Make Him an Offer He Can’t Refuse: The Concerning Practice That Effectively Ends Collective Litigation and How to Fix It (Without the Supreme Court)

In certain American jurisdictions, collective action lawsuits are severely limited through rules that enable a defendant to make a settlement offer worth the entirety of the plaintiff’s damages and thus moot his or her claim, regardless of whether the offer is accepted. In collective litigation, if the settlement offer is made prior to a motion for class certification, the defendant may end the litigation with minimal costs for the defendant, but with minimal justice for the represented class. This practice of mooting collective actions prior to a motion for class certification leaves the class without a representative, case, or settlement money, effectively ending collective litigation as an avenue of justice. Eliminating collective litigation takes an essential tool out of the hands of individuals seeking to enforce their rights against powerful and unified defendants in areas such as civil rights, environmental justice, and employment law. This Note advocates for either the U.S. Supreme Court to remedy this issue through its jurisprudence or for an amendment to the Federal Rules of Civil Procedure to prevent courts from mooting collective cases with unaccepted settlement offers prior to class certification, either through the traditional rulemaking process or through legislative action

Better Know a District: \u3cem\u3eSuesz v. Med-1 Solutions, L.L.C.\u3c/em\u3e and Debt Collection in Localized Small Claims Court Districts

In 2012, a debt collector, Med-1 Solutions, won a judgment against Mark Suesz in Pike Township Small Claims Court for unpaid debt that arose in Lawrence Township, Indiana. Suesz, a resident of Hancock County, sued Med-1 for a violation of the Fair Debt Collection Practices Act, which requires small claims suits to be brought in the same “judicial district or similar legal entity” where the debtor lives or where the debt originated. In Suesz v. Med-1 Solutions, L.L.C., the U.S. Court of Appeals for the Seventh Circuit, sitting en banc, ruled in favor of Suesz and held that Pike Township Small Claims Court was a separate “judicial district or similar legal entity” from Lawrence Township, making Med-1’s original suit illegal. This Comment argues in favor of the en banc majority’s interpretation because it (1) incorporated the flexibility that Congress inserted within the statute, (2) allowed states to customize their judicial system to meet their residents’ needs, and (3) most importantly, prevented debt collectors from using the localized courts as a weapon against debtors

Buckling transitions and clock order of two-dimensional Coulomb crystals

Crystals of repulsively interacting ions in planar traps form hexagonal lattices, which undergo a buckling instability towards a multi-layer structure as the transverse trap frequency is reduced. Numerical and experimental results indicate that the new structure is composed of three planes, whose separation increases continuously from zero. We study the effects of thermal and quantum fluctuations by mapping this structural instability to the six-state clock model. A prominent implication of this mapping is that at finite temperature, fluctuations split the buckling instability into two thermal transitions, accompanied by the appearance of an intermediate critical phase. This phase is characterized by quasi-long-range order in the spatial tripartite pattern. It is manifested by broadened Bragg peaks at new wave vectors, whose line-shape provides a direct measurement of the temperature dependent exponent $\eta(T)$ characteristic of the power-law correlations in the critical phase. A quantum phase transition is found at the largest value of the critical transverse frequency: here the critical intermediate phase shrinks to zero. Moreover, within the ordered phase, we predict a crossover from classical to quantum behavior, signifying the emergence of an additional characteristic scale for clock order. We discuss experimental realizations with trapped ions and polarized dipolar gases, and propose that within accessible technology, such experiments can provide a direct probe of the rich phase diagram of the quantum clock model, not easily observable in condensed matter analogues. Therefore, this works highlights the potential for ionic and dipolar systems to serve as simulators for complex models in statistical mechanics and condensed matter physics.Comment: 18 pages, 3 figure

The Effects of Opiod and Benzodiazepine Weaning on Cognitive Ability in the Context of a Chronic Pain Rehabilitation Program

