The Filing and Briefing of Cross-Motions in State and Federal Court

Misunderstandings regarding the definition of a crossmotion often lead to problems during the filing and briefing of cross-motions in state and federal courts. This article focuses on defining and illustrating the elements of a proper cross-motion, identifying and illustrating common problems caused by the filing and briefing of improper crossmotions, and offering solutions to those problems. As most commonly understood by judges and practitioners, a cross-motion in state or federal court possesses three elements: (1) it is filed against the originally moving party; (2) it is filed by a party against whom the original motion was filed; and (3) it requests an order similar to that requested by the originally moving party against the cross-moving party. Common problems posed by the filing and briefing of improper cross-motions in state and federal court include (1) a violation of the action’s motion-filing deadline, (2) a violation of the court’s proscription against the filing of replies on cross-motions, (3) a violation of the court’s proscription against the filing of sur-replies on dispositive motions, and (4) a violation of the court’s page limitation on memoranda of law. Possible solutions to those common problems include (1) filing a motion before the opposing party files its motion, (2) requesting leave to depart from the action’s scheduling order or the court’s local rules, (3) moving to strike the improper cross-motion, and (4) in the context of pleading amendments, filing a timely amended complaint rather than a cross-motion for leave to file an amended complaint in response to a motion to dismiss for failure to state a claim

Long-Term Effects of Alternative Group Selection Harvesting Designs on Stand Production

Interest in group selection harvesting has increased in recent years because of limitations associated with both clearcutting and single-tree selection. Field data have suggested that group selection openings can have higher production rates than single-tree gaps, but whether this translates into higher production rates at the stand level is not clear. We used CANOPY, a crown-based northern hardwoods model calibrated with data from uneven-aged and even-aged stands, to simulate sustainable harvest volumes of a number of different group selection approaches over 300 years, and also compared results with those from single-tree selection and clearcutting. When a combination of single-tree and group selection was used with groups making up 3% of the stand area per cutting cycle, net harvestable production rates were similar to those of single-tree selection, and opening size (100-4000m2) had little effect on production rates. As the percentage of the matrix in groups increased from 1 to 9% per cutting cycle, production actually showed a small but consistent decline of about 6 to 7%. When group selection was used alone with no cutting between the groups, production rates varied considerably depending on opening size and rotation age. Small group selection (200 m2) had production rates similar to or slightly higher than single-tree selection, whereas 2000 m2 openings resulted in a production declines of 30 to 35%. Large patch sizes appear to have relatively low net production because of unsalvaged mortality. Similar trends were observed in unthinned even-aged stands compared to those thinned at 15-yr intervals. Although our results confirmed that trees in even-aged stands are more efficient producers than those in uneven-aged stands, there appear to be countervailing tendencies that reduce production rates in large single-cohort patches, including a lag time during the first few decades when production rates of merchantable volume in large openings are very low

Ground State Wave Function of the Schr\"odinger Equation in a Time-Periodic Potential

Using a generalized transfer matrix method we exactly solve the Schr\"odinger equation in a time periodic potential, with discretized Euclidean space-time. The ground state wave function propagates in space and time with an oscillating soliton-like wave packet and the wave front is wedge shaped. In a statistical mechanics framework our solution represents the partition sum of a directed polymer subjected to a potential layer with alternating (attractive and repulsive) pinning centers.Comment: 11 Pages in LaTeX. A set of 2 PostScript figures available upon request at [email protected] . Physical Review Letter

Pattern contrast influences wariness in naïve predators towards aposematic patterns

