Technology Transfer Trends in the Department of Education

The National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education, is the only federal agency mandated to improve the functional capabilities of people with disabilities. The application of technology is one means for addressing this mandate, so NIDRR operates programs that research, develop and commercialize assistive technology devices and services. To support this activity, the NIDRR collaborates with other federal agencies, and supports a national technology transfer center focused on bringing new or improved products to the marketplace.     

Assistive technology as support for the exercise of legal capacity

Exercising legal capacity refers to engaging in legal transactions and relationships and is essential for the full inclusion of people with disabilities in society. The United Nations Convention on the Rights of Persons with Disabilities has enumerated the right to legal capacity on an equal basis and has created a state obligation to provide access to support for the exercise of legal capacity. This article examines the use of assistive devices as support for decision-making in exercising legal capacity for individuals with physical and cognitive impairments; for example, the use of voice recognition programmes, screen readers, and screen enlargement applications to support people with mobility and sensory impairments to use online portals essential for legal actions such as banking. It also discusses the experimental use of cognitive assistance, including computer or electrical assistive devices, to facilitate communication for people with cognitive impairments including those with no external signs of consciousness. It highlights the diversity of options for ‘support for the exercise of legal capacity’ showing how they can assist people with various disabilities. Finally, the article examines the boundaries of the state obligation to provide such support, including issues of practical implementation and resource allocation.     

Nondiscrimination on the basis of disability in air travel. Final rule

The Department of Transportation is amending its Air Carrier Access Act (ACAA) rules to apply to foreign carriers. The final rule also adds new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The rule also reorganizes and updates the entire ACAA rule. The Department will respond to some matters raised in this rulemaking by issuing a subsequent supplemental notice of proposed rulemaking.     

The State of the Science in Technology Transfer: Implications for the Field of Assistive Technology

The Rehabilitation Engineering Research Center on Technology Transfer (T²RERC) hosted a “State of the Science” conference in November, 2001. The conference reviewed technology transfer work within the field of assistive technology, and summarized related work in public, private and academic sectors. Invited speakers prepared papers on various topics concerning technology transfer, and related their findings to the field of assistive technology during the ensuing discussion sessions. This paper provides an overview of the material presented by the participants, and explores the implications of their findings for one particular field of application—assistive technology for people with disabilities.     

Paths to Market for Supply Push Technology Transfer

The Rehabilitation Engineering Research Center on Technology Transfer (T²RERC) advances the methods of technology transfer through research, transforms technologies into products through development, and facilitates the commercialization of new and improved assistive technology devices. This paper reviews the T²RERC's process and the three primary Paths to Market employed by the T²RERC for new products proceeding through its Supply Push program (Lane, 1999) in a case study format.     

海上人身伤亡案件的法律适用

海上人身伤亡案件受害人有权选择请求加害方承担违约或侵权责任。违约或侵权行为是否构成应根据民法通则、海商法、合同法、劳动法等法律法规确定。违约责任以严格责任为一般原则,海商法规定承运人对旅客承担过错责任不合理。一般侵权行为归责原则为过错责任,而特殊侵权行为为无过错责任。现行的关于海上人身伤亡赔偿的法律、行政规章和司法解释对赔偿范围、损失计算、责任限制的规定标准不一,相互不协调,应予修正。     

美国邮轮旅客保护立法动态研究

美国是目前邮轮旅游立法比较完善的国家,其通过《邮轮安全与安保法》《国际邮轮旅客权利法案》等法律规制邮轮承运人,保障邮轮旅客的合法权益.2013年以来,美国相继制定《邮轮旅客保护法》及《邮轮旅客信任法案》等提案,对于邮轮旅客的权利保护作出了更为详尽和细致的规定.中国未来邮轮立法可从旅游、船舶建造技术、行政监管和邮轮旅游合同当事人权责方面借鉴美国邮轮法律制度.     

Comparison of injuries sustained by drivers and pillion passengers in fatal head-on motorcycle collision accidents

This study aimed to compare injuries sustained by motorcycle drivers with those sustained by pillion passengers in fatal head-on motorcycle collision accidents. We examined 84 cases of fatal head-on motorcycle collision accidents, causing 79 deaths of drivers and 19 deaths of pillion passengers, using medical and medico-legal examination records. The distribution of superficial injuries, characteristic injuries, injury severity as well as fatal causes was evaluated and compared using χ(2) tests. The results revealed a significant difference in the distribution of superficial injuries between drivers and passengers. The proportions of injuries in the hand and perineum regions were significantly higher in drivers than passengers. Some characteristic superficial injuries on the palms, chest, abdomen as well as the perineum areas were observed in drivers, while none of these characteristic injuries were observed in pillion passengers. Drivers were found to have suffered more severe chest and abdomen injuries than passengers. In addition, there was a higher incidence of fatalities involving run-over injuries for drivers compared with pillion passengers. The proportion of fatal injuries related to tumbling was higher for passengers than for drivers. Overall, our results revealed a difference in injury severity, superficial injury distribution and characteristic injuries between drivers and passengers. Few characteristic injuries were found in pillion passengers. These findings could help to guide medico-legal examinations, particularly in identifying drivers among victims involved in traffic accidents.     