Pain is a component of many disease processes however in some cases, when pain becomes a chronic condition it can become the problem itself. It can be a debilitating condition which is emotionally and economically costly to the individual, his or her family, and societies as a whole. Theories of pain have evolved over the last several decades to incorporate a Biopsychosocial Model of Pain. The biological portion of the model relies on The Gate Control Theory of Pain, although some emerging research points to a Neuromatrix model. As is suggested by the term, Biopsychosocial Model of Pain, the biologic basis of pain is only a part of the overall phenomenon. The experience of pain relies on many subjective, individual and environmental factors. Similarly the treatment of pain has evolved to encompass multiple dimensions of the phenomena of pain. The predominant model of Interdisciplinary Treatment encompasses seven areas: Medication Education Psychophysiologic Pain and Stress Management Individual and Group Psychotherapy Physical and Occupational Therapy Behavior Modification and Family Therapy. While classically medication with opioid analgesics and benzodiazepines has been a mainstay of treatment, they have recently been the source of considerable debate. Some research and practitioners suggest that these medications may hinder a patient\u27s progress in treatment and reduce or inhibit their functioning overall and contribute to their pain. The exact nature of the relationship to neurocognitive functioning is still the source of considerable debate. This paper examines the relationship of two classes of medication: opioids and benzodiazepines to neurocognitive functioning as measured by two subtests of the WAIS-R (Digit Span and Digit-Symbol Substitution Test) in a Cleveland, OH pain rehabilitation clinic populatio

The customer isn\u27t always right: Limitations of \u27customer service\u27 approaches to education or why Higher Ed is not Burger King

The increasingly popular trend of conceptualising education in terms of \u27customer service\u27 is, in some ways, attractive. It encourages educators to think in terms of meeting students\u27 needs and to develop innovative ways to deliver their product. In other ways, however, it fails to convey the essential collaborative, participatory, reciprocal relationship that is central to effective teaching and learning. With respect to academic integrity, the customer service model also obscures students\u27 roles and responsibilities. In this paper, we identify some of the ways this model provides an inappropriate metaphor for understanding the project of teaching and learning (i.e., education) and argue that, when embraced uncritically, the model has the potential both to undermine education and at the same time derail efforts to develop and sustain a culture of integrity. After identifying this model\u27s shortcomings, we suggest ways to develop and promote a more robust model in which faculty and students work together toward a shared purpose while recognising and embracing their interlocking responsibilities

From classical to quantum criticality

We study the crossover from classical to quantum phase transitions at zero temperature within the framework of $\phi^4$ theory. The classical transition at zero temperature can be described by the Landau theory, turning into a quantum Ising transition with the addition of quantum fluctuations. We perform a calculation of the transition line in the regime where the quantum fluctuations are weak. The calculation is based on a renormalization group analysis of the crossover between classical and quantum transitions, and is well controlled even for space-time dimensionality $D$ below 4. In particular, for $D=2$ we obtain an analytic expression for the transition line which is valid for a wide range of parameters, as confirmed by numerical calculations based on the Density Matrix Renormalization Group. This behavior could be tested by measuring the phase diagram of the linear-zigzag instability in systems of trapped ions or repulsively-interacting dipoles.Comment: 7 pages, 3 figure

The mitochondrial Na+/Ca2+ exchanger upregulates glucose dependent Ca2+ signalling linked to insulin secretion.

