Sacrificing Settlement Agreements in the Name of Mediation Confidentiality: The California Supreme Court\u27s Narrow Holding Has Harsh Consequence

Confidentiality is regarded as one of the primary benefits of mediation. For parties who wish to avoid the public eye, mediation is often preferable to court. However, when parties reach some form of a settlement agreement during mediation, and subsequently disagree as to the terms of that agreement, the parties may find themselves in court. In court, the issue of whether the settlement agreement is admissible arises. In Fair v. Bakhtiari, the California Supreme Court addressed the question of whether an arbitration provision listed in a settlement agreement renders the agreement admissible under the California Evidence Code. The court emphasized the importance of maintaining mediation confidentiality and recognized the value of working documents produced during mediation sessions. However, by holding that an arbitration clause cannot render a settlement agreement admissible, the court sacrificed the enforceability of such agreements for the sake of mediation confidentiality. The court\u27s narrow holding does not provide clear guidance as to how parties can draft settlement agreements that are enforceable, and, thus, admissible in a subsequent legal proceeding. Thus, the Fair court has done future parties a disservice by providing a narrow and incomplete holding regarding the admissibility of settlement agreements in California

Validation and Uncertainty Estimates for MODIS Collection 6 "Deep Blue" Aerosol Data

The "Deep Blue" aerosol optical depth (AOD) retrieval algorithm was introduced in Collection 5 of the Moderate Resolution Imaging Spectroradiometer (MODIS) product suite, and complemented the existing "Dark Target" land and ocean algorithms by retrieving AOD over bright arid land surfaces, such as deserts. The forthcoming Collection 6 of MODIS products will include a "second generation" Deep Blue algorithm, expanding coverage to all cloud-free and snow-free land surfaces. The Deep Blue dataset will also provide an estimate of the absolute uncertainty on AOD at 550 nm for each retrieval. This study describes the validation of Deep Blue Collection 6 AOD at 550 nm (Tau(sub M)) from MODIS Aqua against Aerosol Robotic Network (AERONET) data from 60 sites to quantify these uncertainties. The highest quality (denoted quality assurance flag value 3) data are shown to have an absolute uncertainty of approximately (0.086+0.56Tau(sub M))/AMF, where AMF is the geometric air mass factor. For a typical AMF of 2.8, this is approximately 0.03+0.20Tau(sub M), comparable in quality to other satellite AOD datasets. Regional variability of retrieval performance and comparisons against Collection 5 results are also discussed

Global and Regional Evaluation of Over-Land Spectral Aerosol Optical Depth Retrievals from SeaWiFS

This study evaluates a new spectral aerosol optical depth (AOD) dataset derived from Sea-viewing Wide Field-of-view Sensor (Sea WiFS) measurements over land. First, the data are validated against Aerosol Robotic Network (AERONET) direct-sun AOD measurements, and found to compare well on a global basis. If only data with the highest quality flag are used, the correlation is 0.86 and 72% of matchups fall within an expected absolute uncertainty of 0.05 + 20% (for the wavelength of 550 nm). The quality is similar at other wavelengths and stable over the 13-year (1997-2010) mission length. Performance tends to be better over vegetated, low-lying terrain with typical AOD of 0.3 or less, such as found over much of North America and Eurasia. Performance tends to be poorer for low-AOD conditions near backscattering geometries, where Sea WiFS overestimates AOD, or optically-thick cases of absorbing aerosol, where SeaWiFS tends to underestimate AOD. Second, the SeaWiFS data are compared with midvisible AOD derived from the Moderate Resolution Imaging Spectrometer (MODIS) and Multiangle Imaging Spectroradiometer (MISR). All instruments show similar spatial and seasonal distributions of AOD, although there are regional and seasonal offsets between them. At locations where AERONET data are available, these offsets are largely consistent with the known validation characteristics of each dataset. With the results of this study in mind, the SeaWiFS over-land AOD record should be suitable for quantitative scientific use

Comparison Between NPP-VIIRS Aerosol Data Products and the MODIS AQUA Deep Blue Collection 6 Dataset Over Land

Aerosols are small particles suspended in the atmosphere and have a variety of natural and man-made sources. Knowledge of aerosol optical depth (AOD), which is a measure of the amount of aerosol in the atmosphere, and its change over time, is important for multiple reasons. These include climate change, air quality (pollution) monitoring, monitoring hazards such as dust storms and volcanic ash, monitoring smoke from biomass burning, determining potential energy yields from solar plants, determining visibility at sea, estimating fertilization of oceans and rainforests by transported mineral dust, understanding changes in weather brought upon by the interaction of aerosols and clouds, and more. The Suomi-NPP satellite was launched late in 2011. The Visible Infrared Imaging Radiometer Suite (VIIRS) aboard Suomi-NPP is being used, among other things, to determine AOD. This study compares the VIIRS dataset to ground-based measurements of AOD, along with a state-of-the-art satellite AOD dataset (the new version of the Moderate Resolution Imaging Spectrometer Deep Blue algorithm) to assess its reliability. The Suomi-NPP satellite was launched late in 2011, carrying several instruments designed to continue the biogeophysical data records of current and previous satellite sensors. The Visible Infrared Imaging Radiometer Suite (VIIRS) aboard Suomi-NPP is being used, among other things, to determine aerosol optical depth (AOD), and related activities since launch have been focused towards validating and understanding this new dataset through comparisons with other satellite and ground-based products. The operational VIIRS AOD product is compared over land with AOD derived from Moderate Resolution Imaging Spectrometer (MODIS) observations using the Deep Blue (DB) algorithm from the forthcoming Collection 6 of MODIS dat

