Monthly Archives: September 2021

Ride around the home of Stella Artois in virtual reality – News24

Posted: September 27, 2021 at 6:14 pm

Ride one of Belgian's most iconic city routes, in a new virtual stage formate (Photo: RGT)

Inspired by the UCI Road Cycling World Championships in Flanders, RGT has released a new 15km Leuven City course.

Working in partnership with Deloitte and the city of Flanders, developers used cutting edge methods to create one of the most detailed courses to date.

An innovative new mapping method more accurately replicated the real-world roads, parcours and buildings.

There are fewer than 2500 buildings on the map. These include some of Leuvens most renowned structures that have been painstakingly recreated in even greater detail, ensuring that riders get to experience a completely immersive virtual cycling experience.

The Leuven City course incorporates the climbs of the Keizersburg, Decouxlaan, Wijnpers and Sint-Antoniusberg. In total, there is a136m of elevation gain on the 15.4km virtual course before crossing the finish line at the Geldenaasevest by the Sint-Antoniusberg church.

Attack this season's UCI World Championship stage, from your living room (Photo: RGT)

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Fortunately, the route passes the Stella Brewery, so riders not racing for the win can stop for hop based refreshments - ensure that the fridge in your pain cave is well stocked.

RGTs De Ronde road, built in partnership with Tour of Flanders organisers, has been a firm favourite on the platform. This made expanding more Belgian course offerings, including the Leuven City course, an obvious decision.

Adding this new route to the RGT platform allows riders from anywhere in the world to get a feel for the course that the worlds best raced for the 2021 UCI road World Championships.

Developers have worked hard, to ensure a mix of historical buildings (Photo: RGT)

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RGT Cycling is a free to usevirtual reality cycling simulator available for PC, Mac and Apple TV. RGT developers are continually pushing the boundaries of what was previously possible to provide cyclists with a captivating indoor training experience.

The RGT team and its athletes will celebrate the addition of this new route with the Flat Out Flanders series that includes time trials, road races and hill climbs, with prizes from Wahoo up for grabs.

Following the UCI World Championships in Flanders, is another Belgian classic: the iconic Paris-Roubaix, one of the most celebrated one-day races on the calendar.

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‘This will translate to the real world’: Nursing students learn skills through virtual reality – NewsCenterMaine.com WCSH-WLBZ

Posted: at 6:14 pm

Training in hospitals is limited during the COVID-19 pandemic but virtual reality is filling that gap.

PORTLAND, Maine Nursing students have had few opportunities to learn in hospital settings because of the COVID-19 pandemic. But students at the University of New England's School of Nursing and Population Healthprogram are learning skills to prepare for the real world with the help of virtual reality simulations.

During class on UNE's Portland campus, nursing students are assessing a patient through a virtual reality simulation program.

One scenario takes place in a hospital maternity ward. Students must first determine the symptoms of a pregnant patient, who was just sent over from her doctor's office. Students check reflexes, vital signs of both mom and baby.

Through VR nursing students are learning hands-on skills at a time when watching "real world" hospitalizations is very limited.

"With the challenges of COVID-19, oftentimes those units are closed to our students for learning, so being able to experience in the virtual reality has been a huge benefit," Dawn-Marie Dunbar, the director of the UNE Simulation Center, said.

Kathleen Humphries, who is a senior in the program, said the scenarios make her feel like she is actually in the room with the patient.

"It does allow us to screen for more critical cases where we need to do interventions and call providers," Humphries said.

After the students run through a scenario, they get immediate feedback on their mistakes without the stress of "practicing" skills on a real patient.

"A lot of times we can go back in and redo the scenario and it's a good opportunity to really learn," Katy Hancock, a senior nursing student said.

Students are practicing different virtual scenarios including pediatric wards and community clinics to better equip these future nurses to care for patients in any type of setting.

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'This will translate to the real world': Nursing students learn skills through virtual reality - NewsCenterMaine.com WCSH-WLBZ

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Hoag Hospital to Host Conference of Experts in Therapeutic Use of Virtual Reality Oct. 1 – Newport Beach News – Newport Beach Independent Newspaper

Posted: at 6:14 pm

Hoag Memorial Hospital Presbyterian is hosting a conference of experts in therapeutic use of virtual reality and how it is transforming health care on Friday, Oct. 1 from 8 a.m. to 4:30 p.m.

And fittingly, this VR conference will be held virtually online. The daylong conference is designed for physicians, nurses, allied health professionals, and community members, and is free to attend.

A preview of the new Hoag Center for Advanced Visualization and Immersive Therapeutics will be presented at this symposium.

Hoag excels at advanced care delivery, moving the needle forward in how we take care of people, Dr. Robert Louis of Hoag said. In bringing together experts from around the world, we hope to share and learn from one another about how to think about VR development to improve the patient experience.

To register for the conference and to learn more about the presenters and topics, visit https://www2.hoag.org/advances-in-vr.

