A Failure of Expression: How the Provisions of the U.S. Bankruptcy Code Fail to Abrogate Tribal Sovereign Immunity

Sections 106(a) and 101(27) of the U.S. Bankruptcy Code use the general phrase other foreign or domestic government to abrogate sovereign immunity without specifically referencing Indian tribes. The U.S. Supreme Court has not yet decided whether these sections of the Code abrogate tribal sovereign immunity, and lower court decisions have come to varying conclusions. As a general rule, Indian tribes are immune from suit due to their inherent sovereignty. Congress, however, may abrogate the sovereign immunity of tribes by unequivocally stating its intent to do so in a statute. When interpreting abrogation provisions in a statute, courts have only found an unequivocal expression to be present when the statute explicitly references Indian tribes. The unequivocal expression standard used by courts in determining the abrogation of tribal sovereign immunity is also used in the context of state sovereign immunity and courts consider state sovereign immunity cases to be persuasive authority when addressing tribal sovereign immunity. In the state context, the U.S. Supreme Court has found general phrases in abrogation provisions to be insufficient to satisfy the standard. This Comment argues that the U.S. Supreme Court must find that §§ 106(a) and 101(27) of the Bankruptcy Code do not abrogate tribal sovereign immunity. The Bankruptcy Code contains no specific reference to Indian tribes. Moreover, courts have found general phrases such as the one in the Bankruptcy Code insufficient to abrogate the sovereign immunity of states. While the general phrase other foreign or domestic government logically seems to encompass Indian tribes, such an inference is insufficient to meet the unequivocal expression standard

The Apm Galaxy Survey IV: Redshifts of Rich Clusters of Galaxies

We present redshifts for a sample of 229 clusters selected from the APM Galaxy Survey, 189 of which are new redshift determinations. Non-cluster galaxy redshifts have been rejected from this sample using a likelihood ratio test based on the projected and apparent magnitude distributions of the cluster fields. We test this technique using cluster fields in which redshifts have been measured for more than 10 galaxies. Our redshift sample is nearly complete and has been used in previous papers to study the three dimensional distribution of rich clusters of galaxies. 157 of the clusters in our sample are listed in the Abell catalogue or supplement, and the remainder are new cluster identifications.Comment: 15 pages UUencoded compressed postscript. Submitted to Monthly Notices of the R.A.

Field Quantization, Photons and Non-Hermitean Modes

Field quantization in three dimensional unstable optical systems is treated by expanding the vector potential in terms of non-Hermitean (Fox-Li) modes in both the cavity and external regions. The cavity non-Hermitean modes (NHM) are treated using the paraxial and monochromaticity approximations. The NHM bi-orthogonality relationships are used in a standard canonical quantization procedure based on introducing generalised coordinates and momenta for the electromagnetic (EM) field. The quantum EM field is equivalent to a set of quantum harmonic oscillators (QHO), associated with either the cavity or the external region NHM. This confirms the validity of the photon model in unstable optical systems, though the annihilation and creation operators for each QHO are not Hermitean adjoints. The quantum Hamiltonian for the EM field is the sum of non-commuting cavity and external region contributions, each of which is sum of independent QHO Hamiltonians for each NHM, but the external field Hamiltonian also includes a coupling term responsible for external NHM photon exchange processes. Cavity energy gain and loss processes is associated with the non-commutativity of cavity and external region operators, given in terms of surface integrals involving cavity and external region NHM functions on the cavity-external region boundary. The spontaneous decay of a two-level atom inside an unstable cavity is treated using the essential states approach and the rotating wave approximation. Atomic transitions leading to cavity NHM photon absorption have a different coupling constant to those leading to photon emission, a feature resulting from the use of NHM functions. Under certain conditions the decay rate is enhanced by the Petermann factor.Comment: 38 pages, tex, 2 figures, ps. General expression for decay rate added. To be published in Journal of Modern Optic

