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This paper addresses the theory of legal pragmatism from the vantage of evolutionary metaphor. Legal pragmatism tends to incorporate a progress narrative with similarities to both evolutionary biology and classical economics, in which social developments are thought to be determined by competition among techniques and ideas. The difficulty with such competitive views of social change is that they obscure the extent to which successful solutions of the past – now the status quo – may be less adept at meeting new and future problems. Drawing on the evolutionary and economic variant theory of path dependence, it is argued that an assumption that the best, most efficient technique always wins out unduly sanctifies the present and inhibits awareness of unmet challenges. Ultimately, the encouragement of social change and advancement would be more securely located in the legal promotion of individual attempts at originality, rather than an assumption that competition is constantly moving toward perfection.

In the common law of the United ¹Kingdom the objective of any award of damages in personal injuries litigation is to achieve as nearly as possible full compensation for the claimant in respect of the injury sustained.² To achieve that objective the court seeks to award such sum as is notionally required to be laid out in the purchase of an annuity which will provide an annual amount equivalent to the loss for the whole period of the loss.³ The basis of the calculation is an assumed annuity. The court makes an assumption about how the award will be invested.⁴ Lord Fraser of Tullybelton in Cookson v. Knowles ⁵ put it thus:The assumed annuity will be made up partly of income on the principal sum awarded, and partly of capital obtained by gradual encroachment of the principal. The income element will be at its largest at the beginning of the period and will tend to decline, while the capital element will tend to increase until the principal is exhausted.The court is not, in fact, concerned with how the award will be spent:How the Plaintiffs will in fact invest their damages is, of course, irrelevant. That is a question for them. It cannot affect the calculation.⁶

This paper intends to explore the relationship between participants' eye fixations (a measure of attention) and durations (a measure of concentration) on areas of interest within a range of online articles and their levels of information discernment (a sub-process of information literacy characterising how participants make judgements about information).

Eye-tracking equipment was used as a proxy measure for reading behaviour by recording eye-fixations, dwell times and regressions in males aged 18–24 (n = 48). Participants' level of information discernment was determined using a quantitative questionnaire.

Data indicates a relationship between participants' level of information discernment and their viewing behaviours within the articles' area of interest. Those who score highly on an information discernment questionnaire tended to interrogate the online article in a structured and linear way. Those with high-level information discernment are more likely to pay attention to an article's textual and graphical information than those exhibiting low-level information discernment. Conversely, participants with low-level information discernment indicated a lack of curiosity by not interrogating the entire article. They were unsystematic in their saccadic movements spending significantly longer viewing irrelevant areas.

The most profound consequence is that those with low-level information discernment, through a lack of curiosity in particular, could base their health, workplace, political or everyday decisions on sub-optimal engagement with and comprehension of information or misinformation (such as fake news).

Ground-breaking analysis of the relationship between a persons' self-reported level of information literacy (information discernment specifically) and objective measures of reading behaviour.

This study aims to test the effects of Celliant armbands on grip strength in subjects with chronic wrist and elbow pain. Celliant® is a functional textile fabric containing minerals that emit infrared radiation (IR) in response to body heat. IR-emitting fabrics have biological effects including the reduction of pain and inflammation and the stimulation of muscle function.

A randomized placebo-controlled trial recruited 80 subjects (40 per group) with a six-month history of chronic wrist or elbow pain (carpal tunnel syndrome, epicondylitis or arthritis) to wear an armband (real Celliant or placebo fabric) on the affected wrist or elbow for two weeks. Grip strength was measured by a dynamometer before and after the two-week study.

For the placebo group, the mean grip strength increased from 47.95 ± 25.14 (baseline) to 51.69 ± 27.35 (final), whereas for the Celliant group, it increased from 46.3 ± 22.02 to 54.1 ± 25.97. The mean per cent increase over the two weeks was +7.8% for placebo and +16.8% for Celliant (p = 0.0372). No adverse effects was observed.

Limitations include the wide variation in grip strength in the participants at baseline measurement, which meant that only the percentage increase between baseline and final measurements showed a significant difference. Moreover, no subjective measurements of pain or objective neurophysiology testes was done.

Celliant armbands are easy to wear and have not been shown to produce any adverse effects. Therefore, there appears to be no barrier to prevent widespread uptake.