Program presentations:

AR and VR Technology Converging with Machine Learning, Biosensing, and Telemedicine to Transform Healthcare

Walter Greenleaf, PhD, Neuroscientist and Medical Technology Developer, Virtual Human Interaction Laboratory, Stanford University

Solving Problems with Advanced Visualization Technologies

Robert Louis, MD, FAANS, Empower360 Endowed Chair in Skull Base and Minimally Invasive Neurosurgery, Director, Skull Base and Pituitary Program, Hoag

Beyond Questionnaires: Measuring What Matters in Immersive Training and Therapy Using Biosensing VR Technology

Charles Nduka, MA, MD, FRCS, CEO & Chief Scientific Officer, Emteq Labs

XR for Simulating, Comforting, and Assisting Patients

Gregory F. Welch, PhD, Pegasus Professor and AdventHealth Endowed Chair in Simulation, College of Nursing, Department of Computer Science, and Institute for Simulation & Training, University of Central Florida

The Promise of Virtual Reality in Healthcare: Its All in the Neuroscience

Todd Maddox, PhD, Vice President, Research & Development, AppliedVR

VR for Chronic Pain 3 Month Post-treatment Efficacy Data

Beth Darnall, PhD, Associate Professor, Department of Anesthesiology, Perioperative, and Pain Medicine, Stanford University School of Medicine, Chief Science Advisor, AppliedVR

Advancing Surgical Epilepsy Care with VR/AR

Vivek Mehta, MD, Neurosurgeon, Pickup Family Neurosciences Institute

Use of Virtual and Augmented Reality in Urologic Oncology

Jeffrey C. Bassett, MD, MPH, Urologic Oncologist, Hoag Urologic Oncology

Tackling Anxiety and Depression with Immersive Therapeutics

Aaron Gani, Founder and Chief Executive Officer, BehaVR, LLC

Virtual Reality is Real and Here to Stay

Brendon Hale, PhD, Sr. Principal Research Scientist, OptumLabs

Integrating Immersive Therapies into Practice Through Purposeful Design and Accessibility

Adam Elsesser, President, Chairman, and Chief Executive Officer, Penumbra, Inc.

Use of Virtual and Augmented Reality Technologies in the Assessment and Treatment of Cognitive Disorders

Lauren Bennett, PhD, Director of Neuropsychology and Clinical Training, Hoag

Are We in the Metaverse Yet? Understanding Immersive Technologies and Why They Matter to Everyone.

Pearly Chen, Emerging Tech VR/AR Executive

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Facebook investing $50 million to build metaverse – CNET

Posted: at 6:14 pm

Facebook wants to create a virtual space for everyone.

Facebook made strides in both augmented reality and virtual reality with its Facebook Reality Labs. Now the social media platform wants to create virtual spaces and build its own metaverse.

Facebook plans to invest $50 million to create a metaversethat it says will be "a set of virtual spaces where you can create and explore with other people who aren't in the same physical space as you." The money will be spent over two years through its XR Programs and Research Fund, with plans to work with other organizations, nonprofits, academic institutions and governments. A metaverse would need more than just Facebook to create it, the company says, and it could take 10 to 15 years to bring this idea to fruition.

Along with laying out its plans for creating a metaverse, Facebook says it will build the virtual spaces responsibly. This includes keeping individuals' privacy intact by minimizing the amount of data used, keeping people online safe, giving individuals choices for a thriving digital economy and making sure the technologies created are inclusive and accessible.

This new venture into virtual spaces by Facebook comes a week after the social media titan named a new chief technology officer. Andrew Bosworth, the current vice president of augmented and virtual reality, will be the CTO starting in October.

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Boosted by virtual reality and AI, telesurgery is on the rise – Healthcare IT News

Posted: at 6:14 pm

Dr. Sam Browd is a Seattle neurosurgeon who is taking telemedicine and virtual reality technology to a different, unexpected place the operating room.

Browd is professor of neurological surgery at the University of Washington, an attending neurosurgeon at Seattle Children's Hospital, and cofounder and chief medical officer at health IT vendor Proprio. He has spent the last few years working with engineers and other surgeons to bring the operating room out of the analog world and into the digital.

What they've created is a new technology that provides surgeons a 360-view of surgery by combining virtual reality and artificial intelligence, enabling surgeons to integrate information in new ways. Out of this, too, comes work on telesurgery the ability to do live surgery in different locations or mentorship and proctorship.

Browd believes this will democratize surgery across the world, including training medical students from thousands of miles away.

Healthcare IT News tapped Browd's expertise in this interview to discuss these technological breakthroughs and how they will help clinicians and patients alike.

Q. Where is the healthcare industry today with regard to telesurgery? Also, please describe your work in creating the ability to do live surgery, mentorship and proctorship.

A. While the healthcare industry at large has gone through many key transitions and iterations, telemedicine is still in its infancy, albeit in a hyper-accelerated mode due to the necessities of providing care during the pandemic. Our thesis from years back was that technology is now positioned to fundamentally take what has been a largely analog space and make it fully digital in terms of the tools used to assist the surgeon and expand their abilities.

Our goal is to use technology to elevate the performance and competency of every surgeon, and capture, analyze and share nuanced knowledge and technical aspects of surgery for training, simulation and eventually clinical decision support that is immediate, relevant and contextual to the case. To make the leap from today to the "Super Surgeons" of tomorrow that requires the increased use and adoption of technology.

As we look around the world, there are a number of small companies that have started to look at telesurgery. Current technological approaches focus on extending the consumer video conferencing paradigm to use in the operating room. These methods of 2-D display will enable a first pass at telementoring and teleproctorship, but these are fundamentally limited because they solely leverage common RGB cameras placed over or near the operative field.

