O objeto da dissertação é a hipoteca judiciária. O mote que inspirou o trabalho foi a preocupação com a efetividade do processo. Partiu-se do postulado de que o processo não deve ser um instrumento de mera declaração de direitos. Deve, ao revés, viabilizar a alteração da realidade, de modo que, ao final do processo, o jurisdicionado exerça seu direito tal como teria exercido se a correspondente obrigação tivesse sido cumprida espontaneamente. A matéria carece de obras específicas. Salvo alguns poucos artigos, é tratada nos manuais de direito civil e de direito processual civil como assunto de importância nenhuma ou secundária. Embora se trate de direito real de garantia, a circunstância de nascer em razão de um fato processual e com a finalidade de fomentar a efetividade do processo firma-nos a convicção de que o assunto deve ser tratado no âmbito do Direito Processual Civil. Cremos que a ausência de disposição legal a respeito do tema no Código Civil de 2002, eliminando, assim, a exclusão do direito de preferência da hipoteca judiciária, longe de torná-la obsoleta, aumentou a importância do instituto. O primeiro capítulo propõe enquadrar a hipoteca judiciária como instrumento de exercício do direito constitucional à efetividade da tutela jurisdicional. O segundo capítulo reúne as características principais do direito real de hipoteca. O terceiro capítulo contém a evolução histórica da hipoteca judiciária. O quarto capítulo traz notícias sobre a hipoteca judiciária nos ordenamentos jurídicos de Portugal e Itália, com as respectivas semelhanças e diferenças em relação ao modo como o instituto é regrado no ordenamento pátrio. O quinto e sexto capítulos referem-se à natureza jurídica da hipoteca judiciária e sua diferença em relação a institutos com os quais, por vezes, é confundida: a ineficácia da alienação ou oneração de bens em fraude à execução, a tutela cautelar, a tutela executiva, a antecipação de tutela e a hipoteca legal. O sétimo capítulo estuda os requisitos necessários à constituição da hipoteca judiciária: (i) decisão jurisdicional, (ii) reconhecimento de obrigação de pagar, dar, fazer ou não fazer (sem necessidade de preceito condenatório), (iii) contraditório prévio e (iv) proporcionalidade. O oitavo capítulo refere-se às especificidades da hipoteca judiciária gerada com base em sentenças proferidas em ação coletiva, ação popular, dissídio individual trabalhista, arbitragem, por autoridades estrangeiras. Destacamos, nesse capítulo, a defesa de que a decisão interlocutória, dependendo de seu conteúdo, gera hipoteca judiciária. O nono capítulo foi reservado ao estudo da hipoteca judiciária no contexto do processo, como, por exemplo, o fato de que não compõe o objeto do processo, nem está sujeita à preclusão. O décimo capítulo trata da competência para especializar e ordenar o registro da hipoteca judiciária, bem como o meio pelo qual o registro deve ser feito. Sublinha-se, aqui, a discussão sobre o fundamento em razão do qual o efeito suspensivo recursal não deve impedir a constituição da hipoteca judiciária. O décimo primeiro capítulo contém os bens que podem e os que não podem ser objeto de hipoteca judiciária, com a proposição, de lege ferenda, de que alguns bens possam ser objeto de penhor judiciário. O décimo segundo e o décimo terceiro capítulo contém o estudo do direito de preferência que, segundo se propôs, é gerado pela hipoteca judiciária, tratando-o, primeiramente, de forma geral e, depois, no concurso comum e nos concursos especiais de credores (falência, insolvência civil, liquidação extrajudicial e recuperação). O décimo terceiro capítulo contém as conclusões do trabalho. No décimo quarto capítulo, há crítica ao texto que foi aprovado no Senado para substituir o artigo 466 do Código de Processo Civil atual. Finalmente, o décimo quinto capítulo contém a bibliografia referenciada. / The object of this dissertation is the mortgage created by the law to assure the accomplishment of obligations recognized jurisdictionally (judicial mortgage). The motto that inspired the thesis was the concern about the effectiveness of the process. This started from the premise that the process should not be a mere instrument of rights declaration. Must, in reverse, enabling the alteration of reality, so that, by the end of the process, the creditor exercise its right as would have exercised if the corresponding obligation had been fulfilled spontaneously. The matter requires specific works. Except a few articles, is treated in manuals of civil law and civil procedural law as a matter of no importance or secondary. Although it is substantive right (of guaranty), the circumstance of being born from a procedural fact and in order to promote the effectiveness of process conducts to the conviction that the judicial mortgage shall be dealt by litigation doctrine. The absence of legal provision on the subject in the Brazilian Civil Code, thus eliminating the exclusion of preference right of judicial mortgage, far from making it obsolete, increased the institute importance. The first chapter proposes catalogue the judicial mortgage as a tool for exercising the constitutional right to effective judicial protection. The second chapter brings together the main characteristics of the right of mortgage. The third chapter contains its historical evolution. The fourth chapter contains a record of how the mortgage is regulated in Portugal and Italy. The fifth and sixth chapters relate to the legal nature of the judicial mortgage and its difference from the institutes with which it sometimes is mistaken: the ineffectiveness of alienation or lien in fraud, injunction, foreclosure, motion in limine and legal mortgage. The seventh chapter examines the requirements necessary to constitute the judicial mortgage: (i) judiciary decision, (ii) recognition of the obligation to pay, give, do or not do (being unnecessary a condemnation commandment), (iii) prior manifestation of the adversary and (iv) proportionality. The eighth chapter covers the specificities of the judicial mortgage created on the basis of judgments in class action, action to defense the public property, individual labor action, arbitration or by foreign authorities. It stands out in this chapter the defense that the interlocutory decision, depending on its content, creates judicial mortgage. The ninth chapter was reserved for study of the mortgage in the context of judicial proceedings. The tenth chapter deals with the jurisdiction to specialize and to order the registration of the judicial mortgage, as well as the means by which registration must be done. It is stressed here the discussion on the merits on the grounds of which the suspensive effect of the appeal should not prevent the establishment of judicial mortgage. The eleventh chapter contains goods that can and can not be subject to judicial mortgage, with the proposition, lege ferenda, that some goods may be subject to judicial pledge. The twelfth and thirteenth chapter contains a study of preference right, which, according to what was proposed, is generated by the mortgage judicial, treating it, first generally and in special contests creditors (bankruptcy, civil insolvency, liquidation and reorganization). The thirteenth chapter contains the conclusions. In the fourteenth chapter, there is a criticism of the text that was approved in the Senate to replace the current Article 466 of the Brazilian Civil Procedure Law. Finally, the fifteenth chapter contains a bibliography referenced.

