Punitive Damages: A Relic That Has Outlived Its Origins

The doctrine of punitive damages truly is an ancient legal concept that inexplicably has evaded commitment to the archives of history. Irrespective of the questionable validity of the doctrine at early common law, the simple fact remains that none of the historical justifications supports the punitive damage theory in today\u27s tort reparations system. The quest to bestow increasing compensation no longer can justify punitive damage awards because actual damages currently recoverable compensate plaintiffs more than adequately for every conceivable element of physical, emotional, or imagined injury. The desire to inflict punishment, likewise, represents an insupportable basis for awarding quasi-criminal fines in a civil context, and is inconsistent with ancient and modern jurisprudence because the civil law historically has been premised upon the concept of compensation and not penal retribution... Part II of this Article traces the evolution of the punitive dam-age theory, including ancient origins and current status. Part III explores the various justifications theorized in support of the doctrine\u27s present viability. Part IV analyzes the patchwork applications and conflicting standards that measure conduct warranting an award of punitive damages, the treatment of vicariously liable corporate defendants, and other factors that affect the doctrine.This part emphasizes that punitive damages are awarded on the basis of highly questionable rationale and in an absurdly confusing and noticeably destructive manner. Part V argues for the complete abolition of the punitive damage concept: ratio potest allegari deficiente lege . In the absence of complete abolition of punitive damages, part VI asserts the urgent need for immediate stringent limitations on a doctrine that currently operates as an undisciplined and unfettered juggernaut of destruction in the civil tort system. Responsible jurisprudence, however, argues forcefully in favor of relegating this legal dinosaur to an era that long since has passed

Supersonic aeroelastic instability results for a NASP-like wing model

An experimental study and an analytical study have been conducted to examine static divergence for hypersonic-vehicle wing models at supersonic conditions. A supersonic test in the Langley Unitary Plan Wind Tunnel facility was conducted for two wind-tunnel models. These models were nearly identical with the exception of airfoil shape. One model had a four-percent maximum thickness airfoil and the other model had an eight-percent maximum thickness airfoil. The wing models had low-aspect ratios and highly swept leading edges. The all-movable wing models were supported by a single-pivot mechanism along the wing root. For both of the wind-tunnel models, configuration changes could be made in the wing-pivot location along the wing root and in the wing-pivot pitch stiffness. Three divergence conditions were measured for the four-percent thick airfoil model in the Mach number range of 2.6 to 3.6 and one divergence condition was measured for the eight-percent thick airfoil model at a Mach number of 2.9. Analytical divergence calculations were made for comparison with experimental results and to evaluate the parametric effects of wing-pivot stiffness, wing-pivot location, and airfoil thickness variations. These analyses showed that decreasing airfoil thickness, moving the wing-pivot location upstream, or increasing the pitch-pivot stiffness have the beneficial effect of increasing the divergence dynamic pressures. The calculations predicted the trend of experimental divergence dynamic pressure with Mach number accurately; however, the calculations were approximately 25 percent conservative with respect to dynamic pressure

The Velocity Function of Galaxies

We present a galaxy circular velocity function, Psi(log v), derived from existing luminosity functions and luminosity-velocity relations. Such a velocity function is desirable for several reasons. First, it enables an objective comparison of luminosity functions obtained in different bands and for different galaxy morphologies, with a statistical correction for dust extinction. In addition, the velocity function simplifies comparison of observations with predictions from high-resolution cosmological N-body simulations. We derive velocity functions from five different data sets and find rough agreement among them, but about a factor of 2 variation in amplitude. These velocity functions are then compared with N-body simulations of a LCDM model (corrected for baryonic infall) in order to demonstrate both the utility and current limitations of this approach. The number density of dark matter halos and the slope of the velocity function near v_*, the circular velocity corresponding to an ~L_* spiral galaxy, are found to be comparable to that of observed galaxies. The primary sources of uncertainty in construction of Psi(log v) from observations and N-body simulations are discussed and explanations are suggected to account for these discrepancies.Comment: Latex. 28 pages, 4 figures. Accepted by Ap