These are validating approaches relative to our thesis and are a step in the right direction, but it's only the beginning. I have done this in practice recently, remote proctoring a colleague in Australia through a highly technical procedure for the first time. Through this integration, we were able to live-stream the video from the operative microscope,and we communicated live throughout the six-hour operation while I was in my Seattle office.

The challenge is that currently these types of technologies lack the richness, depth and overall context that is obtained by seeing the depth of field, and the immersive experience is lacking. That said, my experience and the companies emerging in this space indicate there's a clear interest and need to do virtual mentorship and proctorship.

At Proprio, we believe telesurgery is the ability to take detailed, in-depth data in the operative room and share it in real time, anywhere,and with imperceptible latency, so assisting surgeons can have the experience of depth perception and immersion as if they were in the operative room next to the lead surgeon.

We think this type of experience will provide a myriad of opportunities for education and outreachand, importantly, facilitate the essential democratization of surgical training and knowledge-sharing to build, grow and foster the next generation of surgeons around the worldimportantly positively impacting areas that are underserved and lack access to high-quality surgical care.

Longer term, being able to operate remotely and provide mentor-proctorship, regardless of location, time zone or surgical capabilities, is going to drastically amplify the ability for specialists to more broadly share their skills and provide surgical guidance creating the next generation "Super Surgeons."

Beyond just the betterment of human performance, it is only a matter of time before companies such as Proprio will facilitate the integration and ability of surgical robotics. The success of robotics in surgery is integrally tied to knowing the location, changes and complexity of the anatomy which is operated upon.

Our overarching vision is to take the performance of surgery into the digital age, improving human performance and ultimately facilitating the transfer of knowledge into robotics for the betterment of human care. This unified approach will bring in a whole new generation of immersive, intelligent surgical capabilities for enhancing surgical skills, outcomes, and workflows.

Q. You've said telesurgery democratizes surgery across the world, and training medical students from thousands of miles away. Please elaborate.

A. Right now in the world of surgical training, luck has a factor in who you become as a surgeon. Beyond just innate physical skills, which country you reside in, who you learn from,and what institution you are associated with can drastically influence opportunities for learning, training and gaining experience with the most modern surgical technologies.

It is unfortunate that location can fundamentally drive how good of a surgeon you will becomeand that's absolutely unacceptable and fails millions of people who should be demanding high-quality surgery every year around the world.

Training opportunities are limited by the number of mentors and the ability to scale knowledge. To scale that knowledge requires a different way of thinking. The traditional proctorship/apprenticeship only allows a linear scaling of knowledge. To be able to teach more surgeons and scale that knowledge around the world requires a different approach.

Telesurgery/mentorship/proctorship allows a single expert surgeon to teach multiple people either individually or as a group at any location around the world. The ability to scale this knowledge transfer means that the best surgeons in the world can get away from this linear apprenticeship model and share their knowledge with hundreds as many trainees.

This shift could be an industry-definer and game-changer. A further step beyond this approach would be to archive cases, looking at every procedure, every variation and every complication and distill those elements into a structured teaching regimen for surgeons that can be shared, access on-demand and incorporated learnings that today can only be obtained through direct, one-to-one, in-person surgical training.

What makes a surgeon exceptional is not just skill but experience, number of repetitions, variety of surgery pathology, and the complications they have witnessed, experienced and/or gotten their patient in or out of. Beyond innate skill, experience, education and repetition informs how good a surgeon is. It is the classic nature-versus-nurture problem.

Innate ability can only be amplified by experience, teaching,and the ability to safely make mistakes and transform movement, thought and behavior.

Today we train one-to-one, even while in surgery, so you have to either be present for that particular case or relayed to you by a surgeon that's teaching it. This is an unsustainable model and results in a massive bottleneck of skill distillation and empowerment for the next generation, which is already anticipated to suffer from significant, global surgeon shortages despite ongoing population growth.

Other industries have long ago utilized simulation to achieve repetition and ultimately competency.Learning and adopting lessons from fieldslike aviationare just coming to surgery.

What we'd like to do is to not only have these expert surgeons teach as many people around the world as possible, but also capture and archive their pearls of knowledge that allow them to reach a level of exceptionalism in the operating room. We must strive to create the super surgeons of tomorrow through technology innovation and bring the digital world, and all that enables, to the operating theater.

Q. What role does virtual reality technology play in telesurgery?

A. Surgery is a tactile, immersive event. It utilizes all of your senses vision, touch, all of your proprioceptive skills to see, feel and navigate a case. Virtual reality allows an observer anywhere in the world to experience operations as if they were physically present. Starting with the visual experience of the surgeon, VR creates an opportunity to participate in a surgery with the full breadth and experience one would have if they were physically present.

For example, the ability to look at the surgical field remotely with stereoscopic vision, deep perception and the freedom to move independently around the visual scene of the surgical field is mind-blowing, but achievable. Virtual reality creates an opportunity for more realistic depth perception that is completely different from the current experience of looking at 2-D images or rendered from a microscope.