In two experiments, we analyzed the effects of methylphenidate (MPH) on conditioned place preference (CPP) in adolescent male and female rats, and the effects of MPH on the dopamine transporter (DAT). In Experiment 1, male and female rats were conditioned for 5 consecutive days from postnatal day (P)44 to P48 with saline, 1, or 5mg/kg MPH. On the post conditioning preference test, the group administered the 1mg/kg dose of MPH resulted in no significant preference compared to controls, whereas the 5mg/kg dose of MPH produced a robust significant preference for the paired context, but there were no sex differences. Analysis of the DAT revealed that animals conditioned with the 5mg/kg dose of MPH demonstrated a significant decrease of the dopamine transporter (DAT) in the nucleus accumbens and striatum compared to controls. In Experiment 2, animals were conditioned using an every second day paradigm from P33–41 to model a previous MPH treatment regimen that had revealed sex differences in behavioral sensitization. MPH produced an increased preference for the paired context on a post-conditioning preference test in Experiment 2, but as in Experiment 1, no sex differences were observed. These data show that a relatively high dose of MPH has rewarding associative effects in both adolescent male and female rats reliably across two different conditioning paradigms and ages in adolescence, but no sex difference. In addition, MPH results in a significant decrease of the DAT in drug reward brain areas which has implications toward plasticity of the brain's reward system.

