Minimum Level Of Competence Research Articles

Going for the Blue Ribbon: The Legality of Expert Juries in Patent Litigation

In “Going for the Blue Ribbon: the Legality of Expert Juries in Patent Litigation”, the author discusses the legality and practicality of employing “blue ribbon” – i.e. expert – juries in certain patent litigation. The use of such juries, it is argued, would reduce the arbitrariness of and restore fairness to the adjudicative process in light of the complex technical and scientific issues frequently encountered in patent litigation. The author demonstrates how these special juries would resolve the tension between two competing constitutional guarantees: the right to a trial by jury, under the Seventh Amendment, and the right to due process (and a minimum level of juror competency implied by such right), under the Fifth Amendment. It is even suggested that there may be a constitutional obligation to provide a sufficiently skilled jury in patent cases. The note then addresses potential legal barriers to blue ribbon juries – particularly the “fair cross section requirement” for juries under the Equal Protection Clause – and presents case-law and demographic evidence demonstrating how these barriers could be overcome. Finally, the author examines the practical considerations of employing blue ribbon juries, concluding that the federal court system could accommodate such a measure through its existing infrastructure, and that sufficient jurors could be obtained from society’s pool of “experts”.

The user's mental model of an information retrieval system: an experiment on a prototype online catalog

An empirical study was performed to train naive subjects in the use of a prototype Boolean logic-based information retrieval system on a database of bibliographic records. The research was based on the mental models theory which proposes that people can be trained to develop a ‘mental model’ or a qualitative simulation of a system which will aid in generating methods for interacting with the system, debugging errors, and keeping track of one's place in the system. It follows that conceptual training based on a system model will be superior to procedural training based on the mechanics of the system. We performed a laboratory experiment with two training conditions (model and procedural), and with each condition split by sex. Forty-three subjects participated in the experiment, but only 32 were able to reach the minimum competency level required to complete the experiment. The data analysis incorporated time-stamped monitoring data, personal characteristics variables, affective variables, and interview data in which subjects described how they thought the system worked (an articulation of the model). As predicted, the model-based training had no effect on the ability to perform simple, procedural tasks, but subjects trained with a model performed better on complex tasks that required extrapolation from the basic operations of the system. A stochastic process analysis of search-state transitions reinforced this conclusion. Subjects had difficulty articulating a model of the system, and we found no differences in articulation by condition. The high number of subjects (26%) who were unable to pass the benchmark test indicates that the retrieval tasks were inherently difficult. More interestingly, those who dropped out were significantly more likely to be humanities or social science majors than science or engineering majors, suggesting important individual differences and equity issues. The sex-related differences were slight, although significant, and suggest future research questions.

Portfolio Assessment in Aerodynamics

AbstractA new way of assessing student learning in an aerodynamics course through the use of portfolios is presented. The approach is portable to any engineering course, with a few modifications depending on content.The main idea is to allow students more responsibility for their own learning. Instead of having everyone in the class perform identical activities (homework, experiments, projects, tests, etc.), a cadre of assignments is made available to them. Students choose and perform (within reason) the ones that suit them better in terms of their own strengths and learning styles. The ultimate goal is for each student to demonstrate a minimum level of competence in analytical, computational, experimental, design, communication, and team skills, while pursuing excellence in at least one from the first four categories.The paper describes the various assignments and options the students have for achieving the learning objectives of the course. It also discusses my observations on the effects of this approach to student learning, the impact on faculty time, and the response from the students. The results from the first two offerings of the course with portfolios show promise for improving student motivation and learning.

Staff development in pharmacist-conducted patient education and counseling.

A staff development program designed to improve pharmacists' counseling skills and to allow participants to achieve a minimum level of competence in counseling is described. The pharmacy service at a Department of Veterans Affairs medical center selected a workshop emphasizing the principles of the Indian Health Service (IHS) interactive counseling technique as the basis for a training program for staff pharmacists. The program was expanded to meet the pharmacy's counseling training needs. Handouts on 70 of the most frequently prescribed outpatient medications; administration techniques for oral and nasal inhalers and ophthalmic agents; and 32 common diseases were included in training manuals. Seven standard cases were developed for role-playing sessions, the purpose of which was to increase pharmacists' level of confidence in using the IHS technique and in counseling patients about common diseases and medications. Each pharmacist's counseling technique was assessed by a facilitator. Knowledge of commonly prescribed medications was assessed by an open-book written examination. The pharmacists' self-reported level of confidence in counseling patients about common diseases and medications was significantly improved after the training program. A counseling training program enabled pharmacists to achieve a minimum level of competence in counseling and increased their confidence in their counseling skills.

