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A Study of the Vacating of Arbitral Awards by Finding Harmony of Case Law with Statutory Law of the United States (미국의 중재판정 취소에 관한 연구: 판례법과 제정법의 조화를 중심으로)

  • Kim, Chin-Hyon;Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.125-157
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    • 2012
  • This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored a hostile attitude toward arbitration. The purpose of the Federal Arbitration Act (FAA) of the United States, enacted in 1925, was to eliminate the hostile attitude of courts toward arbitration. Congress is to enforce arbitration agreements into which parties have entered and to place arbitration agreements upon the same footing as other contracts. The structure of grounds for vacating arbitration awards has two layers. One is of vacating grounds with statutory origins, such as the FAA and the Uniform Arbitration Act, and the other, of vacating grounds originating from a nonstatutory, case law background. For a while, vacatur based on case law has coexisted with vacatur on statutory grounds for arbitration awards. After the Supreme Court decision in Hall Street Associates, L.L.C. v. Mattel, Inc., however, the justification of vacating based on case law has weakened. Post-Hall Street decisions of circuit courts show ways to deal with manifest disregard of the law. One of them is the harmonization of the case law grounds for vacating with the statutory grounds. It seems that the manifest-disregard-of-law and public-policy exceptions show a possibility of survival after Hall Street. However, other nonstatutory grounds for vacation of arbitration awards have no firm basis after Hall Street.

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The Validity and Reliability of the Korean Version of Readiness for Practice Survey for Nursing Students (한국어판 간호학생 간호실무준비도 측정도구의 타당도와 신뢰도)

  • Lee, Tae Wha;Ji, Yoonjung;Yoon, Yea Seul
    • Journal of Korean Academy of Nursing
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    • v.52 no.6
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    • pp.564-581
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    • 2022
  • Purpose: This study aimed to evaluate the validity and reliability of the Korean version of the Readiness for Practice Survey (K-RPS). Method: The English Readiness for Practice Survey was translated into Korean using the Translation, Review, Adjudication, Pretesting, and Documentation (TRAPD) method. Secondary data analysis was performed using the dataset from the New Nurse e-Cohort study (Panel 2020) in South Korea. This study used a nationally representative sample of 812 senior nursing students. Exploratory and confirmatory factor analyses were also conducted. Convergent validity within the items and discriminant validity between factors were assessed to evaluate construct validity. Construct validity for hypothesis testing was evaluated using convergent and discriminant validity. Ordinary α was used to assess reliability. Results: The K-RPS comprises 20 items examining four factors: clinical problem solving, learning experience, professional responsibilities, and professional preparation. Although the convergent validity of the items was successfully verified, discriminant validity between the factors was not. The K-RPS construct validity was verified using a bi-factor model (CMIN/DF 2.20, RMSEA .06, TLI .97, CFI .97, and PGFI .59). The K-RPS was significantly correlated with self-esteem (r = .43, p < .001) and anxiety about clinical practicum (r = - .50, p < .001). Internal consistency was reliable based on an ordinary α of .88. Conclusion: The K-RPS is both valid and reliable and can be used as a standardized Korean version of the Readiness for Practice measurement tool.

Learning acoustic cue weights for Korean stops through L2 perception training (지각 훈련을 통한 한국어 폐쇄음 음향 신호 가중치의 L2 학습)

  • Oh, Eunjin
    • Phonetics and Speech Sciences
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    • v.13 no.4
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    • pp.9-21
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    • 2021
  • This study investigated whether Korean learners improve acoustic cue weights to identify Korean lenis and aspirated stops in the direction of native values through perception training that focused on contrasting the stops in various phonetic contexts. Nineteen native Chinese learners of Korean and two native Korean instructors for the perception training participated in the experiment. A training group and a non-training group were divided according to pretest results, and only the training group participated in the training for 5 days. To estimate the perceptual weights of the stop cues, a pretest and a posttest were conducted with stimuli whose stop cues (F0 and VOT) were systematically manipulated. Binary logistic regression analyses were performed on each learner's test results to calculate perceptual β coefficients, which estimate the perceptual weights of the acoustic cues used in identifying the stop contrast. The training group showed a statistically significant increase of 0.451 on average in the posttest for the coefficient values of the F0, which is the primary cue for the stop contrast, whereas the non-training group showed an insignificant increase of 0.246. The patterns of change in the F0 use after training varied considerably among individual learners.

