines

This article provides guidance to conduct a site-specific seismic hazard study, giving suggestions for overcoming those challenges that are inherent to the significant amounts of epistemic uncertainty for sites at remote locations. The text follows the general process of a seismic hazard study, describing both the deterministic and probabilistic approaches. Key and controversial items are identified in the areas of recorded seismicity, seismic sources, magnitude, ground motion models, and local site effects. A case history corresponding to a seismic hazard study in the Middle East for a Greenfield site in a remote location is incorporated along the development of the recommendations. Other examples of analysis case histories throughout the World are presented as well.

Accountability, narrative reporting and legitimation

PurposeThe purpose of this paper is to show how a major public benefit entity in New Zealand uses formal accountability mechanisms and informal reporting to justify its existence. The paper is premised on the view that the accountability relationship for public benefit entities is broader and more complex than the traditional shareholder‐manager relationship in the private sector.Design/methodology/approachThis longitudinal single case study of the Department of Conservation (DOC) spans the period from its establishment in 1987 to June 2006. It involves the detailed examination of the narrative disclosures contained in the annual reports, including the Statement of Service Performance, over the period of the study. A number of controversial items that appeared in the printed media between 1 April 1987 and 30 June 2006 were traced through the annual reports to establish whether DOC used impression management techniques in its annual reports to gain, maintain and repair its organisational legitimacy.FindingsThe analysis found that the annual report of a public benefit entity could play an important legitimising role. Using legitimacy theory, it is argued that assertive and defensive impression management techniques were used by DOC to gain, maintain and repair its organisational legitimacy in the light of extensive negative media publicity.Originality/valueThis is one of the first studies to examine the relationship between narrative disclosures in annual reports and legitimacy in the public sector. The paper provides a valuable contribution to researchers and practitioners as it extends the understanding of how public benefit entities can make use of the narrative portions of the annual report when pursuing organisational legitimacy.

Multisociety Task Force Recommendations of Competencies in Pulmonary and Critical Care Medicine

Numerous accrediting organizations are calling for competency-based medical education that would help define specific specialties and serve as a foundation for ongoing assessment throughout a practitioner's career. Pulmonary Medicine and Critical Care Medicine are two distinct subspecialties, yet many individual physicians have expertise in both because of overlapping content. Establishing specific competencies for these subspecialties identifies educational goals for trainees and guides practitioners through their lifelong learning. To define specific competencies for graduates of fellowships in Pulmonary Medicine and Internal Medicine-based Critical Care. A Task Force composed of representatives from key stakeholder societies convened to identify and define specific competencies for both disciplines. Beginning with a detailed list of existing competencies from diverse sources, the Task Force categorized each item into one of six core competency headings. Each individual item was reviewed by committee members individually, in group meetings, and conference calls. Nominal group methods were used for most items to retain the views and opinions of the minority perspective. Controversial items underwent additional whole group discussions with iterative modified-Delphi techniques. Consensus was ultimately determined by a simple majority vote. The Task Force identified and defined 327 specific competencies for Internal Medicine-based Critical Care and 276 for Pulmonary Medicine, each with a designation as either: (1) relevant, but competency is not essential or (2) competency essential to the specialty. Specific competencies in Pulmonary and Critical Care Medicine can be identified and defined using a multisociety collaborative approach. These recommendations serve as a starting point and set the stage for future modification to facilitate maximum quality of care as the specialties evolve.