Outcomes Assessment in Engineering Education

AbstractOutcomes assessment is a method for determining whether students have learned, have retained, and can apply what they have been taught. Assessment plans have three components: a statement of educational goals, multiple measures of achievement of the goals, and use of the resulting information to improve the education process. The results of outcomes assessment are part of a feedback loop in which faculty are provided with information that they can use to improve both their teaching and student learning. The experience of the Department of Chemical Engineering at West Virginia University is used as an example of how an assessment plan is developed and implemented. Examples of multiple measures of student learning outcomes and how the resulting information is used are presented. The resulting feedback loop allows for corrections to be made in specific classes if deficiencies are found, and indicates when remedial action should be taken to ensure that students do not graduate until a minimum level of competency is achieved.

Teaching ophthalmology to primary care physicians. The Association of University Professors of Ophthalmology Education Committee.

The evolution of our health care system toward managed care has placed primary care "gatekeeper" physicians in a position where they must examine and treat patients with diseases that are ordinarily treated by medical and surgical subspecialists. Many of these physicians may be poorly prepared to accept this new responsibility. The Association of University Professors of Ophthalmology (AUPO) has published a Policy Statement on Medical Student Education that suggests the minimum level of competence expected of general physicians when dealing with ophthalmologic problems. A recent survey of directors of residency programs in family practice, internal medicine, and pediatrics revealed that the training of primary care physicians (as opposed to academicians or subspecialists) has become a nearly universal programmatic goal. Most program directs believe that less than half of their residents meet the AUPO standard at the completion of medical school, and a significant minority do not meet the AUPO standard at the completion of their residency. An overwhelming majority of program directors believe that additional training in ophthalmology and other subspecialties should be incorporated into the training programs of primary care physicians. Ophthalmologists and other subspecialists should develop programs at the medical student level directed toward the education of primary care physicians, and should participate in the training of primary care physicians, as well as their own subspecialty residents. In the future, the primary care physician must be considered part of the "eye care team." Enhancing the ophthalmologic education of primary care physicians is in the best interest of quality patient care.

AP Biology: An Alternative Laboratory Approach

Research Article| April 01 1993 AP Biology: An Alternative Laboratory Approach Doug Lundberg Doug Lundberg Search for other works by this author on: This Site PubMed Google Scholar The American Biology Teacher (1993) 55 (4): 213–215. https://doi.org/10.2307/4449635 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Doug Lundberg; AP Biology: An Alternative Laboratory Approach. The American Biology Teacher 1 April 1993; 55 (4): 213–215. doi: https://doi.org/10.2307/4449635 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentThe American Biology Teacher Search This content is only available via PDF. Copyright 1993 National Association of Biology Teachers Article PDF first page preview Close Modal You do not currently have access to this content.

Sonography-Guided Thoracentesis-Reply

In Reply. — Burdge raises the issue of whether our study's 1 results were actually due to variability and not only to differences in technique. Because our study was designed to determine the differences in complication rates between three different methods of performing thoracentesis, we cannot specifically comment on the effect of interperformer variability. The house officer group performing the ultrasound method was different from the group performing the needle-only and the needle-catheter techniques (radiology house officers vs medicine house officers). Because we could not completely control for level of expertise of each house officer, we set a minimum level of competency that each house officer in either group had to demonstrate. Burdge also questions if the method used in establishing competency is sufficient. It is difficult to answer this question because there have been no studies that have determined the number of observed thoracenteses a physician must perform

The user's mental model of an information retrieval system: an experiment on a prototype online catalog