The Effect of Hot Gas in WMAP's First Year Data

By cross-correlating templates constructed from the 2 Micron All Sky Survey (2MASS) Extended Source (XSC) catalogue with WMAP's first year data, we search for the thermal Sunyaev-Zel'dovich signature induced by hot gas in the local Universe. Assuming that galaxies trace the distribution of hot gas, we select regions on the sky with the largest projected density of galaxies. Under conservative assumptions on the amplitude of foreground residuals, we find a temperature decrement of -35 $\pm$ 7 $\mu$K ($\sim 5\sigma$ detection level, the highest reported so far) in the $\sim$ 26 square degrees of the sky containing the largest number of galaxies per solid angle. We show that most of the reported signal is caused by known galaxy clusters which, when convolved with the average beam of the WMAP W band channel, subtend a typical angular size of 20--30 arcmins. Finally, after removing from our analyses all pixels associated with known optical and X-ray galaxy clusters, we still find a tSZ decrement of -96 $\pm$ 37 $\mu$K in pixels subtending about $\sim$ 0.8 square degrees on the sky. Most of this signal is coming from five different cluster candidates in the Zone of Avoidance (ZoA), present in the Clusters In the ZoA (CIZA) catalogue. We found no evidence that structures less bound than clusters contribute to the tSZ signal present in the WMAP data.Comment: 10 pages, 4 figures, matches accepted version in ApJ Letter

Reengineering of the Defense Biometric Identification System (DBIDS) equipment tracking database

The Defense Manpower Data Center (DMDC) manages the Defense Biometric Identification System (DBIDS). DBIDS captures personal and biometric information to manage DoD-wide access, control, and personnel accountability. DBIDS equipment is installed globally, and managed by a central office on the Monterey peninsula. Program managers track data about the numbers and type of equipment installed at each site. Program managers were tracking DBIDS data using a single Microsoft Excel workbook comprised of several, interlinking worksheets (DBIDS Master Plan Spreadsheet). Data updates were error-prone and difficult, requiring close coordination to keep the number of "current" versions of the spreadsheet to a minimum. This thesis initially focused on reviewing the business rules and processes surrounding DBIDS document, and then transitioned into designing, developing, and implementing of a relational database solution to improve problem areas identified during the initial review. After implementation of the database, this thesis explored the effects of making such a change within an organization. This was attempted by identifying and measuring changes in performance and accuracy of the system; by measuring pre- and post-user satisfaction through the qualitative methods of questionnaires and interviews; and finally using this analysis to improve the project through maintenance and growth iterations.http://archive.org/details/reengineeringofd109454607Outstanding ThesisUS Navy (USN) author.Approved for public release; distribution is unlimited

Exploration Using Without-Replacement Sampling of Actions Is Sometimes Inferior

In many statistical and machine learning applications, without-replacement sampling is considered superior to with-replacement sampling. In some cases, this has been proven, and in others the heuristic is so intuitively attractive that it is taken for granted. In reinforcement learning, many count-based exploration strategies are justified by reliance on the aforementioned heuristic. This paper will detail the non-intuitive discovery that when measuring the goodness of an exploration strategy by the stochastic shortest path to a goal state, there is a class of processes for which an action selection strategy based on without-replacement sampling of actions can be worse than with-replacement sampling. Specifically, the expected time until a specified goal state is first reached can be provably larger under without-replacement sampling. Numerical experiments describe the frequency and severity of this inferiority

Neuromyelitis optica spectrum disorder in three generations of a Chinese family

© 2019 Neuromyelitis optica spectrum disorder is an inflammatory demyelinating disease that is largely sporadic. Familial disease has been reported in one or two generations, although its basis remains unknown. We report here three subjects meeting diagnostic criteria for NMOSD in one family: a father and son, and the maternal aunt of the father. Anticipation, of 27 years, was apparent in transmission from father to son. Aquaporin-4 antibodies were observed in the aunt but not the father and son, nor in other family members. A putative pathogenic mutation in the NECL2 gene was not found in this pedigree. This first report of NMOSD in three generations of one family underlines the heterogeneity of familial NMOSD

CCSI Risk Estimation: An Application of Expert Elicitation

The Carbon Capture Simulation Initiative (CCSI) is a multi-laboratory simulation-driven effort to develop carbon capture technologies with the goal of accelerating commercialization and adoption in the near future. One of the key CCSI technical challenges is representing and quantifying the inherent uncertainty and risks associated with developing, testing, and deploying the technology in simulated and real operational settings. To address this challenge, the CCSI Element 7 team developed a holistic risk analysis and decision-making framework. The purpose of this report is to document the CCSI Element 7 structured systematic expert elicitation to identify additional risk factors. We review the significance of and established approaches to expert elicitation, describe the CCSI risk elicitation plan and implementation strategies, and conclude by discussing the next steps and highlighting the contribution of risk elicitation toward the achievement of the overarching CCSI objectives