Why Or Really Means Or : In Defense of the Plain Meaning of the Private Securities Litigation Reform Act\u27s Safe Harbor Provision

Structural features of the class action securities litigation system have allowed plaintiffs’ attorneys to extort settlements from risk-averse corporations. The Private Securities Litigation Reform Act (“PSLRA”) of 1995 attempted to address these structural failings by implementing wideranging reforms. Perhaps most significantly, the PSLRA created a safe harbor provision to immunize the type of statements typically used as ammunition in these frivolous litigations—forward-looking statements. The plain language of the safe harbor provision renders inactionable statements that are not made with actual knowledge of their falsity, or are accompanied by meaningful cautionary language. Although many courts have read this provision literally and thus determined that a forwardlooking statement is immunized if it meets either of these two prongs, a minority of courts have looked beyond the plain language and determined that a statement is only immunized if it meets both prongs of the provision. This Note argues that the text, legislative history, and conceptual framework of the safe harbor provision necessitate a literal reading of its text: “or” means “or.” Additionally, it counters the chief criticism of such an approach, specifically that a literal reading produces absurd or internally inconsistent results

Information content of spatially distributed ground-based measurements for hydrologic-parameter calibration in mixed rain-snow mountain headwaters

Parameters in hydrologic models used in mixed rain-snow regions are often uncertain to calibrate and overfitted on streamflow. To contribute addressing these challenges, we used an algorithm that assesses modeling performances through time (Dynamic Identifiability Analysis) to quantify the information content of spatially distributed ground-based measurements for identifying optimal parameter values in the Precipitation Runoff Modeling System (PRMS) model. Including spatially distributed ground-based measurements in Identifiability Analysis allowed us to unambiguously estimate more parameter values than only using streamflow (seven parameters instead of two out of a pool of thirty-three). Peaks in information gain were obtained when using dew-point temperature to identify precipitation phase-partitioning parameters. Multi-attribute identifiability analysis also yielded optimal parameter values that were temporally less variable than those estimated using streamflow alone. Overall, identifying parameter values using ground-based measurements improved the simulation of key drivers of the surface-water budget, such as air temperature and precipitation-phase partitioning. However, parameters simulating surface-to-subsurface mass fluxes like snow accumulation and melt or evapotranspiration were poorly identified by any attribute and so emerged as key sources of predictive uncertainty for this distributed-parameter hydrologic model. This work demonstrates the value of expanded ground-based measurements for identifying parameters in distributed-parameter hydrologic models and so diagnosing their conceptual uncertainty across the water budget

Geolocator wetness data accurately detect periods of migratory flight in two species of shorebird

While the principal use of light-recording geolocators is to determine geographical locations of migratory birds, supplementary wetness data have been used to refine estimates of minimum flight duration, on the assumption that a wet logger indicates the bird is on the ground. We provide a test of this assumption, by comparing wetness values against directly observed migratory departures of logger-equipped Bar-tailed Godwits Limosa lapponica and Red Knots Calidris canutus from the Manawatu River Estuary, New Zealand. Loggers recorded wetness every 10 min (Biotrack MK4093 and MK5093) or every one or four hours (Migrate Technology C65K). We retrieved loggers from 41 godwits from 2008– 2014 and from seven Red Knots in 2013–2014 for which we had corresponding departure information; in total there were 51 departures of godwits and seven of knots that we could match to actual departure times (this included multiple years for some godwits). Overall, 10-min wetness data were very accurate for both godwits and knots (median estimated departure times were 14 min and one min later than true departure, respectively), as were the 60-min and 240-min loggers on godwits if corrected by the wet counts that are recorded within measurement intervals (medians of 16 min earlier and 8 min earlier, respectively). These longer-interval loggers were still reasonably accurate without this adjustment (medians of 37 min and 74 min later, respectively). There was substantial variation between individuals and logger types, with 10-min loggers going dry up to 148 min (godwit) or 55 min (knot) earlier than true departure, while the 60-min and 240-min loggers recorded wetness up to 142 min or 124 min later than true departure (or 195 min or 232 min later, if unadjusted). Some of this variation simply reflects the interval over which wetness is recorded, but bird behaviour and/or logger performance must play a role in some cases (e.g. the logger going dry before departure or remaining wet after departure). Given observed bird behaviour upon arrival after migration (feeding on wet tidal flats), the wetness recording of geolocators is likely to give an accurate estimate of migratory flight duration, at least for species that frequent wet, particularly marine, habitats

