The Indians\u27 Chief Problem: Chief Wahoo as State Sponsored Discrimination and a Disparaging Mark

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob\u27s Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams\u27 actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the Chief Wahoo emblem may be legally challenged is by asserting it is a disparaging trademark and therefore invalidly registered. Trademark registration is governed by the Lanham Act which prohibits the registration of scandalous or disparaging marks. While many see the Cleveland Indians\u27 Chief Wahoo emblem as innocuous, a great many others see the mark as blatantly offensive. Given the number of people who find the Chief Wahoo mark offensive, hopefully the Cleveland Indians will change the mark themselves. If not, the action contemplated in this article might provide valid grounds for legal challenge

In Summary It Makes Sense: A Proposal to Substantially Expand the Role of Summary Judgment in Nonjury Cases

This Article seeks to allow judges to resolve factual disputes where the record is complete more often than judges currently do. The article proposes to distinguish between bench trial cases and jury trial cases. The argument is that in bench trial cases the judge is already going to be adjudicating both the legal and the factual aspects of the case, and if the record is complete, the judge should have the option of exercising summary judgment at an earlier time in the trial. The article notes that summary judgment cannot be used when the credibility of testimony is suspect but that summary judgment can still be used when there is further material evidence not yet discovered, since a motion for summary judgment can be stayed until the discovery process is complete. Judges can already make use of the process of summary judgment under the current law and federal regulations, and Guggenheim review circuit decisions to back up the idea that judges have this ability already

WMAP Haze: Directly Observing Dark Matter?

In this paper we show that dark matter in the form of dense matter/antimatter nuggets could provide a natural and unified explanation for several distinct bands of diffuse radiation from the core of the Galaxy spanning over 12 orders of magnitude in frequency. We fix all of the phenomenological properties of this model by matching to x-ray observations in the keV band, and then calculate the unambiguously predicted thermal emission in the microwave band, at frequencies smaller by 10 orders of magnitude. Remarkably, the intensity and spectrum of the emitted thermal radiation are consistent with--and could entirely explain--the so-called "WMAP haze": a diffuse microwave excess observed from the core of our Galaxy by the Wilkinson Microwave Anisotropy Probe (WMAP). This provides another strong constraint of our proposal, and a remarkable nontrivial validation. If correct, our proposal identifies the nature of the dark matter, explains baryogenesis, and provides a means to directly probe the matter distribution in our Galaxy by analyzing several different types of diffuse emissions.Comment: 16 pages, REVTeX4. Updated to correspond with published version: includes additional appendices discussing finite-size effect

Lattice QCD with open boundary conditions and twisted-mass reweighting

Lattice QCD simulations at small lattice spacings and quark masses close to their physical values are technically challenging. In particular, the simulations can get trapped in the topological charge sectors of field space or may run into instabilities triggered by accidental near-zero modes of the lattice Dirac operator. As already noted in ref. [1], the first problem is bypassed if open boundary conditions are imposed in the time direction, while the second can potentially be overcome through twisted-mass determinant reweighting [2]. In this paper, we show that twisted-mass reweighting works out as expected in QCD with open boundary conditions and 2+1 flavours of O(a) improved Wilson quarks. Further algorithmic improvements are tested as well and a few physical quantities are computed for illustration.Comment: Plain TeX source, 27 pages, 7 figure

The Jacobi matrices approach to Nevanlinna-Pick problems

A modification of the well-known step-by-step process for solving Nevanlinna-Pick problems in the class of \bR_0-functions gives rise to a linear pencil $H-\lambda J$, where $H$ and $J$ are Hermitian tridiagonal matrices. First, we show that $J$ is a positive operator. Then it is proved that the corresponding Nevanlinna-Pick problem has a unique solution iff the densely defined symmetric operator $J^{-1/2}HJ^{-1/2}$ is self-adjoint and some criteria for this operator to be self-adjoint are presented. Finally, by means of the operator technique, we obtain that multipoint diagonal Pad\'e approximants to a unique solution $\varphi$ of the Nevanlinna-Pick problem converge to $\varphi$ locally uniformly in \dC\setminus\dR. The proposed scheme extends the classical Jacobi matrix approach to moment problems and Pad\'e approximation for \bR_0-functions.Comment: 24 pages; Section 5 is modifed; some typos are correcte