Depending on the view that's taken, you can learn what's happening across the entire operating room whether that's the workflow, what the scrub tech or nurse is doing, etc. Whatever is happening in and around the operation, there's a breadth of nuanced and particular in-person knowledge that can come from VR and be translated to broader audiences via the operating surgeon. Workflow, team dynamics, the integration of additive technologies, aside from the visual of the surgery itself, are instructive and part of the overall learning objectives of trainees.

It's much more of an engaging experience to feel like you are present, versus feeling like you are watching a movie. You are transposed to be an active observer versus passive observer. VR places you in the situation and allows you to discover the intricacies and inherent reactions specialists spend years trying to convey all in that one immersive experience.

I cannot stress enough the difference in recollection and understanding between experiential, active learning versus passive learning. For a resident to experience a surgery and make their own observations in real time, versus memorizing case studies from a flat textbook, the retention abilities are night and day. Contextual learning moments lead to better retention of facts, details and patterns of learning, which ultimately must be retained by the learner to achieve proficiency and competency, but ideally mastery.

Virtual reality creates the ability to see the operating room in a 3-D environment where you can move, manipulate and see it rendered as a volume rather than looking at a static image. It's more enjoyable. It changes the dynamics of the engagement and, ultimately, the effectiveness of the educational experience.

Q. What role does artificial intelligence technology play in telesurgery?

A. Just as immersive technology is drastically impacting industries, artificial intelligence is going to shift the world of medicine in a couple areas, particularly around the concept of data collection, processing and analysis.

There's data and image capture. The technology that allows us to capture images requires securing extremely large data sets in 3-D with low/no latency. There's a lot of work going on in the background with AI on how these extremely large data sets can be manipulated and condensed so that latency happens at a rate that does not create a lag.

You can imagine assisting remotely during a critical portion of the case, you don't want to be sending comments or suggestions that arrive beyond the moment the information is needed to engage or change the course of the operation.

Immersive telesurgery will require AI solutions to improve the speed and efficiency of data transfer, image processing and reconstruction. Additionally, the ideal situation is an untethered headset, so the ability to connect via 5G or other enabling technologies will require thoughtful data techniques that will be driven by AI.

Then there's data and educational advancement. AI allows us to acquire and process significantly more data, this can also translate to increased opportunities for learning and evaluation post-operatively. By combining machine learning and computer vision in the OR, surgeons can evaluate performance and assess opportunities for improvement through more intuitively designed data capture, visualization and, importantly, analysis.

As we acquire data and archive it, we open the ability to not only play back the surgery in an immersive way, it also gives us an opportunity to aggregate, learn and extract what we think recurring features relates to improved performance and workflow. As the operating room becomes digital, this immense aggregated data set will lead to clinical decision making tools that will be brought to the surgeon during a case in a timely, relevant and contextual way to enable the surgeon to see and make decisions based on the world's surgical knowledge and not just their own.

Imagine information that is generated and presented as an operation unfolds to bring suggestions, warnings or other information to the surgeon as the case progresses with contextual relevance. These digital tools will most certainly improve both the safety and efficiency of surgery in the future.

And then there's data and surgical performance. AI creates the opportunity to take robust surgical data collected digitally in the operating room, process and compare moments in that unique case against data obtained over hundreds or thousands of cases to inform the surgeon of information relevant to the anatomy, process and/or outcome of the surgery.

Data sets will inform decision-making during the operation. The more data we have, the more we can learn and share. The goal is surgeons who have the world's best expert surgeon virtually at their side in every case and the experience of thousands of cases, infinite anatomical variation and the outcome metrics to rank-order decision-making surgical support presented in real time to effect the most optimal outcome.

Twitter:@SiwickiHealthITEmail the writer:bsiwicki@himss.orgHealthcare IT News is a HIMSS Media publication.

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Augmented and Virtual Reality in Healthcare Market | Exclusive Trends and Revenue Analysis Report – BioSpace

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TMR Research has rich experience in developing state-of-the-art reports for a wide array of markets and sectors. The brilliance of the experts at TMR Research and their alacrity to conduct thorough research and create phenomenal reports makes TMR Research better than others.

Technological progress over the years have brought about a sea-change in the way in which patients are diagnosed and treated. They have also helped in improving the training procedure of medical practitioners. While CT scans and wearable technology are some of the new technologies that have already redefined the medical landscape, the futuristic technologies ofaugmented reality(AR) and virtual reality (VR) are well on their way to bring about further seismic shift in the domain.

Put simply, augmented reality (AR) helps display real-time digital information and media, such as videos and 3D models, leveraging the camera view of smartphones, PCs, and tablets, or using wearable tech, namely wearable glasses and viewfinder. Virtual reality (VR), on the hand, builds a 3D world completely detaching the user from reality.

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Global Augmented and Virtual Reality in Healthcare Market: Key Trends

Augmented reality in healthcare already is seeing many applications in terms of providing real-time data and assistance in complex surgical procedures, to supporting aftercare and administration. Minimally invasive surgeries, which are becoming immensely popular these days, can be bettered through virtual and augmented reality enlarged 3D version of vital organs. They also help carry out complex surgeries seamlessly.

They also have had left a mark in curing blindness. Take for example NuEyes, electronic glasses meant for low vision. It is a wearable technology that makes it possible for the visually impaired people to see again while keeping their hands free.

