Sanctions for E-Discovery Violations: By the Numbers

This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against counsel are rare but are also increasing Sanction motions have been filed in all types of cases and in courts across the country Failure to produce ESI is the most common basis for sanctions Courts have used a variety of different rules, statutes, and powers to sanction parties for e-disco very violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default Judgment, adverse jury instructions, and sizeable monetary awards Rule 37(e) has not provided broad protection from such sanction

Sanctions for E-Discovery Violations: By the Numbers

This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against counsel are rare but are also increasing Sanction motions have been filed in all types of cases and in courts across the country Failure to produce ESI is the most common basis for sanctions Courts have used a variety of different rules, statutes, and powers to sanction parties for e-disco very violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default Judgment, adverse jury instructions, and sizeable monetary awards Rule 37(e) has not provided broad protection from such sanction

A Biological Approach to Understanding Resistance to Apology, Forgiveness, and Reconciliation in Group Conflict

This article introduces a biological approach to understanding resistance to apology, forgiveness, and reconciliation in intergroup conflict. To start with, reconciliation takes place at the level of the individual. To understand resistance to group reconciliation, one must understand why individuals resist reconciliation. In turn, one must understand how membership in the group affects individual resistance. This article first examines the behaviors that promote or discourage reconciliation. Using evolutionary biology and game theory, we illustrate how the strategic dynamics of dyadic interaction tend to favor these behaviors and derive a schema relevant to a reconciliatory cycle. We then explore how the distinct context of intra- and intergroup conflict reinforces these behaviors. Finally, we identify those barriers to individual reconciliation that result from the strategic dynamics of social group architectures, particularly those that differ from the ancestral social architecture within which individual behavior has evolved. We conclude with a brief application of this conceptual approach to truth and reconciliation commissions

Using a Guided-Inquiry Approach To Teach Michaelis–Menten Kinetics

Although kinetics forms a foundational part of the chemical curriculum, laboratory experiences with the subject are often limited and lack relevance to the actual practice of chemistry. Presented is an inquiry-based lab focused on Michaelis–Menten kinetics, implemented in an upper-level, university physical chemistry laboratory. Student learning was assessed over the course of three years via a pre- and post-test scheme that evaluated student understanding of Michaelis–Menten concepts and experimental design. Results indicate improvement in both domains, in line with previous results in the inquiry-based laboratory literature

Weyl Card Diagrams and New S-brane Solutions of Gravity

We construct a new card diagram which accurately draws Weyl spacetimes and represents their global spacetime structure, singularities, horizons and null infinity. As examples we systematically discuss properties of a variety of solutions including black holes as well as recent and new time-dependent gravity solutions which fall under the S-brane class. The new time-dependent Weyl solutions include S-dihole universes, infinite arrays and complexified multi-rod solutions. Among the interesting features of these new solutions is that they have near horizon scaling limits and describe the decay of unstable objects.Comment: 78 pages, 32 figures. v2 added referenc

Composition and energy spectra of cosmic ray nuclei above 500 GeV/nucleon from the JACEE emulsion chambers

The composition and energy spectra of charge groups (C - 0), (Ne - S), and (Z approximately 17) above 500 GeV/nucleon from the experiments of JACEE series balloonborne emulsion chambers are reported. Studies of cosmic ray elemental composition at higher energies provide information on propagation through interstellar space, acceleration mechanisms, and their sources. One of the present interests is the elemental composition at energies above 100 GeV/nucleon. Statistically sufficient data in this energy region can be decisive in judgment of propagation models from the ratios of SECONDARY/PRIMARY and source spectra (acceleration mechanism), as well as speculative contributions of different sources from the ratios of PRIMARY/PRIMARY. At much higher energies, i.e., around 10 to the 15th power eV, data from direct observation will give hints on the knee problem, as to whether they favor an escape effect possibly governed by magnetic rigidity above 10 to the 16th power eV

Radiculopathy and myelopathy at segments adjacent to the site of a previous anterior cervical arthrodesis.

BACKGROUND: We studied the incidence, prevalence, and radiographic progression of symptomatic adjacent-segment disease, which we defined as the development of new radiculopathy or myelopathy referable to a motion segment adjacent to the site of a previous anterior arthrodesis of the cervical spine. METHODS: A consecutive series of 374 patients who had a total of 409 anterior cervical arthrodeses for the treatment of cervical spondylosis with radiculopathy or myelopathy, or both, were followed for a maximum of twenty-one years after the operation. The annual incidence of symptomatic adjacent-segment disease was defined as the percentage of patients who had been disease-free at the start of a given year of follow-up in whom new disease developed during that year. The prevalence was defined as the percentage of all patients in whom symptomatic adjacent-segment disease developed within a given period of follow-up. The natural history of the disease was predicted with use of a Kaplan-Meier survivorship analysis. The hypothesis that new disease at an adjacent level is more likely to develop following a multilevel arthrodesis than it is following a single-level arthrodesis was tested with logistic regression. RESULTS: Symptomatic adjacent-segment disease occurred at a relatively constant incidence of 2.9 percent per year (range, 0.0 to 4.8 percent per year) during the ten years after the operation. Survivorship analysis predicted that 25.6 percent of the patients (95 percent confidence interval, 20 to 32 percent) who had an anterior cervical arthrodesis would have new disease at an adjacent level within ten years after the operation. There were highly significant differences among the motion segments with regard to the likelihood of symptomatic adjacent-segment disease (p CONCLUSIONS: Symptomatic adjacent-segment disease may affect more than one-fourth of all patients within ten years after an anterior cervical arthrodesis. A single-level arthrodesis involving the fifth or sixth cervical vertebra and preexisting radiographic evidence of degeneration at adjacent levels appear to be the greatest risk factors for new disease. Therefore, we believe that all degenerated segments causing radiculopathy or myelopathy should be included in an anterior cervical arthrodesis. Although our findings suggest that symptomatic adjacent-segment disease is the result of progressive spondylosis, patients should be informed of the substantial possibility that new disease will develop at an adjacent level over the long term

Characteristics of central collision events in Fe-nucleus interactions for 20 - 60 GeV/nucleon

A counter emulsion hybrid chamber in Japanese-American Cooperative Emulsion Experiment (JACEE-3) was flown on a balloon at the altitude (5.4 g/sq cm) in 1982 with the objective of probing the heavy nuclear collisions above 20 GeV per nucleon. In the energy region, it is suggested that nucleus-nucleus collisions provide dense collisions complex through compression and secondary particle production. In the lower energy region, an evidence of collective flow has been reported. And also, at higher energy region, it has been argued that nucleus has rather large stopping power. In this paper, the high multiplicity characteristics of Fe nucleus central collisions with energies 20 to 50 GeV/nucleon are presented. This is considered to be relevant to compressibility and collective flow of nuclear matter

Primary cosmic ray spectra in the range 20-60 GeV/n

Energy spectra for primary cosmic rays C-Fe above 20 GeV/n were measured on a balloon flight from Greenville S.C. in June 1982 with a hybrid electronic counter-emulsion chamber experiment. Fluxes above the atmosphere appear in general agreement with previously published values. The heavy events included in this data will be used along with the JACEE passive chamber data to provide a heavy composition direct measurement from 10 to the 12th power to approximately 10 to the 15th power eV total energy