Revisiting ERISA Preemption in Gobeille v. Liberty Mutual

Under the U.S. Constitution’s Supremacy Clause, federal law preempts state law. In 1974 Congress passed the Employee Retirement Income Security Act (ERISA) governing benefits offered by employers to their employees. The purpose of this statute was ensuring the uniformity of the law applicable to employee benefts. The Supreme Court case of Gobeille v. Liberty Mutual concerns the limits of ERISA’s preemption of state law, specifically whether a state law governing employee benefits is merely peripheral to the core ERISA functions. This Commentary argues that ERISA does not preempt a state law which does not interfere with the administration of ERISA plans and which facilitates better, more affordable heath care options to the public

A modified Fresnel scattering model for the parameterization of Fresnel returns, part 2.3A

A modified Fresnel scatter model is presented and the revised model is compared with observations from the Poker Flat, Alaska, radar, the SOUSY radar and the Jimcamarca radar. The modifications to the original model have been made to better account for the pulse width dependence and height dependence of backscattered power observed at vertical incidence at lower VHF. Vertical profiles of backscattered power calculated using the revised model and routine radiosonde data show good agreement with observed backscattered power profiles. Relative comparisons of backscattered power using climatological data for the model agree fairly well with observed backscattered power profiles from Poker Flat, Jicamarca, and SOUSY

Archival of Poker Flat MST radar data

The Poker Flat MST (mesosphere stratosphere troposphere) radar has operated from early 1979 to 1985. The data recorded during that time resides on some 1100 magnetic tapes. A second set containing only the derived parameters of velocity, width and signal to noise of the primary echo at each height, plus the noise spectra, occupies another 250 tapes. While processing to generate the compressed data set does correct some known errors, no attempt has been made to identify or remove spurious echoes. Because the Poker Flat data set is such a unique and valuable resource, a proposal is made to archive the data in forms more useful for analysis. The archived data set would contain only the parameters for significant echoes with contamination from airplanes, unwanted ionospheric returns, frequently aliased Doppler signals and other sources removed. The archived set should be as good or better than the example shown and may occupy only 25 to 50 tapes

Vascular access-specific health-related quality of life impacts among hemodialysis patients: qualitative development of the hemodialysis access-related quality of life (HARQ) instrument.

BackgroundEnd stage kidney disease and hemodialysis dependence are associated with impairments in health-related quality of life (HRQOL), which may be related to vascular access (VA). Few HRQOL measures are VA-specific and none differentiate HRQOL impact by VA type. We developed a VA-targeted HRQOL measure to distinguish the impact of fistulas, grafts and catheters.MethodsWe created an initial item pool based on literature review and then conducted focus groups at 4 US sites with 37 adults and interviews with nine dialysis clinicians about VA's impact on HRQOL. We then drafted the Hemodialysis Access-Related Quality of Life (HARQ) measure and cognitively tested it with 17 hemodialysis patients. Focus group and cognitive interview participants were diverse in age, gender, years on dialysis, and VA.ResultsWe identified six domains for the HARQ: symptoms, physical functioning, emotional impacts, social and role functioning, sleep, and care-related burdens. Cognitive interviews indicated that items were easily understood and supported content validity. Attributing HRQOL impact to VA as opposed to other hemodialysis burden was challenging for some items. Some items were dropped that were considered redundant by patients, limitations while dressing was added, and reference to VA-specific impact was included for each item. The average Flesch-Kincaid reading grade level for the revised 47-item HARQ was 5.3.ConclusionsThe HARQ features VA-specific content not addressed in other HRQOL measures, making it ideal for comparisons of different VA types and new VA technologies. The psychometric properties of the HARQ will be evaluated in future research

Enabling Entry Technologies for Ice Giant Missions

The highest priority science goals for Ice Giant missions are: 1) Interior structure of the Planet, and 2) Bulk composition that includes isotopes and noble gases. The interaction between the planetary interior and the atmosphere requires sustained global measurements. Noble gas and Isotope measurements require in situ measurement. Drag modulated aerocapture utilizing ADEPT offers more mass delivered to the Ice Giants than with propulsive orbit insertion. The Galileo Probe entered at a hot spot which created interpretation challenges. Juno is providing valuable orbital measurements, but without in situ measurements the story is incomplete. Planetary scientists interested in Ice Giant missions should perform mission design studies with these new Entry System technologies to assess the feasibility within the context of the international collaboration framework. A mission architecture that includes probe(s) along with an orbiting spacecraft can deploy the probes at the desired location while taking simultaneous measurements from orbit to provide invaluable data that can correlate both global and local measurements. Entry System Technologies currently being developed by NASA are poised to enable missions that position the Orbiter & Probes through drag modulated aerocapture (ADEPT), and HEEET enables the Probes to survive the extreme environments encountered for entry into the atmospheric interior

