In previous work, a two-dimensional (2D) model was carried out to simulate the phononic band structure of a phononic crystal with square lattice structure, but this model did not account for the out-of-plane phonon dispersions [1]. In fact, for 2D films used for coating materials, it is more interesting to understand their cross-plane properties. In this work, the phonon dispersion relation of 2D phononic crystals was investigated using the finite element method. COMSOL Multiphysics LiveLinkTM for MATLAB® is employed with periodic boundary conditions on unit cells. By using the Plane Strain and Mindlin Plate physics in COMSOL, we carried out simulations to determine both the in-plane and out-of-plane phonon dispersion relations. The obtained simulation results show good agreement with previous reported results computed using other numerical methods [2, 3]. In addition to the 2D structures presented in this study, the same simulation method can be extended to compute the phonon dispersion relations for both 2D and 3D phononic crystals having any arbitrary structural design.


Our initial situation is as follows: The blueprint of the ground floor of SAP's main building the EVZ is given and the open question on how mathematic can support the evacuation's planning process ? To model evacuation processes in advance as well as for existing buildings two models can be considered: macro- and microscopic models. Microscopic models emphasize the individual movement of evacuees. These models consider individual parameters such as walking speed, reaction time or physical abilities as well as the interaction of evacuees during the evacuation process. Because of the fact that the microscopic model requires lots of data, simulations are taken for implementation. Most of the current approaches concerning simulation are based on cellular automats. In contrast to microscopic models, macroscopic models do not consider individual parameters such as the physical abilities of the evacuees. This means that the evacuees are treated as a homogenous group for which only common characteristics are considered; an average human being is assumed. We do not have that much data as in the case of the microscopic models. Therefore, the macroscopic models are mainly based on optimization approaches. In most cases, a building or any other evacuation object is represented through a static network. A time horizon T is added, in order to be able to describe the evolution of the evacuation process over time. Connecting these two components we finally get a dynamic network. Based on this network, dynamic network flow problems are formulated, which can map evacuation processes. We focused on the macroscopic model in our thesis. Our main focus concerning the transfer from the real world problem (e.g. supporting the evacuation planning) will be the modeling of the blueprint as a dynamic network. After modeling the blueprint as a dynamic network, it will be no problem to give a formulation of a dynamic network flow problem, the so-called evacuation problem, which seeks for an optimal evacuation time. However, we have to solve a static large-scale network flow problem to derive a solution for this formulation. In order to reduce the network size, we will examine the possibility of applying aggregation to the evacuation problem. Aggregation (lat. aggregare = piling, affiliate; lat. aggregatio = accumulation, union; the act of gathering something together) was basically used to reduce the size of general large-scale linear or integer programs. The results gained for the general problem definitions were then applied to the transportation problem and the minimum cost network flow problem. We review this theory in detail and look on how results derived there can be used for the evacuation problem, too.


The objectives of the study were to estimate geneti c parameters for tick resistance and to evaluate the effect of the level of tick infestation on the estimates of genetic parameters for South African B onsmara cattle. Field data of repeated tick count records ( n = 11 280) on 1 176 animals were collected between 1993 and 2005 by 10 breeders participating in the Nation al Beef Recording and Improvement Scheme. The distribution of tick count records were normalized using a Box-Cox transformation. Data were divided i nto seven sub-data sets based on the mean tick count pe r contemporary group, to facilitate the investigati on of the effect of level of tick infestation on the deri ved genetic parameters. A repeatability animal model including the fixed effects of contemporary group a nd age of animal at tick counting and random effect s of the direct additive genetic, permanent environmenta l and residual effects was used to estimate genetic parameters using REML procedures. The additive genetic variance for tick count ranged from 0.01 to 0.0 8. The animal permanent environmental variance ranged from 0.00 to 0.03. Phenotypic variance decreased wi th increasing mean tick count level while additive gen etic variance increased with mean tick count level. The heritability also increased with mean tick count le vel until a mean tick count level of ≥30. The highest heritability estimate obtained in the current study was 0.17 for data with mean tick count level ≥25. These results suggest that sufficient genetic variation f or tick count exists in the Bonsmara cattle. Geneti c selection for tick resistance is feasible even though genetic progress may be slow.


The articles and essays in this Symposium on Religion, Religious Pluralism, and the Rule of Law were presented for a Section on Law and Religion panel at the 2007 Annual Meeting of the Association of American Law Schools. The Symposium aims to move the debate about the relationship between law and religion beyond conflicts between secularists and religionists by focusing attention on presuppositions about religion, religious pluralism, and the rule of law. Focusing on these presuppositions helps get beyond the tendency of most legal scholars, judges, and lawyers to think through the law rather than about the law. The articles and essays in this Symposium disclose key presuppositions of religionists and secularists by employing other disciplinary perspectives and methods to provide a more sophisticated understanding of law and religion. The articles fall into two subgroups. The first group of articles focuses on analyzing the key presuppositions of secularists and religionists primarily in the American context relating to interpretations of the religion clauses of the First Amendment and President George Washington's religious beliefs. The articles and essays in this group were written by Scott Idleman, Michael and Jana Novak, and Steven Smith. The second group of articles focuses more broadly on how secularist and religionist assumptions impact debates about constitutionalism, religious pluralism, and paradigms of law and religion. This group includes articles by Larry Cata Baker, Robin Lovin, and myself. All of the articles and essays in this Symposium provide rich insights into presuppositions about law and religion that have not been sufficiently examined in prior debates, and they should advance the conversation about law and religion in ways that provide for new avenues of reflection.


Monomial representations and operations for Grobner bases computations are investigated from an implementation point of view. The technique ofvectorized monomial operations is introduced and it is shown how it expedites computations of Grobner bases. Furthermore, a rank-based monomialrepresentation and comparison technique is examined and it is concluded that this technique does not yield an additional speedup over vectorizedcomparisons. Extensive benchmark tests with the Computer Algebra System SINGULAR are used to evaluate these concepts.


Abstract. Both sensor calibration and satellite retrieval algorithm play an important role in the ability to determine accurately long-term trends from satellite data. Owing to the unprecedented accuracy and long-term stability of its radiometric calibration, SeaWiFS measurements exhibit minimal uncertainty with respect to sensor calibration. In this study, we take advantage of this well-calibrated set of measurements by applying a newly-developed aerosol optical depth (AOD) retrieval algorithm over land and ocean to investigate the distribution of AOD, and to identify emerging patterns and trends in global and regional aerosol loading during its 13-yr mission. Our correlation analysis between climatic indices (such as ENSO) and AOD suggests strong relationships for Saharan dust export as well as biomass-burning activity in the tropics, associated with large-scale feedbacks. The results also indicate that the averaged AOD trend over global ocean is weakly positive from 1998 to 2010 and comparable to that observed by MODIS but opposite in sign to that observed by AVHRR during overlapping years. On regional scales, distinct tendencies are found for different regions associated with natural and anthropogenic aerosol emission and transport. For example, large upward trends are found over the Arabian Peninsula that indicate a strengthening of the seasonal cycle of dust emission and transport processes over the whole region as well as over downwind oceanic regions. In contrast, a negative-neutral tendency is observed over the desert/arid Saharan region as well as in the associated dust outflow over the north Atlantic. Additionally, we found decreasing trends over the eastern US and Europe, and increasing trends over countries such as China and India that are experiencing rapid economic development. In general, these results are consistent with those derived from ground-based AERONET measurements.


The described study aims to find correlations between urban spatial configurations and human emotions. To this end, the authors measured people's emotions while they walk along a path in an urban area using an instrument that measures skin conductance and skin temperature. The corresponding locations of the test persons were measured recorded by using a GPS-tracker n=13. The results are interpreted and categorized as measures for positive and negative emotional arousal. To evaluate the technical and methodological process. The test results offer initial evidence that certain spaces or spatial sequences do cause positive or negative emotional arousal while others are relatively neutral. To achieve the goal of the study, the outcome was used as a basis for the study of testing correlations between people's emotional responses and urban spatial configurations represented by Isovist properties of the urban form. By using their model the authors can explain negative emotional arousal for certain places, but they couldn't find a model to predict emotional responses for individual spatial configurations.


Whenever parties seek to introduce out-of-court statements, evidentiary issues of hearsay and authentication will arise. As methods of communication expand, the Rules of Evidence must necessarily keep pace. The rules remain essentially the same, but their application vary with new modes of communication. Evidence law has been very adaptable in some ways, and notoriously conservative, even stodgy, in others. Although statements on Facebook and other social media raise some interesting questions concerning the hearsay rule and its exceptions, there has been little concern about applying the hearsay doctrine to such forms of communication. By contrast, such new media have triggered what could be characterized as a judicial freak-out concerning how to authenticate statements made via social media. Part II defines and explains the function of social media and Part III discusses where evidence from social media currently appears in modern trials. (The short answer is everywhere). Part IV discusses hearsay questions raised by statements on Facebook and Twitter, arguing that with some small exceptions, the rules are perfectly well-suited to deal with such new media and that courts face few problems in doing so. Part V documents the divergent approaches courts have taken to authenticating evidence from social media. Although some argue that the capacity for false authorship and fraud is so great that new rules are necessary, the majority of scholars and practitioners believe that the current rules of authentication are adequate, though there is much disagreement about their application. After setting out the evidence standard for authentication and the various approaches of recent cases, Part IV criticizes the overly cautious and stingy approach of some courts. Part VI advocates for the more open approach to authenticating social media adopted by some courts. It goes further, arguing for a rebuttable presumption of authenticity barring credible evidence of appropriation or hacking. As with other types of technology when first introduced — photographs, telephone calls, x-rays — an inevitable transition period exists as courts gradually become familiar with the new mode of transmitting information and less fearful of undetectable fraud. In the meantime, it is satisfying to reflect how the Rules of Evidence, properly applied, continue to be an excellent source for accommodating new and sometimes challenging forms of out-of-court communication.


