Personal Jurisdiction and Choice of Law in the Cloud

Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the cloud as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting. Already, substantive cloud-based disputes have erupted in a variety of legal fields, including personal privacy, intellectual property, and antitrust, to name a few. Yet before courts can confront such issues, they must first address the two fundamental procedural questions of a lawsuit that form the bases of this Article-whether any law applies in the cloud, and, if so, which law ought to apply. Drawing upon novel analyses of analogous Internet jurisprudence, as well as concepts borrowed from disciplines ranging from economics to anthropology, this Article seeks to supply answers to these questions. To do so, we first identify a set of normative goals that jurisdictional and choice-of-law methodologies ought to achieve in the unique context of cloud computing. With these goals in mind, we then lay out structured analytical guidelines and suggested policy reforms to guide the continued development of jurisdiction and choice of law in the cloud

Potentially Misleading Weight Loss Advertisements Targeting Men: Examining Influence of Celebrity Athlete Endorsement on Ad Believability and Purchase Intentions

Given the prevalence of false or exaggerated claims in advertisements for weight loss products, as well as risks associated with use of unproven dietary supplements and exercise plans, they are subject to heightened scrutiny from regulators. However, celebrity athlete endorsers are increasingly featured in advertisements promoting weight loss products targeting men. This study employed a 2x2 (athlete endorser vs. non-celebrity; plausible vs. unrealistic advertising claim) experimental design, whereby participants (n= 292) were exposed to one of four ad conditions. Results suggest the athlete endorser was perceived as more credible than a non-celebrity, being rated as more expert. Significant differences were observed in ad believability, fit perceptions, brand attitudes, and purchase intentions. Findings suggest, the presence of a celebrity athlete endorser made weight loss advertisements more believable to consumers, even when ads contained obviously false claims. Given the health risks associated with certain weight loss behaviors and supplements, the impact of celebrity endorsers on consumer choices is important. Implications for potential consumers, regulators, and celebrity athlete endorsers are discussed

Sampling a Littoral Fish Assemblage: Comparison of Small-Mesh Fyke Netting and Boat Electrofishing

We compared small-mesh (4-mm) fyke netting and boat electrofishing for sampling a littoral fish assemblage in Muskegon Lake, Michigan. We hypothesized that fyke netting selects for small-bodied fishes and electrofishing selects for large-bodied fishes. Three sites were sampled during May (2004 and 2005), July (2005 only), and September (2004 and 2005). We found that the species composition of captured fish differed considerably between fyke netting and electrofishing based on nonmetric multidimensional scaling (NMDS). Species strongly associated with fyke netting (based on NMDS and relative abundance) included the brook silverside Labidesthes sicculus, banded killifish Fundulus diaphanus, round goby Neogobius melanostomus, mimic shiner Notropis volucellus, and bluntnose minnow Pimephales notatus, whereas species associated with electrofishing included the Chinook salmon Oncorhynchus tshawytscha, catostomids (Moxostoma spp. and Catostomus spp.), freshwater drum Aplodinotus grunniens, walleye Sander vitreus, gizzard shad Dorosoma cepedianum, and common carp Cyprinus carpio. The total length of fish captured by electrofishing was 12.8 cm (95% confidence interval ¼ 5.5– 17.2 cm) greater than that of fish captured by fyke netting. Size selectivity of the gears contributed to differences in species composition of the fish captured, supporting our initial hypothesis. Thus, small-mesh fyke nets and boat electrofishers provided complementary information on a littoral fish assemblage. Our results support use of multiple gear types in monitoring and research surveys of fish assemblages. Copyright by the American Fisheries Society 2007, Originally published in the North American Journal of Fisheries Management 27: 825-831, 2007

The Vibration Ring

The vibration ring was conceived as a driveline damping device to prevent structure-borne noise in machines. It has the appearance of a metal ring, and can be installed between any two driveline components like an ordinary mechanical spacer. Damping is achieved using a ring-shaped piezoelectric stack that is poled in the axial direction and connected to an electrical shunt circuit. Surrounding the stack is a metal structure, called the compression cage, which squeezes the stack along its poled axis when excited by radial driveline forces. The stack in turn generates electrical energy, which is either dissipated or harvested using the shunt circuit. Removing energy from the system creates a net damping effect. The vibration ring is much stiffer than traditional damping devices, which allows it to be used in a driveline without disrupting normal operation. In phase 1 of this NASA Seedling Fund project, a combination of design and analysis was used to examine the feasibility of this concept. Several designs were evaluated using solid modeling, finite element analysis, and by creating prototype hardware. Then an analytical model representing the coupled electromechanical response was formulated in closed form. The model was exercised parametrically to examine the stiffness and loss factor spectra of the vibration ring, as well as simulate its damping effect in the context of a simplified driveline model. The results of this work showed that this is a viable mechanism for driveline damping, and provided several lessons for continued development

