Competing Claims

Top PDF Competing Claims:

Shorebirds, Stakeholders, and Competing Claims to the Beach and Intertidal Habitat in Delaware Bay, New Jersey, USA

Shorebirds, Stakeholders, and Competing Claims to the Beach and Intertidal Habitat in Delaware Bay, New Jersey, USA

Birds have specific habitat needs as a function of their life cycle and reproductive stage. Migrant shorebirds that may fly from the Arctic to the southern tip of South America have foraging and habitat requirements at sites where they stop to refuel before continuing their migration north or south. Throughout the world, shorebirds mainly forage on mudflats at low tide. Red knots ( Cali- dris canutus rufa ) are threatened in the United States and elsewhere, and it is critical to determine factors that might contribute to their decline. This paper uses Delaware Bay as a case study to examine shorebird (and red knot) use of the intertidal habitat, and competing claims to habitats they require during their northward migration, as well as some of the key stakeholders that play a role in protecting red knots. Shorebirds are drawn to Delaware Bay to feed on the eggs of Horse- shoe Crabs ( Limulus polyphemus ) that are concentrated at the high tide. But they also feed on the intertidal mudflat. We examined intertidal habitat use on 17 beaches in an extensive study in 2015, and 5 key beaches in 2016. Most of the beaches were longitudinal, but four were more com- plex, and were used extensively for resting as well as foraging; numbers there were higher than on the longitudinal beaches. On foraging beaches, some shorebirds were present on over 85% of the intertidal censuses, and red knots were present on over 48% of the intertidal censuses. Average numbers of red knots on the longitudinal beaches varied from 0 to 354 ± 116 when any shore- birds were present, but averaged up to 1184 ± 634 when knots were present in 2015. Some beach- es in 2015 had no knots (a beach with long-term aquaculture). Tide, intertidal location, and beach (name) determined the number of knots (and all shorebirds). Numbers decreased with distance from the mean high tide line. The average number of knots present in the intertidal mudflats two hours before or after low tide when knots were present (e.g. no censuses with zeros) was 2040

25 Read more

Successful small-scale irrigation or environmental destruction? The political ecology of competing claims on water in the Uluguru Mountains, Tanzania

Successful small-scale irrigation or environmental destruction? The political ecology of competing claims on water in the Uluguru Mountains, Tanzania

As our case confirms, water scarcity is not just a technical supply constraint (although technical supply is also critical) but is also politically constructed (Allouche et al. 2015). We are not arguing that the small- scale farmers automatically have a right to access the water, given the advantage of their hydraulic position. Our argument is that competing claims require negotiation and ultimately adjudication. Our evidence suggests that the shortage of water for the urban population of Morogoro is blamed on small-scale farmers causing environmental destruction and over-extracting water. We have shown how the water use and farming practices of the farmers are labelled as destructive, polluting and illegal, to the extent that they warrant the creation of a Task Force to address them as a problem that would ideally lead to their eradication from the mountain. Senior officials in the River Basin Office admit that other water uses (including residential building and large institutions) are contributing to a current shortage of supply to Morogoro town, but they are not presented as a problem in the same way as the small-scale farmers are. We also know that this view of the small-scale farmer has both historical and geographical precedent in Tanzania and the option of eviction is also embedded in the legacies of forced resettlement. It is striking that the Task Force charged with addressing these issues considers only the water use of the small-scale farmers high up in the catchment and does not consider the catchment as a dynamic system - or the nature of water use in urban Morogoro.

19 Read more

The intractably unknowable nature of law : Kadi, Kafka, and the law's competing claims to authority

The intractably unknowable nature of law : Kadi, Kafka, and the law's competing claims to authority

The insight of these latter theorists is perhaps somewhat lost on those who insist that law is essentially a system of rules. For such law-as-rules theorists, because those rules constitute the legal framework which establishes both the form and the content of any adjudication, and are therefore logically prior to it, these theorists fail to apprehend the non-lawyer’s experience of this second claim to authority. For the lawyer, there is no dual claim to authority, as adjudication proceeds according to legal rules which are analytically and intra-systemically prior. Any apparent paradox of competing claims to authority is dissolved therefore by the law itself. For someone merely subject to the law however, any apparent guidance which rules provide in advance is offset to the law’s parallel claim to pass judgment on your actions after the fact. Legal theorists may engage in fruitful debate about which of these claims is prior, more conceptually central, or morally more significant, yet this misses the crucial fact that for those outside the workings of the legal system, both claims to authority are experienced with equal force.

