Wrong Line: Proposing a New Test for Discrimination Under the National Labor Relations Act

There has long been a consensus among scholars and union-side practitioners that the National Labor Relations Act (NLRA) is under-enforced. As a result, employers often treat violations of the NLRA as a cost of doing business rather than a serious violation of a federal statute. Calls for reform have historically tended to propose legislative amendments to the NLRA to constrain employer conduct and impose greater consequences for discrimination violations. However, little attention has been given to improving the flawed legal test by which such discrimination is analyzed, Wright Line, 251 N.L.R.B. 1083 (1980), enforced 662 F.2d 899 (1st Cir. 1981), cert. denied 455 U.S. 989 (1982). In this article, we propose a new causation test that better addresses how adjudicators should weigh the evidence that Congress and jurists have deemed relevant for evaluating discrimination claims. Our test lightens the initial burden to establish a showing of discrimination, formalizes the employer’s defense burden, and then provides a rebuttal burden for the discriminatee. This is no radical departure from historical precedent. Rather, we argue that the original Wright Line decision itself contained hints of our test, but that adjudicators and practitioners alike have whittled Wright Line to an oversimplified shell at best and an ambiguous, complex inquiry at worst. Our test better fulfills the NLRA’s objective of promoting collective bargaining in the private sector by encouraging a deeper inquiry in NLRA cases’ pre-litigation investigative stage

Insolubility Theorems and EPR Argument

I wish to thank in particular Arthur Fine for very perceptive comments on a previous draft of this paper. Many thanks also to Theo Nieuwenhuizen for inspiration, to Max Schlosshauer for correspondence, to two anonymous referees for shrewd observations, and to audiences at Aberdeen, Cagliari and Oxford (in particular to Harvey Brown, Elise Crull, Simon Saunders, Chris Timpson and David Wallace) for stimulating questions. This paper was written during my tenure of a Leverhulme Grant on ‘The Einstein Paradox’: The Debate on Nonlocality and Incompleteness in 1935 (Project Grant nr. F/00 152/AN), and it was revised for publication during my tenure of a Visiting Professorship in the Doctoral School of Philosophy and Epistemology, University of Cagliari (Contract nr. 268/21647).Peer reviewedPostprin

Predation on cephalopods by Pygoscelis papua and Arctocephalus gazelle at south Orkney Islands

The cephalopod diet of the gentoo penguin, Pygoscelis papua and the Ant− arctic fur seal, Arctocephalus gazella was comparatively analyzed at Laurie Island, South Orkney Islands. A total of 125 stomach samples were collected by the water off−loading method from gentoo penguins during the autumns of 1993, 1995 and 1996, and 39 fur seal scats were collected from mid March to April 1988. Cephalopods preyed upon by gentoo penguins were represented by 1974 beaks (1628 lower, 346 upper) which occurred in 50.4% of the samples. Lower beaks identified belonged exclusively to the squid Psychroteuthis glacialis. The mean lower rostral length (LRL) of these beaks was 1.1 mm (range 0.4– 1.8 mm). From the Antarctic fur seal scats 103 beaks (41 lower, 62 upper) were removed from 60.6% of scats which contained prey remains. The cephalopod species identified were Slosarczykovia circumantarctica and P. glacialis which constituted 78.8% and 21.1% in terms of numbers, respectively. The mean lower rostral length for S. circumantarctica was 2.7 mm (range 2.0–3.5 mm), while that of P. glacialis was 1.6 mm (range 1.0–2.5 mm). The foraging behaviour of the two top predators was analyzed and discussed according to the composition and size of their cephalopod prey

The cephalopod prey of the Weddell seal, Leptonychotes weddellii, a biological sampler of the Antarctic marine ecosystem