In Praise of Mark to Management: The Need for Three-Dimensional Accounting

There are frequent public debates over appropriate accounting standards. The political battle over fair value accounting is a case in point. For many of the 'toxic' assets at issue, there are material differences between the historic cost, the 'market' price, and management’s internal estimate of the value of the asset. There are advantages and disadvantages to each of these valuation conventions. Historic cost is easy to measure, but may drastically overstate the value of an impaired asset. The 'market' price, even in an 'active' market, may be more a reflection of a market panic or bubble rather than a best estimate of the intrinsic value of the security. Market prices may be efficient but they are not necessarily accurate. Indeed, it is ironic that the 'markets are perfect' meme has infected accounting policy just as academic researchers are coming to grips with the real imperfections of markets. Unfortunately, management estimates alone are no solution in times of bubbles and panics as such estimates are subject to manipulation. Focusing on only one of these numbers commits the statistical sin of throwing out useful information. A good statistician would use all of the available data points and weight them according to their precision. Alas, we do not usually have reliable estimates of the precision of various value estimates. However, this does not mean that we should throw out information that is very useful to the consumers of financial statements. Indeed, just knowing that the historical cost, and the 'market' price are different is extremely useful information to the investor regarding the outcomes of past management activities and sheds light on the precision of valuation. Similarly, seeing the difference between management’s reported value and other observations is also useful. Thus, investors are better served providing all of these values in an easily accessible format. We need to move towards three dimensional accounting that gives the users of financial statements easy access to all three dimensions of value: historic cost, market value, and model values. Traditional accounting anoints one of these dimensions and elevates it to the balance sheet, relegating the other dimensions, at best, to an obscure footnote disclosure. It is often a tedious manual process for a skilled analyst to adjust the reported numbers to take into account the information in the footnote. XBRL can give users of financial statements easy access to all three dimensions of value. With the proper tagging of balance sheet items, investors can easily choose whatever value dimension they want as well as examine differences between them. In this way investors can obtain the additional perspective that a three-dimensional view gives rather than one static dimension. With all of the information tagged in a computer-friendly manner, user-friendly software will make it simple for users to choose their preferred valuation metrics and adjust the information in any way they desire. They will be able to instantly compare companies using comparable decisions about appropriate accounting treatment of controversial items.

Francophonie albertaine et inclusion des nouveaux arrivants: post mortem à un débat sur un changement de nom

On October 13th, 2006, a controversial item appeared on the agenda of the Annual General Meeting of ACFA : a name change for this organization, the official representative of Francophones in Alberta. Discussions prior to the vote revealed the substantial problems the organization is facing in creating a sense of community among Francophones in the province.

Cavernous Sinus Resection for Skull Base Malignancies

Cavernous sinus resection for malignancy is a highly controversial item in skull base surgery. Over the 30 years during which this technique has been employed by the skull base surgery team at the UC Davis Medical Center, more than 30 resections of this area have been preformed. During this time, a considerable number of modifications both in technique and indications have been used. This report outlines our current approach as far as indication, investigation, and technique are concerned and present our results and complications.

A Comparative Analysis of Trust-Enhanced Recommenders for Controversial Items

A particularly challenging task for recommender systems (RSs) is deciding whether to recommend an item that received a variety of high and low scores from its users. RSs that incorporate a trust network among their users have the potential to make more personalized recommendations for such controversial items (CIs) compared to collaborative filtering (CF) based systems, provided they succeed in utilizing the trust information to their advantage. In this paper, we formalize the concept of CIs in RSs. We then compare the performance of several well-known trust-enhanced techniques for effectively personalizing the recommendations for CIs versus random items in the RS. Furthermore, we introduce a new algorithm that maximizes the synergy between CF and its trust-based variants, and show that the new algorithm outperforms other trust-based techniques in generating rating predictions for CIs.

Human reconsolidation does not always occur when a memory is retrieved: The relevance of the reminder structure

Memory reconsolidation is defined as a process in which the retrieval of a previously consolidated memory returns to a labile state which is then subject to stabilization. The reminder is the event that begins with the presentation of the learned cue and triggers the labilization-reconsolidation process. Since the early formulation of the hypothesis, several controversial items have arisen concerning the conditions that define reconsolidation. It is herein proposed that two diagnostic features characterize reconsolidation, namely: the labilization of the reactivated memory and the specificity of the reminder structure. To study this proposal, subjects received two different training sessions on verbal material on Day 1 and Day 2, respectively. Finally, they were tested for the first and second acquired memories on Day 3. It is demonstrated that the human declarative memory fulfills the two requirements that define the process. First, the reactivated memory is impaired by a new learning only when it is given closely after the reminder, revealing that the memory is labilized. Second, the omission of at least one of the reminder’s components prevents labilization. Therefore, results show that the new learning fails to produce an amnesic effect on the target memory either when the reminder omits the learned cue or includes the beginning of the reinforcement.

Undifferentiated Perivascular Cells in Myxoid Mesenchymal Tumors: An Ultrastructural Study

The current WHO classification of soft tissue tumors is based on the lineage of differentiation of the proliferating cells. Since mature mesenchymal cells have a broad phenotypic plasticity it has been considered unnecessary to recur to a hypothetical stem cell to explain the origin of these neoplasms. In spite of this assumption, the target cell of the oncogenic mutations in mesenchymal tumors is still a controversial item. Myxoid mesenchymal tumors constitute a heterogeneous group of neoplasms sharing in an ample mucinous matrix that separates neoplastic cells and facilitates their single submicroscopic study under electron microscopy examination. The authors have studied, by electron microscopy, 74 myxoid mesenchymal tumors, including a large variety of nosologic entities, to assess their madurational gradient. In 43 of 74 cases, a common element has been found: medium-sized cells, with high nucleo-cytoplasmic ratio, lacking lineage specific features, which were arranged around the capillary vessels. In some cases, the authors were able to demonstrate gradual differentiation in these cells, as they moved away from the vessels. These features support the hypothesis that at least some mesenchymal tumors originate from perivascular undifferentiated cells. In addition, the findings might contribute to define both topographic and morphologic characteristics of adult stem mesenchymal cells.