This study presents a modified Unified Theory of Acceptance and Use of Technology (UTAUT) to examine keyfactors that affect the intention to accept and the subsequent use of mobile commerce (M-commerce) amongJordanian consumers. A survey questionnaire was used to collect data from 447 undergraduate universitystudents using a stratified random sample, and analyzed by using a structural equation modeling (SEM); byusing the WarpPLS 3.0 software. Results show that user acceptance and use of Mobile commerce services canbe predicted from the users' behavioral intentions, which are affected significantly by Performance Expectancy,Effort Expectancy, and Social Influence. From among these variables, Social Influence is the most significantdeterminant that directly affects behavioral intention to use M-commerce services in Jordan followed by EffortExpectancy then Performance Expectancy. Facilitating Conditions and moderating variables (gender, age,monthly expense, and experience) have no significant effect on Behavioral Intention to use M-commerceservices in Jordan.Ultimately, this study finds that there is a direct effect between behavioral intention and the eventual use ofM-commerce services in Jordan. This research should help merchandisers avoid spending thousands or evenmillions of dollars that may on investments that will have little effect on whether or not the consumer willactually accept and use M-commerce. The study also gives quantified indicators and presents a model that mighthelp in understanding the M-commerce environment in Jordan. It concludes with an examination of theimplications of the research findings and offers suggestions for future research.


A team of Johns Hopkins scientists reported in the Proceedings of theNational Academy of Sciences that humans can be protected against thedamaging effects of ultraviolet (UV) radiation - the most abundantcancer-causing agent in our environment - by topical application ofan extract of broccoli sprouts. The results in human volunteers, backed by parallel evidence obtainedin mice, show that the degree of skin redness (erythema) caused by UVrays, which is an accurate index of the inflammation and cell damagecaused by UV radiation, is markedly reduced in extract-treated skin. Importantly, notes investigator Paul Talalay, M.D., professor ofpharmacology, this chemical extract is not simply a sunscreen. Unlikesunscreens, it does not absorb UV light and prevent its entry intothe skin. Rather, the extract works inside cells by boosting theproduction of a network of protective enzymes that defend cellsagainst many aspects of UV damage. Consequently, the effects arelong-lasting; the protection lasts for several days, even after theextract is no longer present on or in the skin. As skin cancer incidence is rising dramatically due to the escalatingexposure of aging populations to the UV rays of the sun, Talalay saysthat "treatment with this broccoli sprout extract might be anotherprotective measure that alleviates the skin damage caused by UVradiation and thereby decreases our long-term risk of developingcancer." The protective chemical agent in the broccoli sprout extracts issulforaphane. It was first identified by Talalay and his colleaguesmore than 15 years ago and has been shown to prevent tumordevelopment in a number of animals treated with cancer-causingchemicals. After first testing mouse models of skin cancer to confirmsulforaphane's protective effects, Talalay and his team tested sixhealthy volunteers. Each one was exposed to a pulse of UV radiationon small patches of their skin (less than 1 inch in diameter) thatwere either treated or untreated with different doses of broccoliextract. At the highest doses, UV-induced redness and inflammation werereduced by an average of 37 percent. The extracts were protectiveeven when applied three days prior to UV exposure. The protection didvary considerably among the subjects, ranging from 8 percent to 78percent, which Talalay notes may be due to genetic differences amongindividuals, local differences in the skin, or other factors such asdietary habits. He also points out that conventional sunscreens wereessentially ineffective in these experiments. This research was funded by the National Institutes of Health,American Cancer Society, American Institute for Cancer Research, andthe Lewis B. and Dorothy Cullman Foundation. Authors on the paper are Jed Fahey, Zachary Healy, Scott Wehage,Andrea Benedict, Christine Min, Albena Dinkova-Kostova and Talalay,all of Johns Hopkins. Disclosure note: Paul Talalay and Jed Fahey are unpaid consultants toBrassica Protection Products LLC (BPP), which licenses the technologyto produce broccoli sprouts. Talalay, Fahey and The Johns HopkinsUniversity are equity owners in BPP (whose chief executive officer isAntony Talalay, son of Paul).


This report discusses the Special Inspector General provisions in the Emergency Economic Stabilization Act of 2008, H.R. 1424, which was enacted as P.L. 110-343 on October 3, 2008. This Act created a Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP). This report will compare the duties and authorities of
the SIG TARP to those of the Special Inspector General for Iraq Reconstruction (SIGIR) and the Special Inspector General for Afghanistan Reconstruction (SIGAR), as well as statutory IGs under the Inspector General Act of 1978, as amended (IG Act).


In this work we use the Parsimonious Multi–Asset Heston model recently developed in [Dimitroff et al., 2009] at Fraunhofer ITWM, Department Financial Mathematics, Kaiserslautern (Germany) and apply it to Quanto options. We give a summary of the model and its calibration scheme. A suitable transformation of the Quanto option payoff is explained and used to price Quantos within the new framework. Simulated prices are given and compared to market prices and Black–Scholes prices. We find that the new approach underprices the chosen options, but gives better results than the Black–Scholes approach, which is prevailing in the literature on Quanto options.


"A wonderful introduction the Japanese tradition of jisei, this volume is crammed with exquisite, spontaneous verse and pithy, often hilarious, descriptions of the eccentric and committed monastics who wrote the poems." -Tricycle: The Buddhist Review Although the consciousness of death is, in most cultures, very much a part of life, this is perhaps nowhere more true than in Japan, where the approach of death has given rise to a centuries-old tradition of writing jisei, or the "death poem." Such a poem is often written in the very last moments of the poet's life. Hundreds of Japanese death poems, many with a commentary describing the circumstances of the poet's death, have been translated into English here, the vast majority of them for the first time. Yoel Hoffmann explores the attitudes and customs surrounding death in historical and present-day Japan and gives examples of how these have been reflected in the nation's literature in general. The development of writing jisei is then examined-from the poems of longing of the early nobility and the more "masculine" verses of the samurai to the satirical death poems of later centuries. Zen Buddhist ideas about death are also described as a preface to the collection of Chinese death poems by Zen monks that are also included. Finally, the last section contains three hundred twenty haiku, some of which have never been assembled before, in English translation and romanized in Japanese.


Vegetation is an important component of any ecosystem. In urban areas, presence of vegetation is essential for reducing the effects of environmental pollution and maintaining the ecological balance. In the wake of excessive growth of population, the urban vegetation with parkland, especially in developing countries, are diminishing rapidly to provide additional space to various other types of land use. However, such reductions can have serious future implications. Therefore, an assessment of the vegetation cover of urban areas is essential. In this paper, Landsat satellite imageries have been used to study the changes in the vegetation cover of Kolkata, the largest metropolis in eastern India, from 1973 to 2011. The entire area of Kolkata and its surroundings (up to a distance of 10 km) has been divided into four quadrants according to the cardinal directions (northeast, southeast, southwest and northwest) and six concentric rings of 2 km radius each, and from these 24 sectors (four quadrants and six concentric circles), vegetated lands have been identified for analyzing the changes during the study period. There is a constant decrease of vegetation cover from 1973 till date. The outer periphery of the city is characterized by more urban vegetation as compared to the core of the city. Apart from this, the western sector is denser in terms of vegetation than the eastern one.


The Internet has grown much in popularity in the past few years. Numerous users read USENET newsgroups daily for entertainment, work, study, and more. USENET News servers have seen a gradual increase in the traffic exchanged between them, to a point where the hardware and software supporting the servers is no longer capable of meeting demand, at which point the servers begin "dropping" articles they could not process. The rate of this increase has been faster than software or hardware improvements were able to keep up, resulting in much time and effort spent by administrators upgrading their news systems. One of the primary reasons for the slowness of news servers has been the need to process many articles in very large flat directories representing newsgroups such as control.cancel and misc.jobs.offered. A large portion of the resources is spent on processing articles in these few newsgroups. Most Unix directories are organized as a linear unsorted sequence of entries. Large newsgroups can have hundreds of thousands of articles in one directory, resulting in significant delays processing any single article. Usenetfs is a file system that rearranges the directory structure from being flat to one with small directories containing fewer articles. By breaking the structure into smaller directories, it improves the performance of looking for, creating, or deleting files, since these operations occur on smaller directories. Usenetfs takes advantage of article numbers; knowing that file names representing articles are composed of digits helps to bound the size of the smaller directories. Usenetfs improves overall performance by at least 22% for average news servers; common news server operations such as looking up, adding, and deleting articles are sped up by as much as several orders of magnitude. Usenetfs was designed and implemented as a stackable Vnode layer loadable kernel module[Heidemann94, Rosenthal92, Skinner93]. It operates by "encapsulating" a client file system with a layer of directory management. To the process performing directory operations through a mounted Usenetfs, all directories appear flat; but when inspecting the underlying storage that it manages, small directories are visible. Usenetfs is small and is transparent to the user. It requires no change to News software, to other file systems, or to the rest of the operating system. Usenetfs is more portable than other native kernel-based file systems because it interacts with the Vnode interface which is similar on many different platforms.