Dark Matter and Stellar Mass in the Luminous Regions of Disk Galaxies

We investigate the correlations among stellar mass (M_*), disk scale length (R_d), and rotation velocity at 2.2 disk scale lengths (V_2.2) for a sample of 81 disk-dominated galaxies (disk/total >= 0.9) selected from the SDSS. We measure V_2.2 from long-slit H-alpha rotation curves and infer M_* from galaxy i-band luminosities (L_i) and g-r colors. We find logarithmic slopes of 2.60+/-0.13 and 3.05+/-0.12 for the L_i-V_2.2 and M_*-V_2.2 relations, somewhat shallower than most previous studies, with intrinsic scatter of 0.13 dex and 0.16 dex. Our direct estimates of the total-to-stellar mass ratio within 2.2R_d, assuming a Kroupa IMF, yield a median ratio of 2.4 for M_*>10^10 Msun and 4.4 for M_*=10^9-10^10 Msun, with large scatter at a given M_* and R_d. The typical ratio of the rotation speed predicted for the stellar disk alone to the observed rotation speed at 2.2R_d is ~0.65. The distribution of R_d at fixed M_* is broad, but we find no correlation between disk size and the residual from the M_*-V_2.2 relation, implying that this relation is an approximately edge-on view of the disk galaxy fundamental plane. Independent of the assumed IMF, this result implies that stellar disks do not, on average, dominate the mass within 2.2R_d. We discuss our results in the context of infall models of disk formation in cold dark matter halos. A model with a disk-to-halo mass ratio m_d=0.05 provides a reasonable match to the R_d-M_* distribution for spin parameters \lambda ranging from ~0.04-0.08, and it yields a reasonable match to the mean M_*-V_2.2 relation. A model with m_d=0.1 predicts overly strong correlations between disk size and M_*-V_2.2 residual. Explaining the wide range of halo-to-disk mass ratios within 2.2R_d requires significant scatter in m_d values, with systematically lower m_d for galaxies with lower $M_*$.Comment: 18 pages, 2 tables, 7 figures, Accepted to ApJ, Table 1 updated, otherwise minor change

The Nature of the Halo Population of NGC 5128 Resolved with NICMOS on the Hubble Space Telescope

We present the first infrared color-magnitude diagram (CMD) for the halo of a giant elliptical galaxy. The CMD for the stars in the halo of NGC 5128 (Centaurus A) was constructed from HST NICMOS observations of the WFPC2 CHIP-3 field of Soria et al. (1996) to a 50% completeness magnitude limit of [F160W]=23.8. This field is located at a distance of 08'50" (~9 kpc) south of the center of the galaxy. The luminosity function (LF) shows a marked discontinuity at [F160W]=20.0. This is 1-2 mag above the tip of the red giant branch (TRGB) expected for an old population (~12 Gyr) at the distance modulus of NGC 5128. We propose that the majority of stars above the TRGB have intermediate ages (~2 Gyr), in agreement with the WFPC2 observations of Soria et al. (1996). Five stars with magnitudes brighter than the LF discontinuity are most probably due to Galactic contamination. The weighted average of the mean giant branch color above our 50% completeness limit is [F110W]-[F160W]=1.22+-0.08 with a dispersion of 0.19 mag. From our artificial-star experiments we determine that the observed spread in color is real, suggesting a real spread in metallicity. We estimate the lower and upper bounds of the stellar metallicity range by comparisons with observations of Galactic star clusters and theoretical isochrones. Assuming an old population, we find that, in the halo field of NGC 5128 we surveyed, stars have metallicities ranging from roughly 1% of solar at the blue end of the color spread to roughly solar at the red end, with a mean of [Fe/H]=-0.76 and a dispersion of 0.44 dex.Comment: Accepted for publication in AJ, 23 pages of text, 13 figures, uses aastex v5.

