Franchisees, Consumers, and Employees: Choice and Arbitration

Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement. This Article studies common concerns associated with binding, pre-dispute arbitration agreements and evaluates their use in consumer-vendor, employee-employer, and franchisee-franchisor relationships. Having introduced concepts relevant throughout the Article, the Article in Part I studies contractual arbitration as a form of alternative dispute resolution for transactional disputes between consumers and vendors. It examines industry self-regulation, due process, consumer salience, and forum accessibility including online dispute resolution, among other matters. Part II evaluates concerns about unfairness toward the less powerful party in employment arbitration, including judicial safeguards against unconscionability and the proposed Forced Arbitration Injustice Repeal Act (the FAIR Act), while Part III critically examines bargaining power disparities between franchisees and franchisors. Based on a comprehensive review of available data and literature, this Article finds that, while the most charitable interpretations by arbitration proponents are untenable, some measured but broadly supportive arguments for contractual arbitration can be persuasive. Although unchecked bargaining power disparities are rightfully concerning and should be addressed, contractual arbitration can nonetheless play a useful role in relational contracts

Simulation of Micro-Electronic FlowFET Systems

A microelectronic fluidic system has been investigated by modeling and 3D simulation of fluid flow controlled by an applied gate voltage. The simulations have helped to characterize a novel FlowFET (a fluidic Field Effect Transistor) device under fault-free conditions. The FlowFET operates by applying a voltage field from a gate electrode in the insulated side wall of a microchannel to modulate the ␣-potential at the shear plane [1]. The change in ␣-potential can be used to control both the magnitude and direction of the electroosmotic flow in the microchannel

Word-level Symbolic Trajectory Evaluation

Symbolic trajectory evaluation (STE) is a model checking technique that has been successfully used to verify industrial designs. Existing implementations of STE, however, reason at the level of bits, allowing signals to take values in {0, 1, X}. This limits the amount of abstraction that can be achieved, and presents inherent limitations to scaling. The main contribution of this paper is to show how much more abstract lattices can be derived automatically from RTL descriptions, and how a model checker for the general theory of STE instantiated with such abstract lattices can be implemented in practice. This gives us the first practical word-level STE engine, called STEWord. Experiments on a set of designs similar to those used in industry show that STEWord scales better than word-level BMC and also bit-level STE.Comment: 19 pages, 3 figures, 2 tables, full version of paper in International Conference on Computer-Aided Verification (CAV) 201

The Quantum Mechanics of Hyperion

This paper is motivated by the suggestion [W. Zurek, Physica Scripta, T76, 186 (1998)] that the chaotic tumbling of the satellite Hyperion would become non-classical within 20 years, but for the effects of environmental decoherence. The dynamics of quantum and classical probability distributions are compared for a satellite rotating perpendicular to its orbital plane, driven by the gravitational gradient. The model is studied with and without environmental decoherence. Without decoherence, the maximum quantum-classical (QC) differences in its average angular momentum scale as hbar^{2/3} for chaotic states, and as hbar^2 for non-chaotic states, leading to negligible QC differences for a macroscopic object like Hyperion. The quantum probability distributions do not approach their classical limit smoothly, having an extremely fine oscillatory structure superimposed on the smooth classical background. For a macroscopic object, this oscillatory structure is too fine to be resolved by any realistic measurement. Either a small amount of smoothing (due to the finite resolution of the apparatus) or a very small amount of environmental decoherence is sufficient ensure the classical limit. Under decoherence, the QC differences in the probability distributions scale as (hbar^2/D)^{1/6}, where D is the momentum diffusion parameter. We conclude that decoherence is not essential to explain the classical behavior of macroscopic bodies.Comment: 17 pages, 24 figure

