Insurance Policies: The Grandparents of Contractual Black Holes

In their recent article, The Black Hole Problem in Commercial Boilerplate, Professors Stephen Choi, Mitu Gulati, and Robert Scott identify a phenomenon found in standardized contracts they describe as “contractual black holes.” The concept of black holes comes from theoretical physics. Under the original hypothesis, the gravitational pull of a black hole is so strong that once light or information is pulled past an event horizon into a black hole, it cannot escape. In recent years, the theory has been reformulated and now the hypothesis is that some information can escape, but it is so degraded that it is virtually useless. In their article, Choi, Gulati, and Scott apply the black hole concept to certain standardized contractual boilerplate provisions. Although the focus of their article is on the contractual black hole nature of pari passu clauses that are used in sovereign debt contracts, Choi, Gulati, and Scott note that “[s]tandard insurance contracts appear to be another area with the potential for terms that have lost meaning.” They are correct that insurance policies are an area in which contractual black holes would appear quite likely to develop. In this essay, to test the hypothesis that insurance policies potentially are, or contain, contractual black holes, four policy provisions found in commercial insurance policies are considered: 1) “Sue and Labor” Clauses, 2) “Ensuing Loss” Clauses, 3) “Non-Cumulation” Clauses, and 4) the “Sudden and Accidental” Pollution Exclusion. An examination of these provisions demonstrates that some policy provisions have become contractual black holes, some provisions are only apparent contractual black holes, and other provisions on their way to becoming contractual black holes were saved before the original meaning of such provisions crossed the event horizon

Voicing Back: The Poetics and Politics of Ping Chong's Ethno-Historiographic Fables

In spite of Ping Chong¡¯s reputation in the American theatre scene, little has been done to explore his artistic works from a fully theorized perspective. In this dissertation, I propose a category of ¡°cultural narrative texts¡± to investigate cultural and historical themes of ¡°culture and the other¡± in Chong¡¯s fascinating ethno-historiographic fables. The poetics and politics of Chong¡¯s narrative texts are the subject of this dissertation. The frames of myth and narratology in their constructive aspects (how the mythic narratives are expressed) provide the poetics part. I adopt the literary approaches of Northrop Frye and Kenneth Burke for their intense studies on image (narrative unit), rhetoric (narrative signification), and emplotment (narrative sequence). In a connective linkage from poetics, the politics part engages the cultural and historical thematics through which I read what is expressed in Chong¡¯s (counter-) myths on people, cultures, and histories. For this complex thematic part, I construe a theoretical bricolage of a broad range of disciplines and methodologies, from psychoanalysis, cognitive science, anthropology, historiography, sociology, to poststructuralism, postcolonialism, and feminism.This dissertation deals with Chong¡¯s ethno-historiographic fables throughout his theatrical career over three decades, examining how his deconstructive myth-making wrestles with the problematic notion of ¡°the other¡± in both local (national) and global aspects. Borrowing Julia Kristeva¡¯s socially informed psychoanalysis, I approach Chong¡¯s concept of ¡°the other¡± as ¡°social abject¡± inhibiting at the margins. I argue that through Chong¡¯s (counter-) myth-making which destabilizes the authority of hegemonic narratives of the incompatible split between the self and the other, multiple voices of the marginalized return, and the monologue of the hegemonic culture is interrupted. In this dissertation, I demonstrate how the performance of Chong¡¯s (counter-) narratives, what I call ¡°voicing back,¡± resist the silence, enabling the marginalized abject to become the subjects of their own desires and histories. This ¡°voicing back¡± in its shared political languages of respect, equality, and justice (toward the others) prepares for the performance of a democracy which is based on the complete modes of speech acts, speaking and listening

Powers opposed and intrinsic finks

Philosophers disagree over whether dispositions can be intrinsically finked or masked. Choi suggests that there are no clear, relevant differences between cases where intrinsic finks would be absurd and those where they seem plausible, and as a result rejects them wholesale. Here, I highlight two features of dispositional properties which, when considered together, provide a plausible explanation for when dispositions can be subject to intrinsic finks and when not

The GHZ/W-calculus contains rational arithmetic

Graphical calculi for representing interacting quantum systems serve a number of purposes: compositionally, intuitive graphical reasoning, and a logical underpinning for automation. The power of these calculi stems from the fact that they embody generalized symmetries of the structure of quantum operations, which, for example, stretch well beyond the Choi-Jamiolkowski isomorphism. One such calculus takes the GHZ and W states as its basic generators. Here we show that this language allows one to encode standard rational calculus, with the GHZ state as multiplication, the W state as addition, the Pauli X gate as multiplicative inversion, and the Pauli Z gate as additive inversion.Comment: In Proceedings HPC 2010, arXiv:1103.226

Derivation of asymptotic two-dimensional time-dependent equations for ocean wave propagation

A general method for the derivation of asymptotic nonlinear shallow water and deep water models is presented. Starting from a general dimensionless version of the water-wave equations, we reduce the problem to a system of two equations on the surface elevation and the velocity potential at the free surface. These equations involve a Dirichlet-Neumann operator and we show that all the asymptotic models can be recovered by a simple asymptotic expansion of this operator, in function of the shallowness parameter (shallow water limit) or the steepness parameter (deep water limit). Based on this method, a new two-dimensional fully dispersive model for small wave steepness is also derived, which extends to uneven bottom the approach developed by Matsuno \cite{matsuno3} and Choi \cite{choi}. This model is still valid in shallow water but with less precision than what can be achieved with Green-Naghdi model, when fully nonlinear waves are considered. The combination, or the coupling, of the new fully dispersive equations with the fully nonlinear shallow water Green-Naghdi equations represents a relevant model for describing ocean wave propagation from deep to shallow waters

Judging Merit

In this invited response to Stephen Choi & Mitu Gulati, Choosing the Next Supreme Court Justice: An Empirical Ranking of Judge Performance, 78 S. CAL. L. REV. 23, 30 (2004), I analyze the central normative assumptions underlying Choi and Gulati’s Tournament of Judges. To that end, I explore the concept of merit as it applies to the selection of individuals for important institutional positions. I suggest that an ascription of merit can be understood to entail a claim that an individual exemplifies the aptitudes, excellences, and virtues of a particular office or position. I argue that merit in this sense does not give rise to a right to be selected, and that the selection of a candidate who is not the most meritorious in the descriptive sense might nevertheless be justified, if supported by other values and principles implied by our institutional commitments

Service denied : injured military contractors fight for compensation

textDuring the Iraq and Afghanistan wars the U.S. government has relied heavily on military contracting companies and their employees to carry out military missions in Middle East. Since 2001, high salaries and the call to serve the country have persuaded many people to take the risk of working in war zones. Yet the many individuals who have been injured while performing such duties now find themselves caught between their insurance companies and the U.S. Department of Labor, as they fight for the workers’ compensation and healthcare coverage they were promised.Journalis

High-power microstrip switch

Switch, which uses only two p-i-n diodes on microstrip substrate, has been developed for application in spacecraft radio systems. Switch features improved power drain, weight, volume, magnetic cleanliness, and reliability, over currently-used circulator and electromechanical switches