A mapping experiment has been carried out on the IMB94 recombinant inbred maize population seeking loci that confer tolerance to drought stress, UV-B stress, and the combination of both. The effects of drought, UV-B radiation, and the combination of both on four general traits in maize seedlings were measured under greenhouse conditions and analyzed using QTL Network and Chromoscan software. Trait measurements indicated a seasonal affect on growth which was adjusted for by standardizing trait data by the median of corresponding parental 'check plants'. Non-adjusted and adjusted QTL Network analyses identified 19 QTLs with 5 epistatic interactions and 6 QTLs with 2 epistatic interactions, respectively while Chromoscan analysis identified 123 single locus QTLs. Results from these analyses suggest that QTLs for drought and UV-B tolerance exist across the entire genome and are somewhat more common than QTLs for tolerance to the combination of both stresses.


Abstract The standard Walrasian equilibrium theory requires that the marginal value product of production factor such as labor is equal across firms and industries. However, productivity dispersion is widely observed in the real economy. Search theory allegedly fills this gap by encompassing apparent disequilibrium phenomena in the neoclassical equilibrium framework. Taking up Lucas and Prescott (1974) as a primary example, we show that the neoclassical search theory cannot explain the observed pattern of productivity dispersion. Non-self-averaging, a concept little known to economists, plays the major role. Empirical observation suggests strongly the presence of disturbing forces which dominate equilibrating forces due to optimizing behavior of economic agents. We must seek a new concept of equilibrium different from the standard Walrasian equilibrium in macroeconomics.


[1] Haywood et al. (2004) show that an aerosol layer above a cloud can cause a bias in the retrieved cloud optical thickness and effective radius. Monitoring for this potential bias is difficult because space‐based passive remote sensing cannot unambiguously detect or characterize aerosol above cloud. We show that cloud retrievals from aircraft measurements above cloud and below an overlying aerosol layer are a means to test this bias. The data were collected during the Intercontinental Chemical Transport Experiment (INTEX‐A) study based out of Portsmouth, New Hampshire, United States, above extensive, marine stratus cloud banks affected by industrial outflow. Solar Spectral Flux Radiometer (SSFR) irradiance measurements taken along a lower level flight leg above cloud and below aerosol were unaffected by the overlying aerosol. Along upper level flight legs, the irradiance reflected from cloud top was transmitted through an aerosol layer. We compare SSFR cloud retrievals from below‐aerosol legs to satellite retrievals from the Moderate Resolution Imaging Spectroradiometer (MODIS) in order to detect an aerosol‐induced bias. In regions of small variation in cloud properties, we find that SSFR and MODIS‐retrieved cloud optical thickness compares within the uncertainty range for each instrument while SSFR effective radius tend to be smaller than MODIS values (by 1–2 mm) and at the low end of MODIS uncertainty estimates. In regions of large variation in cloud properties, differences in SSFR and MODIS‐retrieved cloud optical thickness and effective radius can reach values of 10 and 10 mm, respectively. We include aerosols in forward modeling to test the sensitivity of SSFR cloud retrievals to overlying aerosol layers. We find an overlying absorbing aerosol layer biases SSFR cloud retrievals to smaller effective radii and optical thickness while nonabsorbing aerosols had no impact.


High-performance message-based supercomputers have only recently emerged from the research laboratory. The commercial manufacturing of such products as the Intel iPSC, the Ametek s/14, the NCUBE/ten, and the FPS T Series - all based on multicomputer network technology - has sparked lively interest in high-performance computation, and particularly in the message-passing paradigm for parallel computation.This book makes readily available information on many aspects of the design and use of multicomputer networks, including machine organization, system software, and application programs. It provides an introduction to the field for students and researchers and a survey of important recent results for practicing engineers. The emphasis throughout is on design principles and techniques; however, there are also descriptions and comparison of research and commercial machines and case studies of specific applications."Multicomputer Networks" covers such major design areas as communication hardware, operating systems, fault tolerance, algorithms, and the selection of network topologies. The authors present results in each of these areas, emphasizing analytic models of interconnection networks, VLSI constraints and communication, communication paradigms and hardware support, multicomputer operating systems, and applications for distributed simulation and for partial differential equations. They survey the hardware designs and the available software and present a comparative performance study of existing machines.


The commentary brings together the perspectives of a group of coach developers from across the globe who form a community of practice (CoP) from their involvement as "Cohort 5" in the International Council for Coaching Excellence and Nippon Sport Science University Coach Developer Academy. The CoP includes people from three types of organizations: university professors of sport coaching programs, national sport federations, and national multisport organizations' directors of coach education. While this CoP existed prior to the pandemic, the forced isolation has created a new structure and purpose to the CoP: The authors are all making meaning of the landscape of coach development within which they work by understanding the perspectives of others who work in their domain from across the world and the similar realities that they face in North America, Europe, the United Kingdom, and New Zealand. The authors outline the key themes that emerged from their weekly CoP video conference meetings to shed light on how this pandemic has changed the way they think about coach development.


Abstract Simple discoidal impressions are the only evidence of complex life in some Ediacaran and older rocks, but their interpretation is notoriously difficult. We reassessed a puzzling discoidal form from the c. 560 Ma upper Burway Formation of the Ediacaran Longmyndian Supergroup, Shropshire, UK. The structures, previously described as Intrites punctatus Fedonkin, are found on both the bed tops and soles. They vary in morphology from mounds with central depressions to incomplete rings and pairs of short ridges. Examination of the purported Intrites documented from the Longmyndian in cross-section revealed a torus-shaped structure bounded by microbial mat layers and commonly containing white laminae. We interpret the 'Longmyndian Intrites' as a product of microbial trapping, sediment binding and authigenic clay mineral and carbonate precipitation on the flanks of small sediment volcanoes. Subsidence of the ring-like structure into muddy sediments resulted in a torus-shaped microstromatolite. Preferential stromatolitic growth parallel to the prevailing current produced the observed partial rings or parallel ridges and explains their preferential orientation as current alignment. This interpretation of 'Longmyndian Intrites' expands the known variety of microbially-induced sedimentary structures (MISS) and emphasizes the importance of considering microbially-induced structures and abiological processes when interpreting discoidal impressions in ancient rocks.


Building on previously published details of the laboratory calibrations of the Harvard Lyman-α photofragment fluorescence hygrometer (HWV) on the NASA ER-2 and WB-57 aircraft, we describe here the validation process for HWV, which includes laboratory calibrations and intercomparisons with other Harvard water vapor instruments at water vapor mixing ratios from 0 to 10 ppmv, followed by in-flight intercomparisons with the same Harvard hygrometers. The observed agreement exhibited in the laboratory and during intercomparisons helps corroborate the accuracy of HWV. In light of the validated accuracy of HWV, we present and evaluate a series of intercomparisons with satellite and balloon borne water vapor instruments made from the upper troposphere to the lower stratosphere in the tropics and midlatitudes. Whether on the NASA ER-2 or WB-57 aircraft, HWV has consistently measured about 1–1.5 ppmv higher than the balloon-borne NOAA/ESRL/GMD frost point hygrometer (CMDL), the NOAA Cryogenic Frost point Hygrometer (CFH), and the Microwave Limb Sounder (MLS) on the Aura satellite in regions of the atmosphere where water vapor is <10 ppmv. Comparisons in the tropics with the Halogen Occultation Experiment (HALOE) on the Upper Atmosphere Research Satellite show large variable differences near the tropopause that converge to ~10% above 460 K, with HWV higher. Results we show from the Aqua Validation and Intercomparison Experiment (AquaVIT) at the AIDA chamber in Karlsruhe do not reflect the observed in-flight differences. We illustrate that the interpretation of the results of comparisons between modeled and measured representations of the seasonal cycle of water entering the lower tropical stratosphere is dictated by which data set is used.


Respected author and theologian Walter Brueggemann turns his discerning eye to the most critical yet basic needs of a world adapting to a new era, an era defined in large part by America's efforts to rebuild from an age of terror even as it navigates its way through an economic collapse. Yet in spite of these great challenges, Brueggemann calls us to journey together to the common good through neighborliness, covenanting, and reconstruction. Such a concept may seem overwhelming, but writing with his usual theological acumen and social awareness Brueggemann distills this challenge to its most basic issues: where is the church going? What is its role in contemporary society? What lessons does it have to offer a world enmeshed in such turbulent times? The answer is the same answer God gave to the Israelites thousands of years ago: love your neighbor and work for the common good. Brueggemann considers biblical texts as examples of the journey now required of the faithful if they wish to move from isolation and distrust to a practice of neighborliness, as an invitation to a radical choice for life or for death, and as a reliable script for overcoming contemporary problems of loss and restoration in a failed urban economy.