15 Read more

Competing claims, risk and ambiguity

Competing claims, risk and ambiguity

Seth Lazar has recently argued that security is a “robustly demanding good” (2017: 8). This is because our enjoyment of the good depends not only on how our actual life goes, but also how our life goes in the counterfactual scenarios where we may not be so lucky. Lazar argues that “we are insecure to the extent that others make our avoidance of wrongful harm depend on luck” (Ibid). Furthermore, Lazar claims that “the more you depend on luck, the less control you have over your life, and so the less autonomous you are. Autonomy is non-instrumentally valuable, so its constituent parts – such as control over whether your most important interests are satisfied – are non- instrumentally valuable too” (Ibid; italics added). To this extent, the security of interests is something of high importance for an individual. There is good reason to think that, given the importance that the security of our interests has for how our life goes overall, there is a distinct locus of an interest the set back of which can cause us harm. The setting back of this interest harms us because of the value of the core interests such as autonomy that it protects. 4.3.4 Objections and Replies

184 Read more

The Suffering Child: Claims of Suffering in Seminal Cases and What To Do About Them

The Suffering Child: Claims of Suffering in Seminal Cases and What To Do About Them

Here, we have two different uses of the word “suffering.” The court refers to the potential suffering caused by continued treatment and appeals to the need to relieve this suffering by withdrawing intensive care support. Pope Francis, however, uses the concept of suffering in a different way, referring to the suffering of Al fi e ’ s parents. In contrast to the court ruling, which cites suffering as a reason to stop treatment, Pope Francis claims that suffering (of Al fi e ’ s parents) should actually be a reason to seek treatment. What do we do with these competing claims of suffering? Which use of suffering is right, and how should claims of suffering impact treatment decisions for children who cannot communicate their own wishes or experience of suffering?

6 Read more

Domestic Secrets: Women and Property in Sweden, 1600 1857

Domestic Secrets: Women and Property in Sweden, 1600 1857

In Domestic Secrets, Ågren offers economic, legal, social and cultural historians a masterly analysis of women’s changing relations to property in Sweden from the early 17th to the mid 19th century. Beginning with a carefully crafted historiographical and methodological overview, the book successively considers topics that include the competing claims to land rights made by women, marital couples, kin groups, local peasant communities and the state; the evolution of compensatory practices in the face of a deterioration of land rights driven by proletarianisation; bankruptcy legislation and the emergence of a public sphere; and radical legal reforms by the Swedish state that culminated in the abolition of distinctions between lineage and non-lineage property in land. Clearly written and logically organised, Domestic Secrets focuses upon developments within Sweden, but situates these trends within wider comparative European (including British) frameworks that extend the significance of this book’s conclusions far beyond Scandinavian

5 Read more

Functional food awareness and perceptions in relation to information sources in older adults

Functional food awareness and perceptions in relation to information sources in older adults

product, would increase the likelihood that they would con- sume the product, their most common responses were “helps lower cholesterol” (60.5%) and “factor in the forma- tion and maintenance of bones and teeth” (56.5%). These findings are similar to the results of questionnaire studies conducted in a broader consumer demographic in the Netherlands [33], Trinidad [59] and Uruguay [11] in which claims for functional foods related to lowering or maintain- ing healthy cholesterol levels were among the top preferred claims, although claims related to strengthening the im- mune system and providing the body with energy were also among the top preferred claims [11,33,59]. In the current study, participants reported heart disease (53.0%), osteopor- osis/bone health (53.0%) and cancer (44.5%) as the top health areas that, when mentioned in a disease risk reduc- tion claim on a functional food product, would increase their consumption of the product. Claims on functional foods pertaining to a reduced risk of cancer and heart dis- ease were also among the top preferred claims reported by participants in previous questionnaire studies [11,33] and it has been suggested that claims on functional food products relating to health areas that are of personal relevance to consumers are expected to be most successful in the marketplace [16,33,46]. The results of the current study suggest that the primary health concerns of older adults in this sample are heart health, maintenance of healthy choles- terol levels and osteoporosis/bone health. This information has the potential to drive the development of functional food products that bear claims relating to these health concerns, as they may be successful among older adult consumers.