Scaffolding School Pupils’ Scientific Argumentation with Evidence-Based Dialogue Maps

This chapter reports pilot work investigating the potential of Evidence-based Dialogue Mapping to scaffold young teenagers’ scientific argumentation. Our research objective is to better understand pupils’ usage of dialogue maps created in Compendium to write scientific ex-planations. The participants were 20 pupils, 12-13 years old, in a summer science course for “gifted and talented” children in the UK. Through qualitative analysis of three case studies, we investigate the value of dialogue mapping as a mediating tool in the scientific reasoning process during a set of learning activities. These activities were published in an online learning envi-ronment to foster collaborative learning. Pupils mapped their discussions in pairs, shared maps via the online forum and in plenary discussions, and wrote essays based on their dialogue maps. This study draws on these multiple data sources: pupils’ maps in Compendium, writings in science and reflective comments about the uses of mapping for writing. Our analysis highlights the diversity of ways, both successful and unsuccessful, in which dialogue mapping was used by these young teenagers

How wry is a wrybill?

The laterally asymmetrical bill of New Zealand’s endemic Wrybill Anarhynchus frontalis is unique among birds and has inspired much debate regarding its evolution and functional significance. Despite this, only one previous study has attempted to quantify the range of individual variation in bill shape, but used a single metric of curvature (bill tip angle). Using standardized digital photographs of 40 live Wrybills, we explored a range of metrics of bill length and curvature to describe the variation in bill shape in greater detail. Like the previous study, we found no sexual dimorphism in bill shape, despite males being slightly longer-billed than females, and recorded similar variation in bill tip angle (16–23°). However, we found that this single metric under-represented overall variation in bill shape, due to significant differences in where curvature began and was most pronounced along the length of the bill. Principal component analysis indicated that at least three independent metrics were required to describe the shape variation among individuals. Subtle differences in bill shape could plausibly affect an individual’s relative success among the range of Wrybill foraging strategies observed in breeding and non-breeding habitats. Elucidating the potential behavioral and fitness consequences of this variation will require detailed foraging and demographic studies with individuals of known bill morphology

No evidence for an association between <i>Clock</i> gene allelic variation and migration timing in a long-distance migratory shorebird (<i>Limosa lapponica baueri</i>)

The gene Clock is a key part of the Core Circadian Oscillator, and the length of the polyglutamine (poly-Q) repeat sequence in Clock (ClkpolyQcds) has been proposed to be associated with the timing of annual cycle events in birds. We tested whether variation in ClkpolyQcds corresponds to variation in migration timing in the bar-tailed godwit (Limosa lapponica baueri), a species in which individuals show strong annual consistency in their migration timing despite the New Zealand population migrating across a 5-week period. We describe allelic variation of the ClkpolyQcds in 135 godwits over-wintering in New Zealand (N.Z.) and investigate whether polymorphism in this region is associated with northward migration timing (chronophenotype) from N.Z. or (for 32 birds tracked by geolocator) after the primary stopover in Asia. Six Clock alleles were detected (Q(7)-Q(12)) and there was substantial variation between individuals (heterozygosity of 0.79). There was no association between ClkpolyQcds polymorphism and migration timing from N.Z. The length of the shorter Clock allele was related to migration timing from Asia, though this relationship arose largely from just a few northern-breeding birds with longer alleles. Other studies show no consistent associations between ClkpolyQcds and migration timing in birds, although Clock may be associated with breeding latitude in some species (as an adaptation to photoperiodic regime). Apparent relationships with migration timing could reflect latitude-related variation in migration timing, rather than Clock directly affecting migration timing. On current evidence, ClkpolyQcds is not a strong candidate for driving migration timing in migratory birds generally