This occasional paper is the result of research carried out from 2006 to 2008 on the effects of new tenure rights for forest-based communities in Latin America on access to forest resources and benefits. Focused on seven different regions in four countries, the paper examines changes in statutory rights, the implementation of those rights in practice, and the extent to which they have led to tangible new benefits from forests, particularly to new sources of income. The research sites included several types of conservation and settlement communities in the Brazilian Amazon, an indigenous territory and agro-extractive communities in Bolivia, indigenous territories in Nicaragua and community forest concessions and highland communal forests in Guatemala. Though the granting of tenure rights signifies an important achievement for many communities, new statutory rights do not automatically turn into rights in practice. Virtually all of the cases — even those in which benefits have been significant — encountered substantial challenges along the road from rights to benefits: conflicts with other resource claimants; the failure of the state to define the tenure right appropriately or defend it effectively; problems with local authorities and governance institutions; the superposition of new models over existing institutions; obstacles to community engagement with markets; and the lack of systems to support forest resource management. The bundle of rights granted is sometimes overwhelmed by an accompanying bundle of responsibilities, or limited by restrictions on use, and may include an important ongoing decision-making role for certain state authorities. Institutional arrangements are also shaped by a variety of local authorities, some of which have been created or given substantial new powers in the reform process but lack experience and clear accountability relations. The state often appears more concerned with establishing management regulations than with defending community rights; for their part, communities and their organizations are forced to waste time and resources defending their rights from outside interests, rather than using these to strengthen local governance and forest management capacity. Policy frameworks have generally failed to establish an enabling environment for endogenous, community-based management opportunities. The gains that have been won and the potential of these processes for improving rights and livelihoods demonstrate the value of promoting efforts to overcome these obstacles.


BACKGROUND AND AIMS
Based on molecular phylogenetic analysis, it has been suggested recently that the Cyperaceae comprises only two subfamilies: the Mapanioideae and the Cyperoideae. In most flowers of the Cyperoideae, the whorl of inner stamens is reduced, resulting in tetracyclic flowers. In the more primitive (scirpoid) genera within the Cyperoideae, the perianth consists of two polysymmetric whorls, whereas the perianth parts in the more derived genera have been subject to modifications and/or reduction. Comparative studies of the many silky hairs of Eriophorum and of the eight bristles of Dulichium have given rise to much discussion about their homology.

METHODS
The spikelet and floral ontogeny in freshly collected inflorescences was investigated using scanning electron microscopy.

KEY RESULTS
Complete floral ontogenies are presented for Scirpus sylvaticus L., Eriophorum latifolium Hoppe and Dulichium arundinaceum (L.) Britton, with special reference to the perianth. The results in S. sylvaticus confirm the trimerous monocot-like organization of the flower. It is used as a model for floral development in Cyperoideae. In the early developmental stages, the androecium of E. latifolium is surrounded by a massive perigonial primordium, from which the many hair-like bristles originate. Consequently, the stamens develop among the hair primordia, more or less simultaneously. The hairs are arranged in whorls, which develop centripetally. The development of the perianth in D. arundinaceum starts with the formation of three initial perianth primordia opposite the stamens. Subsequently, two more abaxial bristle primordia, alternating with the stamens, originate simultaneously with the appearance of three adaxial bristle primordia in the zone where an adaxial inner perianth primordium is expected.

CONCLUSIONS
The floral development in E. latifolium and D. arundinaceum can be considered as variations upon the scirpoid floral ontogenetic theme.


Automated testing is an important technique to ensure the quality of a software system, and there is a general consensus in industry that testing is a critical part of the development process. However, recent studies suggest that unit testing is not that widely practiced. In this thesis, we studied an industrial software project called EPOF with respect to testing. We tried to answer the question whether the discovery of bugs pushes the writing of tests, whether unit tests help to prevent bugs, and whether the system's architecture facilitates or impedes unit testing. To answer those questions, we studied the bug reports and associated bug fix reports of the project. Our results showed that the test coverage was rather low, and most bugs were fixed without adding or changing any tests, most bugs were detected by manual testers or customers and not by the existing tests and that the testability of the code is low in most parts of the system. In 2017, the development team decided to give unit testing higher priority. Our results show that this decision, together with other development process improvements, indeed had a positive effect on the bug rate and the testability of the system.


Interstitial nephritis with proteinuria >1 g/day is uncommon and almost always the result of drug-induced ATIN with an associated minimal change glomerulonephritis (GN). Here, we present a series of five unusual cases of interstitial nephritis without GN but with proteinuria >1 g/day, and they were identified from renal biopsies done from February 2008 to March 2009. Out of 236 patients who underwent renal biopsy, only five met the inclusion criteria. Three patients presented with edema and two with oliguria, while none had frank hematuria, fever, arthralgia, skin rash or history of exposure to nonsteroidal antiinflamatory drugs, analgesics, antibiotics, allopurinol, or Chinese herb before presentation. Urinalysis revealed hematuria in two patients, pyuria in three and nephrotic range proteinuria in two. All had normal complement levels and were negative for antinuclear antibodies, Anti-dsDNA antibody, and antineutrophil cyto-plasmic antibodies. Clinical diagnosis was nephrotic syndrome in two patients, the third had diagnosis of rapidly progressive GN, the fourth had HIV associated nephropathy, and the fifth had unexplained advanced renal failure. Though three patients had renal dysfunction only one required dialysis. Light microscopy of renal biopsies revealed granulomatous interstitial nephritis in three patients and small vessel vasculitis in two of them. One patient had nongranulomatous interstitial nephritis along with vasculitis. Acute interstitial nephritis was the only finding in one patient. In conclusion, patients with interstitial nephritis can present with moderate-to-heavy proteinuria probably due to cytokine-like permeability increasing factor secreted by inflammatory cells in the interstitium.


The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the problem through unrelated, duly self-contained fields, as in the famous Law of the Horse? This Article is the first to examine that question comprehensively, to move beyond thinking about the law and climate change adaptation to consider the law of climate change adaptation. Part I of the Article lays out our methodological premises and approach. Using a model we call Stationarity Assessment, Part I explores how legal fields are structured and sustained based on assumptions about the variability of natural, social, and economic conditions, and how disruptions to that regime of variability can lead to the emergence of new fields of law and policy. Case studies of environmental law and environmental justice demonstrate the model's predictive power for the formation of new distinct legal regimes. Part II applies the Stationarity Assessment model to the topic of climate change adaptation, using a case study of a hypothetical coastal region and the potential for climate change impacts to disrupt relevant legal doctrines and institutions. We find that most fields of law appear capable of adapting effectively to climate change. In other words, without some active intervention, we expect the law and policy of climate change adaptation to follow the path of the Law of the Horse - a collection of fields independently adapting to climate change - rather than organically coalescing into a new distinct field. Part III explores why, notwithstanding this conclusion, it may still be desirable to seek a different trajectory. Focusing on the likelihood of systemic adaptation decisions with perverse, harmful results, we identify the potential benefits offered by intervening to shape a new and distinct field of climate change adaptation law and policy. Part IV then identifies the contours of such a field, exploring the distinct purposes of reducing vulnerability, ensuring resiliency, and safeguarding equity. These features provide the normative policy components for a law of climate change adaptation that would be more than just a Law of the Horse. This new field would not replace or supplant any existing field, however, as environmental law did with regard to nuisance law, and it would not be dominated by substantive doctrine. Rather, like the field of environmental justice, this new legal regime would serve as a holistic overlay across other fields to ensure more efficient, effective, and just climate change adaptation solutions.


Tennis involves a great deal of foot work. Foot and ankle injuries can occur from the continuous side to side and quick stopping and starting motions required in this sport. The playing surface also plays a role, as hard courts are less forgiving compared to clay courts. Tennis players should be aware of the following risks:


Abstract. Robust appraisals of climate impacts at different levels of global-mean temperature increase are vital to guide assessments of dangerous anthropogenic interference with the climate system. The 2015 Paris Agreement includes a two-headed temperature goal: "holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C". Despite the prominence of these two temperature limits, a comprehensive overview of the differences in climate impacts at these levels is still missing. Here we provide an assessment of key impacts of climate change at warming levels of 1.5 °C and 2 °C, including extreme weather events, water availability, agricultural yields, sea-level rise and risk of coral reef loss. Our results reveal substantial differences in impacts between a 1.5 °C and 2 °C warming that are highly relevant for the assessment of dangerous anthropogenic interference with the climate system. For heat-related extremes, the additional 0.5 °C increase in global-mean temperature marks the difference between events at the upper limit of present-day natural variability and a new climate regime, particularly in tropical regions. Similarly, this warming difference is likely to be decisive for the future of tropical coral reefs. In a scenario with an end-of-century warming of 2 °C, virtually all tropical coral reefs are projected to be at risk of severe degradation due to temperature-induced bleaching from 2050 onwards. This fraction is reduced to about 90 % in 2050 and projected to decline to 70 % by 2100 for a 1.5 °C scenario. Analyses of precipitation-related impacts reveal distinct regional differences and hot-spots of change emerge. Regional reduction in median water availability for the Mediterranean is found to nearly double from 9 % to 17 % between 1.5 °C and 2 °C, and the projected lengthening of regional dry spells increases from 7 to 11 %. Projections for agricultural yields differ between crop types as well as world regions. While some (in particular high-latitude) regions may benefit, tropical regions like West Africa, South-East Asia, as well as Central and northern South America are projected to face substantial local yield reductions, particularly for wheat and maize. Best estimate sea-level rise projections based on two illustrative scenarios indicate a 50 cm rise by 2100 relative to year 2000-levels for a 2 °C scenario, and about 10 cm lower levels for a 1.5 °C scenario. In a 1.5 °C scenario, the rate of sea-level rise in 2100 would be reduced by about 30 % compared to a 2 °C scenario. Our findings highlight the importance of regional differentiation to assess both future climate risks and different vulnerabilities to incremental increases in global-mean temperature. The article provides a consistent and comprehensive assessment of existing projections and a good basis for future work on refining our understanding of the difference between impacts at 1.5 °C and 2 °C warming.