DA495 - an aging pulsar wind nebula

We present a radio continuum study of the pulsar wind nebula (PWN) DA 495 (G65.7+1.2), including images of total intensity and linear polarization from 408 to 10550 MHz based on the Canadian Galactic Plane Survey and observations with the Effelsberg 100-m Radio Telescope. Removal of flux density contributions from a superimposed \ion{H}{2} region and from compact extragalactic sources reveals a break in the spectrum of DA 495 at 1.3 GHz, with a spectral index ${\alpha}={-0.45 \pm 0.20}$ below the break and ${\alpha}={-0.87 \pm 0.10}$ above it (${S}_\nu \propto{\nu^{\alpha}}$). The spectral break is more than three times lower in frequency than the lowest break detected in any other PWN. The break in the spectrum is likely the result of synchrotron cooling, and DA 495, at an age of $\sim$20,000 yr, may have evolved from an object similar to the Vela X nebula, with a similarly energetic pulsar. We find a magnetic field of $\sim$1.3 mG inside the nebula. After correcting for the resulting high internal rotation measure, the magnetic field structure is quite simple, resembling the inner part of a dipole field projected onto the plane of the sky, although a toroidal component is likely also present. The dipole field axis, which should be parallel to the spin axis of the putative pulsar, lies at an angle of {\sim}50\degr east of the North Celestial Pole and is pointing away from us towards the south-west. The upper limit for the radio surface brightness of any shell-type supernova remnant emission around DA 495 is $\Sigma_{1 GHz} \sim 5.4 \times 10^{-23}$ OAWatt m$^{-2}$ Hz$^{-1}$ sr$^{-1}$ (assuming a radio spectral index of $\alpha = -0.5$), lower than the faintest shell-type remnant known to date.Comment: 25 pages, accepted by Ap

Information-theoretic equilibration: the appearance of irreversibility under complex quantum dynamics

The question of how irreversibility can emerge as a generic phenomena when the underlying mechanical theory is reversible has been a long-standing fundamental problem for both classical and quantum mechanics. We describe a mechanism for the appearance of irreversibility that applies to coherent, isolated systems in a pure quantum state. This equilibration mechanism requires only an assumption of sufficiently complex internal dynamics and natural information-theoretic constraints arising from the infeasibility of collecting an astronomical amount of measurement data. Remarkably, we are able to prove that irreversibility can be understood as typical without assuming decoherence or restricting to coarse-grained observables, and hence occurs under distinct conditions and time-scales than those implied by the usual decoherence point of view. We illustrate the effect numerically in several model systems and prove that the effect is typical under the standard random-matrix conjecture for complex quantum systems.Comment: 15 pages, 7 figures. Discussion has been clarified and additional numerical evidence for information theoretic equilibration is provided for a variant of the Heisenberg model as well as one and two-dimensional random local Hamiltonian

The Large and Small Scale Structures of Dust in the Star-Forming Perseus Molecular Cloud

We present an analysis of ~3.5 square degrees of submillimetre continuum and extinction data of the Perseus molecular cloud. We identify 58 clumps in the submillimetre map and we identify 39 structures (`cores') and 11 associations of structures (`super cores') in the extinction map. The cumulative mass distributions of the submillimetre clumps and extinction cores have steep slopes (alpha ~ 2 and 1.5 - 2 respectively), steeper than the Salpeter IMF (alpha = 1.35), while the distribution of extinction super cores has a shallow slope (alpha ~ 1). Most of the submillimetre clumps are well fit by stable Bonnor-Ebert spheres with 10K < T < 19K and 5.5 < log_10(P_ext/k) < 6.0. The clumps are found only in the highest column density regions (A_V > 5 - 7 mag), although Bonnor-Ebert models suggest that we should have been able to detect them at lower column densities if they exist. These observations provide a stronger case for an extinction threshold than that found in analysis of less sensitive observations of the Ophiuchus molecular cloud. The relationship between submillimetre clumps and their parent extinction core has been analyzed. The submillimetre clumps tend to lie offset from the larger extinction peaks, suggesting the clumps formed via an external triggering event, consistent with previous observations.Comment: 38 pages, 12 figures, accepted by Astrophysical Journal slight changes to original due to a slight 3" error in the coordinates of the SCUBA ma