An empirical study was performed to train naive subjects in the use of a prototype Boolean logic-based information retrieval system on a database of bibliographic records. The research was based on the mental models theory which proposes that people can be trained to develop a “mental model” or a qualitative simulation of a system which will aid in generating methods for interacting with the system, debugging errors, and keeping track of one's place in the system. It follows that conceptual training based on a system model will be superior to procedural training based on the mechanics of the system. We performed a laboratory experiment with two training conditions (model and procedural), and with each condition split by sex. Forty-three subjects participated in the experiment, but only 32 were able to reach the minimum competency level required to complete the experiment. The data analysis incorporated time-stamped monitoring data, personal characteristics variables, affective variables, and interview data in which subjects described how they thought the system worked (an articulation of the model). As predicted, the model-based training had no effect on the ability to perform simple, procedural tasks, but subjects trained with a model performed better on complex tasks that required extrapolation from the basic operations of the system. A stochastic process analysis of search-state transitions reinforced this conclusion. Subjects had difficulty articulating a model of the system, and we found no differences in articulation by condition. The high number of subjects (26% ) who were unable to pass the benchmark test indicates that the retrieval tasks were inherently difficult. More interestingly, those who dropped out were significantly more likely to be humanities or social science majors than science or engineering majors, suggesting important individual differences and equity issues. The sex-related differences were slight, although significant, and suggest future research questions.

Critical performance analysis of rotating resident doctors in Iraq.

The present study was undertaken to evaluate the competence of rotating residents in handling clinical problems, falling under the purview of the major clinical disciplines, which they come across during their routine work. Three hundred and one rotating residents (55% of the total) who graduated in June 1981 from the four universities of Iraq, namely, Mustansiryia, Basrah, Mosul and Baghdad, and were currently undergoing their residency posting in the various hospitals of Iraq were selected for the study. Two approaches were used to assess the level of competence: first, on the basis of the resident's responses to fifty simulated patient-management problems and, secondly, their critical performance in patient care adjudged by their respective supervisors. A minimum passing level (MPL) was fixed for patient management problems (PMP). The score for the consultant's observations could range from -70 to +100 to represent the very poor and the very good performance. Only 2% of the residents were found to have reached the minimum pass level of competence taking their overall performance in the various disciplines. No significant variation in performance was observed in relation to the university of graduation. None of the residents could reach the MPL in the case of obstetrics and gynaecology. In the case of medicine and medical emergency the findings were almost similar. The residents put up a much better performance in orthopaedics and paediatrics (45.0% and 27.5% respectively). According to the supervisors' assessment nearly two-thirds of the residents secured at least 50% of the maximum score. The study underscores the need to redefine our educational objectives specifically, with aim of developing competences at a defined level in the learner befitting the needs of the health system through a competency-based curriculum.

Performance of students differing in farm experience using minimum competence level testing

Performance of students differing in farm experience using minimum competence level testing

An instructional resource center in a senior dental clinic

This paper describes the development of an instructional materials resource center designed specifically for senior dental students. The resource center is located on the clinic floor near the students' operatories. Development of the resource center began with a needs assessment involving 60 dental students and faculty from the General Practice Department. A pilot series of six slide-tape programs, developed to determine the best format for subsequent materials, was field-tested with senior dental students. The students exceeded the field test minimum competency level of 80 percent on each of the pilot programs. Students using a self-instructional format outperformed students who received a version without standard self-instructional elements on five of six tests; the differences were statistically significant on three tests. Cost-effective production techniques have reduced the development cost of subsequent programs to below a hundred dollars per program. Twenty programs were completed in the 1981-82 academic year.

Voluntary Maintenance of Professional Development

The mandatory or voluntary concept for continuing professional development for license renewal is discussed. The question: As a requirement for license renewal should legal procedures be established requiring a minimum level of competency of registered engineers and land surveyors? The ASCE Board of Direction, at this time, recognizes that the very controversial concept of mandatory continuing education is unacceptable to most civil engineers. Most engineering registration boards reject the mandatory concept. Reasons are cited. Conferences and surveys sponsored by ASCE and extensive study by the ASCE Committee on Registration of Engineers reflects the Board's concern. However, the Iowa Legislature, in the late spring of 1977, passed the first law in our country requiring the State registration board to implement a program requiring continuing education as a condition of license renewal.