Mitochondria mediate dual metabolic and Ca(2+) shuttling activities. While the former is required for Ca(2+) signalling linked to insulin secretion, the role of the latter in β cell function has not been well understood, primarily because the molecular identity of the mitochondrial Ca(2+) transporters were elusive and the selectivity of their inhibitors was questionable. This study focuses on NCLX, the recently discovered mitochondrial Na(+)/Ca(2+) exchanger that is linked to Ca(2+) signalling in MIN6 and primary β cells. Suppression either of NCLX expression, using a siRNA construct (siNCLX) or of its activity, by a dominant negative construct (dnNCLX), enhanced mitochondrial Ca(2+) influx and blocked efflux induced by glucose or by cell depolarization. In addition, NCLX regulated basal, but not glucose-dependent changes, in metabolic rate, mitochondrial membrane potential and mitochondrial resting Ca(2+). Importantly, NCLX controlled the rate and amplitude of cytosolic Ca(2+) changes induced by depolarization or high glucose, indicating that NCLX is a critical and rate limiting component in the cross talk between mitochondrial and plasma membrane Ca(2+) signalling. Finally, knockdown of NCLX expression was followed by a delay in glucose-dependent insulin secretion. These findings suggest that the mitochondrial Na(+)/Ca(2+) exchanger, NCLX, shapes glucose-dependent mitochondrial and cytosolic Ca(2+) signals thereby regulating the temporal pattern of insulin secretion in β cells

A Statistical and Dynamic Modeling Analysis of Phytoplankton Changes in Saginaw Bay, Lake Huron During the Zebra Mussel Invasion

The introduction of the invasive freshwater bivalve Dreissena polymorpha altered the lower trophic levels of many North American aquatic ecosystems. In Saginaw Bay, zebra mussels became established during the late summer and fall of 1991, causing environmental changes and economic losses. Seven years of monitoring data characterizing the lower trophic levels of Saginaw Bay before, during, and after the zebra mussel invasion were collected between 1990-1996 by the National Oceanic and Atmospheric Administration Great Lakes Environmental Research Laboratory. In this study, I investigated shifts in the phytoplankton community composition over the sevenyear period. Using multivariate statistics and a clustering analysis, five distinct phytoplankton assemblages were identified. Major shifts in community composition were identified in 1) the fall of 1991, 2) 1992-1993, and 3) the summer of 1994. A dynamic ecosystem model coupled to a zebra mussel bioenergetics model was used to analyze the forces driving these changes. After successfully calibrating the model to 1991 conditions, test scenarios were run to identify important zebra mussel mediated alterations to the phytoplankton community of inner Saginaw Bay. In addition to the direct filtration of phytoplankton, clearing of the water column and recycle of phosphorus were identified as causal mechanisms in the observed changes in the phytoplankton community composition. This study suggests that both direct (filtration) and indirect (nutrient cycling) mechanisms are important in understanding the long-term changes in the phytoplankton of Saginaw Bay induced by zebra mussels. This work describing the changes in an aquatic ecosystem resulting from the introduction of an invasive species is important for both ecosystem management and advancing the basic understanding of ecosystem response to disturbance.Master of ScienceNatural Resources and EnvironmentUniversity of Michiganhttp://deepblue.lib.umich.edu/bitstream/2027.42/60336/1/Fishman_Thesis_Final.pd

Ultraviolet and yellow reflectance but not fluorescence is important for visual discrimination of conspecifics by Heliconius erato

Toxic Heliconius butterflies have yellow hindwing bars that – unlike those of their closest relatives – reflect ultraviolet (UV) and long wavelength light, and also fluoresce. The pigment in the yellow scales is 3-hydroxy-DL-kynurenine (3-OHK), which is found in the hair and scales of a variety of animals. In other butterflies like pierids with color schemes characterized by independent sources of variation in UV and human-visible yellow/orange, behavioral experiments have generally implicated the UV component as most relevant to mate choice. This has not been addressed in Heliconius butterflies, where variation exists in analogous color components, but moreover where fluorescence due to 3-OHK could also contribute to yellow wing coloration. In addition, the potential cost due to predator visibility is largely unknown for the analogous well-studied pierid butterfly species. In field studies with butterfly paper models, we show that both UV and 3-OHK yellow act as signals for H. erato when compared with models lacking UV or resembling ancestral Eueides yellow, respectively, but attack rates by birds do not differ significantly between the models. Furthermore, measurement of the quantum yield and reflectance spectra of 3-OHK indicates that fluorescence does not contribute to the visual signal under broad-spectrum illumination. Our results suggest that the use of 3-OHK pigmentation instead of ancestral yellow was driven by sexual selection rather than predation