Weddell seals, Leptonychotes weddellii, are important apex predators in the food web of the Antarctic marine ecosystem. However, detailed information on their trophic relationships with cephalopods is scarce. Moreover, cephalopods play a key role in the marine environment, but knowledge of their feeding habits is limited by lack of data. Here, we have combined the use of this seal as a biological sampler together with measurements of the stable isotopic signature of the beaks of their cephalopod prey. Thus, the aims of the present study were: (1) to examine in detail the cephalopod portion of the diet of Weddell seals by means of scat analysis and (2) to assess the habitat use and trophic level of the different cephalopod prey taxa identified. From January to February 2009, a total of 48 faecal droppings were collected at Hope Bay, Antarctic Peninsula. Cephalopods were mainly represented by beaks (n = 83) which were identified to the lowest possible taxonomic level. Furthermore, subsamples of beaks were separated for further isotopic analysis. Relative abundance of stable isotopes of carbon (δ13C) and nitrogen (δ15N) was determined by continuous-flow isotope-ratio mass spectrometry. Cephalopods were represented uniquely by octopods of the subfamily Eledoninae. Pareledone turqueti was the dominant prey species followed by the papillated Pareledone species group and Adelieledone polymorpha. We conclude that Weddell seals preyed primarily on benthic prey resources. Furthermore, the relatively similar δ13C and δ15N values in beaks of the three octopod prey taxa suggest that these share the same type of habitat and occupy similar trophic level positions

The Measurement Process in Local Quantum Theory and the EPR Paradox

We describe in a qualitative way a possible picture of the Measurement Process in Quantum Mechanics, which takes into account: 1. the finite and non zero time duration T of the interaction between the observed system and the microscopic part of the measurement apparatus; 2. the finite space size R of that apparatus; 3. the fact that the macroscopic part of the measurement apparatus, having the role of amplifying the effect of that interaction to a macroscopic scale, is composed by a very large but finite number N of particles. The conventional picture of the measurement, as an instantaneous action turning a pure state into a mixture, arises only in the limit in which N and R tend to infinity, and T tends to 0. We sketch here a proposed scheme, which still ought to be made mathematically precise in order to analyse its implications and to test it in specific models, where we argue that in Quantum Field Theory this picture should apply to the unique time evolution expressing the dynamics of a given theory, and should comply with the Principle of Locality. We comment on the Einstein Podolski Rosen thought experiment (partly modifying the discussion on this point in an earlier version of this note), reformulated here only in terms of local observables (rather than global ones, as one particle or polarisation observables). The local picture of the measurement process helps to make it clear that there is no conflict with the Principle of Locality.Comment: 18 page

Family history of breast and ovarian cancer and triple negative subtype in hispanic/latina women.

Familial breast and ovarian cancer prevalence was assessed among 1150 women of Mexican descent enrolled in a case-only, binational breast cancer study. Logistic regression was conducted to compare odds of triple negative breast cancer (TNBC) to non-TNBC according to family history of breast and breast or ovarian cancer among 914 of these women. Prevalence of breast cancer family history in a first- and first- or second-degree relative was 13.1% and 24.1%, respectively; that for breast or ovarian cancer in a first-degree relative was 14.9%. After adjustment for age and country of residence, women with a first-degree relative with breast cancer were more likely to be diagnosed with TNBC than non-TNBC (OR=1.98; 95% CI, 1.26-3.11). The odds of TNBC compared to non-TNBC were 1.93 (95% CI, 1.26-2.97) for women with a first-degree relative with breast or ovarian cancer. There were non-significant stronger associations between family history and TNBC among women diagnosed at age <50 compared to ≥50 years for breast cancer in a first-degree relative (P-interaction = 0.14) and a first- or second-degree relative (P-interaction = 0.07). Findings suggest that familial breast cancers are associated with triple negative subtype, possibly related to BRCA mutations in Hispanic/Latina women, which are strongly associated with TNBC. Family history is an important tool to identify Hispanic/Latina women who may be at increased risk of TNBC, and could benefit from prevention and early detection strategies

