252 Matching Annotations
  1. Nov 2022
  2. Oct 2022
    1. Consistent with our decision in Furek and the Iowa Supreme Court decision in Jain, the School did not assume a general duty of care to Ellerbe.

      not sure I fully understand or follow this yet. But sounds like it's because it

      -took place off school grounds

      -counselor's action neither increased or decreased harm. Well, the 'no affirmative action' increased it, but it doesn't fall under section 323 so it doesn't matter? Or am I misunderstanding that 'no affirmative action' statement? (does it mean, that she failed to take affirmative action, which ended up increasing the risk? Or does it mean that none of the actions that she did take, increased the risk?)

    2. His girl friend broke up with him on Sunday he couldn't handle what was happening to him

      did she have his permission to share this with others? If not, did she because she felt it was warranted bc of an 'imminent threat to self or others?' And if she did feel that way, wouldn't it also follow that notifying parents/guardians too would be critical?

    1. Eisel v. Board of Education of Montgomery County, 1991

      'the Eisel v. Montgomery County Board of Education court case (1991) led to a duty owed to try and intervene to prevent a student’s suicide. Eisel strengthened school counselors’ legal obligation to students by satisfying for the first time the primary element of negligence, declaring school counselors have a special relationship with students and owe a duty to try to act when placed on notice that a student is possibly suicidal.

      The Maryland Court of Appeals in the Eisel case ruled that school counselors had a duty to notify the parents of a 13-year-old student who made suicidal statements to her classmates. Nicole Eisel allegedly became involved in Satanism and told several friends and fellow students of her intention to kill herself. Some of these friends told their school counselor of Eisel’s intentions, and this school counselor in turn informed Eisel’s school counselor. The two school counselors questioned Eisel about the statements, and she denied making them. The school counselors did not notify either the parents or the school administrators about these events. Shortly thereafter, in a public park, Eisel and a friend tragically consummated their suicide pact. Unlike the Delaware court case, the appeals court in Maryland cited as critical to the Eisel case the in loco parentis doctrine, which states that educators, including school counselors, legally stand in the place of parents. Furthermore, school counselors owe a special duty to exercise reasonable care to protect a student from harm.' https://www.schoolcounselor.org/Magazines/September-October-2013/Suicide-Err-on-the-Side-of-Caution

  3. Sep 2022
    1. social service counselor,

      28) "Social service counselor" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

    1. More broadly, findings highlightthe importance of fatigue as a target of clinical inter-vention.

      an important finding that relates to application (selecting goals and potential interventions - and a rationale for considering use of this instrument) in your clinical practices!

    2. saturation

      'saturation' is a term used in qualitative research that relates to establishing the 'trustworthiness' of the research (related to reliability and validity concepts in quantitative research

    3. Based on discussions with regulatory authorities aftercompleting phases I and II, the instructions of the FAsDwere edited, resulting in Version 2 of the instrument

      this doesn't relate to content validity per se, but it does serve as a method for increasing the reliability of the instrument due to better testing protocols

  4. Feb 2022
  5. Oct 2021
    1. "By and large our children have very active and responsive immune systems, and so we suspect that smaller doses of vaccine will trigger an adequate response in a child to successfully fight off infection,"

      .

  6. Sep 2021
  7. Aug 2021
  8. Jul 2021
    1. arbitrator fees

      "administrative fees are based on the amount of the claim or counterclaim and are to be paid by the party bringing the claim or counterclaim at the time the demand or claim is filed with the AAA. Arbitrator compensation is not included in either schedule. Unless the parties’ agreement provides otherwise, arbitrator compensation and administrative fees are subject to allocation by an arbitrator in an award." https://adr.org/sites/default/files/Commercial_Arbitration_Fee_Schedule_1.pdf

      currently range from $2k to $25k

    2. You agree to waive any right to seek public injunctive relief

      relief that has the primary purpose and effect of prohibiting unlawful acts, including false advertising, that threaten future injury to others out in the general public

      another way companies force people into arbitration vs. other means of resolving disputes (like lawsuits)

  9. Dec 2020
    1. Symptoms of a COVID-19–related TSRD, increased substance use, and suicidal ideation were more prevalent among employed than unemployed respondents, and among essential workers

      .