However, scientists are said to be still scratching the surface of virtual reality and augmented reality in the healthcare sector since the whole potential of such futuristic technologies is yet to be fully exploited. Once, even half of that is achieved half of the health issues will be history.

Global Augmented and Virtual Reality in Healthcare Market: Market Potential

Big names in the tech world such as Apple and Google are already in the race to capture the multi-trillion dollars worth healthcare industry by buying out or collaborating with health tech companies. They are also further improving the underlying technologies for smart glasses and various other personal mobile diagnostic devices such as blood glucose monitors. At the World Economic Forum held in January 2017, in Davos, multinational-tech company SAP CEO talked of personalized, precision medicine through technology that will become the future of the healthcare industry.

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Global Augmented and Virtual Reality in Healthcare Market: Regional Outlook

From a geographical standpoint, North America is a leader in the global augmented and virtual reality in healthcare. This is primarily on account of the fact that the nations of the U.S. and Canada are developed and technologically advanced and are lapping up cutting-edge technologies in healthcare. Apart from that, presence of numerous prominent companies involved in developing AR and VR for the healthcare applications in the region, along with a superior healthcare infrastructure, helpful reimbursement policies, and higher average per capita healthcare spends is also benefitting the market inNorth America.

Global Augmented and Virtual Reality in Healthcare Market: Competitive Analysis

Some of the prominent companies in the augmented and virtual reality in healthcare market are Google, Microsoft, DAQRI, Psious, Mindmaze, Firsthand Technology, Medical Realities, Atheer, Augmedix, and Oculus VR.

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Holograms that can interact with the real world – Advanced Science News

Posted: at 6:14 pm

Researchers create a holographic system which users can freely and physically touch without the need for any intermediary devices.

Image credit: Ravinder Dahiya et al.

Life-like holograms were once a dream in popular science, but now recent advancements in light and display technologies are making them a reality. Researchers at the University of Glasgow want to take this a step further by making them more physically interactive.

Led by Professor Ravinder Dahiya, the team created an air-based device that responds to touch, a method named aerohaptics. It delivers mid-air tactile feedback while the user is manipulating virtual objects within a pseudo-holographic display, wrote the team in their paper, recently published in Advanced Intelligent Systems. The device does not require the use of any wearable or handheld devices.

As this technology progresses, virtual environments are becoming more sophisticated, finding more application in fields ranging from entertainment to psychology. Haptic feedback devices, which use touch as a form of communication, have potential to integrate with virtual reality for a more immersive and interactive user experience. Much like computer monitors allow us to see and interact with virtual worlds [visually], haptic feedback devices add a new layer of interaction, allowing us to touch virtual objects, said Radu Chirila, one of the studys authors.

As with conventional displays, interacting with them can be done with peripherals mice, joysticks as well as touch surfaces, explained Adamos Christou, the studys first author. However, because of the visualization in three dimensions, more life-like means of interaction are quite attractive.

The researchers created their interactive pseudoholographic display using a nozzle that directs bursts of controlled air to specific locations on the users hand. In other words, imagine bouncing a virtual basketball and it feeling like the real thing!

To do this accurately, they tested their display system on a number of different users with different virtual reality experience to quantify different interactions.

The desire to push virtual interaction research forwards, being able to feel holograms and interact with 3D objects in mid-air is a step towards a future in which physical presence is not a limiting factor to human interaction, said Dahiya. During the global pandemic, we understood how essential the social aspect of life is, and saw it as an opportunity to focus our research in a direction that can make a positive change in the world.

The holographic system brings together features that were only ever implemented separately, say the team, such as 360 viewing angles, at-location interaction, and haptic feedback without needing an intermediary device. Dahiya foresees application beyond just making VR simulators more realistic, but also in educational and training purposes where learners could better visualize, feel, and understand complex or abstract systems, like the body.

Dahiya says they will continue to development their aerohaptic system, improving resolution and adding more functionality, such as temperature, to the holographic objects. Additionally, we will try to integrate hyperrealism and more complex virtual environments, which take advantage of the technologies we develop at Bendable Electronics and Sensing Technologies (BEST) group, he concluded.

Reference: Adamos Christou, et al., Pseudo-Hologram with Aerohaptic Feedback for Interactive Volumetric Displays, Advanced Intelligent Systems (2021). DOI: 10.1002/aisy.202100090

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Four petitions on the constitutionality of the Indian Child Welfare Act – SCOTUSblog

Posted: at 6:13 pm

ByAndrew Hamm on Sep 24, 2021 at 2:59 pm

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Indian Child Welfare Act of 1978 violates equal protection under the Fifth Amendment and the anti-commandeering doctrine of the 10th Amendment and whether BB&Ts arbitration agreement as to a predecessor banks accountholders is valid under the Federal Arbitration Act.

Four petitions involve a decision by the en banc U.S. Court of Appeals for the 5th Circuit striking down some provisions of the Indian Child Welfare Act. Congress passed ICWA to respond to concerns that state child-welfare practices were causing large numbers of Native American children to be inappropriately removed from their families and tribes and placed with non-Native foster families or adoptive parents. ICWA established minimum federal standards for most child-custody proceedings involving Native American children.