Quantum measurement as driven phase transition: An exactly solvable model

A model of quantum measurement is proposed, which aims to describe statistical mechanical aspects of this phenomenon, starting from a purely Hamiltonian formulation. The macroscopic measurement apparatus is modeled as an ideal Bose gas, the order parameter of which, that is, the amplitude of the condensate, is the pointer variable. It is shown that properties of irreversibility and ergodicity breaking, which are inherent in the model apparatus, ensure the appearance of definite results of the measurement, and provide a dynamical realization of wave-function reduction or collapse. The measurement process takes place in two steps: First, the reduction of the state of the tested system occurs over a time of order $\hbar/(TN^{1/4})$, where $T$ is the temperature of the apparatus, and $N$ is the number of its degrees of freedom. This decoherence process is governed by the apparatus-system interaction. During the second step classical correlations are established between the apparatus and the tested system over the much longer time-scale of equilibration of the apparatus. The influence of the parameters of the model on non-ideality of the measurement is discussed. Schr\"{o}dinger kittens, EPR setups and information transfer are analyzed.Comment: 35 pages revte

The effects of related experiments

The effects of the experiment itself upon the obtained results and, especially, the influence of a large number of experiments are extensively discussed in the literature. We show that the important factor that stands at the basis of these effects is that the involved experiments are related and not independent and detached from each other. This relationship takes, as shown here, different forms for different situations and is found in entirely different physical regimes such as the quantum and classical ones.Comment: 27 pages, 6 figures, 1 table. One figure removed. Some former text has been rewritten in compact and clearer way. Also the title change

Fish prey of Weddell seals, <i>Leptonychotes weddellii</i>, at Hope Bay, Antarctic Peninsula, during the late summer

The study of the feeding habits of Weddell seals, Leptonychotes weddellii, in the area of west Antarctic Peninsula is essential to understand the role they play in the marine food webs, especially considering that this is one of the regions most affected by climate change. With the aim of detecting temporal changes in the fish predation pattern of seals, a total of 217 scats were collected at Hope Bay, during three consecutive summers (2003, 2004 and 2005). The family Nototheniidae comprised over 80% in numbers of fish preyed by seals. The Antarctic silverfish, Pleuragramma antarctica, was, by far, the most frequent and abundant prey species with a mean percentage frequency of occurrence of 48.7% and representing in average 52.1% in numbers of the fish consumed by seals. Other fish species of lesser importance were the nototheniids Trematomus newnesi, Lepidonotothen larseni, Gobionotothen gibberifrons and the channichthyid Chionodraco rastrospinosus. Temporal variation was observed not only in the relative proportions of the different fish prey taxa but also in the sizes of the dominant prey, P. antarctica. Given the high trophic vulnerability of this species to changes in abiotic factors and food web structure and dynamics, a possible influence of El Nino Southern Oscillation events of 2002–2003 and 2004–2005 should not be discarded. Moreover, special attention should be addressed to its population status, distribution and spatial/temporal availability as prey resource of upper trophic level consumers such as L. weddellii which largely depend on P. antarctica.Facultad de Ciencias Naturales y Muse

The influence of glacial cover on riverine silicon and iron exports in Chilean Patagonia

Glaciated environments have been highlighted as important sources of bioavailable nutrients, with inputs of glacial meltwater potentially influencing productivity in downstream ecosystems. However, it is currently unclear how riverine nutrient concentrations vary across a spectrum of glacial cover, making it challenging to accurately predict how terrestrial fluxes will change with continued glacial retreat. Using 40 rivers in Chilean Patagonia as a unique natural laboratory, we investigate how glacial cover affects riverine Si and Fe concentrations, and infer how exports of these bioessential nutrients may change in the future. Dissolved Si (as silicic acid) and soluble Fe (0.45 mu m) phases of both Si and Fe, which are not typically accounted for in terrestrial nutrient budgets but can dominate riverine exports. Dissolved Si and soluble Fe yield estimates showed no trend with glacial cover, suggesting no significant change in total exports with continued glacial retreat. However, yields of colloidal-nanoparticulate and reactive sediment-bound Si and Fe were an order of magnitude greater in highly glaciated catchments and showed significant positive correlations with glacial cover. As such, regional-scale exports of these phases are likely to decrease as glacial cover disappears across Chilean Patagonia, with potential implications for downstream ecosystems