12 Read more

Statistical modelling and forecasting of outstanding liabilities in non-life insurance

Statistical modelling and forecasting of outstanding liabilities in non-life insurance

Often claims development goes beyond the latest development period m − 1, which has been observed at time m. Therefore, in practice, one needs to add a tail estimate to the claims reserves in order to also cover these additionally expected outstanding loss liability cash flows. The entire tail can be estimated under assumptions (A1)–(A3) if we additionally assume that β j = π j = 0 for j = 1, . . . , m − 1. In this particular case, we know that

27 Read more

The Nature of Self-Defense

The Nature of Self-Defense

to assume that Steinhoff thinks that the kinds of rights threatened by attacks are claims, for claims are the kinds of rights that are subject to violation. For X to have a claim against Y that P is for Y to have a duty to X to ensure that P. And Y violates X’s claim against Y that P when Y fails to discharge the relevant duty. So far, so good. But there are different sorts of claims, and claims vary in part according to the kinds of interests they protect. Some claims protect life, others protect bodily integrity, and some protect liberty while others protect property. Is a threat of violation or actual violation of any sort of claim sufficient, when the other conditions are met, for an act directed against this threat to count as an act of self-defense on the part of the person whose interest is threatened? I would think not. Certainly, if Jane initiates a threat of violation of my claim to life or bodily integrity or liberty, then I engage in self-defense when I ward off the attack. But if Jane initiates a threat of violation of my claim to property, then surely I do not engage in self-defense if I ward off this threat; what I engage in is defense of my property, not defense of my self. So, for Steinhoff’s account of self-defense to match our ordinary language intuitions, the kind of attack against which self-defensive action is taken must be restricted to threatened or actual violation of a certain sort of claim, namely

19 Read more

A Castellan Claims his Castles: Textualization of Claims in Eleventh-Century Aquitaine

A Castellan Claims his Castles: Textualization of Claims in Eleventh-Century Aquitaine

Confronted with so much power and a weak overlord, how could Hugh lay claims to properties, some of which were held of Fulk Nerra? The answer, I believe, lies in the fact that Hugh came from an old line, even if it were of lesser nobles, and more importantly, he must have possessed many allodial lands independent of either of the Counts. Based largely on charters from different monasteries and abbeys, Sidney Painter has done a comprehensive study on the lords of Lusignan from their beginnings to the year 1200 when Hugh IX of Lusignan did homage to King John of England who was also Duke of Aquitaine through his mother Eleanor, for the county of La Marche, 41 the lands of which had also been coveted by Hugh of the Conventum. The aim of Painter‟s study however, is to trace the rise of the landed family to its development into a “baronial house” in the thirteenth century. He speculates that the Lusignans were able to accomplish more than their castellan neighbors due to “a

140 Read more

Causes of Claims in the Construction Project

Causes of Claims in the Construction Project

According to Pasaribu (2009), there are findings that claims have a correlation of 81.2% on time performance. There are claims that affect payments to air conditioning subcontractors, architectural subcontractors, and interior subcontractors. Chandra (2005) stated that the main causes of claims were design changes and added work carried out by building owners, whereas contractor claims often took the form of additional costs, and claim settlement methods, which are often used by parties are engineering judgment methods.

5 Read more

Claim Analysis of Construction Projects in Oman

Claim Analysis of Construction Projects in Oman

The second part is the process of data collection; it has been decided that the conclusions of this research would be based on actual data collected from finished project in Oman; hence, the actual data would enhance and consolidate these conclusions. For this purpose, the researcher has designed a unified data collection form to be filled up for each project of research sample using projects’ record kept with consultants. The main condition of these projects that is the total cost must more than 500,000 OR (about 1,358,700 $) to highlight the importance of this research for both public and private sector, project cost is the main criteria to screen projects with respect to the size of project, assuring that the size of project is would be economically effective. Claims of projects of such size would have clear impact on construction industry. Research sample consist a number of projects in different owners and categories.