Fecal Calprotectin and Phenotype Severity in Patients with Cystic Fibrosis: A Systematic Review and Meta-Analysis

  • Talebi, Saeedeh;Day, Andrew S.;Rezaiyan, Majid Khadem;Ranjbar, Golnaz;Zarei, Mitra;Safarian, Mahammad;Kianifar, Hamid Reza
    • Pediatric Gastroenterology, Hepatology & Nutrition
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    • v.25 no.1
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    • pp.1-12
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    • 2022
  • Inflammation plays an important role in the outcome of patients with cystic fibrosis (CF). It may develop due to cystic fibrosis transmembrane conductance regulator protein dysfunction, pancreatic insufficiency, or prolonged pulmonary infection. Fecal calprotectin (FC) has been used as a noninvasive method to detect inflammation. Therefore, the aim of the current meta-analysis was to investigate the relationship between FC and phenotype severity in patients with CF. In this study, searches were conducted in PubMed, Science Direct, Scopus, and Embase databases up to August 2021 using terms such as "cystic fibrosis," "intestine," "calprotectin," and "inflammation." Only articles published in English and human studies were selected. The primary outcome was the level of FC in patients with CF. The secondary outcome was the relationship between FC and clinical severity. Statistical analysis was performed using Comprehensive Meta-Analysis software. Of the initial 303 references, only six articles met the inclusion criteria. The mean (95% confidence interval [CI]) level of FC was 256.5 mg/dL (114.1-398.9). FC levels were significantly associated with pancreatic insufficiency (mean, 243.02; 95% CI, 74.3 to 411.6; p=0.005; I2=0), pulmonary function (r=-0.39; 95% CI, -0.58 to -0.15; p=0.002; I2=60%), body mass index (r=-0.514; 95% CI, 0.26 to 0.69; p<0.001; I2=0%), and Pseudomonas colonization (mean, 174.77; 95% CI, 12.5 to 337.02; p=0.035; I2=71%). While FC is a reliable noninvasive marker for detecting gastrointestinal inflammation, it is also correlated with the severity of the disease in patients with CF.

Performance, Egg Quality, and Immunity of Laying Hens due to Natural Carotenoid Supplementation: A Meta-Analysis

  • Fitri Yunitasari;Anuraga Jayanegara;Niken Ulupi
    • Food Science of Animal Resources
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    • v.43 no.2
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    • pp.282-304
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    • 2023
  • This study aimed to investigate the effectiveness of carotenoid supplementation on the performance, egg quality, and immunity of laying hens using a meta-analysis approach. The database was searched using Google Scholar and Scopus, from 2012 to 2022. The literature was published in English. 47 Articles were selected for meta-analysis. Analyses were performed using the Open Meta-analyst for Ecology and Evolution (OpenMEE) software. The heterogeneity and data validation against publication bias were analyzed using JASP 0.16.2 software. Overall, the results showed that carotenoid supplementation improved feed intake by 0.32 g/day/hen [95% confidence interval (CI)=0.02 to 0.61], final body weight by 0.33 g/hen (95% CI=0.05 to 0.60), egg production by 0.38% (95% CI=0.14 to 0.63), egg weight by 0.29 g (95% CI=0.09 to 0.5), yolk colour by 2.11 (95% CI=1.71 to 2.51), Haugh unit (HU) by 0.26 (95% CI=0.11 to 0.42), yolk carotenoids by 1.17 ㎍/kg (95% CI=0.59 to 1.75), immunoglobulin A (IgA) by 0.74 mg/L (95% CI=0.18 to 1.29), and lower yolk cholesterol by -0.38 mg/g (95% CI=-0.59 to -0.16). Feed conversion ratio (FCR), eggshell thickness, and white blood cells were unaffected by the application of carotenoids. The heterogeneity analysis showed variability in all studies (<0.05). In conclusion, carotenoid supplementation can elevate productivity, enhance egg quality, and improve immunity. However, based on Kendall's test, there was a publication bias in several parameters, namely FCR, egg weight, HU, yolk carotenoids, and IgA.

Comparison of hematological and serum biochemical parameters among small breed dogs (국내 반려견의 품종에 따른 혈구 및 생화학 수치 비교 연구)

