Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts in Employment Litigation?

The purpose of the Americans with Disabilities Act Amendments Act (“ADAAA”) was to restructure and clarify the definition of the legal term “disability” in the Americans with Disabilities Act of 1990 (“ADA”). One of the three prongs of the ADA’s definition of disability is “a physical or mental impairment that substantially limits one or more major life activities of such individual.” The ADAAA was the result of a compromise reached after thirteen weeks of negotiations between representatives of the business and disabilities communities over its provisions. Like many other compromises, the ADAAA did not leave either side fully satisfied. Almost from its inception, the ADAAA has been a target for legal scholars on both sides of the partisan divide. Some commenters have argued that the law did not go far enough in protecting access to the courts for people with disabilities, and others have argued that the law went too far and would unleash a flood of frivolous litigation. Although the ADAAA has so far met any reasonable expectation for success from a policy standpoint, there are still issues regarding its implementation. This Article reviews selected employment litigation cases since the implementation of the ADAAA and determines whether courts have been able to apply the changes to the major life activity standard in an effective and reasonable manner. It also discusses the historical background of the ADAAA and the ongoing attempts to find or create new major life activities, the new bodily functions amendments to the major life activity standard, and the Equal Employment Opportunity Commission (“EEOC”) guidance that classifies some impairments as being “predictable assessments” for disabilities. This Article also provides an empirical study of ADA cases and the competing scholarly perspectives as to whether the ADAAA has gone too far, or not far enough, in terms of who should or should not be covered, and examines whether experience has proven or disproven the various claims made by scholars, and the unintended consequences of the law’s implementation

Fermi Large Area Telescope Gamma-Ray Detection of the Radio Galaxy M87

We report the Fermi-LAT discovery of high-energy (MeV/GeV) gamma-ray emission positionally consistent with the center of the radio galaxy M87, at a source significance of over 10 sigma in ten-months of all-sky survey data. Following the detections of Cen A and Per A, this makes M87 the third radio galaxy seen with the LAT. The faint point-like gamma-ray source has a >100 MeV flux of 2.45 (+/- 0.63) x 10^-8 ph cm^-2 s^-1 (photon index = 2.26 +/- 0.13) with no significant variability detected within the LAT observation. This flux is comparable with the previous EGRET upper limit (< 2.18 x 10^-8 ph cm^-2 s^-1, 2 sigma), thus there is no evidence for a significant MeV/GeV flare on decade timescales. Contemporaneous Chandra and VLBA data indicate low activity in the unresolved X-ray and radio core relative to previous observations, suggesting M87 is in a quiescent overall level over the first year of Fermi-LAT observations. The LAT gamma-ray spectrum is modeled as synchrotron self-Compton (SSC) emission from the electron population producing the radio-to-X-ray emission in the core. The resultant SSC spectrum extrapolates smoothly from the LAT band to the historical-minimum TeV emission. Alternative models for the core and possible contributions from the kiloparsec-scale jet in M87 are considered, and can not be excluded.Comment: ApJ, accepted, 6 pages, 4 figures. Corresponding authors: C.C. Cheung, W. McConvill

Hunt for new phenomena using large jet multiplicities and missing transverse momentum with ATLAS in 4.7 fb−1 of s√=7TeV proton-proton collisions

Results are presented of a search for new particles decaying to large numbers of jets in association with missing transverse momentum, using 4.7 fb−1 of pp collision data at s√=7TeV collected by the ATLAS experiment at the Large Hadron Collider in 2011. The event selection requires missing transverse momentum, no isolated electrons or muons, and from ≥6 to ≥9 jets. No evidence is found for physics beyond the Standard Model. The results are interpreted in the context of a MSUGRA/CMSSM supersymmetric model, where, for large universal scalar mass m 0, gluino masses smaller than 840 GeV are excluded at the 95% confidence level, extending previously published limits. Within a simplified model containing only a gluino octet and a neutralino, gluino masses smaller than 870 GeV are similarly excluded for neutralino masses below 100 GeV

Single hadron response measurement and calorimeter jet energy scale uncertainty with the ATLAS detector at the LHC

The uncertainty on the calorimeter energy response to jets of particles is derived for the ATLAS experiment at the Large Hadron Collider (LHC). First, the calorimeter response to single isolated charged hadrons is measured and compared to the Monte Carlo simulation using proton-proton collisions at centre-of-mass energies of sqrt(s) = 900 GeV and 7 TeV collected during 2009 and 2010. Then, using the decay of K_s and Lambda particles, the calorimeter response to specific types of particles (positively and negatively charged pions, protons, and anti-protons) is measured and compared to the Monte Carlo predictions. Finally, the jet energy scale uncertainty is determined by propagating the response uncertainty for single charged and neutral particles to jets. The response uncertainty is 2-5% for central isolated hadrons and 1-3% for the final calorimeter jet energy scale.Comment: 24 pages plus author list (36 pages total), 23 figures, 1 table, submitted to European Physical Journal