In March 2018, three states and seven individuals challenged many provisions of ICWA as unconstitutional. Although the district court largely agreed with the challengers, the en banc 5th Circuit later upheld various provisions. However, the en banc 5th Circuit also affirmed at times with a majority, at times by an equally divided court other rulings by the district court. According to the 5th Circuit, some ICWA provisions violate the 10th Amendment because they impermissibly commandeer the states. Those provisions include, among others, a requirement that state agencies bear the cost and burden of providing expert testimony to justify placing Native children in foster care, a requirement that state agencies provide remedial services to Native families, and a requirement that state agencies maintain certain child-placement records. The 5th Circuit also affirmed the district courts judgment that ICWAs preference for adoptive placement with other Indian families and Indian foster home[s] violates the equal-protection component of the Fifth Amendment.

In Haaland v. Brackeen, the federal government asks the justices to review and to reverse the 5th Circuit. In addition to disputing the rulings under the Fifth and 10th Amendments, the government argues that the individual plaintiffs do not have legal standing to challenge ICWAs placement preferences for other Indian families and Indian foster home[s]. In Cherokee Nation v. Brackeen, the Cherokee Nation and three other tribes have filed a companion petition in defense of ICWAs constitutionality. In Texas v. Haaland, Texas has filed a petition asking the justices to review ICWA provisions that, in the states view, the 5th Circuit erroneously upheld. Finally, in Brackeen v. Haaland, the individual challengers have filed their own petition for review.

In Branch Banking & Trust Company v. Sevier County Schools Federal Credit Union, BB&T asks the justices to review a decision of the U.S. Court of Appeals for the 6th Circuit invalidating BB&Ts modification to its bank services agreement to resolve disputes with accountholders through arbitration. To the 6th Circuit, the modification, though now nearly 20 years old, was invalid as to the accountholders whose accounts pre-dated the modification because their original agreement (with a predecessor bank) did not include any sort of dispute-resolution provision at all. BB&T argues that this reasoning conflicts with the Supreme Courts modern Federal Arbitration Act jurisprudence.

These and otherpetitions of the weekare below:

Ortiz v. Breslin20-7846Issues: (1) Whether the 14th Amendment prohibits prison authorities from indefinitely detaining supervisees based on an assumption that a municipality will not provide legally-mandated compliant housing; and (2) whether the Eighth Amendment bars prison authorities from extending incarceration for individuals based on their homelessness and indigence.

Belmora LLC v. Bayer Consumer Care AG21-195Issues: (1) Whether, in view of the principle of trademark territoriality, the zone of interests encompassed by Lanham Act Sections43(a)and14(3)extends to the foreign owner of a foreign trademark that has not registered or used the mark in the United States; and (2) whether, in the absence of an express limitations period in the Lanham Act, the timeliness of a Section 43(a) suit for false association and false advertising is governed by the most analogous state-law statute of limitations, or instead, by laches.

Branch Banking & Trust Company v. Sevier County Schools Federal Credit Union21-365Issue: Whether the Federal Arbitration Act displaces a state common-law rule forbidding companies from adding an arbitration requirement to their standard-form contract with customers unless the contract already includes a dispute-resolution clause.

Haaland v. Brackeen21-376Issues: (1) Whether various provisions of the Indian Child Welfare Act of 1978 namely, the minimum standards ofSection 1912(a), (d), (e), and (f); the placement-preference provisions ofSection 1915(a) and (b); and the recordkeeping provisions ofSections 1915(e)and1951(a) violate the anticommandeering doctrine of the 10th Amendment; (2) whether the individual plaintiffs have Article III standing to challenge ICWAs placement preferences for other Indian families and for Indian foster home[s]; and (3) whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection.

Cherokee Nation v. Brackeen21-377Issues: (1) Whether the en banc U.S. Court of Appeals for the 5th Circuit erred by invalidating six sets of Indian Child Welfare Act provisions 25 U.S.C. 1912(a), (d), (e)-(f),1915(a)-(b), (e), and1951(a) as impermissibly commandeering states (including via its equally divided affirmance); (2) whether the en banc 5th Circuit erred by reaching the merits of the plaintiffs claims that ICWAs placement preferences violate equal protection; and (3) whether the en banc 5th Circuit erred by affirming (via an equally divided court) the district courts judgment invalidating two of ICWAs placement preferences, 25 U.S.C. 1915(a)(3), (b)(iii), as failing to satisfy the rational-basis standard ofMorton v. Mancari.

Texas v. Haaland21-378Issues: (1) Whether Congress has the power under the Indian commerce clause or otherwise to enact laws governing state child-custody proceedings merely because the child is or may be an Indian; (2) whether the Indian classifications used in theIndian Child Welfare Actand its implementing regulations violate the Fifth Amendments equal-protection guarantee; (3) whether ICWA and its implementing regulations violate the anticommandeering doctrine by requiring states to implement Congresss child-custody regime; and (4) whether ICWA and its implementing regulations violate the nondelegation doctrine by allowing individual tribes to alter the placement preferences enacted by Congress.

Texas v. Commissioner of Internal Revenue21-379Issues: (1) Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine; and (2) whether the statute of limitations applicable to a challenge to an agency rule that delegates rulemaking authority to a private entity starts to run when the agency delegates the authority or when the private entity exercises the delegated authority.

