Principles Of Remediation Research Articles

Enhanced Ongoing Royalties: The (Sometimes) Inequitable Equitable Remedy

Since the Supreme Court’s 2006 decision in eBay v. MercExchange, courts in patent infringement cases have haphazardly assessed ongoing royalties after denying injunctive relief. Some courts have concluded that ongoing royalties should be set at compensatory levels, and others have set ongoing royalties at supracompensatory levels. In large part, this inconsistency stems from courts’ failures to evaluate traditional remedial principles, resulting in a disagreement about whether ongoing royalties should account for the defendant’s switching costs or the willfulness of the defendant’s future infringement.This article attempts to answer these questions. In doing so, it first examines the reasons that courts typically deny injunctive relief, looking to cases both in patent law and in other property contexts. It suggests that, in many cases, concerns for patentee opportunism underlie the denial of injunctive relief. The article then evaluates courts’ reasons for preferring ongoing royalties over other solutions, such as lump-sum damages or leaving the patentee to file another lawsuit after the defendant’s future infringement. Using insights gleaned from these rationales, this article argues that switching cost considerations and willfulness enhancements are usually improper components of an ongoing royalty, especially where opportunism concerns prompt the denial of the injunction.

Cognitive remediation: potential novel brain-based treatment for bipolar disorder in children and adolescents.

Bipolar disorder (BD) is among the most impairing psychiatric disorders affecting children and adolescents, despite our best psychopharmacological and psychotherapeutic treatments. Cognitive remediation, defined as a behavioral intervention designed to improve cognitive functions so as to reduce psychiatric illness, is an emerging brain-based treatment approach that has thus far not been studied in pediatric BD. The present article reviews the basic principles of cognitive remediation, describes what is known about cognitive remediation in psychiatric disorders, and delineates potential brain/behavior alterations implicated in pediatric BD that might be targets for cognitive remediation. Emerging data show that cognitive remediation may be useful in children and adults with schizophrenia, ADHD, and anxiety disorders, and in adults with BD. Potential targets for cognitive remediation in pediatric BD include face processing, response inhibition, frustration, and cognitive flexibility. Further study is warranted to determine if cognitive remediation for these targets, or others, may serve as a novel, brain-based treatment for pediatric BD.

Numerical prediction of diffusion and electric field-induced iron nanoparticle transport

Zero valent iron nanoparticles (nZVI) are considered very promising for the remediation of contaminated soils and groundwaters. However, an important issue related to their limited mobility remains unsolved. Direct current can be used to enhance the nanoparticles transport, based on the same principles of electrokinetic remediation. In this work, a generalized physicochemical model was developed and solved numerically to describe the nZVI transport through porous media under electric field, and with different electrolytes (with different ionic strengths). The model consists of the Nernst–Planck coupled system of equations, which accounts for the mass balance of ionic species in a fluid medium, when both the diffusion and electromigration of the ions are considered. The diffusion and electrophoretic transport of the negatively charged nZVI particles were also considered in the system. The contribution of electroosmotic flow to the overall mass transport was included in the model for all cases. The nZVI effective mobility values in the porous medium are very low (10−7–10−4cm2V−1s−1), due to the counterbalance between the positive electroosmotic flow and the electrophoretic transport of the negatively charged nanoparticles. The higher the nZVI concentration is in the matrix, the higher the aggregation; therefore, low concentration of nZVI suspensions must be used for successful field application.

English

This study aims to develop certain perspectives based on the principle of on-site remediation of the soil through biological means known as "bioremediation" against soil pollution issues resulting from fuel contamination in our country and to reveal the fatty acid profile in the final soils. The fatty acid profile of the soils was pointed out by testing the activity of three basic bioremediation applications (biological multiplication, biological excitation and the combined application of these two approaches) established in the laboratory condition. Under biological multiplication applications, six of the selected bacterial strains (Pseudomons aeruginosa, Pseudomonas putida biotype A, Citrobacter amalonaticus-GC subgroup A, Acinetobacter genomospecies) exhibit the highest growth in crude oil environment isolated from oil-contaminated soils of Adana, Batman and Adıyaman, and they also have the highest levels of crude oil degradation. Under biological excitation applications, the organic materials being humic-fulvic acid and, in combined applications, different combinations of bacteria mixture and organic materials were examined as to the amount of crude oil they degrade in an incubation period of 120 days by qualitative hydrocarbon-type analyses. The highest level of oil degradation, being 56%, occurred under biological multiplication applications where the bacteria mixture was applied. Under biological excitation conditions where various organic materials were applied to the contaminated soil, degradation to 18% was observed. In combined applications, oil degradation was achieved to 30%. The most common fatty acids were found to be 15:0 iso, 15:0 anteiso, 16:0, 16:1 w7c, 17:0ai, 18:2w6,9 and 18:1w9c fatty acids detected in both unpolluted and oil-contaminated soils. Determination of high level 18:1w9c fatty acid in oil contaminated and clean soils may indicate the presence of Pseudomonas spp. However, fatty acid 15:0 anteiso was determined to be higher in oil-contaminated soils than in unpolluted soils. It may be explained that Gram positive bacteria were predominant in oil-contaminated environment.   Key words: Soil, crude oil, bacteria, bioremediation, phospholipid fatty acids analysis-fatty acid methyl ester (PLFA-FAME).

