The Direct Purchaser Requirement in Clayton Act Private Litigation: The Case of \u3ci\u3e Apple Inc. v. Pepper \u3c/i\u3e

More than fifty years after the Supreme Court’s decision in Hanover Shoe, Inc. v. United Shoe Machinery Corp. established the direct purchaser rule, the Supreme Court was provided with an opportunity in Apple Inc. v. Pepper to reevaluate and update the proximate cause standing requirement for litigation under § 4 of the Clayton Act. In the Supreme Court’s 5-4 decision, the majority opinion established a rule that consumers who purchase directly from a monopolist satisfy the direct purchaser standing requirement notwithstanding the internal business structure of the monopolist. This interpretation of the direct purchaser rule, along with the recent reformulation of the proximate cause standing doctrine in Lexmark International, Inc. v. Static Control Components, Inc., signals a more substantial change in the Supreme Court’s understanding of supply chains and competition that is more closely tailored to modern economic activity and electronic commerce

Power Consumption Analysis, Measurement, Management, and Issues:A State-of-the-Art Review of Smartphone Battery and Energy Usage

The advancement and popularity of smartphones have made it an essential and all-purpose device. But lack of advancement in battery technology has held back its optimum potential. Therefore, considering its scarcity, optimal use and efficient management of energy are crucial in a smartphone. For that, a fair understanding of a smartphone's energy consumption factors is necessary for both users and device manufacturers, along with other stakeholders in the smartphone ecosystem. It is important to assess how much of the device's energy is consumed by which components and under what circumstances. This paper provides a generalized, but detailed analysis of the power consumption causes (internal and external) of a smartphone and also offers suggestive measures to minimize the consumption for each factor. The main contribution of this paper is four comprehensive literature reviews on: 1) smartphone's power consumption assessment and estimation (including power consumption analysis and modelling); 2) power consumption management for smartphones (including energy-saving methods and techniques); 3) state-of-the-art of the research and commercial developments of smartphone batteries (including alternative power sources); and 4) mitigating the hazardous issues of smartphones' batteries (with a details explanation of the issues). The research works are further subcategorized based on different research and solution approaches. A good number of recent empirical research works are considered for this comprehensive review, and each of them is succinctly analysed and discussed

Games based learning

The aim of this thesis is to investigate whether it is possible for a teacher (as a non-game developer) to create educational computer games that could be considered fun‟ to play. The influences of game genre and graphical fidelity on this process are also investigated, along with the practicalities and barriers that constrain the (mainstream) use of computer games within the education system. A literature review was conducted into the motivations for using educational games, the educational and conventional approaches to games design, and finally the development frameworks/software tools available for the purposes of implementation. Building upon the literature review, a questionnaire based survey and a games design pilot were conducted in order to establish what constitutes educational games design „best practice‟. Based on the feedback/results obtained, a small number of educational games were developed (using the package "GameMaker") and piloted for use within the subsequent main study. The main study consisted of a series of educational game playing sessions (supported by questionnaires) aimed at addressing the thesis research questions. The results of the study (in combination with an additional literature review) suggest the following: It is possible for teachers (as non-game developers) to create „fun‟ educational computer games, although this may not always be the most practical or preferred approach. Low fidelity graphics do not negatively impact the successful use of computer games within an educational environment. Educational games can be used practically within the education system, but with constraints and barriers preventing their mainstream adoption, unless schools, government and educational game advocates work together towards a shared vision. Due to limitations within the study, the influence of genre on the use educational games remains unresolved. This thesis contributes new knowledge through the discovery that computer games do not require high fidelity graphics in order to be used successfully within an educational environment (at the primary school level), and addresses a gap within the current literature through the documentation of the author‟s „real world‟ experience of developing educational computer games (from a teacher‟s point of view)

Volume 36, Number 1, March 2016 OLAC Newsletter

Digitized March 2016 issue of the OLAC Newsletter

Semi-Annual Report to Congress for the Period of April 1, 2011 to September 30, 2011