The effect of the unrestrained back seat passenger on the injuries suffered by drivers and front seat passengers in head-on collisions

In head-on collisions, loose items in the rear of the car, such as luggage or unrestrained back seat passengers can cause substantial loading on the back of the front seats. The purpose of this paper is to study if such loading increases the injury severity for the front seat occupants. Data were collected from all fatal automobile accidents for a period of 1 year in Sweden. Information was collected about the survivors as well as the decreased. Head-on collisions were selected, and the injuries of the front seat occupants were scored according to the Abbreviated Injury Scale (AIS) and the Injury Severity Score (ISS). In evaluating the injury severity, the collision energy was taken into account. The results indicate that belted front seat passengers sustain a higher injury risk with an unrestrained passenger in the back seat. These results are valid for collision speeds below 45 km/h.     

Mechanisms of aortic blunt rupture in fatally injured front-seat passengers in frontal car collisions: an autopsy study

We tried to explain the mechanisms of the aortic blunt ruptures in fatally injured drivers and front passengers, unrestrained by seatbelts, by analyzing the frequencies of both aortic ruptures and concomitant injuries to 12 organs and body regions. The sample consisted of 393 subjects: 251 drivers and 142 front passengers (325 male and 68 female passengers, the mean age 41.0 +/- 15.5). The total number of the complete blunt aortic ruptures in the sample was 116 (80 in the drivers and 36 in the front passengers). The weakest part of the aorta seems to be the isthmus (47 isthmus ruptures in the drivers and 27 in the front passengers). The statistically significant concomitant injured organs and body regions with the aortic ruptures were the liver, the sternum, and the diaphragm in the car drivers and the head and the neck in the front passengers. According to these results, the mechanisms of thoracic aorta rupture are different for fatally injured drivers and front passengers. For car drivers, they are associated and simultaneous with both thoracic and abdominal compression due to deceleration of the body at the moment when the driver's body slides forward and flexes across and against the steering wheel. For the front passengers, the mechanism is the caudorostral hyperextension of the thoracic aorta at the moment when the body is stopped by a dashboard, but the head continues forward with great velocity: the carotid vessels pull the aortic arch forward at the same time as the intercostal arteries fix the thoracic part of the aorta and pull it downwards.     

Going beyond Ascribed Identities: The Importance of Procedural Justice in Airport Security Screening in Israel

Today, passengers at every major Western airport are subjected to heightened levels of security screening that not only are inconvenient, but also raise important questions about the treatment of members of specific groups that are seen as presenting special security risks. Our study examines the importance of ethnic identity in explaining perceptions of legitimacy in airport screening among a random sample of Jewish and Arab passengers in Israel. The main hypothesis of our study is that ethnicity will play a major role in predicting passengers’ attitudes toward the airport security process. In fact, our survey shows that Israeli Arab passengers are, on average, significantly more negative regarding the legitimacy of security checks than Israeli Jewish passengers are. However, using a multivariate model, we find that ethnicity (Arab versus Jew) disappears as a significant predictor of legitimacy when we included factors of procedural justice and controlled for specific characteristics of the security process. The results of our research indicate that differences in legitimacy perceptions are by and large the result of the processes used in airport screening and not a direct result of ethnic identity. In concluding, we argue that profiling strategies aimed at preventing terrorism, which often include embarrassing public procedures, may actually jeopardize passengers’ trust in airport security. Such security is dependent on the cooperation of citizens, and heightened security procedures focused on particular groups may compromise legitimacy evaluations and thus the cooperation of the public.     

1110例汽车驾驶员及乘员交通伤特点分析

目的比较道路交通事故中汽车驾驶员及乘员的损伤特点,为汽车安全设计及事故预防提供参考。方法选择2006～2009年受理的交通伤害案件中373例汽车驾驶员及737例汽车乘员的伤残评定资料进行回顾性分析,对损伤部位的分布,多发伤的数量以及伤残等级进行比较。结果驾驶员损伤部位明显较乘员多,肢体、胸腹损伤发生率明显较乘员高,脊柱损伤的发生率明显较乘员低;驾驶员身体左侧受伤的几率较右侧高,而乘员左右损伤差异不显著;两类人员损伤所致伤残等级腹部、盆部分布显著不同,而其他部位无显著差异,但胸部、脊柱部位高等级伤残构成比乘员略多于驾驶员。结论汽车驾驶员与乘员损伤部位、数量及部分部位的损伤致残程度有差异,值得汽车安全设计及交通管理部门参考。     

Medical devices; effective date of requirement for premarket approval for three preamendment class III devices. Food and Drug Administration, HHS. Final rule

The Food and Drug Administration (FDA) is issuing a final rule to retain three class III preamendment devices in class III and to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the following devices: The lung water monitor, the powered vaginal muscle stimulator, and the stair-climbing wheelchair. The agency has summarized its findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring the devices to meet the statute's approval requirements and the benefits to the public from the use of the devices.     