LITERACY AND THE CONSUMER

There is an increasing need for a minimum level of functional competence on the part of consumers and citizens. People must for the sake of their own, their families' and their communities' well‐being be able to read and understand information, 60% of which is communicated in print. They must also be able to decode and follow instructions and labelling, and above all react appropriately to warnings. In all parts of the world there is a growing recognition that reading can provide the key to consumer competence, and that the desire for such competence is often a major motivation in seeking out literacy.Unfortunately, much of the information imparted by governments, industries and the professions cannot be absorbed by the majority of people because it is not expressed in ways and terms which they can generally understand. This paper examines some of the failures in consumer communications, which particularly affect those of low reading ability, and points the way to improvement.

Using a competency-based program to assess interviewing skills of pediatric house staff.

A program has been initiated to assess objectively the interviewing skills of pediatric house staff. Each entering house staff member interviews and is evaluated by a nonphysician mother who presents the medical history of her child. Remedial instruction is provided for all who do not perform in accordance with established minimum criteria. As a result of this competency-based program, all house staff members are now known to have attained at least a minimum level of competence in interviewing technique.

A realm of caveat emptor

Consumerism has progressed rapidly in some areas, not at all in others. The struggle to have accurately and openly labeled as to price, quantity, and quality, continues to be urged on many fronts. Strategies pursued include consumer education, as well as surveillance of provider of goods and services. An exceedingly costly product consumed each year by various private and public employers is the college graduate. A premium price must be paid to fill vacancies with college graduates, but it is virtually impossible to obtain reliable information about skills and qualities of available graduates. Probably no group is deceived more often regarding the qualities of a product than those who must hire on the basis of degrees and transcripts provided by our colleges and universities. In this market the buyer must surely beware. Honest labeling regarding the achievements of the student to whom a degree has been granted is virtually unknown. The acquisition of a bachelor's degree carries nothing in the way of assurance regarding a minimum level of knowledge or intellectual skills. Likewise, the listing of a course on a student's transcript guarantees the employer nothing concerning the student's competence in the subject. In this realm the consumer is not assured satisfaction guaranteed, or your money back. One can anticipate objections to the viewpoint that college graduates are products created or refined for employers. Although obviously all concerned fondly hope that the college experience does much more than render an individual employable, this outcome still looms large in the eyes of many students, their parents, and employers. Studies of motivations for college attendance indicate the prominence of occupational objectives, especially in the case of first generation collegians. And the frequency with which a college degree-often in a specific field-is part of job specifications strongly suggests a belief that something useful (from an employer's perspective) is occurring during a four year sojourn at college. Those persons presumably in the best position to provide useful information regarding the output of our colleges and universities are our faculty members. As one responsibility the faculty always has observed the students' performance in their courses, and appraised the quality of their work. Those students failing to meet a minimum level of competence were to be failed with no credit. Thus, the

Competency-Based Accounting Instruction

Abstract By reporting (1) differences in entering behaviors-student background information and pretest scores, (2) differences in the amount of time requred for each student to move through the system, and (3) results of posttest devices, an attempt is made to show that the proposed model can be used effectively to produce a course in accounting principles which adapts to these different entering competencies and to different rates and styles of learning. The results show that 100 percent of the students mastered the principles covered in unit three at a minimum competence level as shown by posttest instruments when they were given time and different materials as needed. After feedback was obtained and the necessary revisions made, the competency-based system was also implemented in the winter terms of 1975 and 1976. Again, the results were equally positive. Because of this initial study and the use of the model in succeeding terms, there is a growing acceptance of the fact that this type of instruction c...

MEDICAL LICENSURE: A COMPARATIVE VIEW.

As a lawyer engaged in legal education, I bring to this symposium the perspective of another profession and a citizen's concern about our health services. I begin with the point that the objective of a professional licensure system is to further the public welfare by the use of a public mechanism to assure a minimum level of competence of those engaged in professional activity. Of course, there is the substantial secondary purpose of maintaining conformity to professional standards, through the power of license revocation or suspension. A rather conspicuous development has been the proliferation of state laws the country over relative to licensing in various occupations which would not be classified as professional. It is my observation that an important consideration in much of this regulation has been the protection of persons we may describe as the ins, those already engaged in the activity. It is likely that in the