Our ability to maintain small amounts of information in mind is critical for successful performance on a wide range of tasks. However, it remains unclear exactly how this maintenance is achieved. One possibility is that it is brought about using mechanisms that overlap with those used for attentional control. That is, the same mechanisms that we use to regulate and optimize our sensory processing may be recruited when we maintain information in visual short-term memory (VSTM). We aimed to test this hypothesis by exploring how distracter filtering is modified by concurrent VSTM load. We presented participants with sequences of target items, the order and location of which had to be maintained in VSTM. We also presented distracter items alongside the targets, and these distracters were graded such that they could be either very similar or dissimilar to the targets. We analyzed scalp potentials using a novel multiple regression approach, which enabled us to explore the neural mechanisms by which the participants accommodated these variable distracters on a trial-to-trial basis. Critically, the effect of distracter filtering interacted with VSTM load; the same graded changes in perceptual similarity exerted effects of a different magnitude depending upon how many items participants were already maintaining in VSTM. These data provide compelling evidence that maintaining information in VSTM recruits an overlapping set of attentional control mechanisms that are otherwise used for distracter filtering.


This thesis is a study of five works of short fiction by author Joyce Carol Oates. One
story, "Where Are You Going, Where Have You Been," is one of her best-known and often
criticized, while the other four, "Haunted," "The Premonition," and "Extenuating
Circumstances" are part of a lesser-known collection entitled Haunted: Tales of the Grotesque.
The similarity running through all four stories is Oates' use of the grotesque image in her
depiction of violence, and the implications about gender roles found therein.
Oates' work is famous for its attention to violence perpetrated by men upon women, and
the first story includes such. However, in the other three stories, the aggressor is female, and her
action seems to represent an inability to achieve or a frustration with the feminine role; her
violence is a grotesque inversion of idealized femininity.
The aim of this thesis is to explore Oates' treatment of gender and violence using
elements of the grotesque. While much criticism of Oates suggests that she uses grotesque
violence to bemoan the victimization of women, my contention is that her treatment of gender
reveals that, regardless of sex, individuals who strive to conform to the prescribed gender roles
society presents to them are grotesque and problematic.


Deliciously Ella Ella Woodward 2015-01-22 From sumptuous desserts, to food on the go, delicious dips, raw treats and rainbow bowls of awesome veggies, Ella's philosophy is all about embracing the natural foods that your body loves and creating fresh, simple dishes which are easy to make and taste amazing. Featuring more than 100 new sugar-free, gluten-free and dairy-free recipes to excite your taste buds, this collection will inspire you to eat for better health, glowing skin and boundless energy. A reformed sugar monster herself, Ella knows just how daunting the idea of changing your diet can be. Her must-read blog, DELICIOUSLY ELLA, which gets two million visitors a month from all over the world, was inspired by her own health adventure and everything she has learned by healing herself simply through diet. It's truly amazing to see what you can do with these simple ingredients and how you can so easily create a deliciously healthy version of your favourite dishes. More than anything, Ella wants to show that this way of eating is absolutely not about deprivation and starvation, but instead is about embracing a positive, healthy way of life.


The law of personal jurisdiction determines what states or countries may enter a binding judgment against a civil defendant. Without personal jurisdiction over the defendant, a court is powerless to act. While principles of personal jurisdiction are well established in the United States and the European Union (EU), these principles were developed before the widespread use of the Internet, and neither the Supreme Court nor the European Court of Justice has spoken on how the established principles apply in the context of the Internet. American law requires that a defendant engage in purposeful availment of the forum where she is sued, so a defendant is subject to suit only in a forum with which she has established purposeful ties. In contrast, the EU grants personal jurisdiction where the injury occurred, regardless of whether the defendant purposefully availed itself of that place. The difference in approach will prove to be most important in cases involving relatively passive Web site use. So if a defendant posts something on a Web site in State A, which is accessible around the world, and a plaintiff is hurt in some way by that posting in State B, may the plaintiff sue the defendant in State B? EU law should provide a positive answer, because their focus is on accessibility and where the harm occurs. In the United States, lower courts have reached inconsistent results, mainly because of the Supreme Court's failure to resolve an important jurisdiction question in a 1987 case involving the "stream of commerce." The Web site case is the modern technological iteration of the stream of commerce which the Court failed to resolve in 1987.


[1] We examine the relation between Aqua Moderate Resolution Imaging Spectroradiometer (MODIS) aerosol optical thickness (AOT) and Aura Microwave Limb Sounder upper tropospheric (UT) carbon monoxide (CO) to address when CO can be used as a proxy for aerosols. Ice cloud effective radii (re), also from Aqua MODIS, are also analyzed to investigate possible aerosol effects on ice clouds. Our analysis focuses on five regions where ice clouds are collocated with high UT CO loadings: South America (SAM), southern Africa (SAF), northern Africa (NAF), South Asia (SAS), and East Asia (EAS). We find three levels of AOT to CO sensitivity. High AOT sensitivity to CO is characterized by a rapid increase of AOT when CO increases. SAM in August–November and SAF in June–September fall into this category. Moderate AOT sensitivity to CO is characterized by moderate increase of AOT with CO. It includes SAF in October–May, NAF in January–March, SAS in all months, and EAS in August–September. The other months for each region fall into the low sensitivity category. The variations of sensitivity in different regions and seasons result from different emission sources coupled with dynamic influence. CO can be used as an aerosol proxy for the "high" and "moderate" sensitivity cases. During those times, re for polluted clouds is smaller than that for clean clouds, suggesting an indirect effect of aerosol on ice clouds. CO is not a good aerosol index in the low sensitivity cases, in which polluted clouds defined by CO loadings do not show significant differences from clean clouds in re.


Abstract. We compare the ocean temperature evolution of the Holocene as simulated by climate models and reconstructed from marine temperature proxies. We use transient simulations from a coupled atmosphere–ocean general circulation model, as well as an ensemble of time slice simulations from the Paleoclimate Modelling Intercomparison Project. The general pattern of sea surface temperature (SST) in the models shows a high-latitude cooling and a low-latitude warming. The proxy dataset comprises a global compilation of marine alkenone- and Mg/Ca-derived SST estimates. Independently of the choice of the climate model, we observe significant mismatches between modelled and estimated SST amplitudes in the trends for the last 6000 yr. Alkenone-based SST records show a similar pattern as the simulated annual mean SSTs, but the simulated SST trends underestimate the alkenone-based SST trends by a factor of two to five. For Mg/Ca, no significant relationship between model simulations and proxy reconstructions can be detected. We test if such discrepancies can be caused by too simplistic interpretations of the proxy data. We explore whether consideration of different growing seasons and depth habitats of the planktonic organisms used for temperature reconstruction could lead to a better agreement of model results with proxy data on a regional scale. The extent to which temporal shifts in growing season or vertical shifts in depth habitat can reduce model–data misfits is determined. We find that invoking shifts in the living season and habitat depth can remove some of the model–data discrepancies in SST trends. Regardless whether such adjustments in the environmental parameters during the Holocene are realistic, they indicate that when modelled temperature trends are set up to allow drastic shifts in the ecological behaviour of planktonic organisms, they do not capture the full range of reconstructed SST trends. Results indicate that modelled and reconstructed temperature trends are to a large degree only qualitatively comparable, thus providing a challenge for the interpretation of proxy data as well as the model sensitivity to orbital forcing.


Palaeontology typically relies on fossil studies, in particular morphological differences, to reconstruct and interpret patterns of vertebrate evolution. However, genetic studies of population histories of extant species provide data about past population events (e.g. local extinctions, recolonisations) which are equally relevant to palaeontological questions. This study used morphological traits to evaluate a hypothesis based on genetic evidence that southern African impala (Aepyceros melampus) are the founder population for all other living African impala populations, after an eastern African extirpation event dating to around 200 000 years ago. Measurements of three horn metrics and the presence or absence of a particular dental trait were compared across four regional impala samples. Eastern African impala possess a unique combination of larger horns and a significantly higher occurrence of entostyles when compared to other impala populations. These traits are likely to have characterised a small group of founding impala which recolonised this region. This pattern appears consistent with the genetic evidence that a subset of the southern African impala gave rise to the eastern African populations. Other species with complex population histories, such as wildebeest, eland, topi and hartebeest may also therefore be expected to express variation in certain morphological traits in the fossil record because of similar patterns of recolonisations. The process of local extinction and subsequent repopulation over shorter timescales (102 – 103 years) may pass unnoticed in the fossil record, and lineages may appear uninterrupted. Instead, greater morphological variation within a species may be observed, which may be misinterpreted as reflecting a speciation event, or ecophenotypic variation. Combining data from genetic studies and palaeontology may provide further clues as to how faunal dispersals within Africa shaped the morphological variation in the fossil record, and how to best interpret such differences.