火车站核查旅客身份证行为的行政法原则分析

在火车站对身份证核查的行政行为本身是属于行政机关的正当权限范围内的行为,但是,如果把这一行为作为一种常设性行政行为存在,并要求部分或全部旅客都要接受核查,则又走向了另一个极端,导致了行政行为的异化,从行政法基本原则的角度分析,这一行为则违反了行政服务性原则、行政效益原则、行政比例原则,以及程序正当性原则的现代行政法理念的要求,需要对这一行为予以重新定位。     

Medical device reporting--FDA. Final rule

The Food and Drug Administration (FDA) is issuing a final rule that requires manufacturers and importers of medical devices, including diagnostic devices, to report to FDA whenever the manufacturer or importer receives or otherwise becomes aware of information that reasonably suggests that one of its marketed devices (1) may have caused or contributed to a death or serious injury or (2) has malfunctioned and that the device or any other device marketed by the manufacturer or importer would be likely to cause or contribute to a death or serious injury if the malfunction were to recur. FDA is taking this action under the Medical Device Amendments of 1976. The final rule is intended to assure that FDA is informed promptly of all serious problems or potentially serious problems associated with marketed devices. FDA is the principal public health agency responsible for ensuring that devices are safe and effective. To carry out its responsibilities, the agency needs to be informed whenever a manufacturer or importer receives or otherwise becomes aware of information about device problems. Only if FDA is provided with such information will it be able to evaluate the risk, if any, associated with a device and take whatever action is necessary to reduce or eliminate the public's exposure to this risk. Depending on the facts and circumstances, these steps could include contacting the manufacturer or importer of the device and monitoring its voluntary actions to respond to the problem, initiating a consumer or user education program, or initiating regulatory action, such as injunction, seizure, or other enforcement action.     

Availability and Accessibility of the Nation's Research Infrastructure: The Transfer of Assistive Technologies by Federal Laboratories

The Federal Laboratories have almost 30 years of history in technology transfer. This paper examines some critical factors leading and impeding success, in terms of strategic partnerships, mission relevance and transfer context. The paper also considers future potential for transfers to the field of assistive technology for people with disabilities.     

Civilian Health and Medical Program of the Uniformed Service (CHAMPUS); prosthetic devices. Office of the Secretary, DoD. Final rule

This final rule implements Section 702 of the National Defense Authorization Act for Fiscal Year 1998, which authorizes purchase of prosthetic devices, as determined by the Secretary of Defense, to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease. The Act changes the existing limited provisions for prosthetic devices, expanding coverage to include the cost sharing of other prostheses, e.g., noses, ears and fingers.     

Obstetric and gynecology devices; effective date of requirement for premarket approval for glans sheath devices. Final rule

The Food and Drug Administration (FDA) is issuing a final rule to require the filing of a premarket approval application (PMA) or a notice of completion of product development protocol (PDP) for glans sheath medical devices. The agency has previously published its findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring the devices to meet the statute's approval requirements and the benefits to the public from the use of the devices.     

Effective date of requirement for premarket approval for three class III preamendments devices. Final rule

The Food and Drug Administration (FDA) is issuing a final rule to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the following three class III preamendments devices: Ventricular bypass (assist) device; pacemaker repair or replacement material; and female condom. The Agency has summarized its findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring the devices to meet the statute's approval requirements and the benefits to the public from the use of the devices. This action implements certain statutory requirements.     

Does accessible technology need an ‘entrepreneurial state’? The creation of an EU market of universally designed and assistive technology through state aid

EU State aid law has sought to enable people with disabilities to obtain employment, yet has not been explicitly included in the toolbox of policy options to improve the availability and choice of accessible technology within the EU Internal market. This seems to be the consequence of an inherent bias against State intervention in the market, which is mostly unwelcome since it can limit open and free competition. This also reiterates the ‘less-aid’ policy and the purely economic approach to State aid professed by the European Commission. Against this background, this article discusses the potential for EU State aid policy to foster both ‘design for all’ and innovative assistive devices for people with disabilities. It seeks to argue that the goal of an EU-wide market of accessible technology can be achieved using EU State aid law. In particular, this article aims to highlight that a more targeted use of EU State aid law can lead developers to increase the production of accessible goods, to adjust or reduce prices and to provide consumers with a greater degree of choice in a greater number of marketplaces. Whilst it adopts a legal approach, this analysis relies inter alia on economic evidence and recalls the pamphlet recently published by Mazzuccato, from which the title of this work has drawn inspiration.