  • Kim, Eunju;Choe, Changyong;Yoo, Jae Gyu;So, Kyoung-Min;Jung, Younghun;Cho, Ara;Kim, Suhee;Oh, Sang-Ik;Do, Yoon Jung
    • Korean Journal of Veterinary Service
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    • v.41 no.1
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    • pp.1-8
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    • 2018
  • Hematological and serum biochemical analyses are routinely used to screen dogs for disease and monitor their clinical progression. These values in dogs may be affected by internal factors, such as breed and age, and external factors like environment, diet, and lifestyle. Apparently, subclinical breed-related variations in hematologic and serum biochemical results have been characterized for Bernese Mountain dogs, Alaskan Malamutes, English Setters, and Golden Retrievers. It is possible that some breed-related differences in clinical pathology analyses may reflect evidence of underlying disease and impact clinical decision plan. In this study, we estimated hematologic and serum biochemical parameters in small breed dogs and compared among four different breed dogs. Blood samples were collected from 38 domestic dogs that were 10 Beagles, 9 Malteses, 10 Poodles, and 9 Miniature Schnauzers. In terms of RBC count, Beagle ($7.2{\pm}0.24{\times}10^3cells/{\mu}L$) showed significantly (P<0.05) higher count than other breeds (Maltese, $6.51{\pm}0.25{\times}10^3cells/{\mu}L$; Poodle, $6.35{\pm}0.24{\times}10^3cells/{\mu}L$; and Miniature Schnauzer, $6.35{\pm}0.25{\times}10^3cells/{\mu}L$). For MCV, Miniature Schnauzer ($67.05{\pm}0.84fl$) results were significantly (P<0.05) higher than Beagle with $64.33{\pm}0.8fl$. For cholesterol value, Beagle ($163.3{\pm}9.15mg/dl$) had significantly (P<0.05) higher values than Miniature Schnauzer with $119.12{\pm}9.64mg/dl$. There was no statistically difference among breeds in terms of enzyme markers of liver diseases. In conclusion, data obtained from this study may be valuable as breed-related variability for interpretation of the results in hematologic and serum biochemical analysis among four small breed dogs.

Silicon Uptake Level of Six Potted Plants from a Potassium Silicate-supplemented Hydroponic Solution (규산칼륨 첨가 양액으로부터 6가지 분식물의 규소 흡수도)

  • Son, Moon Sook;Song, Ju Yeon;Lim, Mi Young;Sivanesan, Iyyakkannu;Kim, Gui Soon;Jeong, Byoung Ryong
    • Horticultural Science & Technology
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    • v.31 no.2
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    • pp.153-158
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    • 2013
  • This research was carried out to investigate silicon (Si) uptake levels by six potted plant species from a nutrient solution supplemented with $K_2SiO_3$. Uniform rooted plants of Dendranthema grandiflorum Ramat., Spathiphyllum patinii N.E. BR., Kalanchoe blossfeldiana, Hedera helix L., Dianthus caryophyllus L., and Euphorbia pulcherrima Willd. were grown in 350 mL boxes, one plant per box, containing a nutrient solution supplemented with either 0, 2.7, or 5.4 mM Si as $K_2SiO_3$. The nutrient solution in each container was adjusted to EC $1.5mS{\cdot}cm^{-1}$ and pH 5.6. The solution in each container was aerated by an 1 m-long polyethylene tube, all connected to a vacuum pump. After 15 days of cultivation in a glasshouse Si contents in the roots and shoots were measured using the colorimetric molybdate method and amount of remaining Si in the nutrient solution was measured using the ICP-AES to calculate the amount of absorption. A simple regression analysis was performed to observe the changes in Si contents in the roots and shoots as affected by concentration of Si supplied to the solution. Among the six species tested, carnation had the greatest and poinsettia the lowest tissue levels of Si concentration in the root, whereas carnation had the greatest and kalanchoe the lowest tissue levels of Si concentration in the shoot. Based on the Si content in the whole plant, Si uptake levels by poinsettia, kalanchoe, and chrysanthemum were low, whereas those by spathiphyllum were intermediate, and those of English ivy and carnation were high. These results indicated that the uptake level of Si by the plant vary depending on plant species.

Validity and reliability test of the Health Self-Determinism Index for American Children (아동용 건강자기결정 지표의 타당도 및 신뢰도 조사 -미국 아동을 대상으로-)

  • Hong Kyung Ja
    • Child Health Nursing Research
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    • v.1 no.1
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    • pp.47-58
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    • 1995
  • This study was performed to test the validity and reliability of the Health Self-Determinism Index for Children(HSDI-C), an instrument designed to measure dimensions and strength of motivation in health behavior, to improve the applicability of the tool through application to the various samples. The convenient sample of 148 (boys=75, girls=72 third grade=42, fourth grade=22, fifth grade=32, sixth grade=52 : Caucasian=72, Asian=30, African=19) comprised the children at a chatholic elementary school in Chicago. The children completed English version of HSDI-C from December 5th, 1994 to January l0th, 1995. The findings were as follows : 1. Four factors of HSDI-C were isolated through the principal component analysis and oblique rotation, and explained 48% of the variance in total score. Low correlations among four factors were anticipated because each factor contributed uniquely, All items of the tool loaded above .30 on one of 4 factors. But items loaded on each factor in this study were very different from those in the previous studies. 2. Cronbach's alpha coefficient for internal consistency was .81 for the total items and .57∼ .81 for 4 subscales. 3. The differences of HSDI-c mean scores between boys and girls and that of among races were not statistically signifcant, but the mean score of girls and the Caucasian were relatively high. The total mean score of the scale was highest at the 3rd grade, decreased at the 4th or 5th grade, and reincreased at the 6th grade. The trend of mean score of four subscales was similar to that of total mean score. According to the results, suggested below : 1. The items loaded on each factor in this study were very different from those in the previous studies. To clear away the problem of the conceptual confusion, HSDI-C needs to be performed to various and large samples. 2. Unexpectedly, the HSDI-C mean score decreased at middle school age. A longitudinal study will be helpful to search for the change trend of the intrinsic motivation. 3. To improve the applicabilty of the HSDI-C, various reliability and validity test methods besides factor analysis or internal consistency are recommended.