By setting deadlines for the end of 2012, recent congresses left resolution of the budget sequestrations and Bush Era tax cuts to the lame-duck meeting of the 112th Congress. Acting in its final days, the lame-duck Congress passed legislation to avert the so-called fiscal cliff. Two years earlier, the 111th Congress voted on major issues after the November 2010 elections had shifted partisan control of the incoming House of Representatives. On both occasions, echoing arguments made by legal scholars, members of the House of Representatives' Tea Party Caucus challenged the constitutionality of laws passed by the outgoing congresses. Such "lame-duck lawmaking" violates the Twentieth Amendment, they charged. These claims have become part of the partisan rhetoric. This article examines the text, history, intent, and meaning of the Amendment in light of arguments that its overriding intent, and perhaps enforceable duty, is to bar lame-duck Congresses from conducting regular business after the elections. The extensive history of congressional deliberation on the Amendment shows that the sponsors' principal goals were to advance the date for the installation of a new Congress and administration, abolish the old short session of Congress, and assure that a newly-elected Congress resolves disputed presidential elections. These purposes are captured in both the text of the Amendment and the original meaning of the arguments made by its supporters. The constitutional history, sponsors' intent, and original meaning for the Amendment do not in any way call into question the constitutionality of lame-duck lawmaking. The Twentieth Amendment is a clear, precisely worded, and virtually self-enforcing provision that substantially advances democratic norms of popular governance. Its sponsors apparently realized that there would be occasions such as in 2012 when a lame-duck congress could best address pressing issues. Although not noted in the article, the popular new movie Lincoln, which came out after the article and suggests that only a lame-duck congress could have passed the 13th Amendment abolishing slavery, illustrates the role of lame duck lawmaking in American history.


The United States was a young country in 1807 when proceedings began in Aaron Burr's treason trial. The former vice president sat accused of treason for allegedly conspiring to wage war against the United States. By all accounts, the trial was such a spectacle that the country had not seen anything like it before, even during the colonial period. Although newspapers at the time virtually ignored the courts, the Burr trial "captivated the American public's attention," and the newspapers happily obliged the public's interest. The news reports were so invasive and the editorials were so provocative that Burr alleged that the coverage prejudiced the jury against him. Acknowledging that some jurors might have formed opinions, Chief Justice John Marshall, serving as the trial judge, instructed the jury to remain open to the evidence and witness testimony. Despite the prejudicial media coverage, the jury acquitted Burr of treason.Since 1807, courts have occasionally witnessed high public interest in criminal trials. In the early 1920s, the newspapers and public carefully followed the Sacco and Vanzetti arrests and murder trial. The media coverage continued throughout the defendants' appeals and right up to their execution. Reporters even tracked down the original jurors from the trial - seven years after the guilty verdicts - to ask whether, in hindsight, they thought that the trial was fair. The intensity and pervasiveness of the media's trial coverage, however, took on a new character in the 1950s with the advent of television and the growth of broadcast news.The justice system witnessed one of the first modern media frenzies in the 1954 murder trial of Dr. Samuel Sheppard. The prosecution accused Dr. Sheppard, a "handsome, 30-year-old" doctor from an Ohio suburb, of brutally murdering his pregnant, thirty-one-year-old wife. The press's daily trial coverage included "[a]bout fifty reporters from newspapers, news services, radio and television networks, with perhaps twenty still and movie camera men...swarmed over the court house. Except [for] eight or ten seats in the last row, all places in the court room not occupied by participants and attendants [were] filled by the press. Not only were critics concerned about the fairness of the process to Dr. Sheppard, the trial also raised serious questions about the privacy of jurors because of the pervasive media coverage."During the years following the Sheppard trial and Dr. Sheppard's appeal to the Supreme Court of the United States in Sheppard v. Maxwell, the legal community recognized the need to address how the media covers high-profile trials and the negative influence excessive media coverage can have on the trial itself. Congress also embraced the idea of greater judicial discretion and control over criminal proceedings. As a result, district courts have relied on case law, statutes, and their inherent judicial authority to address intense media coverage, including withholding jurors' identities from the public by using anonymous juries. In contrast, because of the media's First Amendment right of access and the inherent benefits of public trials and media scrutiny, the Supreme Court has voiced concern over excessive judicial measures that close proceedings from the public eye. For these reasons, in 1986, the Supreme Court adopted the "experience and logic" test. The "experience and logic" test seeks a balance between too much and too little public access under the First Amendment by instructing courts when proceedings must be open or may be closed.Courts determine whether the "experience and logic" test weighs in favor of a First Amendment right of access by examining both the historical openness of the proceeding and the benefits and detriments of public access. If a First Amendment right attaches, then a presumption of openness applies. A court can close a proceeding and overcome this presumption only when detailed, case-specific findings reveal the necessity of closure. On the other hand, when the First Amendment does not attach, the courts need not overcome a constitutional burden to close the proceedings. Thus, courts have far greater discretion and control over the trial process when a First Amendment right does not attach because they do not need to overcome a constitutional presumption of openness.The "experience and logic" test and the stability it achieves have worked well, but the U.S. Court of Appeals for the Third Circuit upset the status quo in United States v. Wecht ( Wecht II). In Wecht II, the Third Circuit held that the media has a First Amendment right of access to the names and addresses of prospective jurors. Yet legal tradition and policy considerations weigh against the Third Circuit's holding under the "experience and logic" test.If Wecht II endures, district judges will lose a significant amount of discretion over the jury-selection process and will no longer control when or how the court releases prospective jurors' identities to the public in high-profile trials. Instead of using their inherent and statutory discretion, courts would first need to rebut a strong, constitutional presumption - rather than a common-law presumption - that the jurors' identities are publicly available. By making it more difficult for the district courts to exercise their discretion during jury selection, Wecht II ignores the history that led to the "experience and logic" test and the delicate policy balance that the Supreme Court and Congress achieved.This Comment contends that, under the "experience and logic" test, the First Amendment does not apply to prospective jurors' identities during jury selection. Therefore, the First Amendment does not require that courts disclose prospective jurors' identities to the public when the parties have not finished jury selection in a high-profile case that lacks safety concerns. Part II of this Comment introduces the concept of the anonymous jury and the source of the district judge's authority to empanel an anonymous jury. Part II also presents the constitutional issues raised by an anonymous jury and the current case law addressing those issues. Part III discusses the unprecedented decision in Wecht II, which creates a constitutional right to obtain the identities of prospective jurors. Part IV analyzes the ways in which the Wecht II court misapplied the "experience and logic" test. Part IV also evaluates the potential effects of Wecht II and how, if followed, it might substantially affect the balance achieved between media-access concerns and concerns for juror privacy and systemic integrity.


With increasing frequency, courts are mentioning party sophistication as relevant to whether a contract has been formed, whether a contract is enforceable, how the contract should be interpreted, and even, in some instances, the determination of an appropriate remedy. Sophisticated parties are held to a different set of rules, grounded in freedom of contract. It is presumed that a sophisticated party was aware of what to bargain for and read (or should have read) and understood (or should have understood) the terms of a written agreement. But, just what do courts mean when they call a contracting party "sophisticated"? "Sophistication" is a slippery word. Courts and scholars have not established instructive criteria, and often presume that parties to a commercial transaction are sophisticated. Widely cited and highly regarded works in the area of contract law have stated that their theories only apply to sophisticated parties, without a serious attempt to explain who falls into that category. Likewise, all too often, courts label parties "sophisticated" without any analysis. Part I of this Article positions the discussion in theoretical context, and describes the significance of party sophistication as a compromise between formalist and realist concerns. Part II collects examples of contexts in which courts have used party sophistication as a tool to organize the world of contracting parties and, with that, the applicable legal principles. For sophisticated parties, in answering a wide array of contracts questions, courts employ a formalist approach. Part III begins descriptively and addresses the general lack of meaningful assessment of party sophistication. Drawing upon review of hundreds of cases, Part III details the attributes common among parties that courts have deemed sophisticated, and begins to draw the contours of a standard for sophistication. Finally, Part IV presents the central normative claim of the Article: courts should undertake a more exacting, fact-driven approach in addressing party sophistication. Drawing upon the extensive review of case law, Part IV provides a definition of sophistication that assesses information and resource asymmetries among the contracting parties. The proposed standard assesses whether a party, relative to the other parties to the contract, has sufficient experience and access to information and resources that that person or entity understands or should understand the intricacies, risks and consequences of the transaction. This standard takes into account the theoretical underpinnings of applying the sophistication label: for knowledgeable and experienced parties dealing in familiar industries, private autonomy should prevail over normative concerns. However, where a party lacks relative knowledge and experience, normative concerns may outbalance the literalism and private autonomy championed by formalism. As it stands now, however, in the absence of a meaningful definition of sophistication, courts are not actually addressing the context of the deal. Rather, they are simply reciting well-worn cliches about "sophisticated parties dealing at arms' length."