[Excerpt] I am pleased to submit this Semiannual Report to Congress, which highlights the most significant activities and accomplishments of the U.S. Department of Labor (DOL), Office of Inspector General (OIG) for the six-month period ending September 30, 2011. During this reporting period, our investigative work led to 226 indictments, 172 convictions, and $50.9 million in monetary accomplishments. In addition, we issued 40 audit and other reports which, among other things, recommended that$677.1 million in funds be put to better use. OIG audits and investigations continue to assess the effectiveness, efficiency, economy, and integrity of DOL’s programs and operations. We also continue to investigate the influence of labor racketeering and/or organized crime with respect to internal union affairs, employee benefit plans, and labor-management relations. In the employment and training area, an OIG audit of Recovery Act funds spent on green jobs found that with 61 percent of the training grant periods having elapsed, grantees have achieved just 10 percent of their job placement goals. We recommended that the Employment and Training Administration (ETA) evaluate the program and obtain estimates of the need for the remaining $327 million of unspent grant funds. Another OIG audit found that ETA needs to better ensure that the Job Corps’ outreach and admissions service providers enroll only eligible students. If ETA’s recent and planned changes to the Job Corps’ student enrollment process are effectively implemented, then we estimate that nearly$165 million in funds could be put to better use by ensuring only eligible students are enrolled. Another audit estimated that up to $124 million in Workforce Investment Act funding was spent on training participants who did not obtain training-related employment, or information was insufficient to make the determination that training-related employment was obtained. An OIG investigation found a pattern of misconduct involving the Veterans’ Employment and Training Services (VETS) Assistant Secretary and two other senior VETS officials, which reflected a consistent disregard of Federal procurement rules and regulations. The Assistant Secretary and his Chief of Staff resigned following the issuance of our report. Our investigations continued to identify vulnerabilities and fraud in DOL programs. For example, an investigation resulted in two business owners being sentenced to more than three years in prison and ordered to forfeit$2.8 million as a result of their roles in an H-1B visa fraud conspiracy. Another investigation resulted in the owner of a medical practice group being sentenced to serve more than a year in prison and ordered to pay more than $2.5 million in restitution for fraudulent billings that were submitted to DOL’s Office of Workers’ Compensation Programs, Medicaid, Medicare, and private insurance companies. OIG investigations also continue to combat labor racketeering in the workplace. For example, one major investigation resulted in the sentencing of the former secretary-treasurer of the District Council of Carpenters to 11 years in prison and restitution of$5.7 million for receiving prohibited payments from contractors to allow the underpayment of contributions to the union-sponsored benefit plans, resulting in financial harm to union members. Another OIG investigation led to a former Plumbers Union worker being sentenced to three and one-half years in prison, among other things, after pleading guilty to charges of theft from an employee benefit plan and embezzlement of approximately $412,000 in union dues. The OIG remains committed to promoting the integrity, effectiveness, and efficiency of DOL. I would like to express my gratitude to the professional and dedicated OIG staff for their significant achievements during this reporting period. I look forward to continuing to work with the Department to ensure the integrity of programs and that the rights and benefits of worker and retirees are protected

read:write. Digital possibilities for literature

This report was commissioned by the literature department of Arts Council England (ACE) to gather an overview of how companies, organisations and individuals in the commercial and funded sectors are using Web 2.0 to market fiction, poetry and live literature; spot writing talent; guide readers and potential readers; create, share and review writing. In particular the authors were asked to look at: what opportunities digitisation offers to writers, publishers and other literature organisations how funded organisations can achieve greater sustainability/self-sufficiency or lower costs by making use of technology how organisations can develop audiences and increase participation through use of digital media. The report was commissioned at a formative stage of ACE\u27s digital strategy development, so the research was conducted as an iterative process. The bulk of the research was conducted through interviews and desk research, informed by the experience and expertise of Institute personnel. Interviews informed the desk research and vice versa, and the direction and emphasis of the report evolved in a series of meetings with ACE personnel. The core of this report lies in the case studies. After an initial period of Web research and informal discussion with key individuals in the sector, the authors developed a baseline questionnaire covering key areas. These included technology, site maintenance, resourcing and future hopes and needs. Though each organisation interviewed had different needs and priorities, and the interview was adapted accordingly in each case, we used this baseline to identify themes that persisted across different areas. In addition to the interviews, the authors conducted extensive Web-based research covering both UK and international literature organisations. This formed the basis of subsector overviews that combine with the case studies