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A Systemic Review of Recent Randomized Controlled Trials of Insomnia in Climacteric Syndrome Treated with Acupuncture (갱년기 증후군으로 인한 불면의 침 치료 무작위 대조군 최신 연구의 체계적 문헌 고찰과 메타 분석)

  • Na, Jee-Young;Park, Jang-Kyung;Yoon, Young-Jin
    • The Journal of Korean Obstetrics and Gynecology
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    • v.35 no.3
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    • pp.56-73
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    • 2022
  • Objectives: This study was aimed to review the effect of acupuncture for insomnia in climacteric syndrome. Methods: Researchers searched data through 5 online databases up to December 2021. The data was limited to randomized controlled trial studies on patients diagnosed with insomnia in climacteric syndrome. Results: 8 Randomized controlled trials were included in this study. 6 of studies were published in Chinese, in China. 2 were published in English. Intervention of treatment group were composed of simple acupuncture. Intervention of control group were made up with Estazolam, Alprazolam, Lorazepam and sham-acupuncture. Outcome measurements were Total effective rate, Pittsburgh Sleep Quality Index (PSQI), Kupperman index, Menopause Quality of Life scales (Men-QoL), the level of hormones (E2, FSH, LH) etc. In all outcome measurements, treatment group were more effective than control group and it was statistically significant. Conclusions: Acupunture therapy is effective for treating insomnia in climacteric syndrome. Pittsburgh Sleep Quality Index (PSQI) is most frequently used for sleep assessment indicator. 神門 (HT7) is the most frequently used acupoint for treatment group. However because insomnia in climacteric syndrome is easy to recur, additional long-term research is needed.

An Attempt for Establishing Indention on Drawing up Card Catalogue. (Card 목록작성에 있어서 기선(Indention) 설정을 위한 시도)

  • 김남석
    • Journal of Korean Library and Information Science Society
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    • v.4
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    • pp.61-90
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    • 1977
  • The historical development of books examination with utilizing science become inevitable to the machanization of library catalogues. With the advance of times, like this, a new- development of $Indention('||'&'||'$ : Kisun) must be sought for which is a kind of descriptive catalogues being used now. This paper is scheduled to grasp problems in the course of using and logical grounds of Indention which hal-e been used disordering. It must be considered that four kinds of Icdention settlement is suitable to the features of Korean letters. 1) TI-e must consider the features of Korean Language and Oriental Language writing(Japan, China). There must be a establishment of floating $Indention('||'&'||'E$ : Kisun), which are suitable for the writting style or hand writting man on the point of most of Koreans are depend upon hand witting, then books catalogues like western language, not left edge of the cards of the $Indention(B$ : Kisun) establishing, from edge to Call Number, from the last of the Call Number to First Indention(%-Bl63). First Indention(%-%%) to a space of Second $indention($\ulcorner^%)$ must be established and then, every catalogue and Indentions are distinguished surely. 2) \Then we consider the developing catalogue making in the future. It is important to establish a fixed $Indention('||'&'||'$ : Kisun) for machinization of typewriter(Korean, Mimeographing) and computer, etc ... not "Cm" unit but "Space" unit, and consider oriental letter, ne make more surplus space as a Indention, we can give anadaptablity of using machines. 3) Considering typography printing and type-setting printing by printing type, we must fit the $Indention(\ulcorner'||'&'||'$ : Kisun) as a "Cm" unit, and there must be a re-adjustment of $Indention(g$$ : Kisun) which considered the complexity of Call Number by a mass of collecting books like this, the establishment of Indention(E'||'&'||'j!: Kisun). We must not use a uilified one as a concrete conception by "Space" or "Cm" unit which has been used now but re-adjusted adaptably which can be fited as a method of making of catalogues. 4) The name of $Indcntion(J, S$ : Kisun) has becll called 7;arious methods until now, but English Indention which has been used without any concrete mexirig must be used as a ours fitable as a our mind. The above mentioned is presented as a Indention and examinational l~letilods by myself style, I wants these r i l l be helpful to the future developments of the machanization of Indention $(sf:$ Ki sun). Concrete studies must be continued in the future for development of $Indention(zj:$ : Kisun). : Kisun).

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