Bargaining with Bite: Missouri High Court\u27s Constitutional Holdings Alter Public Sector Labor Law

Collective bargaining – negotiations over working conditions between an employer and representatives of their employees – appeared as early as 1891 as labor unions arose in response to the Industrial Revolution. Collective bargaining in private industry was recognized in 1935 by the National Labor Relations Act but was considered prohibited in the public sector. In 1945, the state of Missouri ratified its constitution, which included article 1, section 29, a provision protecting employee collective bargaining rights. That provision, however, was quickly interpreted by courts as applying only to private employees, and thus, public employees had little power to negotiate employment terms. In the 1960s the Missouri legislature passed a number of public sector labor laws that established a very limited collective bargaining framework applicable to most government employees. This area of Missouri law remained relatively untouched until 2007 when, in Independence National Education Ass’n v. Independence School District, the Supreme Court of Missouri reinterpreted article 1, section 29 as applying to all Missouri employees. The holding was a decisive victory for teachers and law enforcement (who are statutorily excluded from the public sector labor laws) but left many questions as to what the holding would mean. Then in 2012, the Court again interpreted article 1, section 29 in a pair of cases handed down on the same day: Eastern Missouri Coalition of Police v. City of Chesterfield and American Federation of Teachers v. Ledbetter. The decisions considered the scope of article 1, section 29, specifically whether the constitutional right of public employees to collectively bargain imposed a corresponding affirmative duty on public employers to collectively bargain with their employees. The Court held that such a duty is inherent in article 1, section 29 – public employers must bargain with employee unions and must do so in good faith with an eye toward reaching an agreement. This Note examines the evolution of collective bargaining rights in Missouri and discusses the import of these 2012 holdings

Subobject Detection through Spatial Relationships on Mobile Phones

We present a novel image classification technique for detecting multiple objects (called subobjects) in a single image. In addition to image classifiers, we apply spatial relationships among the subobjects to verify and to predict locations of detected and undetected subobjects, respectively. By continuously refining the spatial relationships throughout the detection process, even locations of completely occluded exhibits can be determined. Finally, all detected subobjects are labeled and the user can select the object of interest for retrieving corresponding multimedia information. This approach is applied in the context of PhoneGuide, an adaptive museum guidance system for camera-equipped mobile phones. We show that the recognition of subobjects using spatial relationships is up to 68% faster than related approaches without spatial relationships. Results of a field experiment in a local museum illustrate that unexperienced users reach an average recognition rate for subobjects of 85.6% under realistic conditions

CVaR minimization by the SRA algorithm

Using the risk measure CV aR in �nancial analysis has become more and more popular recently. In this paper we apply CV aR for portfolio optimization. The problem is formulated as a two-stage stochastic programming model, and the SRA algorithm, a recently developed heuristic algorithm, is applied for minimizing CV aR

3DFeat-Net: Weakly Supervised Local 3D Features for Point Cloud Registration

In this paper, we propose the 3DFeat-Net which learns both 3D feature detector and descriptor for point cloud matching using weak supervision. Unlike many existing works, we do not require manual annotation of matching point clusters. Instead, we leverage on alignment and attention mechanisms to learn feature correspondences from GPS/INS tagged 3D point clouds without explicitly specifying them. We create training and benchmark outdoor Lidar datasets, and experiments show that 3DFeat-Net obtains state-of-the-art performance on these gravity-aligned datasets.Comment: 17 pages, 6 figures. Accepted in ECCV 201

Scaling in Plasticity-Induced Cell-Boundary Microstructure: Fragmentation and Rotational Diffusion

We develop a simple computational model for cell boundary evolution in plastic deformation. We study the cell boundary size distribution and cell boundary misorientation distribution that experimentally have been found to have scaling forms that are largely material independent. The cell division acts as a source term in the misorientation distribution which significantly alters the scaling form, giving it a linear slope at small misorientation angles as observed in the experiments. We compare the results of our simulation to two closely related exactly solvable models which exhibit scaling behavior at late times: (i) fragmentation theory and (ii) a random walk in rotation space with a source term. We find that the scaling exponents in our simulation agree with those of the theories, and that the scaling collapses obey the same equations, but that the shape of the scaling functions depend upon the methods used to measure sizes and to weight averages and histograms

Brief for American Association on Mental Retardation, The Arc of the United States, the Judge David L. Bazelon Center for Mental Health Law, The Arc of Georgia, and the Georgia Advocacy Office, Stripling v. Head

Pursuant to Rule 37.2(b) of the Rules of this Court, The Arc of the United States, el al., move the Court for leave to file a Brief Amici Curiae in support of the petition in the above-entitled case. Counsel for Petitioner has granted his consent to the filing of this brief. Counsel for Respondent, however, has notified counsel for amici that Respondent does not consent. Amici include national and state professional and voluntary associations concerned with criminA1 proceedings affecting people with mental disabilities. Amici thus have expertise concerning criminal defendants with mental disabilities and the impediments to fair judicial processes which will result if those defendants are required to prove their mental retardation beyond a reasonable doubt. Amici wish to offer the Court relevant information on the historical development of the beyond a reasonable doubt standard, and why it cannot be applied to a defendant\u27s effort to invoke the constitutional protection of Atkins v. Virginia, 536 U.S. 304 (2002). Amici also wish to present information on contemporary practices and standards when the State imposes a burden of persuasion on defendants with mental retardation who may face execution. Amici believe that the Georgia statute, providing that crimi1:!a1 defendants must prove their mental retardation beyond a reasonable doubt to invoke the protections of Atkins, impermissibly obstructs the fair adjudication of such constitutional claims. For the above-stated reasons, we respectfully urge the Court to grant this motion for leave to file the accompanying brief in the present case in support of the petition for certiorari