Time to consensus: the effect of the stomach on consensus decision-making at large conferences

The factors affecting decision-making at consensus conferences are not well understood. This paper studies the complex association between time to consensus (TTC) and the timing and quality of food, as well as the self-reported level of frustration (PITA factor) with the question at hand. We came, we saw, we ate. There was an association between the TTC and the time to eating, especially lunch. There was a trend to faster TTC the better the researchers rated the food. The speed of decision-making was also increased when the PITA score was high, especially late in the day. Organizers of large consensus conferences need to be aware of these factors in decision-making and should try to use them to get more controversial items voted to their satisfaction.

Social dialogue in the European construction industry

Compared to other industries it is relatively easy to define the social partners in the construction industry at European level. In general there is a relatively homogenous definition of what belongs to the sector all over Europe. The production-chain, based on site production combined with a triangle of subcontracting and supply, leads to certain problems of demarcation with for instance the chemical industry or with the wood industries, but this has not lead to great competition with other industry federations either on the employers’ side or on the unions’ side. Industrial relations in construction can be characterised by certain mutually shared worries or concerns that serve as fields for cooperation as well as items for potential conflict. Compliance with agreements, liability in the social field in the production chain, coordination of health and safety on site, competition, quality and craftsmanship are all features in this sector. This has lead to an environment for industrial relations where discontinuity, the loss of skilled labour and of craftsmanship and a poor image of the industry are central worries to be dealt with strategically as well as in day-to-day business and discussions between the social partners. Among the more peaceful items we can list health and safety, vocational training, the image of the industry, social provisions and social funds that guarantee allowances (such as holiday or bad weather payments) for workers and contribute to the necessary continuity on the labour market. More controversial items are job security, the organisation of work, working time, social liability, subcontracting practices, wages and other primary labour conditions. Relatively new on the scene are the introduction and use of new technologies, life long learning, environmental issues and the globalisation of the market. However, most construction companies are still working in regional domestic markets.

Zur Entstehung des Augsburger Interims 1547/48

The contribution is connected to earlier research by the author (Reichsbund und Interim. Die Verfassungs- und Religionspolitik Karls V. und der Reichstag von Augsburg 1547/48, Koln, Wien 1971) and takes it farther by means of the critical incorporation of editions and discussions that have appeared more recently. The focus of the study is upon the history of the rise of the Interim within the framework of the religious politics of Charles V during 1547-48, which because of the extraordinarily difficult state of the sources bas only been partially clarified. More far-reaching historical aspects of theology, by contrast, are only summarily treated. The most important results of the essay are as follows: 1. The Interim that Charles V carried through the Diet of Augsburg was an attempt at a temporary seulement between the religious parties in Germany expiring definitely after the Council of Trent would have solved all controversial items. The unity of the church within the Empire was thereby to be preserved or achieved again, and at the saine time the outward pence in Germany assured. Charles V wished to see guaranteed the essentials of the Roman Church - whatever might pertain to them. Nevertheless, the Interim made substantial concessions to the Protestants, in teaching just as in ceremonies and ecclesiastical order (the marriage of priests, lay reception of the chalice). Thus, the Interim stood in close continuity with the religious politics of Charles V after 1530. In contrast, the specifically new aspects of the imperial politics of religion consisted above all of the close unity between this attempted settlement between the religious parties and the effort at intra-ecclesiastical reform. This tie informed the first draft of the Interim late in 1547 and showed itself finally in the proximity of the Interim and the Formula reformationis of June 1548. To this may be added the high personal engagement that the Emperor was able to bring to bear as a result of his enormously increased political authority after the Schmalkaldic War. Yet Charles V tried very effectively to restrict as much as possible outward awareness, especially in the publicity surrounding the Imperial Diet, of the dominant influence that he exerted on the shaping of the Interim. That seems initially surprising but had its good reasons: above all, the Emperor strove to counter the reproach that he attempted to be an authoritarian universal monarch, at the expense of the imperial estates - and also at the expense of Pope and council. 2. The Interim politics of Charles V. was severely contested from the beginning, and not only among the religious parties at the Imperial Diet, but also at court among the closest advisors of the Emperor. Above all, Pedro de Soto, the confessor of Charles V, pleaded for an unyielding Counter-Reformation course for the imperial politics of religion, while Nicolas Perrenot de Granvelle, the foremost advisor of the Emperor, represented an ecclesiastically mediating and at the same time more pragmatic position. The controversy was fundamental; it remained virulent throughout the imperial Diet, and left personal bitterness in its wake. Charles V finally made an end to the strife in August 1548, when he dismissed his confessor. The decisions in religious politics made by the Emperor continued to arise out of these conflicts. This could well explain the fundamental decision that the Emperor took in rejecting the uncompromising anti-Reformation draft of his first Interim commission in December 1547 and the appointment of a new commission under the leadership of the Bishop of Naumburg, Julius Pflug, who was inclined toward a conciliatory theological position. The Interim policy of Charles V was far more filled with tension than it appears in most historical presentations. 3. Conditioned by the strongly political - not only ecclesiastical - tensions between Charles V and Pope Paul III, in 1547-48 the Emperor completely excluded the Pop