Orbit transfer rocket engine integrated control and health monitoring system technology readiness assessment

The objectives of this task were to: (1) estimate the technology readiness of an integrated control and health monitoring (ICHM) system for the Aerojet 7500 lbF Orbit Transfer Vehicle engine preliminary design assuming space based operations; and (2) estimate the remaining cost to advance this technology to a NASA defined 'readiness level 6' by 1996 wherein the technology has been demonstrated with a system validation model in a simulated environment. The work was accomplished through the conduct of four subtasks. In subtask 1 the minimally required functions for the control and monitoring system was specified. The elements required to perform these functions were specified in Subtask 2. In Subtask 3, the technology readiness level of each element was assessed. Finally, in Subtask 4, the development cost and schedule requirements were estimated for bringing each element to 'readiness level 6'

Statistical geometry in scalar turbulence

A general link between geometry and intermittency in passive scalar turbulence is established. Intermittency is qualitatively traced back to events where tracer particles stay for anomalousy long times in degenerate geometries characterized by strong clustering. The quantitative counterpart is the existence of special functions of particle configurations which are statistically invariant under the flow. These are the statistical integrals of motion controlling the scalar statistics at small scales and responsible for the breaking of scale invariance associated to intermittency.Comment: 4 pages, 5 figure

Area-preserving dynamics of a long slender finger by curvature: a test case for the globally conserved phase ordering

A long and slender finger can serve as a simple ``test bed'' for different phase ordering models. In this work, the globally-conserved, interface-controlled dynamics of a long finger is investigated, analytically and numerically, in two dimensions. An important limit is considered when the finger dynamics are reducible to the area-preserving motion by curvature. A free boundary problem for the finger shape is formulated. An asymptotic perturbation theory is developed that uses the finger aspect ratio as a small parameter. The leading-order approximation is a modification of ``the Mullins finger" (a well-known analytic solution) which width is allowed to slowly vary with time. This time dependence is described, in the leading order, by an exponential law with the characteristic time proportional to the (constant) finger area. The subleading terms of the asymptotic theory are also calculated. Finally, the finger dynamics is investigated numerically, employing the Ginzburg-Landau equation with a global conservation law. The theory is in a very good agreement with the numerical solution.Comment: 8 pages, 4 figures, Latex; corrected typo

Degenerate dispersive equations arising in the study of magma dynamics

An outstanding problem in Earth science is understanding the method of transport of magma in the Earth's mantle. Models for this process, transport in a viscously deformable porous media, give rise to scalar degenerate, dispersive, nonlinear wave equations. We establish a general local well-posedness for a physical class of data (roughly $H^1$) via fixed point methods. The strategy requires positive lower bounds on the solution. This is extended to global existence for a subset of possible nonlinearities by making use of certain conservation laws associated with the equations. Furthermore, we construct a Lyapunov energy functional, which is locally convex about the uniform state, and prove (global in time) nonlinear dynamic stability of the uniform state for any choice of nonlinearity. We compare the dynamics to that of other problems and discuss open questions concerning a larger range of nonlinearities, for which we conjecture global existence.Comment: 27 Pages, 7 figures are not present in this version. See http://www.columbia.edu/~grs2103/ for a PDF with figures. Submitted to Nonlinearit

Ontogeny of synaptophysin and synaptoporin in the central nervous system

The expression of the synaptic vesicle antigens synaptophysin (SY) and synaptoporin (SO) was studied in the rat striatum, which contains a nearly homogeneous population of GABAergic neurons. In situ hybridization revealed high levels of SY transcripts in the striatal anlage from embryonic day (E) 14 until birth. In contrast. SO hybridization signals were low, and no immunoreactive cell bodies were detected at these stages of development. At E 14, SY-immunoreactivity was restricted to perikarya. In later prenatal stages of development SY-immunoreactivity appeared in puncta (identified as terminals containing immunostained synaptic vesicles), fibers, thick fiber bundles and ‘patches’. In postnatal and adult animals, perikarya of striatal neurons exhibited immunoreaction for SO; ultrastructurally SO antigen was found in the Golgi apparatus and in multivesicular bodies. SO-positive boutons were rare in the striatum. In the neuropil, numerous presynaptic terminals positive for SY were observed. Our data indicate that the expression of synaptic vesicle proteins in GABAergic neurons of the striatum is developmentally regulated. Whereas SY is prevalent during embryonic development, SO is the major synaptic vesicle antigen expressed postnatally by striatal neurons which project to the globus pallidus and the substantia nigra. In contrast synapses of striatal afferents (predominantly from cortex, thalamus and substantia nigra) contain SY