This study analyzed the associative properties of nicotine in a conditioned place preference (CPP) paradigm in adolescent rats neonatally treated with quinpirole (NQ) or saline (NS). NQ produces dopamine D2 receptor supersensitivity that persists throughout the animal's lifetime, and therefore has relevance towards schizophrenia. In two experiments, rats were ip administered quinpirole (1mg/kg) or saline from postnatal day (P)1–21. After an initial preference test at P42–43, animals were conditioned for eight consecutive days with saline or nicotine (0.6mg/kg free base) in Experiment 1 or saline or nicotine (1.8mg/kg free base) in Experiment 2. In addition, there were NQ and NS groups in each experiment given the antipsychotic haloperidol (0.05mg/kg) or clozapine (2.5mg/kg) before nicotine conditioning. A drug free post-conditioning test was administered at P52. At P53, the nucleus accumbens (NAc) was analyzed for glial cell-line derived neurotrophic factor (GDNF). Results revealed that NQ enhanced nicotine CPP, but blunted the aversive properties of nicotine. Haloperidol was more effective than clozapine at blocking nicotine CPP in Experiment 1, but neither antipsychotic affected nicotine conditioned place aversion in Experiment 2. NQ increased accumbal GDNF which was sensitized in NQ rats conditioned to nicotine in Experiment 1, but the aversive dose of nicotine reduced GDNF in NQ animals in Experiment 2. Both antipsychotics in combination with the aversive dose of nicotine decreased accumbal GDNF. In sum, increased D2 receptor sensitivity influenced the associative properties and GDNF response to nicotine which has implications towards pharmacological targets for smoking cessation in schizophrenia.

To determine the amount of importance audiologists place on various items related to their selection of a preferred hearing aid brand manufacturer. Three hundred forty-three hearing aid-dispensing audiologists rated a total of 32 randomized items by survey methodology. Principle component analysis identified seven orthogonal statistical factors of importance. In rank order, these factors were Aptitude of the Brand, Image, Cost, Sales and Speed of Delivery, Exposure, Colleague Recommendations, and Contracts and Incentives. While it was hypothesized that differences among audiologists in the importance ratings of these factors would dictate their preference for a given brand, that was not our finding. Specifically, mean ratings for the six most important factors did not differ among audiologists preferring different brands. A statistically significant difference among audiologists preferring different brands was present, however, for one factor: Contracts and Incentives. Its assigned importance, though, was always lower than that for the other six factors. Although most audiologists have a preferred hearing aid brand, differences in the perceived importance of common factors attributed to brands do not largely determine preference for a particular brand.

Disruptive behavior within classrooms is a major concern for teachers and parents. Positive Behavior Interventions and Supports (PBIS) provides a multi-tiered framework for schools to provide supports to students, which are matched to each student's needs. Whereas most students are successful with the school-wide supports provided to all students, approximately 20% of students are likely to require additional supports. Group contingencies have an established basis of support as effective Tier 2 interventions; however, these contingencies vary in a variety of dimensions that may influence their efficacy and acceptability. The purpose of this study was to evaluate the relative impact of four different group contingency types (independent, interdependent, dependent, and randomized) on class-wide appropriate and disruptive student behaviors as well as how implementation of a teacher's preferred contingency may enhance student behavioral outcomes. Three general education teachers and their students participated in the study. All four group contingency types resulted in reduced disruption and increased appropriate behavior across all three classrooms. No patterns of differentiation were observed in any classroom. Teacher preference was assessed with two teachers selecting independent and two teachers selecting dependent contingencies as their preferred reward system. Implementation of the preferred contingency resulted in further improvements in both class-wide behaviors. Some evidence of generalization and maintenance was noted in all three classrooms.

Dietary choice is a complex mechanism that is influenced by multiple internal and external factors that impact individuals across the life span. The study was designed to examine how individuals make snack food choices based on integration of food motives (cues), appropriateness (nutritional index) as functions of nutritional knowledge, food-related motives, and information processing styles. Community college students participated in a multi part on line survey that ascertained food motives (FCQ), nutrition knowledge (FNQ), information processing (NFC), food pairing task and demographic background data. The single sided Lens model was used to determine the regression weights of the nine food motives. Familiarity, convenience and mood were noted as being important in the judgment process. Price and natural content were viewed as negatively affecting the judgment process. Food preference structures were analyzed as a function of selected variables (age, body mass index and number of correct choices on the food pairing task). With respect to preference, the high BMI group demonstrated the most distinct ranking structure. Hierarchal linear model (HLM) modeling was used to determine the influence of various food motives. Health, mood and food familiarity were all found to have significant random effects. Health concerns and mood were also noted to have significant fixed effects. Based on the observations the following results are noted: (1) nutrition knowledge/background was not a significant factor in improving dietary choice scores; (2) different preference structures were exhibited on the paired comparison task as a function of BMI, number of correct choices and age and (3) information processing style was not associated with correct food choices or utilization of more dimensions to choose food options. Finally, a recommendation was provided to improve health outcomes of community college students in improving their ability to make healthier dietary choices.