The Efficacy of Equine Oral Joint Supplements

Few studies have examined the efficacy of glucosamine, hyaluronic acid, and chondroitin sulfate supplements in horses. The purpose of this study is to determine if the commercially available supplements are meeting the label guarantees, and to analyze any correlation between price point and efficacy of use. The supplemental ingredients of interest to this study are combinations of glucosamine, hyaluronic acid, and chondroitin sulfate. Horses in the study were fed each supplement for a 14-day period with synovial fluid extracted through aseptic arthrocentesis at days 0 and 14. The 12 horses followed a 14-day feeding period accompanied by a 28-day dry out period. This protocol was repeated 3 times, each with a different supplement. During these trials and the dry-out periods, the horses were divided into groups of 4 and exercised at different levels depending on the group. Physical data was collected on days 0 and 14 of each of the 3 trials to determine any physical differences associated with the use of the supplements. The veterinarian scored the horses at a walk and trot before carrying out flexion tests on all 4 limbs. The pulse, temperature, respiratory rate, and body condition scores were also collected. Enzyme-linked immunosorbent assays were used to quantify the amounts of chondroitin sulfate in each sample. The results for the glucosamine and hyaluronic acid are still pending

Equatorial and related non-equilibrium states in magnetization dynamics of ferromagnets: Generalization of Suhl's spin-wave instabilities

We investigate the nonlinear dynamics underlying the evolution of a 2-D nanoscale ferromagnetic film with uniaxial anisotropy in the presence of perpendicular pumping. Considering the associated Landau-Lifshitz spin evolution equation with Gilbert damping together with Maxwell equation for the demagnetization field, we study the dynamics in terms of the stereographic variable. We identify several new fixed points for suitable choice of external field in a rotating frame of reference. In particular, we identify explicit equatorial and related fixed points of the spin vector in the plane transverse to the anisotropy axis when the pumping frequency coincides with the amplitude of the static parallel field. We then study the linear stability of these novel fixed points under homogeneous and spin wave perturbations and obtain a generalized Suhl's instability criterion, giving the condition for exponential growth of P-modes under spin wave perturbations. Two parameter phase diagrams (in terms of amplitudes of static parallel and oscillatory perpendicular magnetic fields) for stability are obtained, which differ qualitatively from those for the conventional ferromagnetic resonance near thermal equilibrium and are amenable to experimental tests.Comment: 23 pages, 5 figures, To appear in Physica

Cold exposure induces dynamic, heterogeneous alterations in human brown adipose tissue lipid content

Brown adipose tissue undergoes a dynamic, heterogeneous response to cold exposure that can include the simultaneous synthesis, uptake, and oxidation of fatty acids. The purpose of this work was to quantify these changes in brown adipose tissue lipid content (fat-signal fraction (FSF)) using fat-water magnetic resonance imaging during individualized cooling to 3 °C above a participant’s shiver threshold. Eight healthy men completed familiarization, perception-based cooling, and MRI-cooling visits. FSF maps of the supraclavicular region were acquired in thermoneutrality and during cooling (59.5 ± 6.5 min). Brown adipose tissue regions of interest were defined, and voxels were grouped into FSF decades (0–10%, 10–20%…90–100%) according to their initial value. Brown adipose tissue contained a heterogeneous morphology of lipid content. Voxels with initial FSF values of 60–100% (P \u3c 0.05) exhibited a significant decrease in FSF while a simultaneous increase in FSF occurred in voxels with initial FSF values of 0–30% (P \u3c 0.05). These data suggest that in healthy young men, cold exposure elicits a dynamic and heterogeneous response in brown adipose tissue, with areas initially rich with lipid undergoing net lipid loss and areas of low initial lipid undergoing a net lipid accumulation

Lojasiewicz exponent of families of ideals, Rees mixed multiplicities and Newton filtrations

We give an expression for the {\L}ojasiewicz exponent of a wide class of n-tuples of ideals $(I_1,..., I_n)$ in \O_n using the information given by a fixed Newton filtration. In order to obtain this expression we consider a reformulation of {\L}ojasiewicz exponents in terms of Rees mixed multiplicities. As a consequence, we obtain a wide class of semi-weighted homogeneous functions $(\mathbb{C}^n,0)\to (\mathbb{C},0)$ for which the {\L}ojasiewicz of its gradient map $\nabla f$ attains the maximum possible value.Comment: 25 pages. Updated with minor change

Integrating social power and political influence into models of social–ecological systems

Shaping policy for environmental sustainability depends upon decision-makers conceptualizing problems in ways that are either shared or similar enough to communicate about, diagnose, and act. The quality of this shared mental model of a social–ecological system (SES) is paramount to its effectiveness. Fundamentally, the mental model must integrate multiple kinds of knowledge about the system. If the decision-making body's assumptions about, description of, and solution for a problem do not to reflect the many ways stakeholders know a system, then the products of that decision-making process are viewed as illegitimate. Sustainability policy must fit the often subtle social order of the communities expected to implement it. In this essay, we discuss how a systems-based perspective can be a versatile tool for tackling these challenges of knowledge integration and decision-making in the context of a complex SES. Using social theory of Pierre Bourdieu, we construct a conceptual model that illustrates a route for integrating locally known social complexities (power, influence) gleaned from stakeholder interviews (N = 57). Stakeholders and end-user groups may dismiss any model that they perceive fails to satisfactorily account for specific, locally salient social nuances. Our approach leverages the overlapping notion of “capital” in social and ecological theory to demonstrate how reciprocal interactions between human and ecological systems can be adopted into tools for reaching viable solutions to SES problem