5,118 research outputs found
Recent Developments: Shapiro v. Shapiro: Marital Settlement Agreements Containing Preconditions for Modification May Not Be Judicially Modified Absent Those Circumstances
Recent Developments: Hudson v. United States: Imposition of Civil and Criminal Penalties Not an Automatic Violation of the Double Jeopardy Clause
No Public Benefits for \u3cem\u3ePublic Benefit\u3c/em\u3e: The Eleventh Circuit\u27s Narrow Approach to Copyright Registration
In the 2017 case Fourth Estate Public Benefit Corporation v. Wall-Street.com, the United States Court of Appeals for the Eleventh Circuit held that before a plaintiff can bring a claim for copyright infringement under the 1976 Copyright Act, the United States Copyright Office (“Copyright Office”) must officially review the work submitted for registration, and the Register of Copyrights (“the Register”) must accept or refuse to register it. This ruling echoed the United States Court of Appeals for the Tenth Circuit’s similar finding in 2005 in La Resolana Architects, PA, v. Clay Realtors. In contrast, in 2004 and 2010, the United States Courts of Appeals for the Fifth and Ninth Circuits, respectively, held that a plaintiff may commence suit upon filing an application for copyright with the Copyright Office and is not required to wait for approval or refusal from the Register. This Comment argues that the Eleventh Circuit is incorrect in its interpretation of the 1976 Copyright Act. The Tenth and Eleventh Circuits found, incorrectly, that the statute contained plain language that unambiguously supported a complete registration approach. Further, this Comment argues that the statute upon which these holdings rely is ambiguous, and where the absence of plain, unambiguous language supports either approach, public policy and congressional intent are best served by a pro-application approach
Recent Developments: Hudson v. United States: Imposition of Civil and Criminal Penalties Not an Automatic Violation of the Double Jeopardy Clause
Recent Developments: Shapiro v. Shapiro: Marital Settlement Agreements Containing Preconditions for Modification May Not Be Judicially Modified Absent Those Circumstances
Quantitying the Effects of Traffic Calming on Emissions Using on-road Measurement
The objective of this work was to determine the effect of
one form of traffic calming on emissions. Traffic calming
is aimed at reducing average vehicle speeds, especially
in residential neighborhoods, often using physical road
obstructions such as speed bumps, but it also results in
a higher number of acceleration/deceleration events
which in turn yield higher emissions. Testing was
undertaken by driving a warmed-up Euro-1 spark ignition
passenger car over a set of speed bumps on a level
road, and then comparing the emissions output to a noncalmed
level road negotiated smoothly at a similar
average speed. For the emissions measurements, a
novel method was utilized, whereby the vehicle was
fitted with a portable Fourier Transform Infrared (FTIR)
spectrometer, capable of measuring up to 51 different
components in real-time on the road. The results
showed that increases in emissions were much greater
than was previously reported by other researchers using
different techniques. When traffic-calmed results were
compared to a smooth non-calmed road, there were
substantial increases in CO2 (90%), CO (117%), NOx
(195%) and THC (148%). These results form the basis
for a good argument against traffic calming using speed
bumps, especially for aggressive drivers. Slowing traffic
down with speed restrictions enforced by speed
cameras is a more environmentally friendly option
Evaluation of a FTIR Emission Measurement System for Legislated Emissions Using a SI Car
A series of chassis dynamometer test trials were
conducted to assess the performance of a Fourier
Transform Infra Red (FTIR) system developed for
on-road vehicle exhaust emissions measurements.
Trials used a EURO 1 emission compliant SI passenger
car which, alongside the FTIR, was instrumented to
allow the routine logging of engine speed, road speed,
throttle position, air-fuel ratio, air flow and fuel flow in
addition to engine, exhaust and catalyst temperatures.
The chassis dynamometer facility incorporated an
‘industry standard’ measurement system comprising
MEXA7400 gas analyzer and CVS bag sampling which
was the ‘benchmark’ for the evaluation of FTIR
legislated gas-phase emissions (CO, NOx, THC and
CO2) measurements.
Initial steady state measurements demonstrated strong
correlations for CO, NOx and THC (R2 of 0.99, 0.97
0.99, respectively) and a good correlation for CO2 (R2 =
0.92). Subsequent transient and total mass emissions
measurements from replicate samplings of four different
driving cycles (two standard cycles, FTP75 and NEDC,
and two novel cycles based on real-world data collected
in Leeds) also show good response of FTIR and
satisfied agreement between the FTIR and CVS bag
sampling measurements.
In general, the trial results demonstrate that the
on-board FTIR emission measurement system provides
reliable in-journey emissions data
Value of toe pulse waves in addition to systolic pressures in the assessment of the severity of peripheral arterial disease and critical limb ischemia
AbstractPurpose: Although pressure measurements are useful in the assessment of the severity of the arterial obstruction, they do not completely identify limbs with and without critical limb ischemia. Our objective was to test whether addition of the measurements of toe pulse waves (PW), which depend on distal perfusion, to pressure measurements could improve the determination of the severity of arterial disease and the presence of critical limb ischemia.Methods: We measured toe pressure (TSP) and ankle/brachial index (ABI) and recorded PW with photoplethysmography in 358 limbs of 182 patients.Results: TSP, ABI, and PW amplitude were lower in 67 limbs with rest pain, skin lesions, or both, with mean differences of 29 mm Hg, 0.12, and 16 mm, respectively ( p < 0.01). Similarly, in the subgroup of 107 limbs with TSP ≤30 mm Hg, TSP, and PW amplitude, but not ABI, were lower in 53 limbs with rest pain, skin lesions, or both, with mean differences of 10 mm Hg and 7 mm ( p < 0.01). Multiple logistic regression showed that after controlling was done for TSP and ABI, the odds ratio for the presence of rest pain, skin lesions, or both associated with PW amplitude ≤4 mm was 4.3 (95% confidence interval 1.7, 11.0; p < 0.01). In the subgroup with TSP ≤30 mm Hg, this odds ratio was 3.5 (95% confidence interval 1.0, 11.6; p < 0.05).Conclusions: The findings indicate that addition of PW recording to pressure measurements is likely to increase the accuracy of assessment for critical limb ischemia. (J Vasc Surg 1996;24:258-65.
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