Inspired by the sudden recent incline in and awareness of veganism as well as my own personal involvement in such matters, I sought out to complete an empirical analysis to study the impact of consumer preferences. Originally intrigued by the consumption of meat and its impact on developing countries, I opted for a related topic with better accompanying data. Consumer preferences change regularly with an increasing plethora of reasons behind their decisions. As the guiding force of the demand side of the market, it was vital to study the impact of their choices. My decision to use plant-based milk was meant to be a proxy for consumers who could not consume dairy. To my surprise, the force behind the increase in plant-based milk consumption was not propelled by those with alternative lifestyles but regular consumers who wanted healthier and better-tasting options. Further analysis has led me to look past consumers themselves and their individual choices to identify the impacts of their choices. This required an intricate look into the United States dairy industry and its composition. What is recorded within the next 45 pages is a delicate web of outcomes spun by the needs of consumers. It branches out into the lives of small dairy farmers who cannot compete with larger farms. It spins out to form a massive web of increasing profit for the plant-based milk industry. It creates a loss in the whole milk sector of the dairy industry only to be filled by the organic and specialty sectors. While they can be guided into choices through various forms of advertisement, the world has changed since the introduction of modern economics, and consumers are learning to utilize the products that fit their lifestyles. Gone are the days of passive consumption and food pyramids. Information has never been as readily available as it is today, with the help of the internet and independent researchers, and consumers have chosen to use this to their advantage.

The fact that adolescents commonly initiate drug use in social settings is well established. Both clinical and preclinical research has investigated how social interaction is altered by a variety of drugs of abuse. What is less understood is how the rewarding value of drugs of abuse is affected by the presence of social peers. This dissertation aimed to investigate the interaction of morphine and social play on conditioned place preference (CPP) in adolescent male Sprague Dawley rats, using both behavioral and immunohistochemistry (IHC) methods. Rats were exposed to morphine (0, 1, or 3 mg/kg; s.c.), social interaction, or a combination of both and tested in a modified CPP procedure. Behavioral results indicate that, while doses of morphine used produced only weak CPP across experiments, they were sufficient to reduce the rewarding effect of social interaction. IHC results suggest that this finding may be due to reduced activation in NAc shell. Taken together, the results of this dissertation may help to provide an explanation as to why persons with opioid use disorder spend less time interacting with social peers, compared to non-dependent persons.

Purpose: To evaluate the factors that influence potential orthodontic patients choosing between an orthodontist, general dentist, and direct-to-consumer (DTC) aligners for their treatment, and to determine the demand for each provider type. Methods: An electronic survey was administered to 250 individuals among the general population of adults in the United States. Questions were designed to determine the respondent’s level of interest in pursuing orthodontic treatment with each provider type, evaluate their current level of knowledge concerning provider options, and identify factors influencing their selection. Pearson’s chi-squared test and ANOVA were used to evaluate the factors influencing patients in their selection. Results: When asked their preference in provider type, 43.8% of respondents selected orthodontist, 34.1% selected DTC aligners, and 22.1% selected general dentist. Among respondents with the highest level of interest in pursuing orthodontic treatment, 50% selected an orthodontist and 27% selected DTC aligners. For respondents with moderate levels of interest in pursuing treatment, only 21% selected an orthodontist and 48% selected DTC aligners. The biggest perceived advantage of treatment with an orthodontist was quality of treatment, and the biggest disadvantage was cost. For DTC aligners, the biggest perceived advantage was convenience, followed by cost, and the biggest disadvantage was quality of treatment. Among adults with children, 34% selected DTC aligners for themselves and only 16% selected DTC aligners when selecting for their children. Conclusion: Adults in the United States have similar levels of interest in pursuing orthodontic treatment with orthodontists and DTC aligners and, to a lesser degree, general dentists. A significant portion of those who select DTC aligners for their treatment are patients who would not have otherwise undergone treatment with an orthodontist. Patients tend to select orthodontists due to quality of treatment, whereas DTC aligners are selected due to convenience, followed by cost. Even among parents who prefer DTC aligners for their own treatment, parents tend to select an orthodontist for their child’s treatment.

