The Federal Rules of Civil Settlement

The Federal Rules of Civil Procedure were originally based upon a straightforward model of adjudication: Resolve the merits of cases at trial and use pretrial procedures to facilitate accurate trial outcomes. Though appealing in principle, this model has little relevance today. As is now well known, the endpoint around which the Federal Rules were structured — trial — virtually never occurs. Today, the vast majority of civil cases terminate in settlement. This Article is the first to argue that the current litigation process needs a new regime of civil procedure for the world of settlement This Article begins by providing a systemic analysis of why the Federal Rules inadequately prevent settlement outcomes from being distorted relative to the underlying merits — as defined by reference to substantive law — of a given dispute. It then explains how the Federal Rules can actually amplify these distortions. Indeed, notwithstanding the well-worn adage that settlement occurs in the “shadow of the law,” scholars have shown that non-merits factors exert significant influence on settlement outcomes. However, these insights have not been considered together and combined with a systemic focus on the ways in which the influence of these factors on settlement outcomes is actually a product of the basic structural features of the Federal Rules. This Article takes these next steps to explain that the “shadow of the law” that is cast on settlements is fading. Further, this Article discusses a new phenomenon in the current litigation environment — namely, that litigants’ increased reliance on prior settlements as “precedent” for future settlement decisions may move settlement even further out of the “shadow of the law” and into the “shadow of settlement” itself. This Article then traces these problems to three foundational assumptions underlying the Federal Rules of Civil Procedure, all of which have become outmoded in a world of settlement. In rethinking these assumptions, it provides a new conceptual account that contextualizes previously isolated procedural reform proposals as challenges to these foundational assumptions. It also explains how these reform efforts ought to be refined and extended with a specific view toward systematically redesigning the basic model and operation of the Federal Rules for a world of settlement. Lastly, it sets forth new proposals that seek to reorient current rules expressly toward the goal of aligning settlement outcomes with the merits of underlying claims. What emerges is a new vision of procedure — one in which the application of pretrial procedural rules do not merely facilitate trial but are designed to provide litigants with guidance regarding the merits of claims and are used to align settlement outcomes more meaningfully with the dictates of the substantive law. In describing this vision, this Article lays the groundwork for the design of a new Federal Rules of Civil Settlement

GENERATION OF FORESTS ON TERRAIN WITH DYNAMIC LIGHTING AND SHADOWING

The purpose of this research project is to exhibit an efficient method of creating dynamic lighting and shadowing for the generation of forests on terrain. In this research project, I use textures which contain images of trees from a bird’s eye view in order to create a high scale forest. Furthermore, by manipulating the transparency and color of the textures according to the algorithmic calculations of light and shadow on terrain, I provide the functionality of dynamic lighting and shadowing. Finally, by analyzing the OpenGL pipeline, I design my code in order to allow efficient rendering of the forest

Scientific Argumentation as a Foundation for the Design of Inquiry-Based Science Instruction

Despite the attention that inquiry has received in science education research and policy, a coherent means for implementing inquiry in the classroom has been missing [1]. In recent research, scientific argumentation has received increasing attention for its role in science and in science education [2]. In this article, we propose that organizing a unit of instruction around building a scientific argument can bring inquiry practices together in the classroom in a coherent way. We outline a framework for argumentation, focusing on arguments that are central to science—arguments for the best explanation. We then use this framework as the basis for a set of design principles for developing a sequence of inquiry-based learning activities that support students in the construction of a scientific argument. We show that careful analysis of the argument that students are expected to build provides designers with a foundation for selecting resources and designing supports for scientific inquiry. Furthermore, we show that creating multiple opportunities for students to critique and refine their explanations through evidence-based argumentation fosters opportunities for critical thinking, while building science knowledge and knowledge of the nature of science

DeepSketch2Face: A Deep Learning Based Sketching System for 3D Face and Caricature Modeling

Face modeling has been paid much attention in the field of visual computing. There exist many scenarios, including cartoon characters, avatars for social media, 3D face caricatures as well as face-related art and design, where low-cost interactive face modeling is a popular approach especially among amateur users. In this paper, we propose a deep learning based sketching system for 3D face and caricature modeling. This system has a labor-efficient sketching interface, that allows the user to draw freehand imprecise yet expressive 2D lines representing the contours of facial features. A novel CNN based deep regression network is designed for inferring 3D face models from 2D sketches. Our network fuses both CNN and shape based features of the input sketch, and has two independent branches of fully connected layers generating independent subsets of coefficients for a bilinear face representation. Our system also supports gesture based interactions for users to further manipulate initial face models. Both user studies and numerical results indicate that our sketching system can help users create face models quickly and effectively. A significantly expanded face database with diverse identities, expressions and levels of exaggeration is constructed to promote further research and evaluation of face modeling techniques.Comment: 12 pages, 16 figures, to appear in SIGGRAPH 201

Conceptual design and analysis of a large antenna utilizing electrostatic membrane management

Conceptual designs and associated technologies for deployment 100 m class radiometer antennas were developed. An electrostatically suspended and controlled membrane mirror and the supporting structure are discussed. The integrated spacecraft including STS cargo bay stowage and development were analyzed. An antenna performance evaluation was performed as a measure of the quality of the membrane/spacecraft when used as a radiometer in the 1 GHz to 5 GHz region. Several related LSS structural dynamic models differing by their stiffness property (and therefore, lowest modal frequencies) are reported. Control system whose complexity varies inversely with increasing modal frequency regimes are also reported. Interactive computer-aided-design software is discussed

MOD-1 WTG dynamic analysis

An analysis of the MOD-1 2000 kW horizontal axis wind turbine was given. The MOD-1 design was briefly described, and the analysis used to evaluate the dynamic loads and structural interactions is discussed. The resonant frequency placement, the treatment of unsteady wind loading, and the dynamic load sensitivity to frequency shifts were reviewed for the design

Data-Driven Shape Analysis and Processing

Data-driven methods play an increasingly important role in discovering geometric, structural, and semantic relationships between 3D shapes in collections, and applying this analysis to support intelligent modeling, editing, and visualization of geometric data. In contrast to traditional approaches, a key feature of data-driven approaches is that they aggregate information from a collection of shapes to improve the analysis and processing of individual shapes. In addition, they are able to learn models that reason about properties and relationships of shapes without relying on hard-coded rules or explicitly programmed instructions. We provide an overview of the main concepts and components of these techniques, and discuss their application to shape classification, segmentation, matching, reconstruction, modeling and exploration, as well as scene analysis and synthesis, through reviewing the literature and relating the existing works with both qualitative and numerical comparisons. We conclude our report with ideas that can inspire future research in data-driven shape analysis and processing.Comment: 10 pages, 19 figure

Intellectual Property, Medicine and Health: Current debates

Johanna Gibson’ s “Intellectual Property, Medicine and Health: Current Debates” is an ambitious attempt to bridge the gap between IPR (largely patents) and the ethical, moral and philosophical issues which should influence global access to innovations in health. This intent is noteworthy and timely, as the complexities are important to address and there is an urgent need for clear-headed strategy. However, disappointingly, the book largely fails, as it is a rambling polemic that lacks focus, clarity and originality. Wading through the thicket of verbiage becomes so daunting that whatever message might be present is lost. The book also is flawed in its skewed interpretation of IP law and lack of forward vision. As such, it mostly stands as a rehashing of previous material, adding little in the way of new analyses or suggested strategic options