Summary of Shuette v. Beazer Homes Holding Corp., 121 Nev. Adv. Op. 82

Beazer Homes constructed and sold 206 single-family residences between 1994 and 1999 on a 40-acre residential subdivision. In April 2000, three homeowners, individually, and as proposed class representatives, filed a complaint against Beazer Homes alleging constructional defects to their homes. The complaint alleged that their houses’ foundations and concrete slabs were damaged by expansive soils, a condition in which the soils beneath a house expand when exposed to water and contract when the soil dries. This condition can cause a house’s foundation and concreted slab to crack and separate. The plaintiffs also alleged over 30 additional constructional defects unrelated to the soils condition. Four months after the complaint was filed the first district court judge granted class certification without conducting a NRCP 23 analysis. Following considerable discovery, Beazer Homes sought decertification of the homeowners’ class action. Beazer Homes argued that certification was granted with respect to the common question of expansive soils, however, subsequent discovery demonstrated that a number of houses were not impacted by expansive soils and that individualized proof for the cause of expansive soils was required because of grading, landscaping, changes to drainage, lot slopes, grade preparation and retaining walls. The district court judge denied decertification. During trial, Beazer renewed its motion to decertify. Again, the district court judge denied the motion with no NRCP 23 analysis. A jury returned a verdict for the homeowners in the sum of $7,885,500. Thereafter, the homeowners sought attorney fees pursuant to NRS 40.655. Beazer Homes objected claiming that the subject of attorney’s fees should have been presented to the jury. The district court awarded attorney fees and prejudgment interest. The Supreme Court agreed with Beazer Homes and held that class action certification was inappropriate under NRCP 23. NRCP 23(a) and (b) specify the circumstances under which a case is appropriately designated and maintained as a class action. Under NRCP 23(a), plaintiffs seeking class action certification must satisfy four prerequisites: (1) numerosity, (2) commonality, (3) typicality, (4) adequacy.2 In addition to meeting NRCP 23(a), plaintiffs must meet one of the three conditions set forth in NRCP 23(b): (1) that separate litigation by individuals in the class would create a risk that the opposing party would be held to inconsistent standards of conduct or that nonparty members interests might be unfairly impacted by the other members’ individual litigation; (2) that the party opposing the class has acted or refused to act against the class in a manner making appropriate classwide injunctive or declaratory relief; or (3) that common questions of law or fact predominate over individual questions , and a class action is superior to other methods of adjudication. Here, the homeowners advanced their class action based upon the third condition of NRCP 23(b) The district court abused its discretion by not conducting a thorough NRCP 23 analysis. First, individualized proof of the cause and defenses to the expansive soils claims was necessary. Second, the district court allowed other claims to be adjudicated even though the class action certification only applied to the expansive soils issue. And third, the court failed to conduct a thorough NRCP 23 analysis even when it became apparent that class action certification was problematic. A thorough NRCP 23 analysis would have demonstrated that class action was inappropriate. Additionally, the Nevada Supreme Court held that claimants may recover attorney fees as an item of damages under NRS 40.655(1)(a). “Thus, any time that a case is tried by legal counsel and a jury determines that the claimant is entitled to recover damages proximately caused by a constructional defect, a court can presume that the claimant is entitled to the recovery of attorney fees, whether or not the jury verdict explicitly so states.”3 The method for determining the fees to be awarded is at the discretion of the court which is tempered by reason and fairness. However, the court must use the factors enumerated in Brunzel v. Golden Gate National Bank:4 the advocate’s professional qualities, the nature of the litigation, the work performed, and the result. Finally, the Supreme Court held that prejudgment interest was properly awarded on the entire verdict because the award represented only past damages. Prejudgment interest may not be awarded on an entire verdict where it is impossible to determine what part of the verdict represents past damages and what part represents future damages. Here, all the damages were past damages “because the damages occurred when the homes were built, regardless of when the homeowners actually made or will make necessary repairs.

Software Protection against Reverse Engineering Tools

Advances in technology have led to the use of simple to use automated debugging tools which can be extremely helpful in troubleshooting problems in code. However, a malicious attacker can use these same tools. Securely designing software and keeping it secure has become extremely difficult. These same easy to use debuggers can be used to bypass security built into software. While the detection of an altered executable file is possible, it is not as easy to prevent alteration in the first place. One way to prevent alteration is through code obfuscation or hiding the true function of software so as to make alteration difficult. This research executes blocks of code in parallel from within a hidden function to obscure functionality. This method is tested on six programs; a DOS version of the UNIX grep utility and five computational functions: Fast Fourier Transfer, Successive Over-Relaxation, Sparse matrix-multiply, Monte Carlo integration, and dense LU factorization. It tests the impact of using four, eight, and twelve parallel threads of execution to obscure functionality. The concept is effective, but is limited due to the cost associated with using threads. The computational functions make millions of calls to the hidden function. The average cost per thread for these five functions turns out to be 7.04906 x 10-6 seconds. The grep function does not make millions of calls and is therefore more feasible. Care must be taken to ensure the compiler does not remove parallel threads if optimization is used