Controversy and consensus regarding the use of cognitive ability testing in organizations.

Seven hundred three members of the Society for Industrial and Organizational Psychology indicated agreement or disagreement with 49 propositions regarding cognitive ability tests in organizations. There was consensus that cognitive ability tests are valid and fair, that they provide good but incomplete measures, that different abilities are necessary for different jobs, and that diversity is valuable. Items dealing with the unique status of cognitive ability were most likely to generate polarized opinions. A 2-factor model, classifying items as those reflecting societal concerns over the consequences of ability testing and those reflecting an emphasis on the unique status of "g," fit the data well, and these factors proved especially important for predicting responses to the more controversial items.

Comment on�"On the relationship between the entropy and enthalpy of interfacial segregation" by L. Rubinovich and M. Polak

The paper of L. Rubinovich and M. Polak [Eur. Phys. J. B 22, 267 (2001)] contains some controversial items. The notation “excess” in connection with various thermodynamic quantities describing solute segregation on the basis of the Langmuir-McLean isotherm is used in a meaning contradictory to general thermodynamics. The approach used to interpret the linear relationship between segregation entropy and enthalpy results in rather strange conclusions. These items are discussed, and it is shown how a formulation with standard terms is in accordance with general thermodynamics.

Recent changes in residency requirements for pediatrics: who agrees?

The purposes of this study were to determine the opinion of private and academic pediatricians about changes in pediatric residency requirements proposed by the Residency Review Committee (RRC) in October 1994 and to compare the results with the requirements finalized in February 1996 and implemented in February 1997. Surveys were mailed to all Fellows of the American Academy of Pediatrics in South Carolina. Those surveyed were asked to agree or disagree with 57 proposed changes. The level of agreement among all groups of pediatricians was very high; however there were significant differences between groups of pediatricians. Many controversial items were modified or deleted in the final version.

Reconstruction and augmentation patients' reaction to the media coverage of silicone gel-filled implants: anxiety evaluated.

Media coverage tends to focus on sensational aspects. Especially prominent are controversial items related to public health and well-being. This research examined the response by breast-reconstruction and breast-augmentation patients to extensive media coverage regarding silicone gel-filled implants. Results of our survey suggested that media coverage influenced these women. Common concerns expressed by respondents included autoimmune disease, capsular contracture, leakage, increased risk of cancer, and anxiety. All respondents used consultation with their physicians as a primary means of coping with anxiety. Anxiety over media coverage led to some hesitancy concerning use of implants by surveyed patients. Patients who experienced difficulty with their reconstruction noted more anxiety associated with media coverage.

At the Electricity Resource Bazaar: Lessons from Case Studies of Integrated Bidding in New York

This article evaluates the integrated bidding programs of two utilities in New York state: Niagara Mohawk and Consolidated Edison. Both programs involve DSM as well as supply resources. In terms of ratepayer benefits, bid prices for winning projects compare favorably 10 each utility's alternative supply options and to prices obtained by other utilities. In terms of project viability, beth utilities experienced problems that could undermine the confidence of private developers in bidding processes. In terms of fairness, controversial items were NMPC's handling of its own plant refurbishment project and of DSM bids made by energy service companies and Con Edison's threshold and eligibility requirements for DSM bidders. To avoid these and other pitfalls, utilities and regulators are encouraged to offer separate solicitations for supply and demand-side and to consider a preferred resources approach to resource acquisition.