Brackeen v. Haaland21-380Issues: (1) Whether theIndian Child Welfare Act of 1978s placement preferences which disfavor non-Indian adoptive families in child-placement proceedings involving an Indian child and thereby disadvantage those children discriminate on the basis of race in violation of the U.S. Constitution; and (2) whether ICWAs placement preferences exceed Congresss Article I authority by invading the arena of child placement the virtually exclusive province of the States, as stated inSosna v. Iowa and otherwise commandeering state courts and state agencies to carry out a federal child-placement program.

Weiss v. National Westminster Bank, PLC21-381Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the petitioners in this case.Issue: Whether a person who knowingly transfers substantial funds to a designated foreign terrorist organizations aids and abets that organizations terrorist acts for purposes of civil liability underJustice Against Sponsors of Terrorism Act.

Strauss v. Credit Lyonnais, S.A.21-382Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the petitioners in this case.Issue: Whether a person who knowingly transfers substantial funds to a designated foreign terrorist organizations aids and abets that organizations terrorist acts for purposes of civil liability underJustice Against Sponsors of Terrorism Act.

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Keeping the peace: property and community | OUPblog – OUPblog

Posted: at 6:13 pm

In 1975, the State of California passed a law that allows union organizers to enter agricultural facilities for up to three times a day, one hour at a time, and up to 120 days per year. Several farms challenged the law as a violation of the Fifth Amendment to the Constitution saying that it was a per se physical taking of their private property without just compensation. A lower court ruled against the growers and the US Court of Appeals for the Ninth Circuit denied a rehearing. The case,Cedar Point Nursery v. Hassid, then went to the Supreme Court, which, on 23 June 2021, ruled 6-3 in favor of the growers. Writing for the majority, Chief Justice John Roberts held that a physical appropriation is a taking whether it is permanent or temporary, for, as he explained, [t]he right to exclude is universally held to be a fundamental element of the property right in land.

When we think about the origins of property, we naturally, like Jean-Jacque Rousseau, think of land, of the first man who, having enclosed a piece of ground, bethought himself of sayingThis is mine, and found people simple enough to believe him.With typical pithy flair, the property law scholar Carol Rose poses the problem as trac[ing] out what seems to be propertys quintessential moment of chutzpah: the act of establishing individual property for ones self simply by taking something out of the great commons of unowned resources.The seventeenth-century Dutch jurist Hugo Grotius frames the origin of property as the successor era to an imagined golden age when in the eyes of nature no distinctions of ownership were discernible.The common supposition is that at some point in time some human beings were the first creatures to declare something to be Mine!, and that something was a resource lying free for any taker.

At the core of this mythical frontier notion of property is the idea that property is necessarily based on violence or the threat of violence. After I put a fence around the land, the image of property is me sitting on the front porch with a loaded shotgun threatening to use violence against anyone who dares enter without my consent. Its a me against the world mentality that equates a claim of property with the right to use physical force to exclude others from using it. Its also a fundamentally anti-social view of humanity that property violates the liberty of others. Maybe the quintessential moment of property is not about grasping something lying free for any taker. And maybe its not based ultimately or purely on an individual exercising coercion and violence against all others. Perhaps the origins of property lie somewhere else: in the very human act of creating something new, something that did not previously exist in the great commons of nature. A piece of raw land becomes a strawberry farm.

Thinking about the origins of property in this way allows us to consider that the value of property lies within the fundamentally humane confines of a communityof other peopleandme, not other peopleorme. This is true of property all over the world. Not every human community has property in land, but all human groups have property in tools, utensils, or ornaments. I did say all. Every human community distinguishes things that belong to the individual from things that belong to others. However minimal it may be, there are some things about which only a particular individual can say, This is mine. Not all spears or ceremonial ornaments are the same. Like lacrosse sticks and Hello Kitty backpacks, the custom is such that there is but one individual who can wield or wear it.

Property is not merely my claim That spear is mine, nor just about me confronting an interloper who tries to grab my spear. Property is embedded as custom in the community that surrounds me. To claim property in anything is to have learned from my mentors when other people can know that what I say about such a thing is true. I draw upon the approval of my community to make such a claim. It is a me with my community mentality to say Hey, that spear is mine!

My community backs me up because I respect their claims to the property in the spears they create. We honor each others claims to the things we individually create because doing sopreventsquarrels and violence in our community.

Thats not to say we are a community of angels. Human beings are an insolent, rapacious breed, particularly when resources are scarce.But it is a mistake to confuse human fallibility for the ultimate explanation of property.That people quarrel and dispute claims of property does not mean property is inherently violent. When someone comes to take a spear I claim as mine, the question for the community is whether my claim is indeed true, for I too could be in the wrong or simply mistaken. Moreover, even if the community punishes the interloper for taking my spear without my consent, the ultimate explanation of property is still not violence. It is peace for the rest of the community who says to me, That spear is yours.

In 1975, the State of California unintentionally created conflict when it allowed union organizers in October 2015 toburst into a Cedar Point Nursery facility with bullhorns. The reason why the Constitution requires just compensation for physical takings of property is that it maintains peace. InCedar Pointthe Supreme Court ruled that the government cannot authorize people to enter an owners land without paying just compensation. In other words, it ruled for keeping the peace, here and now and for the unforeseeable future.