6 Read more

Marketing ethics in the 21st century: in pursuit of phronesis

Marketing ethics in the 21st century: in pursuit of phronesis

There are several competing ethical frameworks available, including deontology (focused on intentions) and teleology (focused on outcomes), each with different values (Carter et al., 2011). How do we guide development of Aristotle’s practical wisdom (phronēsis) in knowing how, when, where and in what way ( Messikomer & Cirka, 2010, p. 58) to apply theories, frameworks and other factors in ethical decision making? The frameworks most commonly cited focus either on intentions (often termed deontology, from the Greek word for ‘duty’) or consequences (often termed teleology, from the Greek word for ‘ends’, but also referred to in the literature as consequentialism). Teleology is also frequently broken down into utilitarianism and egoism options (Hoffman, Frederick & Schwartz, 2001) , with the latter not used in the business context. The selection of an ethical framework will impact on the development of marketing strategy. For example, activity that was driven by good intentions without potential negative consequences being considered would be acceptable under deontological reasoning but not under teleological reasoning. While space prevents a detailed analysis of all possible frameworks (see Eagle et al., 2013) we provide a brief overview of the main provisions of deontology and teleology, together with comments on the implications for marketing interventions of the adoption of the different frameworks

13 Read more

Predictable Sequences and Competing with Strategies

Predictable Sequences and Competing with Strategies

This chapter is organized as follows. In Section 3.2, we extend the minimax analysis of online learning problems to the case of competing with a set of strategies. In Section 3.3, we show that it is possible to compete with a set of autoregressive strategies, and that the usual online linear optimization algorithms do not attain the optimal bounds. We then derive an optimal and computationally efficient algorithm for one of the proposed regimes. In Section 3.4 we describe the general idea of competing with statistical models that use sufficient statistics, and demonstrate an example of competing with a set of strategies parametrized by priors. For this example, we derive an optimal and efficient randomized algorithm. In Section 3.5, we turn to the question of competing with regularized least squares algorithms indexed by the choice of a shift and a regularization parameter. In Section 3.6, we consider online linear optimization and show that it is possible to compete with Follow the Regularized Leader methods parametrized by a shift and by a step size schedule.

89 Read more

Evaluation of Disability Living Allowance and Attendance Allowance

Evaluation of Disability Living Allowance and Attendance Allowance

In Table 11.22 the differences in the responses from people who experienced problems with the form and those who did not are not statistically significant. Although those who said they had problems were contacted more often by the Benefits Agency, there is no clear explanation of why the difference is not larger. Indeed there are two explanations which, though equally plausible, appear to conflict with each other. First, the similarities between the two groups might show that however difficult or unhelpful claimants found the form, the quality of the data supplied by each was comparable. Hence the pattern of adjudication officers' responses to the forms was also similar between the groups. This implies that it is largely irrelevant whether people find the form difficult or unhelpful because the quality of the information supplied is unaffected. A second interpretation of the table is that the actions of adjudication officers do not discriminate between claims which are easy to complete and those which are not. In other words, the possible disadvantages borne by those who experienced problems with the form were not offset by the actions of adjudication officers. Although it is possible that both explanations might contribute to the result in Table 11.22, the policy implications of each are very different. If the quality of information is uniform across all claims, then there is an argument for not changing either the claim form or the procedures carried out by adjudication officers. If the latter explanation is a closer reflection of reality, then there is an opposite argument for reassessing whether the claim form is sufficiently helpful (since it would be difficult to make adjudication officers more alert to claim forms which have caused problems for claimants).

270 Read more

Competing for Attention

Competing for Attention

The environment with asymmetric interest groups gives insight into the effects of spe- cial interest wealth on policy outcomes. In that setting, contributions are maximized when the policymaker allocates attention through a handicapped contest for attention. Such a contest is biased against wealthy interest groups, requiring them to pay higher contributions for the same contest “score” as a lower-paying, less-wealthy group. In the payment-maximizing full-information equilibrium, rich interest groups tend to con- tribute more than poor interest groups, but they are no more likely to have their pro- posals implemented. Despite higher payments from rich interest groups, the contest for attention still leads to a fully informed policymaker who implements the first best policy. Although the analysis is motivated by lobbying and policymaking, the underlying framework and the implications of competing for attention are applicable to a number of settings beyond politics. Consider the following examples. An employer wants to hire the highest-ability applicants. An employer grants interviews to the most-persistent applicants, those who have undertaken the greatest costs to gain the employers atten- tion. 7 Similarly, a venture capitalist may listen to pitches from the entrepreneurs who have done the most to gain their attention. A bachelorette may accept a date from the suitor who is most persistent in his come-ons or makes the biggest fool out of himself in order to capture her attention (both all-pay contests), or she may accept a date from the suitor who offers to take her out to the most-expensive restaurant (a winner-pay contest). In each of these situations, a decision maker must allocate a limited number of “prizes” among agents, and prefers to award the prizes to the highest-quality agents (where quality is orthogonal to an agent’s willingness to pay for a prize). The decision maker may review some (but not all) agents to learn their quality before choosing how to allocate prizes. 8 Agents make payments or undertake costly actions (or submit bids) observable to the decision maker, who reviews the agents who submit the highest pay- ments. The model suggests that by awarding attention to the highest bidder, the decision maker (e.g., employer, venture capitalist, bachelorette) may be better able to identify and award the prizes to the most-qualified agents (e.g., applicants, funding seekers, suitors).