Measurements of Higgs boson production and couplings in diboson final states with the ATLAS detector at the LHC

Measurements are presented of production properties and couplings of the recently discovered Higgs boson using the decays into boson pairs, H →γ γ, H → Z Z∗ →4l and H →W W∗ →lνlν. The results are based on the complete pp collision data sample recorded by the ATLAS experiment at the CERN Large Hadron Collider at centre-of-mass energies of √s = 7 TeV and √s = 8 TeV, corresponding to an integrated luminosity of about 25 fb−1. Evidence for Higgs boson production through vector-boson fusion is reported. Results of combined fits probing Higgs boson couplings to fermions and bosons, as well as anomalous contributions to loop-induced production and decay modes, are presented. All measurements are consistent with expectations for the Standard Model Higgs boson

Standalone vertex finding in the ATLAS muon spectrometer

A dedicated reconstruction algorithm to find decay vertices in the ATLAS muon spectrometer is presented. The algorithm searches the region just upstream of or inside the muon spectrometer volume for multi-particle vertices that originate from the decay of particles with long decay paths. The performance of the algorithm is evaluated using both a sample of simulated Higgs boson events, in which the Higgs boson decays to long-lived neutral particles that in turn decay to bbar b final states, and pp collision data at √s = 7 TeV collected with the ATLAS detector at the LHC during 2011

Measurement of the top quark-pair production cross section with ATLAS in pp collisions at \sqrt{s}=7\TeV

A measurement of the production cross-section for top quark pairs(\ttbar) in $pp$ collisions at \sqrt{s}=7 \TeV is presented using data recorded with the ATLAS detector at the Large Hadron Collider. Events are selected in two different topologies: single lepton (electron $e$ or muon $\mu$) with large missing transverse energy and at least four jets, and dilepton ($ee$, $\mu\mu$ or $e\mu$) with large missing transverse energy and at least two jets. In a data sample of 2.9 pb-1, 37 candidate events are observed in the single-lepton topology and 9 events in the dilepton topology. The corresponding expected backgrounds from non-\ttbar Standard Model processes are estimated using data-driven methods and determined to be $12.2 \pm 3.9$ events and $2.5 \pm 0.6$ events, respectively. The kinematic properties of the selected events are consistent with SM \ttbar production. The inclusive top quark pair production cross-section is measured to be \sigmattbar=145 \pm 31 ^{+42}_{-27} pb where the first uncertainty is statistical and the second systematic. The measurement agrees with perturbative QCD calculations.Comment: 30 pages plus author list (50 pages total), 9 figures, 11 tables, CERN-PH number and final journal adde

Measurement of the top quark pair cross section with ATLAS in pp collisions at √s=7 TeV using final states with an electron or a muon and a hadronically decaying τ lepton

A measurement of the cross section of top quark pair production in proton-proton collisions recorded with the ATLAS detector at the Large Hadron Collider at a centre-of-mass energy of 7 TeV is reported. The data sample used corresponds to an integrated luminosity of 2.05 fb -1. Events with an isolated electron or muon and a τ lepton decaying hadronically are used. In addition, a large missing transverse momentum and two or more energetic jets are required. At least one of the jets must be identified as originating from a b quark. The measured cross section, σtt-=186±13(stat.)±20(syst.)±7(lumi.) pb, is in good agreement with the Standard Model prediction

Measurement of the production cross section for W-bosons in association with jets in pp collisions at s=7 TeV with the ATLAS detector

This Letter reports on a first measurement of the inclusive W + jets cross section in proton-proton collisions at a centre-of-mass energy of 7 TeV at the LHC, with the ATLAS detector. Cross sections, in both the electron and muon decay modes of the W-boson, are presented as a function of jet multiplicity and of the transverse momentum of the leading and next-to-leading jets in the event. Measurements are also presented of the ratio of cross sections sigma (W + >= n)/sigma(W + >= n - 1) for inclusive jet multiplicities n = 1-4. The results, based on an integrated luminosity of 1.3 pb(-1), have been corrected for all known detector effects and are quoted in a limited and well-defined range of jet and lepton kinematics. The measured cross sections are compared to particle-level predictions based on perturbative QCD. Next-to-leading order calculations, studied here for n <= 2, are found in good agreement with the data. Leading-order multiparton event generators, normalized to the NNLO total cross section, describe the data well for all measured jet multiplicitie