Note: Secured Creditors in Wage Earner Proceedings: Interpreting the Validity of Bankruptcy Rule 13-307(d)

On October 1, 1973 the Supreme Court promulgated rules prescribing the practice and procedure to be followed in cases and proceedings governed by Chapters I-VII and Chapter XIII of the Bankruptcy Act. The procedural changes are extensive, permeating every stage of straight bankruptcy and Chapter XIII Wage Earner proceedings. One of the more important rules is Bankruptcy Rule 13-307(d), which deals with claims of secured creditors in Wage Earner proceedings under Chapter XIII. Secured creditors have challenged the validity of Rule 13-307(d), claiming that the rule modifies the secured party\u27s substantive right to full recovery of the contract price. Thus, they allege that it is a substantive rule of law and outside the Supreme Court\u27s rulemaking power. Various courts have made conflicting decisions. The resolution of this issue will have significant impact on future creditor-purchaser relations and on the future of Chapter XIII Wage Earner proceedings as a viable alternative to straight bankruptcy

Planning for Excellence: Insights from an International Review of Regulators’ Strategic Plans

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success. In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on a unique source of data that provides an important window on regulators’ own aspirations: their strategic plans. Strategic plans have been required or voluntarily undertaken for the past decade or longer by regulators around the globe. In these plans, regulators offer mission statements, strategic goals, and measurable and achievable outcomes, all of which indicate what regulators value and are striving to become. Occasionally, they even state explicitly where they have fallen short of “best-in-class” status and how they intend to improve. To date, a voluminous literature exists examining agency practices in strategic planning, but we are aware of no study that tries to glean from the substance of a sizeable number of plans how regulators themselves construe regulatory excellence. The main task of this Article is undertaking this effort. This Article draws on twenty plans from different regulators in nine countries. We found most generally that excellent regulators describe themselves (though not necessarily using exactly these words) as institutions that are more (1) efficient, (2) educative, (3) multiplicative, (4) proportional, (5) vital, (6) just, and (7) honest. In addition to these seven shared attribute categories, our reading of the plans also revealed five other “unusual” attributes that only one or two agencies mentioned. Beyond merely cataloguing the attributes identified by agencies, this Article also discusses commonalities (and differences) between plan structures, emphases, and framings. We found that the plans differed widely in features such as the specificity of their mission statements, the extent to which they emphasized actions over outcomes (or vice versa), and the extent to which commitments were organized along organizational fiefdoms or cut across bureaucratic lines. We urge future scholarship to explore alternative methods of text mining, and to study strategic plans over time within agencies, in order to track how agencies’ notions of regulatory excellence respond to changes in the regulatory context and the larger circumstances within which agencies operate. Looking longitudinally will also shed light on how agencies handle strategic goals that are either met or that prove to be unattainable

Be-10/Be-7 tracer of atmospheric transport and stratosphere-troposphere exchange

The 10Be/7Be ratio is a sensitive tracer of atmospheric transport and stratosphere-troposphere exchange (STE). Data from five NASA aircraft field missions (PEM: West A and B, Tropics A; SONEX; and SUCCESS) have been assembled to produce the largest data set of 10Be,7Be, and their ratio collected to date (\u3e300 samples). Ratios near 0.60 are indicative of tropospheric air with little stratospheric influence, while higher ratios are found in stratospheric air. Samples from the lower stratosphere were all collected within 2.5 km of the tropopause and had ratios \u3e1.27. Of these lower stratosphere samples only 16% had ratios in excess of 3.0, suggesting that higher ratio air resides away from the tropopause. Seasonality observed in the10Be/7Be ratios results from the downwelling of air with elevated ratios from higher in the stratosphere in the spring and summer (midlatitudes) and from the decay of 7Be during descent in the winter polar vortex (high latitudes). Our results illustrate the complexity of STE and some of the mechanisms through which it occurs, including tropopause folding, mixing associated with subtropical jets, and the effect of synoptic systems such as hurricanes and northeasters. The10Be/7Be ratio provides important information beyond that which can be derived from studies that rely on chemical mixing ratios alone

Can online civic education induce democratic citizenship? Experimental evidence from a new democracy

How can democratic values and behavior be induced in new democracies? We designed and tested three original civic education interventions to answer this question, using Tunisia as a case study. Participants were recruited through Facebook and Instagram where they were randomly assigned to either one of three treatment groups or a placebo. Two treatments were derived from prospect theory, emphasizing the gains of a democratic system, or the losses of an autocratic system. A third treatment, derived from self-efficacy theory, provided practical information regarding participation in the upcoming 2019 elections. Our findings suggest that online civic education has a considerable effect on democratic citizenship, including a significant reduction in authoritarian nostalgia and increasing intended political behavior. We further find differences between the three treatments, with the loss and gain treatments having overall more consistent impact than self-efficacy, though the latter frame has notable effects on political efficacy and registration