50 Read more

Truth Functions and Memory in English Language Learners

Truth Functions and Memory in English Language Learners

The skills being investigated in this study form an essential component of the fundamental skills necessary to become an individual critically and truly democratically engaged in their environment. As said by Dam and Volman (2004), “if education is to further the critical competence of students, it must provide them with the opportunity at the level of the classroom and the school to observe, imitate and practice critical agency and to reflect upon it” (AB). Positive findings in the proposed study will show the effect that receiving explicit instruction in logical connectives has on our ability to accurately assess the truth or falsity of compound and complex claims and whether truth-functional knowledge of these claims has an effect on conjunctive bias. These skills are necessary to effectively evaluate the strength of arguments containing complex and compound claims. The ability to implement these skills is fundamental in moving from a role in which one is politically and ideologically passive to a more politically and ideologically active role. It is at this point that we rely upon the theoretical framework of positivism to bolster the methodology that will be used to carry out the research questions.

114 Read more

Conflicts of Interest: The authors have no competing interests and nothing to disclose. Key Words: insurance claims, reproducibility, propensity score, veridical data science,

Conflicts of Interest: The authors have no competing interests and nothing to disclose. Key Words: insurance claims, reproducibility, propensity score, veridical data science,

A significant limitation to making any clinical conclusions about prostate cancer outcomes with the findings in this paper is that prostate cancer is a heterogeneous cancer, with a wide variation in prognosis and expected responses to therapy, even in the metastatic setting. Thus, a major unmeasured confounder when studying prostate cancer in claims data is the extent of disease at initiation of treatment. This unmeasured confounder may explain some of the observed effects on our outcomes. Claims can identify if a patient is metastatic but cannot identify the extent of their metastases. This limitation has significant implications if one were to clinically interpret the data. For example, when comparing opioid requirements and differences of opioid use among treatment groups, we cannot ascertain whether a patient is using opioids for their

45 Read more

Double chain ladder, claims development inflation and zero-claims

Double chain ladder, claims development inflation and zero-claims

the best estimate only, the model of Mart´ınez-Miranda et al. (2012a) works under a wide array of stochastic assumptions on the nature and dependency structure of payments. There can, for example, be multiple payments on each claim with com- plicated correlation patterns. When analysing the stochastic nature of the simplest possible version of double chain ladder, Mart´ınez-Miranda et al. (2012a) made a number of simplifying assumptions including one payment per claim and constant mean severity of claims. These additional assumptions are needed to understand the full predicted distribution, but they are not needed to understand the mean. In this paper we add insight to this discussion. We show that if prior knowledge was available about the future number of zero claims and future severity inflation (depending on payment development delay), then while this information does not change the best estimates, it does affect the predicted distribution of outstanding claims. Therefore, if the issue is to qualify or improve best estimates, prior knowl- edge of zero claims and development year severity inflation is not important. If the focus is the best estimate of outstanding claims, then one should (for example) con- sider underwriting year severity inflation as in Mart´ınez-Miranda et al. (2012b) or adjusting the calendar effect as in Kuang, Nielsen and Nielsen (2008a, 2008b, 2011) and Jessen and Rietdorf (2011).

36 Read more

Vitamin D recommendations, fortification in France, and
          communication

Vitamin D recommendations, fortification in France, and communication

Claims referring to the reduction of disease risk: for the time being, no claim referring to the reduction of disease risk has been accepted for vitamin D. Nevertheless, a claim has received a positive opinion of EFSA (2011): on the basis of the data presented, the panel has concluded that a cause and effect relationship has been established be- tween the intake of vitamin D and a reduction in the risk of falling. In order to obtain the claimed effect, 800 I.U. (20 µg) of vitamin D from all sources should be consumed daily. The target population is men and women 60 years of age and older. This claim should be authorized soon.

5 Read more

Show all 2990 documents...

Related subjects