The purposes of this 3-phase study were 1) to identify salient individual variabilities and music characteristics associated with music therapy interventions for pain management, 2) to explore current pain management practices of music therapists, 3) to delineate any differences in general musical taste (trait) and context-specific music preference (state), as well as preferred music characteristics in healthy adults and cancer patients, 4) to investigate the contributions of individual variabilities, personality, behavioral coping styles, and pain levels in predicting changes from trait to state preferences and preferred music characteristics under various pain conditions, and 5) to investigate any differences in music preference patterns between healthy adults and cancer patients. In Phase I, 97 music therapists completed an online questionnaire to provide quantitative and qualitative data regarding the saliency of individual variabilities and music characteristics in determining the choice of music for pain management interventions, as well as their current practices with adult populations in clinical settings. In Phase II, 50 healthy adults (33 females, 17 males) ranging in age from 40 to 70 years (M = 57.04 ± 7.99) completed a battery of tests and questionnaires, including a Participant Intake Form (demographic information, music background, listening habits), an adapted Short Test of Music Preference – Revised (STOMP-R-A), a Music Characteristics Test, the Miller Behavioral Style Scale – abbreviated (MBSS-abbreviated), and the NEO Five-Factor Inventory-3 (NEO-FFI-3). The STOMP-R-A measured the participants’ trait and state preferences for 23 music genres. The Music Characteristics Test involved a music listening portion for participants to rate their preferences for various music characteristics. The MBSS-abbreviated measured behavioral coping styles and the NEO-FFI-3 measured the five dimensions of personality. In Phase III, 35 cancer patients (24 females, 11 males) ranging in age from 42 to 70 years (M = 57.71 ± 7.07) completed the same measurement tools as the ones used in Phase II, as well as the Short-Form McGill Pain Questionnaire–2 (SF-MPQ-2), which measured ratings for chronic, acute, and neuropathic pain. A one-way analysis of variance was used to test for response bias amongst the music therapists in Phase I. No response bias was found. Responses were reported as sums and converted to percentages of respondents for each selected response. Qualitative responses were analyzed using open coding and thematic development techniques. An intercoder was recruited to authenticate reliability for the qualitative findings. Music therapists identified age, ethnicity, culture, and religious preferences as important individual variabilities, and tempo, rhythmic complexity, and dynamics as salient music characteristics in their ratings. The results from Phase I informed the methodology for the next two phases of this study. Participants in Phases II and III were tested individually. The paired t-test was used to determine differences between trait and state music preferences across all 23 genres. The results indicated significant decreases from trait to state music preferences across music genres in both healthy adult and cancer patient groups. Calculations of the chi-square statistic and the McNemar’s test were used to detect differences between trait music preference and state music preference specific to each of the 23 genres. Multiple logistic regression analysis was used to examine the contributions of demographic factors, personality, behavioral coping style, and pain to changes from trait to state preferences and preferred music characteristics under four pain conditions. In Phase II, age, gender, and neuroticism predicted changes in trait-state preference for music genres; and gender and behavioral coping styles predicted changes in preferences for music characteristics under low-acute, high-acute, low-chronic, and high-chronic pain conditions. In Phase III, neuroticism predicted changes in trait-state preference for music genres; and age predicted changes in preferences for music characteristics under the four pain conditions. The independent t-test was used to determine differences between healthy adults’ and cancer patients’ ratings of the importance of music, music background, and music listening habits. No significant differences were found between the two groups. Healthy adults and cancer patients were most familiar with country music and rated oldies and rock as their most preferred music genres. Healthy adults reported familiarity with and preferences for greater number of genres compared to cancer patients. In general, both groups indicated decreased preferences for music under pain conditions. The findings from this study emphasized the importance of considerations for the interactions of trait-state music preferences, individual variabilities, and music characteristics as a paradigm for context-specific pain management in adult clinical settings.