Extending MODIS Deep Blue Aerosol Retrieval Coverage to Cases of Absorbing Aerosols Above Clouds: First Results

Absorbing smoke or mineral dust aerosols above clouds (AAC) are a frequent occurrence in certain regions and seasons. Operational aerosol retrievals from sensors like MODIS omit AAC because they are designed to work only over cloud-free scenes. However, AAC can in principle be quantified by these sensors in some situations (e.g. Jethva et al., 2013; Meyer et al., 2013). We present a summary of some analyses of the potential of MODIS-like instruments for this purpose, along with two case studies using airborne observations from the Ames Airborne Tracking Sunphotometer (AATS; http://geo.arc.nasa.gov/sgg/AATS-website/) as a validation data source for a preliminary AAC algorithm applied to MODIS measurements. AAC retrievals will eventually be added to the MODIS Deep Blue (Hsu et al., 2013) processing chain

Elasticity Theory Connection Rules for Epitaxial Interfaces

Elasticity theory provides an accurate description of the long-wavelength vibrational dynamics of homogeneous crystalline solids, and with supplemental boundary conditions on the displacement field can also be applied to abrupt heterojunctions and interfaces. The conventional interface boundary conditions, or connection rules, require that the displacement field and its associated stress field be continuous through the interface. We argue, however, that these boundary conditions are generally incorrect for epitaxial interfaces, and we give the general procedure for deriving the correct conditions, which depend essentially on the detailed microscopic structure of the interface. As a simple application of our theory we analyze in detail a one-dimensional model of an inhomogeneous crystal, a chain of harmonic oscillators with an abrupt change in mass and spring stiffness parameters. Our results have implications for phonon dynamics in nanostructures such as superlattices and nanoparticles, as well as for the thermal boundary resistance at epitaxial interfaces.Comment: 7 pages, Revte

Retrieving the Height of Smoke and Dust Aerosols by Synergistic Use of VIIRS, OMPS, and CALIOP Observations

Aerosol Single scattering albedo and Height Estimation (ASHE) algorithm was first introduced in Jeong and Hsu (2008) to provide aerosol layer height as well as single scattering albedo (SSA) for biomass burning smoke aerosols. One of the advantages of this algorithm was that the aerosol layer height can be retrieved over broad areas, which had not been available from lidar observations only. The algorithm utilized aerosol properties from three different satellite sensors, i.e., aerosol optical depth (AOD) and ngstrm exponent (AE) from Moderate Resolution Imaging Spectroradiometer (MODIS), UV aerosol index (UVAI) from Ozone Monitoring Instrument (OMI), and aerosol layer height from Cloud-Aerosol Lidar with Orthogonal Polarization (CALIOP). Here, we extend the application of the algorithm to Visible Infrared Imaging Radiometer Suite (VIIRS) and Ozone Mapping and Profiler Suite (OMPS) data. We also now include dust layers as well as smoke. Other updates include improvements in retrieving the AOD of nonspherical dust from VIIRS, better determination of the aerosol layer height from CALIOP, and more realistic input aerosol profiles in the forward model for better accuracy

Enhanced Deep Blue Aerosol Retrieval Algorithm: The Second Generation

The aerosol products retrieved using the MODIS collection 5.1 Deep Blue algorithm have provided useful information about aerosol properties over bright-reflecting land surfaces, such as desert, semi-arid, and urban regions. However, many components of the C5.1 retrieval algorithm needed to be improved; for example, the use of a static surface database to estimate surface reflectances. This is particularly important over regions of mixed vegetated and non- vegetated surfaces, which may undergo strong seasonal changes in land cover. In order to address this issue, we develop a hybrid approach, which takes advantage of the combination of pre-calculated surface reflectance database and normalized difference vegetation index in determining the surface reflectance for aerosol retrievals. As a result, the spatial coverage of aerosol data generated by the enhanced Deep Blue algorithm has been extended from the arid and semi-arid regions to the entire land areas

Tetra­kis(1,2-dimethoxy­ethane-κ2 O,O′)ytterbium(II) bis­(μ2-phenyl­selenolato-κ2 Se:Se)bis­[bis­(phenyl­selenolato-κSe)mercurate(II)]

The title salt, [Yb(C4H10O2)4][Hg2(C6H5Se)6], consists of eight-coordinate homoleptic [Yb(DME)4]2+ dications (DME is 1,2-dimethoxy­ethane) countered with [Hg2(SePh)6]2− di­anions. The cations and anions have twofold rotation and inversion symmetry, respectively. The Yb centre displays a square-anti­prismatic coordination geometry and the Hg centre has a distorted tetra­hedral coordination environment. One phenyl­selenolate anion and one methyl group of a DME ligand are disordered over two positions with equal occupancies. This structure is unique in that it represents a less common mol­ecular lanthanide species in which the lanthanide ion is not directly bonded to an anionic ligand. There are no occurrences of the [Hg2(SePh)6]2− dianion in the Cambridge Structural Database (Version of November 2007), but there are similar oligomeric and polymeric Hgx(SePh)y species. The crystal structure is characterized by alternating layers of cations and anions stacked along the c axis