Civil Litigation Reform in the Trump Era: Threats and Opportunities Searching for Salvageable Ideas in FICALA

The Fairness in Class Action Litigation Act of 2017 (FICALA) was introduced in Congress less than three weeks after Donald Trump took office as President. Supported by the U.S. Chamber of Commerce and opposed by consumer advocates and civil rights groups, the bill passed the House of Representatives one month after its introduction on a party-line vote of 220 to 201, with 220 Republicans and zero Democrats voting in favor. FICALA stalled in the Senate and, as of this writing, does not appear to be moving toward passage in its current form. But reform ideas have a way of reappearing, particularly when driven by a constituency with much at stake and plenty of resources to push an agenda. Corporations that face mass litigation are a powerful voice for change, and class actions and multidistrict litigation are prime targets. Moreover, the quick vote in the House shows that there is at least some political appetite for the proposed reforms. In anticipation of the reincarnation of the bill in some form, it is worth exploring whether it contains any good ideas

Modeling software design diversity

Design diversity has been used for many years now as a means of achieving a degree of fault tolerance in software-based systems. Whilst there is clear evidence that the approach can be expected to deliver some increase in reliability compared with a single version, there is not agreement about the extent of this. More importantly, it remains difficult to evaluate exactly how reliable a particular diverse fault-tolerant system is. This difficulty arises because assumptions of independence of failures between different versions have been shown not to be tenable: assessment of the actual level of dependence present is therefore needed, and this is hard. In this tutorial we survey the modelling issues here, with an emphasis upon the impact these have upon the problem of assessing the reliability of fault tolerant systems. The intended audience is one of designers, assessors and project managers with only a basic knowledge of probabilities, as well as reliability experts without detailed knowledge of software, who seek an introduction to the probabilistic issues in decisions about design diversity

Fault tolerance via diversity for off-the-shelf products: A study with SQL database servers

If an off-the-shelf software product exhibits poor dependability due to design faults, then software fault tolerance is often the only way available to users and system integrators to alleviate the problem. Thanks to low acquisition costs, even using multiple versions of software in a parallel architecture, which is a scheme formerly reserved for few and highly critical applications, may become viable for many applications. We have studied the potential dependability gains from these solutions for off-the-shelf database servers. We based the study on the bug reports available for four off-the-shelf SQL servers plus later releases of two of them. We found that many of these faults cause systematic noncrash failures, which is a category ignored by most studies and standard implementations of fault tolerance for databases. Our observations suggest that diverse redundancy would be effective for tolerating design faults in this category of products. Only in very few cases would demands that triggered a bug in one server cause failures in another one, and there were no coincident failures in more than two of the servers. Use of different releases of the same product would also tolerate a significant fraction of the faults. We report our results and discuss their implications, the architectural options available for exploiting them, and the difficulties that they may present

Some Recent Developments in Federal and State Labor and Employment Law

SomeRecentDevelopmentsinFederal.pdf: 1006 downloads, before Oct. 1, 2020