Campaign effects on voter choice in the German election of 1990

'Anhand von Panel-Daten, die bei einer Umfrage in Deutschland während des Bundestagswahlkampfs 1990 erhoben wurden, entwickeln wir ein Modell zur Beurteilung der Wirkung des Wahlkampfes auf das individuelle Wahlverhalten und das Wahlergebnis. Unsere Ergebnisse entsprachen den Untersuchungen von Lazarsfeld et al. aus den 40er Jahren und der neueren amerikanischen Forschung. Wir fanden heraus, daß die Wirkung des Wahlkampfes auf deutsche Wähler vor allem in der Verstärkung früherer Präferenzen und der Aktivierung latenter Wahl-Dispositionen bestand, die auf grundlegenden individuellen Einstellungen wie Parteizugehörigkeit und Rechts-Links-Ideologie beruhen. Zugleich zeigt die Analyse, daß die Anzahl der Personen, die entgegen ihren Dispositionen und früheren Präferenzen ihre Stimme abgaben, annähernd 14 Prozent der Wählerschaft ausmacht. Davon war der Anteil der Pro-Regierungs-Entscheidungen überwältigend groß. Deshalb nehmen wir an, daß der Bundestagswahlkampf von 1990 den von der ursprünglichen Disposition der Wählerschaft aus gesehen gleichstarken Wettstreit in einen soliden Sieg der Regierungskoalition umwandelte. Die Ergebnisse werden hinsichtlich ihrer theoretischen und normativen Implikationen diskutiert.' (HSübers)'Using national survey panel data collected in Germany during the 1990 Bundestag election campaign, we develop a model to assess the effect of the campaign on individual votes and the election outcome. We find that the dominant effects of the campaign on German voters, as in the Lazarsfeld et al. studies from the 1940s and in more recent U.S. research, were the 'reinforcement' of earlier preferences and the 'activation' of latent vote dispositions based on fundamental individual attitudes such as party affiliation and left-right ideology. At the same time, the analysis shows that the number of campaign converts, those who vote against their dispositions and prior preferences, was approximately 14 percent of the electorate. The vote division among these individuals was overwhelmingly pro-government, suggesting that the 1990 German campaign altered a sufficient number of votes to turn what was an even contest, based on the electorate's initial political dispositions, into a solid government coalition victory. The results are discussed in terms of their theoretical as well as normative implications.' (authotr's abstract

Navigating personal and relational concerns: the quest for equilibrium

The authors' personal-relational equilibrium model suggests that people come to seek equilibrium in their dedication to personal and relational concerns in that these 2 important needs cannot always be gratified simultaneously. The authors proposed that the experience of personal-relational disequilibrium motivates attempts to restore equilibrium and that achieving equilibrium promotes life satisfaction. Four studies revealed good support for the model. In Study 1, a manipulation of anticipated future disequilibrium (vs. equilibrium) as a result of overdedication to either the personal or relational domain caused reduced motivation to address concerns in that domain and increased motivation toward the complementary domain. In Study 2, narratives describing disequilibrium experiences (vs. equilibrium experiences) exhibited increased motivation to restore equilibrium and reduced life satisfaction. In Study 3, diary reports of everyday disequilibrium were associated with increased same-day motivation to restore equilibrium, reduced same-day life satisfaction, and increased next-day dedication of effort to the complementary domain. In Study 4, experiences of disequilibrium predicted reduced well-being 6 months later. Collectively, these findings extend knowledge of how people regulate themselves toward equilibrium in pursuing 2 fundamental human concerns

Estimation of stratospheric input to the Arctic troposphere: 7Be and 10Be in aerosols at Alert, Canada

Concentrations of 7Be and 210Pb in 2 years of weekly high-volume aerosol samples collected at Alert, Northwest Territories, Canada, showed pronounced seasonal variations. We observed a broad winter peak in 210Pb concentration and a spring peak in 7Be. These peaks were similar in magnitude and duration to previously reported results for a number of stations in the Arctic Basin. Beryllium 10 concentrations (determined only during the first year of this study) were well correlated with those of 7Be; the atom ratio 10Be/7Be was nearly constant at 2.2 throughout the year. This relatively high value of 10Be/7Be indicates that the stratosphere must constitute an important source of both Be isotopes in the Arctic troposphere throughout the year. A simple mixing model based on the small seasonal variations of 10Be/7Be indicates an approximately twofold increase of stratospheric influence in the free troposphere in late summer. The spring maxima in concentrations of both Be isotopes at the surface apparently reflect vertical mixing in rather than stratospheric injections into the troposphere. We have merged the results of the Be-based mixing model with weekly O3 soundings to assess Arctic stratospheric impact on the surface O3 budget at Alert. The resulting estimates indicate that stratospheric inputs can account for a maximum of 10-15% of the 03 at the surface in spring and for less during the rest of the year. These estimates are most uncertain during the winter. The combination of Be isotopic measurements and O3 vertical profiles could allow quantification of the contributions of O3 from the Arctic stratosphere and lower latitude regions to the O3 budget in the Arctic troposphere. Although at present the lack of a quantitative understanding of the temporal variation of O3 lifetime in the Arctic troposphere precludes making definitive calculations, qualitative examples of the power of this approach are given

Approaching the Coverability Problem Continuously

The coverability problem for Petri nets plays a central role in the verification of concurrent shared-memory programs. However, its high EXPSPACE-complete complexity poses a challenge when encountered in real-world instances. In this paper, we develop a new approach to this problem which is primarily based on applying forward coverability in continuous Petri nets as a pruning criterion inside a backward coverability framework. A cornerstone of our approach is the efficient encoding of a recently developed polynomial-time algorithm for reachability in continuous Petri nets into SMT. We demonstrate the effectiveness of our approach on standard benchmarks from the literature, which shows that our approach decides significantly more instances than any existing tool and is in addition often much faster, in particular on large instances.Comment: 18 pages, 4 figure