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Diamondbacks 4, Braves 11: Pleading the fifth – AZ Snake Pit

Posted: at 6:13 pm

Record: 48-102. Pace: 52-110. Change on 2004: +1

With an off-day next Monday, this is my final scheduled recap of the year. I hoped the team might give me something warm and fluffy to take into the off-season, especially on what I think was the first game with the roof open since spring. After all, I've largely given up watching Diamondbacks games I don't have to recap: they're just not fun. While I will be at Chase over the last weekend, that's more likely to be a social event with a baseball game in the background. So this is, in all likelihood, my last meaningful experience of watching the 2021 Diamondbacks. It was, overall, as unsatisfactory an experience as most of the others. I guess there's something to be said for consistency.

The Diamondbacks actually had the lead after four innings, 3-2 - and it probably should have been 3-0. Humberto Mejia, announced as called up from Reno less than two hours before first pitch, made his third start for Arizona. The top of the first inning was of the blink-and-you'll-miss-it variety, taking only seven pitches. Mejia then worked around a lead-off double to post another zero in the second. And he deserved the same in the third, except for home-plate umpire Mike Muchlinski blowing what should have been an inning-ending strike three. Instead, the batter got to deliver a two-run double, giving Atlanta a 2-0 lead.

But Arizona came right back, scoring three in their half. Ildemaro Vargas led off with a walk and after Mejia couldn't get the bunt down, Josh Rojas singled. Ketel Marte doubled down into the right-field corner, scoring both men as the Braves kicked the relay about. Unfortunately, Marte was out at third on the play, otherwise he would also have scored on Daulton Varsho's subsequent triple. I would include video of one or other of those plays, but it appears the social media interns for both the D-backs and Bally Sports have checked out early. My Twitter feed showed more video from the Aces. Where Geraldo Perdomo has his first hit since getting promoted earlier today, I see.

Anyway, Varsho scored on a wild pitch, and Arizona had the lead! Neither side scored in the fourth. But the Braves certainly made up for that in the fifth, as the third time through the order proved to be far from the charm for Mejia. He faced four batters, and allowed three doubles and a single, before being lifted, with Atlanta now 5-3 up. Things only got worse from there, after Taylor Widener took over. Adam Duvall quickly launched a 483-ft bomb to the concourse in left center, the second longest by any Brave in the Statcast era. It wasn't until the eighth visiting batter that the first out of the fifth was recorded.

Not helped by errors from Vargas and Marte, Widener needed 33 pitches before he got out of the inning. By the time that happened, Atlanta had sent 12 men to the plate, and scored seven times, taking a 9-3 lead. Mejia's final line was an ugly one. Eight hits and two walks with four strikeouts, leading to six runs, all earned. Widener was charged with three runs in his inning of work, though two of those were unearned. Prof. Poppen did well in relief, with two scoreless innings, striking out three, though Brett de Geus allowed two runs in the ninth. And there was some cause for celebration in the bottom of the seventh, as Jake McCarthy came off the bench to hit his first major-league home-run (below - I guess the intern woke up).

On a night where the teams combined for 11 doubles (seven for Atlanta, four for Arizona), Marte and the Braves' Austin Riley each had three. There has only been one other game in the past decade where two players did that. The Rockies' Charlie Blackmon and Daniel Murphy did it against the Dodgers in September 2019. The night boosted Marte's average for the season to .327. While all the time lost to injury means he won't qualify for the batting title, that is currently the highest BA of any player in the majors with 250+ PA, because he overtook Vlad Guerrero Jr. as a result. Among Diamondbacks in that category, the only higher averages were Luis Gonzalez's .336 in 1999, and Marte's .329 in 2019.

Whether a result of the roof being open or not, there was a huge amount of loud contact being made. No fewer than a dozen balls, six by each team, were put into play at a speed of more than 102 mph, going up to Jorge Solars 110.8 mph double in the fifth. Arizonas hardest-hit was barely slower, a David Peralta groundout at 110.7 mph in the third. But the heart of the Atlanta order were basically unstoppable, their 2-4 hitters going 8-for-15 with six RBI. The defeat, combined with the Orioles victory over the Phillies, means Arizona and Baltimore are back in a Tankapalooza dead heat, at 48-102 (they own the tie-breaker). It also means Atlanta extend their lead in the NL East back to three games,

Click for details at Fangraphs.comA fifth of whisky: Ketel Marte, +17.8%Fifth Amendment: Humberto Mejia, -44.4%

Inexplicably, what had been quite a chatty Gameday Thread, died and went to heaven in the top of the fifth inning. Still, it ended up just shy of two hundred comments, with the hard souls taking part being: AzDbackfanInDc, Blind Squirrel has found his nut, Diamondhacks, GuruB, Jack Sommers, Jim McLennan, Makakilo, MrMrrbi, NikT77, Oldenschoole, Schilling2001, Snake_Bitten, kilnborn, makattack71 and since_98. The only comment with more than two recs was a GIF, so no award there tonight.

The same two teams will be back at it tomorrow night, in another 6:40 pm start. Luke Weaver goes up against Toby Decided of Atlanta.

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Diamondbacks 4, Braves 11: Pleading the fifth - AZ Snake Pit

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