MF1125

George E. Lippert, Powder post beetles & furniture beetles, Kansas State University, July 1994

Enforcing Rights: A Case for Private Rights of Action Under Section 253 of the Federal Telecommunications Act of 1996

(Excerpt) Part I of this Note provides background on the meaning of section 253 and the current law regarding private rights of action. It also briefly discusses the unique problems presented for private rights of action where the underlying legislation is passed pursuant to the Spending Clause—which was at issue in Gonzaga. Part II discusses whether the circuit courts allow telecommunications providers a private right of action under section 253. Some pre-Gonzaga courts granted a private right of action for telecommunications providers when a state or local government exceeded its safe harbor to manage a public right-of way under section 253(c). These courts held that, under the traditional standard for implied causes of action, the text and structure of section 253 and its legislative history, in addition to the purpose of the FTA as a whole and other analogous sections of the FTA, indicates the availability of an implied cause of action. For all that, many post-Gonzaga courts have denied a private right of action under any subsection of section 253. These courts held that the Gonzaga decision was controlling and, in light of that decision, the telecommunications providers’ claims must fail. Part III argues that telecommunications providers should have a private right of action where a state or local government exceeds its safe harbor under section 253(c), which allows for the management of a public right-of-way. First, it argues that the Gonzaga decision only controls where the underlying statute was passed pursuant to the Spending Clause. Since the FTA was passed pursuant to the Interstate Commerce Clause, the Gonzaga decision is not controlling. Next, Part III argues that, properly limited, the Gonzaga decision allows a private right of action under section 253 for telecommunication providers. In doing so, this Part concludes that a telecommunications provider has an implied cause of action under section 253(c). Moreover, since the telecommunications provider succeeds on the more difficult implied cause of action claim, then courts should also allow the telecommunications providers to prevail on the easier claim to prove—a section 1983 claim. Finally, this Part concludes that there are significant policy reasons favoring a private right of action under section 253(c) of the FTA

An Evaluated Certification Services System for the German National Root CA - Legally Binding and Trustworthy Transactions in E-Business and E-Government

National Root CAs enable legally binding E-Business and E-Government transactions. This is a report about the development, the evaluation and the certification of the new certification services system for the German National Root CA. We illustrate why a new certification services system was necessary, and which requirements to the new system existed. Then we derive the tasks to be done from the mentioned requirements. After that we introduce the initial situation at the beginning of the project. We report about the very process and talk about some unfamiliar situations, special approaches and remarkable experiences. Finally we present the ready IT system and its impact to E-Business and E-Government.Comment: 6 pages; 1 figure; IEEE style; final versio

Design and evaluation of fluidized bed heat recovery for diesel engine systems

The potential of utilizing fluidized bed heat exchangers in place of conventional counter-flow heat exchangers for heat recovery from adiabatic diesel engine exhaust gas streams was studied. Fluidized bed heat recovery systems were evaluated in three different heavy duty transport applications: (1) heavy duty diesel truck; (2) diesel locomotives; and (3) diesel marine pushboat. The three applications are characterized by differences in overall power output and annual utilization. For each application, the exhaust gas source is a turbocharged-adiabatic diesel core. Representative subposed exhaust gas heat utilization power cycles were selected for conceptual design efforts including design layouts and performance estimates for the fluidized bed heat recovery heat exchangers. The selected power cycles were: organic rankine with RC-1 working fluid, turbocompound power turbine with steam injection, and stirling engine. Fuel economy improvement predictions are used in conjunction with capital cost estimates and fuel price data to determine payback times for the various cases

Deregulating Voluntary Dismissals

Federal Rule of Civil Procedure 41(a) and its state law counterparts permit, under certain circumstances, a plaintiff to voluntarily dismiss her lawsuit without prejudice. Within certain windows of opportunity, plaintiffs can take this unilateral action without the permission of the defendant or of the court, and without any conditions attached. When those windows are closed, plaintiffs can still seek dismissal with the approval of the defendant or of the court. This regime is problematic: giving plaintiffs this unilateral power is an anachronism in an age of managerial judging, and can be considerably inconvenient for defendants. Likewise, the case law has developed an unwieldy set of factors to guide trial courts in attaching conditions to the plaintiff seeking dismissal of a case. This article advances several ways to rationalize voluntary dismissals. While Federal Rule 41(a) and its state law counterparts need some refinement, this article endorses their allowing a small window of opportunity at the beginning of a suit for plaintiff to dismiss without prejudice, with no conditions attached. When that window closes, plaintiff can still obtain dismissal of her suit, either by obtaining the defendant\u27s or the court\u27s permission. With regard to the latter, the presumptive sole condition should be an award of reasonable attorneys\u27 fees from plaintiff to defendant. Among the advantages of this condition is that it is much easier to administer than the current standards, fits comfortably within the language of Rule 41(a), avoids some of the pitfalls of loser pay proposals, and in part codifies the existing practice of many courts

Teeth With Mild and Moderate Enamel Fluorosis Demonstrate Increased Caries Susceptibility In Vitro

Subjects In this laboratory study, 49 human unerupted third molars extracted for clinical reasons and classified as scores 0-4 using the Thylstrup and Fejerskov (TF) index (n = 9 for TF0, n = 10 for TF1, n = 10 for TF2, n = 10 for TF3, and n = 10 for TF4) were included. TF1-TF4 teeth were collected in Colombia, and TF0 teeth were obtained from the University of Copenhagen. Ethical approval was obtained. Key Risk/Study Factor Teeth in the study were subjected to pH cycling to induce caries lesions. Main Outcome Measure The primary outcome measure was resistance to a cariogenic challenge determined using cross-sectional microhardness. A series of indentations, starting at 10 μm below the anatomic surface down to 200 μm, were placed in the teeth using a Knoop indenter. These measurements were performed before and after pH cycling, yielding baseline and demineralization areas, both calculated “by numerical integration of the hardness vs depth values using the trapezoidal rule.” The demineralization data were then normalized for differences at baseline and a “percentage reduction” was calculated, with higher numbers being indicative of greater susceptibility to caries lesion formation. Main Results Teeth with scores of TF3 and TF4 exhibited greater susceptibility to caries lesion formation than all other teeth, with no differences being observed between unaffected teeth (TF0) and teeth with scores of TF1 and TF2. Teeth with scores of TF3 and TF4 also displayed a lower mean baseline area than those with TF1 and TF2, although not compared to TF0 teeth, indicative of greater hypomineralization. Conclusions The authors concluded that the results of their study suggest that teeth with moderate fluorosis had an increased caries susceptibility when compared to teeth with very mild or no fluorosis. They hypothesized that these differences in caries susceptibility are mainly due to dissimilarities in porosity of the enamel—in fluorotic teeth, a greater subsurface mineral area is exposed to demineralization, and deeper acid diffusion through enamel is facilitated

Observation of String Breaking in QCD

We numerically investigate the transition of the static quark-antiquark string into a static-light meson-antimeson system. Improving noise reduction techniques, we are able to resolve the signature of string breaking dynamics for n_f=2 lattice QCD at zero temperature. This result can be related to properties of quarkonium systems. We also study short-distance interactions between two static-light mesons.Comment: 27 pages, 22 figures, changed decimal place of errors in 3 entries of Table, corrected reference

Method of Increasing Mass Transfer Rate of Acid Gas Scrubbing Solvents

A method of increasing the overall mass transfer rate of acid gas scrubbing solids is disclosed. Various catalyst compounds for that purpose are also disclosed