IR-emitting textiles have been studied for their beneficial effects, both in patients diagnosed with various disorders and also in healthy volunteers for health and wellness purposes. Although there are many types of textile technology that might be used to produce IR-emitting fabrics, including coating of the fabric with a printed layer of ceramic material, incorporating discs of mineral into the garment, the authors feel that incorporating ceramic particles into the polymer fibers from which the fabric is woven is likely to be the most efficient way of achieving the goal.

Celliant armbands appear to be effective in painful upper limb inflammatory disorders, and further studies are warranted. The mechanism of action is not completely understood, but the hypothesis that the emitted IR radiation is absorbed by nanostructured intracellular water provides some theoretical justification.

Dr. Benjamin Spock's advice to parents has been commented on and analyzed by many authors. In this article, Raymond G. McInnis outlines some of the major themes found in the criticism of Baby and Child Care, and cites important works on the subject.

According to Marx, capitalism leads to the alienation of people from their work, from the product of their work, and from other people (Oilman, 1976:133–4). These characteristics of capitalism were obvious for all to see in the late nineteenth century, as capital and labor were increasingly polarized. But in the late twentieth century, class relations have become considerably more complicated. The emergence and growth of various forms of “middle class” (Walker, 1979; Wright, 1985) make the issue of who is exploiting whom, of who benefits from the alienation of workers, unclear. In turn, the confusion in class relations has an effect on the ability to wage class struggle, as the “enemy” of the working class is difficult to define, let alone target.

Despite nationwide decreases in school crime and violence levels, a relatively high and increasing number of students report feeling unsafe in their school environments. In response, many school and law enforcement officials are collaborating to develop school–police partnerships, especially in urban areas as an effort to significantly deter student criminal activity and violence in schools. This chapter examines the beginning efforts of New York City's Impact Schools Initiative, a punitive-based school–police partnership created in January 2004 to significantly increase police presence at some of New York City's most violent public schools. An initial examination of school-level demographic and environmental variables reveal that despite increased police presence, students enrolled at New York City's Impact Schools continue to experience higher than average problems linked directly to future criminality, including more student suspensions and lower attendance rates compared to other New York City Schools. Additionally, the data revealed that compared to other New York City public schools, Impact Schools experience greater student overcrowding and receive less funding.

It is a common feature of both the English and the US legal systems that any person injured through the fault of another can claim monetary compensation, in the form of damages, for the injuries sustained.¹ The objective and measure of such damages is also the same across the jurisdictions, namely to restore the individual, in financial terms and in as far as it is possible to do so, to their pre-injury position. However, the approaches adopted in the two countries towards determining the level of damages are very different. In the United States, courts make extensive use of economists (called forensic economists), economic data and econometric methods to quantify damages, particularly in the calculation of those which relate to future losses. The courts in Britain do not, favouring instead the routine application of a simplified formula which is populated by figures chosen by judges, albeit with increasing reference to published actuarial averages. There has been a long-standing antipathy on the part of the judiciary towards evidence from financial experts. This has been justified on the grounds that predicting the future is nothing more than crystal ball gazing for which a judge is as well suited as any other profession.²

In highly dynamic industries, business processes require exploitation, i.e. activities that are associated with an increase in productivity through automation, standardization, integrated architectures, and the usage of existing IT resources. As a complementary capability, exploration is needed, i.e. the ability to flexibly implement new and innovative IT resources (Lee et al., 2015). The purpose of this paper is to use the concept of ambidexterity, which is researched intensively outside the domain of business processes (e.g. Gibson and Birkinshaw, 2004; Tang and Rai, 2014), to address this paradoxical trade-off within business processes.

The paper follows a qualitative approach. A multiple case study comprising 11 interviews and additional document analysis in six organizations is conducted in the German energy sector to examine the proposed framework.

This paper shows the importance of balancing exploitative and explorative business process IT (BPIT) capabilities. The process-theoretical outcome of this study is the BPIT Capability Framework that provides explanation for the interaction between exploitation and exploration.

This study contributes to the understanding of how to build ambidextrous BPIT capabilities by explaining the underlying mechanisms for feedback loops that occur in cases of imbalance. The scope of the conducted study presents a limitation and thus future research is encouraged to further validate the findings of this paper.

By drilling down to the process level, this paper addresses the gaps that limited empirical studies have in business process management research (Recker and Mendling, 2015) and the focus on business processes that is lacking from the literature on organizational IT management (Gregory et al., 2015).