Radio Frequency Nonionizing Radiation in a Community Exposed to Radio and Television Broadcasting

Exposure to radio frequency (RF) nonionizing radiation from telecommunications is pervasive in modern society. Elevated disease risks have been observed in some populations exposed to radio and television transmissions, although findings are inconsistent. This study quantified RF exposures among 280 residents living near the broadcasting transmitters for Denver, Colorado. RF power densities outside and inside each residence were obtained, and a global positioning system (GPS) identified geographic coordinates and elevations. A viewshed model within a geographic information system (GIS) characterized the average distance and percentage of transmitters visible from each residence. Data were collected at the beginning and end of a 2.5-day period, and some measurements were repeated 8–29 months later. RF levels logged at 1-min intervals for 2.5 days varied considerably among some homes and were quite similar among others. The greatest differences appeared among homes within 1 km of the transmitters. Overall, there were no differences in mean residential RF levels compared over 2.5 days. However, after a 1- to 2-year follow-up, only 25% of exterior and 38% of interior RF measurements were unchanged. Increasing proximity, elevation, and line-of-sight visibility were each associated with elevated RF exposures. At average distances from > 1–3 km, exterior RF measurements were 13–30 times greater among homes that had > 50% of the transmitters visible compared with homes with ≤ 50% visibility at those distances. This study demonstrated that both spatial and temporal factors contribute to residential RF exposure and that GPS/GIS technologies can improve RF exposure assessment and reduce exposure misclassification

Validation of the Alzheimer's disease-resemblance atrophy index in classifying and predicting progression in Alzheimer's disease

BACKGROUND: Automated tools for characterising dementia risk have the potential to aid in the diagnosis, prognosis, and treatment of Alzheimer’s disease (AD). Here, we examined a novel machine learning-based brain atrophy marker, the AD-resemblance atrophy index (AD-RAI), to assess its test-retest reliability and further validate its use in disease classification and prediction. METHODS: Age- and sex-matched 44 probable AD (Age: 69.13 ± 7.13; MMSE: 27–30) and 22 non-demented control (Age: 69.38 ± 7.21; MMSE: 27–30) participants were obtained from the Minimal Interval Resonance Imaging in Alzheimer’s Disease (MIRIAD) dataset. Serial T1-weighted images (n = 678) from up to nine time points over a 2-year period, including 179 pairs of back-to-back scans acquired on same participants on the same day and 40 pairs of scans acquired at 2-week intervals were included. All images were automatically processed with AccuBrain® to calculate the AD-RAI. Its same-day repeatability and 2-week reproducibility were first assessed. The discriminative performance of AD-RAI was evaluated using the receiver operating characteristic curve, where DeLong’s test was used to evaluate its performance against quantitative medial temporal lobe atrophy (QMTA) and hippocampal volume adjusted by intracranial volume (ICV)-proportions and ICV-residuals methods, respectively (HVR and HRV). Linear mixed-effects modelling was used to investigate longitudinal trajectories of AD-RAI and baseline AD-RAI prediction of cognitive decline. Finally, the longitudinal associations between AD-RAI and MMSE scores were assessed. RESULTS: AD-RAI had excellent same-day repeatability and excellent 2-week reproducibility. AD-RAI’s AUC (99.8%; 95%CI = [99.3%, 100%]) was equivalent to that of QMTA (96.8%; 95%CI = [92.9%, 100%]), and better than that of HVR (86.8%; 95%CI = [78.2%, 95.4%]) or HRV (90.3%; 95%CI = [83.0%, 97.6%]). While baseline AD-RAI was significantly higher in the AD group, it did not show detectable changes over 2 years. Baseline AD-RAI was negatively associated with MMSE scores and the rate of the change in MMSE scores over time. A negative longitudinal association was also found between AD-RAI values and the MMSE scores among AD patients CONCLUSIONS: The AD-RAI represents a potential biomarker that may support AD diagnosis and be used to predict the rate of future cognitive decline in AD patients

Default, settlement, and signalling: lending resumption in a reputational model of sovereign debt

This paper develops a simple model of sovereign debt in which defaulting nations are excluded from capital markets and regain access by making partial repayments. This is consistent with the historical evidence that defaulting countries return to international loan markets soon after a settlement, but after varying periods of exclusion.Debts, External