Research of Geological Environment Remediation and Reconstruction of Coal Mining Area in Western of Shijiazhuang City, China

Improper exploitation of mine would lead to a series of geological disasters, such as surface subsidence, collapse, landslide, debris flow, water pollution, earthquake and etc., the results would endanger the safety of life and property, and caused serious economic losses to the state. As a case of Jiazhuang coal mining area of western of Shijiazhuang City based on the ecological problems, on the basis of PSR model, mine geological environment remediation basis, principles and objectives have been set. We puts forward a series of concrete measures of functional areas of governance for remediating of destruction problem of geological environment in western of Shijiazhuang coal mining area, taking comprehensive protection measures, soil formation, shelterbelt, slope shrub, wastewater, waste liquid emission in the mine production process must fit for standard of country. planting vegetation and the scarps leaved by mining reclamation or fill soil in the mine tailings, taking restoration of the original landform governance when constructed buildings and roads destroy the landform in field area.

Concerns about Corrective Justice

According to the principle of corrective justice, one who causes a wrongful loss or receives a wrongful gain is obligated to make good that loss or restore that gain. The guiding principle of the remedies of private law (the law of torts, contract, and unjust enrichment) is to put the aggrieved party in the position s/he would have been in had the complained of conduct not occurred. The connection between corrective justice and private law’s remedies thus appears analytic. My article challenges this orthodoxy. I argue that, on the one hand, if corrective justice is treated narrowly, as an exclusively remedial principle, it severs the connection between right and remedy that lies at the heart of the corrective justice theories of private law. On the other, if it is interpreted broadly to encompass as well the parties’ original (pre-wrong or pre-unjust enrichment) relationship, it becomes otiose.

Cognitive Remediation: A New Generation of Psychosocial Interventions for People with Schizophrenia

Schizophrenia is a mental health condition characterized by broad impairments in cognition that place profound limitations on functional recovery. Social work has an enduring legacy in pioneering the development of novel psychosocial interventions for people with schizophrenia, and in this article the author introduces cognitive remediation, the latest advance in psychosocial treatments for the disorder designed to improve cognition. First, the author presents an overview of the nature of cognitive impairments and their functional consequences in schizophrenia, followed by a description of the theoretical basis and key practice principles of cognitive remediation. Next, the author reviews the latest biopsychosocial evidence for the efficacy of cognitive remediation in schizophrenia. Finally, the author presents a model cognitive remediation program, cognitive enhancement therapy, which was developed and evaluated by a social work-led multidisciplinary team. Cognitive enhancement therapy is a significant advance in cognitive remediation for schizophrenia and uses a unique holistic approach that extends beyond traditional neurocognitive training to facilitate the achievement of adult social-cognitive milestones and broader functional recovery. Cognitive remediation is an effective next-generation psychosocial intervention that social workers can use to help improve the lives of many people who live with schizophrenia.

Maths difficulties, dyscalculia and modern life

This article will examine the effect of modern life on learning numeracy, the difference between maths difficulties and dyscalculia and the main principles of maths remediation.