This article explores the extent to which law constrains the exercise of presidential power, in both domestic and foreign affairs. Since the start of the twentieth century, the expansion of presidential power has been among the central features of American political development. Over the last decade, however, scholars across the political spectrum have argued that presidential powers have not just expanded dramatically, but that these powers are not effectively constrained by law. These scholars argue that law fails to limit presidential power not only in exceptional circumstances (times of crisis or emergency), but more generally; that unconstrained presidential power exists not just with respect to limited substantive arenas, such as foreign affairs or military matters, but across the board; and that statutes enacted by Congress, as well as the Constitution, fail to impose effective constraints. This article takes these claims on in empirical, theoretical, and cultural terms. Empirically, claims of legally unconstrained presidential power turn out to rest on thin evidence, rarely confront conflicting evidence; the empirical case is indeterminate and perhaps impossible Posner and Vermeule see presidents as Holmesians, not Hartians. Yet even if we enter their purely consequentialist world, in which presidents follow the law not out of any normative obligation or the more specific duty to faithfully execute the laws but only when the cost-benefit metric of compliance is more favorable than that of noncompliance, powerful reasons suggest that presidents will comply with law far more often than Posner and Vermeule imply. In the area of presidential studies, the Posner and Vermeule approach is particularly fresh. For many decades, legal scholarship on presidential power was confined to assessing how much formal legal power the President should be understood to have, as a matter of the original understanding at the time of the Constitution's adoption or subsequent legal and political practice. In other disciplines, scholarship on the presidency was heavily personality based — organized around studies of individual presidents, or case studies of particular episodes, or narrative accounts of how various presidents had, for example, used military force. But the greater emphasis in the social sciences in recent decades on institutional analysis has recently reached presidential studies, and an emerging series of works now seeks to analyze the presidency not through individual personalities but through the more systematic tools of empirical and theoretical analysis. Posner and Vermeule's book, in its effort to theorize systematically about the actual (rather than formal) scope of presidential power, should be seen in this light.


In The Great Brain Race, former U.S. News & World Report education editor Ben Wildavsky presents the first popular account of how international competition for the brightest minds is transforming the world of higher education--and why this revolution should be welcomed, not feared. Every year, nearly three million international students study outside of their home countries, a 40 percent increase since 1999. Newly created or expanded universities in China, India, and Saudi Arabia are competing with the likes of Harvard and Oxford for faculty, students, and research preeminence. Satellite campuses of Western universities are springing up from Abu Dhabi and Singapore to South Africa. Wildavsky shows that as international universities strive to become world-class, the new global education marketplace is providing more opportunities to more people than ever before. Drawing on extensive reporting in China, India, the United States, Europe, and the Middle East, Wildavsky chronicles the unprecedented international mobility of students and faculty, the rapid spread of branch campuses, the growth of for-profit universities, and the remarkable international expansion of college rankings. Some university and government officials see the rise of worldwide academic competition as a threat, going so far as to limit student mobility or thwart cross-border university expansion. But Wildavsky argues that this scholarly marketplace is creating a new global meritocracy, one in which the spread of knowledge benefits everyone--both educationally and economically. In a new preface, Wildavsky discusses some of the notable developments in global higher education since the book was first published.


In this Article, I trace the development of Abraham Lincoln's stance on judicial authority, and his eventual repudiation of judicial supremacy, from his first major speech addressing the Dred Scott decision in 1857, through the Lincoln-Douglas debates of 1858, the presidential campaign and "secession winter" of 1860, and, finally, during Lincoln's presidency, from his first inauguration in March 1861 to his assassination in April 1865. The moral of this story, I conclude, is one I have advanced in other writing: the President, and other nonjudicial political actors swearing an oath to the Constitution and acting within the spheres of their separate constitutional powers, are not constitutionally bound by erroneous decisions of the Supreme Court that they in good faith conclude are antithetical to the Constitution and harmful to the nation. One may reject this proposition -- nearly all constitutional scholars, judges, and elected officials today do -- but only by rejecting one of Lincoln's most important political and constitutional positions, fundamental to everything else he said and did as President. Lincoln's rejection both of Dred Scott specifically and more generally of judicial supremacy in constitutional interpretation was an essential part of the platform on which Lincoln rose to national prominence and was elected President. That stance, and Lincoln's election on such a platform, was featured among prominent Southerners' purported constitutional justifications for secession: the nation had just elected a lawless, anticonstitutional President who would invade the South's constitutional rights, as duly determined by the United States Supreme Court, with respect to slavery. The decision by Lincoln and the Union to fight secession thus depends, for its legitimacy, on a rejection of the Southern position on the legitimacy of Lincoln's constitutional views. The judicial supremacist stance accepted by most people today is the anti-Lincoln stance. It is the position of Lincoln's early political arch-adversary, Senator Stephen Douglas, in support of the binding authority of Dred Scott and of any subsequent decision of the Supreme Court extending slavery throughout the nation. And it is the position of Jefferson Davis and the South, in opposition to the constitutional legitimacy of a President and party elected on a platform of opposition to the controlling force of the Supreme Court's interpretations of the Constitution. In short, if the Douglas-Davis view is right -- that judicial decisions bind subsequent judicial actors, and all political actors -- then Lincoln was wrong in nearly everything he stood for. Indeed, Lincoln's election as President rested on fundamentally anticonstitutional premises. If judicial supremacists are correct, the South was not only within its rights in seceding, but did so for just constitutional cause -- rebelling against an administration and government premised on a grave breach of the Constitution.


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Statelessness exists in the United States, a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality as well as the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude the children of undocumented aliens. Contrary to common assumptions, proposed changes to U.S. citizenship law would exacerbate statelessness into the next generation when no fall-back nationality is available. Effective statelessness throughout the Western Hemisphere (documented in this paper) is currently an issue for the United States because of existing migration patterns. This paper also explains how the citizenship laws of other nations could produce statelessness at birth in the United States, if the US practice of territorial birthright citizenship is changed.


The design phase is the most important phase in determining the green performance of building projects. The performance of the design team is crucial. The growing importance of sustainability globally necessitates the inclusion of green criteria in the design team selection process. Therefore, a competent design teams is required to have a range of attributes as the basis for design decisions. The propose of this study to identify current green design performance level of design teams of building projects and establish key design attributes influencing green design performance. To achieve mentioned aim a questionnaire survey was conducted to collect dada required. A sample of 274 respondents has been covered under the study, including architects and engineers practicing design and consultancy building sectors. Prior to analysis of data WINSTEPS software were used to determine validity and reliability of date. Descriptive analysis data includes quantitative and qualitative. In general, design team attributes were moderate (3.32). The general design team attributes were high such experience (3.81), communication (3.43) and leadership effectiveness (3.48). However, green attributes of design team were moderate such as green knowledge (2.98), green skills (3.13) and green initiatives (2.84).The result indicates that most design teams have inadequate knowledge and skills to produce high green design performance of building projects. Therefore, to overcome green design complexity, careful selecting design team members and more education and training courses on green building are required to deal with green design requirements.


The following study examined differences in domains of achievement motivation based
on gender and developmental group. Participants included 129 males and females. The
developmental groups in this study consisted of preadolescents (9-12 years) and
adolescents (18-19 years). Participants were administered a demographics form and the
Achievement Motivation Profile (AMP: Friedland, Mandel, & Marcus, 1996). A 2 x 2
MANOVA was used to analyze differences in achievement motivation domains
(Achiever, Motivation, Competitiveness, and Goal Orientation) based on gender and
developmental group. It was hypothesized that males would score higher than females on
Competitiveness, while females would score higher than males on Achiever.
Additionally, it was expected that preadolescents would score higher on Motivation than
adolescents, and adolescents would score higher on Goal Orientation than preadolescents.
Results revealed a statistically significant difference between males and females on
Achiever, Goal Orientation and Motivation. There were no interaction effects (between
gender and developmental group) or main effects for developmental group observed.
Implications and directions for future research will be discussed in the paper.


Reinhard Heydrich is widely recognized as one of the great iconic villains of the twentieth century, an appalling figure even within the context of the Nazi leadership. Chief of the Nazi Criminal Police, the SS Security Service, and the Gestapo, ruthless overlord of Nazi-occupied Bohemia and Moravia, and leading planner of the "Final Solution," Heydrich played a central role in Hitler's Germany. He shouldered a major share of responsibility for some of the worst Nazi atrocities, and up to his assassination in Prague in 1942, he was widely seen as one of the most dangerous men in Nazi Germany. Yet Heydrich has received remarkably modest attention in the extensive literature of the Third Reich. Robert Gerwarth weaves together little-known stories of Heydrich's private life with his deeds as head of the Nazi Reich Security Main Office. Fully exploring Heydrich's progression from a privileged middle-class youth to a rapacious mass murderer, Gerwarth sheds new light on the complexity of Heydrich's adult character, his motivations, the incremental steps that led to unimaginable atrocities, and the consequences of his murderous efforts toward re-creating the entire ethnic makeup of Europe.


Whether the "call" to write a eulogy comes when we learn of our loved one's death or shortly after, it comes when we may not yet be able to mourn--let alone make a declaration. The death of a loved one may alienate us from the world and from the sense of self that rests on our daily living in the world and with others. It may "individualize us down to ourselves" by throwing us into a world utterly devoid of meaning and anchors. Paradoxically, from this "nothing," a call may usher forth demanding us to take a stand on our loved one's death and ultimately on our being here. Trying to avoid hearing this call when threatened by the nothingness and world-collapse that a loved one's death brings may be the most natural response. But what happens when we are asked to write a eulogy? Can we ignore the call or is it itself inextricably intertwined with our mourning and precisely that which begs to be expressed? This paper describes the experience of eulogizing a loved one as an encounter with the mortality of words, as listening to silence, and as addressing the deceased--without bathos or pathos.