Server-based and server-less BYOD solutions to support electronic learning

Over the past 10 years, bring your own device has become an emerging practice across the commercial landscape and has empowered employees to conduct work-related business from the comfort of their own phone, tablet, or other personal electronic device. Currently in the Department of Defense, and specifically the Department of the Navy, no viable solution exists for the delivery of eLearning content to a service member's personal device that satisfy existing policies. The purpose of this thesis is to explore two potential solutions: a server-based method and a server-less method, both of which would allow Marines and Sailors to access eLearning course material by way of their personal devices. This thesis will test the feasibility and functionality of our server-based and server-less solutions by implementing a basic proof of concept for each. The intent is to provide a baseline from which further research and development can be conducted, and to demonstrate how these solutions present a low-risk environment that preserves government network security while still serving as a professional military education force multiplier. Both solutions, while demonstrated with limited prototypes, have the potential to finally introduce bring your own device into the Department of the Navy's eLearning realm.http://archive.org/details/serverbasedndser1094549343Captain, United States Marine CorpsCaptain, United States Marine CorpsApproved for public release; distribution is unlimited

Public Sector Financial Management Reform (PSFMR) and International Accounting Standards (IPSASs)

The socioeconomic ambition of government and the dwindling nature of revenue sources coupled with financial/debt crisis across the globe raised serious concern among governments, especially the developing nations. Nigeria, just like other developing countries had been characterised with poor financial management system that paved way for mismanagement of resources and solidification of corrupt practices among government ministries, departments, and agencies’ officials that are frontline government institutions. The effect of government financial decisions has been felt badly by the citizens over decades as it is evident in the economic hardship and dilapidated public infrastructure and poor social welfare services. To address these myriad problems, government must seek reformation and restructuring of public financial management system to enable efficient and effective delivery of public services. In a bid to encourage the transformation agenda of the Nigerian government, this paper identified and discussed some of the ongoing public financial management reforms under the platform of IPSAS in achieving the reform objectives. In particular, the study largely adopted the qualitative research approach through careful review of literatures and guidelines. The study posits that implementation of IPSAS accrual accounting is a key reform strategy in improving the public sector financial management system. Implementation of accrual accounting will definitely result to higher transparency and improve the quality of public sector financial reports. Therefore, the study concludes that strong political commitment is a key driver for the reform

Interhemispheric inhibition projecting to the biceps brachii during arm cycling

Indirect evidence suggests that arm cycling, along with other types of human locomotion, is partially controlled by specialized groups of spinal interneurones known as central pattern generators (CPGs). Further, it is known that the brain is directly involved in the control of arm cycling, however its specific roles are not well understood. The overwhelming majority of information regarding the brain’s role in control of human motor output has come from isometric or tonic contraction, however it has been shown that the cortical input on locomotion differs from that of isometric contraction. It has been shown that inhibitory connections exist between homologous areas of the motor cortices (IHI), which have a direct influence on the motor control of isometric contraction. To date, no study has examined the existence of IHI during locomotion. Therefore, the purpose of this study was to explore the potential influence of IHI during locomotion, using arm cycling as a locomotor model

A Swedish-English Vocabulary for Foresters

This little volume is the result of the growing interest in Swedish forestry in English-speaking countries

Physiological stress in eastern black rhinoceros (Diceros bicornis michaeli) as influenced by their density, climatological variables and sexes

It is important to understand the physiological stressors in animals especially for threatened species or intensively managed to improve their conservation and optimise their reproduction. We sought to understand changes in stress hormones (faecal glucocorticoid metabolites) in black rhinoceros (Diceros bicornis michaeli) in relation to population density and sex (intrinsic factors) and plant minerals, rainfall and land surface temperature (extrinsic factors). We used non-invasive faecal sampling techniques on animals of known sex, age and dominance in seven populations of contrasting population densities over 1 year. We measured variability in faecal corticosterone metabolites through radioimmunoassay and related them to population density, sex and faecal calcium, phosphorus, copper, zinc and potassium as characteristic of plant minerals, rainfall and temperature. We used linear mixed models (LMM) to analyse the data. We did not detect a significant relationship between physiological stress parameters and population density. However, we have indications that stress levels increased as rainfall and temperature increased and were correlated negatively and positively with concentration of faecal phosphorus and copper respectively; we found higher stress levels in females than in males. These results suggest that both intrinsic and extrinsic factors explain the variation in physiological stress observed in black rhinoceros

We Try to Create the World That We Want : Intentional Communities Forging Livable Lives in St. Louis

This paper analyzes ethnographic research conducted in five intentional communities in the St. Louis region. Intentional communities have long been formed and entered into by people seeking to create more ideal, more livable lives. Our research focused on the demographic and socioeconomic characteristics of the members of the five communities, the motivations of members for joining, and the benefits and shortcomings they experience. In reporting these findings we summarize common themes that help us to better understand why people join intentional communities, how those communities work, and the values and goals that underpin conceptions of quality of life there. We also draw from our data a set of recommendations related to policy obstacles and opportunities that are present in municipalities like St. Louis that facilitate or obstruct the formation of intentional communities and their endeavors to create more livable lives