Not just a soccer game: colonialism and conflict among Palestinians in Israel

On April 11, 1981, two neighboring Palestinian Arab towns competed in a soccer match. Kafr Yassif had a predominantly Christian population, and Julis was a predominantly Druze town. When a fight broke out between fans, the violence quickly escalated, leaving a teenager from each town dead. In the days that followed the game, a group from Julis retaliated with attacks on the residents of Kafr Yassif. Shihade experienced that soccer match and the ensuing violence firsthand, leaving him plagued by questions about why the Israeli authorities did not do more to stop the violence and what led to the conflict between these two neighboring Arab towns. Drawing on interviews, council archives, and media reports, Shihade explores the incident and subsequent attack on Kafr Yassif in the context of prevailing theories of ethnic and communal conflict. He also discusses the policies of the Israeli state toward its Arab citizens. Countering Orientalist emphases on Arab and Islamic cultures as inherently unruly and sectarian, Shihade challenges existing theories of communal violence, highlighting the significance of colonialism's legacy, modernity, and state structures. In addition, he breaks new ground by documenting and analyzing the use of a traditional Arab conflict resolution method, sulha, which has received little sustained attention from scholars in the West. Shihade opens the toolkits of anthropology, history, political science, and studies of ethnic and communal conflict with the goals of exposing the impact of state policies on minority groups and encouraging humane remedial principles regarding states and society.

Proportionality as a Remedial Principle: A Framework for Suspended Declarations of Invalidity in Canadian Constitutional Law

The aim of this article is to provide an analytic framework for the governance of suspended declarations of invalidity in Canadian constitutional law. A suspended declaration is a remedial device by which a court strikes down a constitutionally invalid law, but suspends the effect of its order such that the law retains force for a temporary period. While introduced to Canadian law under circumstances of exigency, suspended declarations have grown to be used liberally by the courts, and the principles that previously confined them have been abandoned. As a result, constitutional rights — including those protected in the Charter of Rights and Freedoms — have sometimes been suspended without just basis. I propose a means to reverse this trend: by adopting proportionality, a core feature of the analytic method used to adjudicate limitations on Charter rights, as a remedial principle guiding the use of suspended declarations. Proportionality analysis is capable of navigating the features of remedial discretion engaged by suspended declarations, while reconciling the latter with Canada’s constitutional principles.

Enhancing Phonological Patterns of Young Children With Highly Unintelligible Speech

Enhancing Phonological Patterns of Young Children With Highly Unintelligible Speech

A Case Study on the Evaluation and Implementation of Green and Sustainable Remediation Principles and Practices During a RCRA Corrective Action Cleanup

Green and Sustainable Remediation (GSR) principles and practices were incorporated into various phases of the remediation life cycle during a Resource Conservation and Recovery Act (RCRA) Corrective Action cleanup. GSR best management practices (BMPs) were identified and employed to the extent possible during the investigation, remedy evaluation, and remedy implementation phases of the cleanup. As part of the remedy evaluation phase, potential remedial alternatives were evaluated against GSR principles and practices to support the selection of a preferred remedial alternative. This included the identification of inherent GSR similarities within the five existing RCRA balancing criteria and the development of a sixth new balancing criterion. The sixth criterion consisted of five relevant GSR categories, including consumption of resources and materials, CO2 emissions, waste minimization and reuse, community benefit, and corporate image and corporate sustainability. Because of the lack of consensus, the constantly evolving nature, and limited guidance associated with GSR, various GSR‐related uncertainties and barriers were encountered. These uncertainties and barriers primarily related to the development of a GSR evaluation approach; contractual mechanisms; worker routines; regulatory agency support; and facility benefits, incentives, and recognition. In an effort to overcome some of these uncertainties and barriers, professional judgment was used to support various decision‐making processes. The GSR evaluation and implementation approaches considered are discussed in this case study as well as the various uncertainties and barriers encountered. In general, this case study provides a successful demonstration of GSR, given guidance limitations, facility permit constraints, complexities associated with site‐specific conditions, and a situation where the most feasible options were not considered the most green and sustainable (primarily because of their energy‐intensive nature, resource consumption, or waste generation).

THE REMEDIAL PRINCIPLE OF KEECH v. SANDFORD RECONSIDERED

THE REMEDIAL PRINCIPLE OF <i>KEECH v. SANDFORD</i> RECONSIDERED

영가철에 의한 토양 Cr(VI) 환원에 미치는 유기물 및 수분함량 영향

ABSTRACT: Current soil remediation principles for toxic metals have some limitations even though theyvary with different technologies. An alternative technology that transforms hazardous substances into non-hazardous ones would be environmentally beneficial. Objective of this research was to assess optimum con-ditions for Cr(VI) reduction in soils as influenced by ZVI (Zero-Valent Iron), organic matter and moisturecontent. The reduction ratio of Cr(VI) was increased from 37 to 40% as organic matter content increasedfrom 1.07 to 1.75%. In addition, Cr(VI) concentration was reduced as soil moisture content increased, butthe direct effect of soil moisture content on Cr(VI) reduction was less than 5% of the Cr(VI) reductionratio. However, combined treatment of ZVI (5%), organic matter (1.75%) and soil moisture (30%) effec-tively reduced the initial Cr(VI) to over 95% within 5 days and nearly 100% after 30 days by increasingoxidation of ZVI and concurrent reduction of Cr(VI) to Cr (III). The overall results demonstrated that ZVIwas effective in remediating Cr(VI) contaminated soils, and the efficiency was synergistic with the com-bined treatments of soil moisture and organic matter.Key Words:

Remedies and Alternative Contracts

Contracts that contemplate alternative possible modes of performance, frequently referred to as alternative contracts, are common wherever written contracts are routinely used and relied upon. Nevertheless, courts in major legal systems have encountered enormous difficulty articulating a consistent and appropriate remedial principle to govern damages when such contracts are breached by the contracting party having the election to perform in alternative ways. This article analyzes this issue, and attempts to identify the most appropriate remedial principle for breaches of alternative contracts. To this end, Part I adopts a positive standpoint canvassing the rules governing remedies in a number of leading common law and civilian jurisdictions and illustrating in the process that remedies for breaches of alternative contracts are not consistently approached across jurisdictions. Indeed, even within several jurisdictions there are inconsistencies. Part II takes a normative approach to the question and illustrates that the most desirable remedial principle is a solution that has not yet been adopted for breaches of alternative contracts. Strikingly, we demonstrate that the ordinary common law remedy for breach of contract can be regarded as a special case of the most appropriate remedial approach for contracts with one or more modes of performance. Part III offers some thoughts regarding the possible reconciliation of Parts I and II, suggesting that existing rules may be normatively justified as the second-best in some circumstances. Part IV concludes with the suggestion that courts adopt the principle that the mode of performance that would be selected by the party with the election if specific performance were ordered be used for the purposes of assessing damages.

Monetary remedies for breach of confidence in privacy cases

In Campbell v MGN Ltd, the House of Lords endorsed an expansive interpretation of the breach of confidence action to protect privacy interests. The scope and content of this transformed cause of action have already been subject to considerable judicial consideration and academic discussion. This paper focuses on the remedial consequences of privacy breaches. It undertakes an analysis of the principles which govern awards for pecuniary and non-pecuniary loss, the availability of gain-based relief, in particular an account of profits, and exemplary damages.Even in its traditional scope, the monetary remedies for breach of confidence raise complex issues, mainly resulting from the fact that this doctrine draws on multiple jurisdictional sources such as equity, contract and property law. The difficulties of determining the appropriate remedial principles are now compounded by the fact that English law also aims to integrate its obligation to protect the right to privacy under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 into the conceptual framework of the breach of confidence action.The analysis provided in this paper supports the contention that not only the scope of the cause of action but also important remedial issues are likely to remain in doubt until the wrong of ‘misuse of private information’ is freed from the constraints of the traditional action for breach of confidence. A separate tort would be able to deal more coherently and comprehensively with all wrongs commonly regarded as privacy breaches.

Katrina's Window: Localism, Re-Segregation and Equitable Regionalism

The worst national disaster in United States history also showcased the dire consequences of as the cultural and successor to de jure segregation. Long before Hurricanes Katrina and Rita devastated the Gulf Coast, New Orleans' status as an exceptional city had been lost to Americanizing trends. Its resistance to the conventional racial binary was overcome after Reconstruction; its unique densities and accommodation of the physical landscape were transformed into sprawling divisions by technology and suburbanization. From the Brown decision forward, I argue in this Article, New Orleans and the metropolitan area around it developed much like the rest of the nation. Localist tendencies combined with protections for local autonomy - as exemplified and supported by several key decisions of the Burger Court - to re-segregate the region. A decade before Katrina, New Orleans, like most central cities, was financially incapable of deconcentrating neighborhoods of persistent poverty and politically powerless to wrest a more equitable sharing of state fiscal resources and burdens from its neighboring parishes. This analytic focus on the role of legal localism in re-segregating America's metropolitan regions suggests its own remedial principle: equitable regionalism. Under this principle of state legislative reform, political coalitions may be possible in joining the interests of antipoverty, fair housing and community development advocates with their counterparts in smart growth, environmental preservation and antisprawl organizations. Urban neighborhoods chronically destabilized by poverty need localism's emphasis on participation through planning devices; similar devices may help to effectuate equitable regional goals. The current antimajoritarian rules have weakened both cities and a great many suburbs, suggesting ultimately that what benefits the isolated urban poor may also improve the welfare of the suburban middle class.