"The purpose of this study is to provide a performer's guide and an analysis of Lyapunov's Op. 6 Preludes, thereby contributing to the achievement of a more informed performance, and enabling capable students and their teachers to become familiar with repertoire from the Russian romantic tradition that is brilliant, beautiful, and challenging in its pianistic requirements, yet accessible. Sergei Lyapunov's Seven Preludes Op. 6 offer a wide variety of pianistic and musical challenges that range from brilliant technical display to a brooding, melancholic character. The technical difficulty of these preludes makes them challenging for study and performance; therefore, an analysis of the pertinent musical elements for each prelude provides insight into performance. The preludes maintain a level of accessibility even though the writing is technically advanced. This is due to the logic found in the patterns utilized by Lyapunov, making the Op. 6 Preludes an attractive set. This study provides pianists with a structural view of each prelude in a table form, thereby supplying pianists with an additional means of memorization; it reveals relationships between sections and phrases, similarities and differences, highlights patterns of chord progressions, and provides a means for memorization away from the keyboard, thereby creating additional security in performance. It provides an awareness of increasing and decreasing textures, and examines improvisational treatments of and variations within phrases that include Lyapunov's use of adding fragments of motives through extensions at ends of phrases, his use of sequences, as well as his use of diminution in recurring motives. It provides pianists with information upon which to base their interpretation regarding dynamic shaping within phrases, focal points of phrases, and pacing; it underscores the numerous expressive elements found throughout Lyapunov's Op. 6, sheds light on the pianistic demands required in order to play them, both from technical and interpretational perspectives, and provides interested pianists with a description of these requirements. A discussion of each of the prelude's pianistic demands is included in order to aid in the preparation and/or study of these works with a focus on pertinent aspects of pianism and musicianship. Conclusions regarding performance implications are drawn directly from the analysis. This document presents pianists and other interested individuals with an analysis and performance guide for Sergei Lyapunov's Op. 6 Preludes, and re-introduces works worthy of study and performance. It examines musical elements in order to illuminate musical events. The analysis provides a starting place for pianists to create and convey their interpretation of these musical events during performance, with the added benefit of memory security that is a direct result of viewing and studying the music from multiple angles."--Abstract from author supplied metadata.


An approach for generating high-resolution a priori maximum parsimony Y-chromosome ("chrY") phylogenies based on SNP and small INDEL variant data from massively-parallel short-read ("next-generation") sequencing data is described; the tree-generation methodology produces annotations localizing mutations to individual branches of the tree, along with indications of mutation placement uncertainty in cases for which "no-calls" (through lack of mapped reads or otherwise) at particular site precludes a precise placement of the mutation. The approach leverages careful variant site filtering and a novel iterative reweighting procedure to generate high-accuracy trees while considering variants in regions of chrY that had previously been excluded from analyses based on short-read sequencing data. It is argued that the proposed approach is also superior to previous region-based filtering approaches in that it adapts to the quality of the underlying data and will automatically allow the scope of sites considered to expand as the underlying data quality improves (e.g. through longer read lengths). Key related issues, including calling of genotypes for the hemizygous chrY, reliability of variant results, read mismappings and "heterozygous" genotype calls, and the mutational stability of different variants are discussed and taken into account. The methodology is demonstrated through application to a dataset consisting of 1292 male samples from diverse populations and haplogroups, with the majority coming from low-coverage sequencing by the 1000 Genomes Project. Application of the tree-generation approach to these data produces a tree involving over 120,000 chrY variant sites (about 45,000 sites if "singletons" are excluded). The utility of this approach in refining the Y-chromosome phylogenetic tree is demonstrated by examining results for several haplogroups. The results indicate a number of new branches on the Y-chromosome phylogenetic tree, many of them subdividing known branches, but also including some that inform the presence of additional levels along the "trunk" of the tree. Finally, opportunities for extensions of this phylogenetic analysis approach to other types of genetic data are examined.


This report investigates the low temperature behavior of asphalt pavements based on experimental results obtained for three mixtures used in the construction of cells 33, 34, and 35 at Mn/ROAD facility as well as field information acquired over the years at Mn/ROAD. As a result of this research a new test method was developed to determine the low temperature fracture properties of asphalt mixtures based on tests performed on semi circular specimens tested in bending. This method can be used to select materials with better fracture resistance and therefore better performance in the field. Two models were developed to predict the low temperature cracking performance of asphalt pavements. The first model predicts the crack spacing in asphalt pavements exposed to low temperatures based on continuum mechanics and the frictional restraint provided by the aggregate base. The second model predicts the accumulation of damage and the propagation of the crack through the asphalt layer as temperature drops based on cohesive zone model.


Auditory hair cell defect is a major cause of hearing impairment, often leading to spiral ganglia neuron (SGN) degeneration. The cell loss that follows is irreversible in mammals, because inner ear hair cells (HCs) have a limited capacity to regenerate. Here, we report that in the adult brain of both rodents and humans, the ependymal layer of the lateral ventricle contains cells with proliferative potential, which share morphological and functional characteristics with HCs. In addition, putative neural stem cells (NSCs) from the subventricular zone of the lateral ventricle can differentiate into functional SGNs. Also important, the NSCs can incorporate into the sensory epithelia, demonstrating their therapeutic potential. We assert that NSCs and edendymal cells can undergo an epigenetic functional switch to assume functional characteristics of HCs and SGNs. This study suggests that the functional plasticity of renewable cells and conditions that promote functional reprogramming can be used for cell therapy in the auditory setting.


Following the ideas presented in Dahlhaus (2000) and Dahlhaus and Sahm (2000) for time series, we build a Whittle-type approximation of the Gaussian likelihood for locally stationary random fields. To achieve this goal, we extend a Szego-type formula, for the multidimensional and local stationary case and secondly we derived a set of matrix approximations using elements of the spectral theory of stochastic processes. The minimization of the Whittle likelihood leads to the so-called Whittle estimator \(\widehat{\theta}_{T}\). For the sake of simplicity we assume known mean (without loss of generality zero mean), and hence \(\widehat{\theta}_{T}\) estimates the parameter vector of the covariance matrix \(\Sigma_{\theta}\).

We investigate the asymptotic properties of the Whittle estimate, in particular uniform convergence of the likelihoods, and consistency and Gaussianity of the estimator. A main point is a detailed analysis of the asymptotic bias which is considerably more difficult for random fields than for time series. Furthemore, we prove in case of model misspecification that the minimum of our Whittle likelihood still converges, where the limit is the minimum of the Kullback-Leibler information divergence.

Finally, we evaluate the performance of the Whittle estimator through computational simulations and estimation of conditional autoregressive models, and a real data application.


A resurgence of interest in virtue ethics has spawned its counterpart in legal theory. But in both legal theory and in moral theory, virtue ethics' focus on the character of the moral agent (or the legal decision-maker) has been coupled with the view that the virtuous deliberator or decision-maker is also particularistic, striving to make the best all-things-considered decision for the particular matter at hand. The particularism of modern virtue ethics fits well with virtue ethics' Aristotelian roots, and also with the modern interest in particularism associated with philosophers such as Jonathan Dancy. But must virtue theory's focus on the agent's character necessarily be coupled with particularism? In this paper, a response to a paper by H.L. Ho, I question the almost universal conjunction of virtue ethics (and virtuous legal decision-making) with particularism, and suggest that virtue need not be particularistic, and that, in some contexts, virtue, and especially the virtue of humility about one's own decision-making capacities, may lie in non-particularism.


This volume demonstrates the power of the Markov random field (MRF) in vision, treating the MRF both as a tool for modeling image data and, utilizing recently developed algorithms, as a means of making inferences about images. These inferences concern underlying image and scene structure as well as solutions to such problems as image reconstruction, image segmentation, 3D vision, and object labeling. It offers key findings and state-of-the-art research on both algorithms and applications. After an introduction to the fundamental concepts used in MRFs, the book reviews some of the main algorithms for performing inference with MRFs; presents successful applications of MRFs, including segmentation, super-resolution, and image restoration, along with a comparison of various optimization methods; discusses advanced algorithmic topics; addresses limitations of the strong locality assumptions in the MRFs discussed in earlier chapters; and showcases applications that use MRFs in more complex ways, as components in bigger systems or with multiterm energy functions. The book will be an essential guide to current research on these powerful mathematical tools.


The present paper focuses on a low-speed computational investigation into the application of backward sweep for application on a typical low-pressure turbine rotor blade. A quasi-two-dimensional linear cascade using T106 profile, was investigated using flow solver Star-CCM+®. Three backward-swept tip modifications (axial sweep, tangential sweep, and a combination of both) have been applied to the baseline profile from 90%–100% span, the rest of the 90% of the blade remained straight and orthogonal to the cascade mainstream flow. The blade stacking axis near the tip was shifted away from the mainstream flow for all three sweep configurations at 15°, 30°, and 45° from the blade axis plane. The impact on pressure losses, tip blade loading, and reduction of tip leakage flow and associated vortices has been analyzed. As the leakage vortex increases in size, causing enhanced blockage to the passage flow, rotor work extraction capability decreases. The application of backward sweep to the blade tip increases the tip cross flow rate, but reduces the turbulent kinetic energy (TKE) across the tip gap. The reduction of TKE of the leakage flow, results in a smaller and less intense tip leakage vortex even though the cross flow rate increases. Minimizing the leakage vortex size and intensity reduces total pressure losses and thereby improves rotor efficiency.Copyright © 2013 by ASME