  10. Sep 2020
    1. even if an appointed expert acknowledges the importance of cultural competency, if the expert nevertheless fails to sufficiently account for the need for cultural competency in his or her evaluation of the defendant, the expert's evaluation will not meet minimum standards of adequacy.

      this

  11. Jun 2020
    1. significantly

      Some important details are missing here. the reduction was ONLY significant for the group that wore the masks the longest: 3-4 hours. For other groups, the difference was not significant. It's also important to understand what the word 'significant' means in research studies. Statistical significance indicates a difference based on some preset criteria, but it does not in any way imply the MAGNITUDE (or severity) of that difference. Bottom line, good to consider this, but be very cautious of making overreaching claims, as the author of this newsletter article has.

    2. .13

      First, this study was from 1989 and did not involve coronavirus. It had to do with a 'MOUSE HEPATITIS VIRUS STRAIN.' So we're already starting off with an iffy claim that should make anyone who understands the importance of reading citations to make sure they claim they are attached to is actually well-founded.

      In this article's 'defense,' they did not technically state which virus they were talking about, lol (not).

    3. One should not attack and insult

      First off, one should not attack and insult anyone. Can we all agree on that? And take personal responsibility for actually aligning our actions with that? Unfortunately, there has also been a lot of attacking and insulting (insert dismissive 'sheeple' insult) from those in both polarities.. Let's substitute science for attacks and insults, shall we? Or do we really want to continue on in the current caustic world of our own creation?

      The second part of this sentence is not a very good justification for the first part's statement, however, due to all of the points brought to the readers' attention above.

    4. onstantly rebreathing the viruses, raising the concentration of the virus in the lungs and the nasal passages

      this article has to do with hypoxia found in tumor cells, NOT hypoxia related to breathing air with lower amounts of oxygen than recommended. Two very different conditions.

    5. ,6

      this study had to do with induced colon cancer in white mice. Not natural conditions, and not humans (though results still are important to consider- just be careful with what you can claim from them).

    6. 51

      many nuances in this article that are important to consider. The experiment was conducted by injecting stuff into the footpads of mice and measuring after 72 hours. The focus is more about the mice's ABILITY TO ADAPT to hypoxia.

      Also, follow-up studies have added further clarification and discredited some of the claims in this article.

    7. of these findings

      to be clear, 'these findings' (the ones listed above) never mention immunity. So, poorly written at best. Immunity information follows, and we'll address that next.

    8. any other virus pandemic or epidemic in history

      How could they be? And how would that even be appropriate? Novel viruses call for recommendations based on that particular virus.

    9. unless a person was known to be infected

      this is a key phrase also. And how could we know who was infected? We didn't understand 'silent carriers' early on, for one thing. For another, testing has been extremely limited.

    10. recently

      This primarily relates to N95 masks. Sadly, the primary reason behind this seems to be an effort to preserve the supply of N95 masks for health care workers, not because N95 masks are ineffective. The lack of transparency around the rationale for this past guidance is dismaying. A secondary reason relates to the fact that the virus particles are smaller than the weave on typical cloth face masks. But along the lines of 'don't let the perfect be the enemy of the good,' cloth masks do provide some protection- especially for those around the wearer.

  12. May 2020
    1. that the sample mean would be greater than the observed value AVERAGE(array)

      This is contradictory and circular, isn't it? Shouldn't it say '...that the sample mean would be greater than the population mean'? Or...?? What do they mean by 'observed value'? Ah, I think I get it. It is comparing THIS sample mean, with OTHER POTENTIAL sample means?

    2. sample mean.

      this is SO confusingly worded.And inaccurate, I believe. Z.TEST returns the probability that the sample mean is greater than the POPULATION mean and the likelihood that this difference is due to chance (vs. a true difference in the group as compared to the population). So you can really think of this as a RIGHT-TAILED TEST. To run a left-tailed test, you must subtract the result of Z.TEST from 1. I believe that to be true. Anyone want to chime in on this?

  13. Mar 2020
  14. Sep 2019
    1. requirements for the role.

      do we know that a certified social worker really understands the requirements for the role, as defined by ESA cert and counseling standards? Until PESB stops differentiating between social worker role, school counselor role, etc., I'm not sure that we can claim it would be an appropriate placement/field experience. (unless a different mentor was assigned???)