A Century of Cosmology

In the century since Einstein's anno mirabilis of 1905, our concept of the Universe has expanded from Kapteyn's flattened disk of stars only 10 kpc across to an observed horizon about 30 Gpc across that is only a tiny fraction of an immensely large inflated bubble. The expansion of our knowledge about the Universe, both in the types of data and the sheer quantity of data, has been just as dramatic. This talk will summarize this century of progress and our current understanding of the cosmos.Comment: Talk presented at the "Relativistic Astrophysics and Cosmology - Einstein's Legacy" meeting in Munich, Nov 2005. Proceedings will be published in the Springer-Verlag "ESO Astrophysics Symposia" series. 10 pages Latex with 2 figure

The unified protocol for transdiagnostic treatment of emotional disorders compared with diagnosis-specific protocols for anxiety disorders a randomized clinical trial

IMPORTANCE: Transdiagnostic interventions have been developed to address barriers to the dissemination of evidence-based psychological treatments, but only a few preliminary studies have compared these approaches with existing evidence-based psychological treatments. OBJECTIVE: To determine whether the Unified Protocol for Transdiagnostic Treatment of Emotional Disorders (UP) is at least as efficacious as single-disorder protocols (SDPs) in the treatment of anxiety disorders. DESIGN, SETTING, AND PARTICIPANTS: From June 23, 2011, to March 5, 2015, a total of 223 patients at an outpatient treatment center with a principal diagnosis of panic disorder with or without agoraphobia, generalized anxiety disorder, obsessive-compulsive disorder, or social anxiety disorder were randomly assigned by principal diagnosis to the UP, an SDP, or a waitlist control condition. Patients received up to 16 sessions of the UP or an SDP for 16 to 21 weeks. Outcomes were assessed at baseline, after treatment, and at 6-month follow-up. Analysis in this equivalence trial was based on intention to treat. INTERVENTIONS: The UP or SDPs. MAIN OUTCOMES AND MEASURES: Blinded evaluations of principal diagnosis clinical severity rating were used to evaluate an a priori hypothesis of equivalence between the UP and SDPs. RESULTS: Among the 223 patients (124 women and 99 men; mean [SD] age, 31.1 [11.0] years), 88 were randomized to receive the UP, 91 to receive an SDP, and 44 to the waitlist control condition. Patients were more likely to complete treatment with the UP than with SDPs (odds ratio, 3.11; 95% CI, 1.44-6.74). Both the UP (Cohen d, −0.93; 95% CI, −1.29 to −0.57) and SDPs (Cohen d, −1.08; 95% CI, −1.43 to −0.73) were superior to the waitlist control condition at acute outcome. Reductions in clinical severity rating from baseline to the end of treatment (β, 0.25; 95% CI, −0.26 to 0.75) and from baseline to the 6-month follow-up (β, 0.16; 95% CI, −0.39 to 0.70) indicated statistical equivalence between the UP and SDPs. CONCLUSIONS AND RELEVANCE: The UP produces symptom reduction equivalent to criterion standard evidence-based psychological treatments for anxiety disorders with less attrition. Thus, it may be possible to use 1 protocol instead of multiple SDPs to more efficiently treat the most commonly occurring anxiety and depressive disorders.This study was funded by grant R01 MH090053 from the National Institute of Mental Health. (R01 MH090053 - National Institute of Mental Health)First author draf

Offenders' Crime Narratives across Different Types of Crimes

The current study explores the roles offenders see themselves playing during an offence and their relationship to different crime types. One hundred and twenty incarcerated offenders indicated the narrative roles they acted out whilst committing a specific crime they remembered well. The data were subjected to Smallest Space Analysis (SSA) and four themes were identified: Hero, Professional, Revenger and Victim in line with the recent theoretical framework posited for Narrative Offence Roles (Youngs & Canter, 2012). Further analysis showed that different subsets of crimes were more like to be associated with different narrative offence roles. Hero and Professional were found to be associated with property offences (theft, burglary and shoplifting), drug offences and robbery and Revenger and Victim were found to be associated with violence, sexual offences and murder. The theoretical implications for understanding crime on the basis of offenders' narrative roles as well as practical implications are discussed