Codification, Coherence, and Proprietary Competition

The codification of private law is a heroic enterprise. A codification process can facilitate the reexamination and the refinement of our existing rules and further contribute to their coherent coexistence. We should, however, take codifiers' attempts to improve the coherence of private law with a grain of salt, remembering that in most cases the only defensible coherentist moves are normative (rather than doctrinal) and local (rather than global). This important lesson requires rethinking two unfortunate suggestions of the proposed Israeli civil code: unifying the remedial principles of contract law and tort law and creating a super-category of property covering assets of all stripes. By contrast, the proposed consolidation in one chapter of the law of proprietary competitions is a laudable suggestion. The rules regulating this amalgam of cases need to face similar normative questions and thus justify a unified treatment. Yet, even in this context important factual differences between the different types of competitions entail significant contextual refinements that an overly broad treatment obscures. An improved version of the proposed Israeli civil code should clearly address these subtleties, which the existing common law already reflects.

At the Intersection of Public Policy and Private Process: Court-Ordered Mediation and the Remedial Process in School Funding Litigation

Using Ohio's experience with court-ordered mediation in school finance litigation as a point of departure, this article examines the potential for court-ordered mediation to provide procedural justice in the remedial phase of institutional reform litigation. The article begins by sketching out some of the difficulties that courts encounter when designing a remedy in a school finance case and some of the reasons why, at least in the abstract, a mediation process may assist the parties and the court. Next, the article provides a brief history of the DeRolph v. State, 758 N.E. 2d 1113 (Ohio 2001), placing the abstract remedial concepts against the concrete details of a particular case. It then explores some possible reasons for the failure of the DeRolph mediation and suggests what might have been done to create a better possibility for success. In spite of the failure of the DeRolph mediation, this article suggests that mediation may play a productive role in the future of school finance cases. Court-ordered mediation may permit the re-structuring of the remedial process in a way that addresses minority rights which often are lost or minimized in the traditional legislative process. Further, a participatory mediation process holds promise for achieving remedial results in a school finance case that are both educationally viable and politically sustainable. Mediation may open new avenues for the resolution of litigation at the intersection of private process and public policy. Several lessons may be drawn from the DeRolph litigation. DeRolph teaches that mediation is more likely to play a positive role in the resolution of an important institutional reform case if it is considered as a primary avenue of achieving remedial results rather than as a very last resort. Further, any court considering whether to order the mediation of an important institutional reform case should be attentive to creating a substantive and procedural framework that will support the parties' motivation and effort to devise their own remedy. This article encourages the court to support court-ordered mediation by providing a clear and unequivocal statement of the rights of the parties and remedial principles that apply in the case and by outlining fall-back remedial procedures that will be implemented if resolution is not achieved. The court should also consider the legitimacy benefit that may accrue from the participation of a broad group of interested constituencies and construct a framework that supports the mediator's efforts to identify and include a broad group of stakeholders. This article represents an effort to learn from past failure and to plan for future success in school finance mediation and other public law litigation.

Traumatic Brain Injury and Psychosocial Function: Let's Get Social

AbstractDisorders of psychosocial function manifested in a reduction in socially skilled behaviour, are prevalent following traumatic brain injury. It is clear to most clinicians that these can present the major obstacle to successful rehabilitation. Outcome studies also support this view. Despite this, there is relatively little systematic work addressing social skills remediation in Australia or elsewhere. There are even fewer studies that have evaluated the effectiveness of social skills treatment after traumatic brain injury. In this address I will consider social skills from a social skills framework that has been developed in the normal literature. This framework encompasses social behaviour and social perception (i.e., the ability to read cues accurately and social problem-solving). Social behaviour is the most common target for remediation in both the normal and brain-injured populations. There is a range of useful techniques that have proven to be efficacious in treating social skills in non-brain-injured populations and also to have some effectiveness in the treatment of traumatic brain injury. In addition, however, it is clear that both social perception (i.e., the ability to read social cues accurately and social problem-solving are also compromised after TBI). These areas are infrequently targeted for remediation, although again, there are some remediation principles that are relevant and potentially fruitful. Finally, it is important to understand the impact of psychological reactive factors such as depression and poor self-esteem in producing or maintaining poor social skills.