An apparent and common feature of aposematic patterns is that they contain a high level of achromatic (luminance) contrast, for example, many warning signals combine black spots and stripes with a lighter colour such as yellow. However, the potential importance of achromatic contrast, as distinct from colour contrast, in reducing predation has been largely overlooked. Here, using domestic chicks as a model predator, we manipulated the degree of achromatic contrast in warning patterns to test if high luminance contrast in aposematic signals is important for deterring naïve predators. We found that the chicks were less likely to approach and eat prey with high contrast compared to low contrast patterns. These findings suggest that aposematic prey patterns with a high luminance contrast can benefit from increased survival through eliciting unlearned biases in naïve avian predators. Our work also highlights the importance of considering luminance contrast in future work investigating why aposematic patterns take the particular forms that they do.</p

A computational neuroscience framework for quantifying warning signals

Animal warning signals show remarkable diversity, yet subjectively appear to share certain visual features that make defended prey stand out and look different from more cryptic palatable species. For example, many (but far from all) warning signals involve high contrast elements, such as stripes and spots, and often involve the colours yellow and red. How exactly do aposematic species differ from non‐aposematic ones in the eyes (and brains) of their predators? Here, we develop a novel computational modelling approach, to quantify prey warning signals and establish what visual features they share. First, we develop a model visual system, made of artificial neurons with realistic receptive fields, to provide a quantitative estimate of the neural activity in the first stages of the visual system of a predator in response to a pattern. The system can be tailored to specific species. Second, we build a novel model that defines a ‘neural signature’, comprising quantitative metrics that measure the strength of stimulation of the population of neurons in response to patterns. This framework allows us to test how individual patterns stimulate the model predator visual system. For the predator–prey system of birds foraging on lepidopteran prey, we compared the strength of stimulation of a modelled avian visual system in response to a novel database of hyperspectral images of aposematic and undefended butterflies and moths. Warning signals generate significantly stronger activity in the model visual system, setting them apart from the patterns of undefended species. The activity was also very different from that seen in response to natural scenes. Therefore, to their predators, lepidopteran warning patterns are distinct from their non‐defended counterparts and stand out against a range of natural backgrounds. For the first time, we present an objective and quantitative definition of warning signals based on how the pattern generates population activity in a neural model of the brain of the receiver. This opens new perspectives for understanding and testing how warning signals have evolved, and, more generally, how sensory systems constrain signal design

Dynamic Provenance for SPARQL Update

While the Semantic Web currently can exhibit provenance information by using the W3C PROV standards, there is a "missing link" in connecting PROV to storing and querying for dynamic changes to RDF graphs using SPARQL. Solving this problem would be required for such clear use-cases as the creation of version control systems for RDF. While some provenance models and annotation techniques for storing and querying provenance data originally developed with databases or workflows in mind transfer readily to RDF and SPARQL, these techniques do not readily adapt to describing changes in dynamic RDF datasets over time. In this paper we explore how to adapt the dynamic copy-paste provenance model of Buneman et al. [2] to RDF datasets that change over time in response to SPARQL updates, how to represent the resulting provenance records themselves as RDF in a manner compatible with W3C PROV, and how the provenance information can be defined by reinterpreting SPARQL updates. The primary contribution of this paper is a semantic framework that enables the semantics of SPARQL Update to be used as the basis for a 'cut-and-paste' provenance model in a principled manner.Comment: Pre-publication version of ISWC 2014 pape

Upper critical dimension, dynamic exponent and scaling functions in the mode-coupling theory for the Kardar-Parisi-Zhang equation

We study the mode-coupling approximation for the KPZ equation in the strong coupling regime. By constructing an ansatz consistent with the asymptotic forms of the correlation and response functions we determine the upper critical dimension d_c=4, and the expansion z=2-(d-4)/4+O((4-d)^2) around d_c. We find the exact z=3/2 value in d=1, and estimate the values 1.62, 1.78 for z, in d=2,3. The result d_c=4 and the expansion around d_c are very robust and can be derived just from a mild assumption on the relative scale on which the response and correlation functions vary as z approaches 2.Comment: RevTex, 4 page

Stochastic Analysis and Regeneration of Rough Surfaces

We investigate Markov property of rough surfaces. Using stochastic analysis we characterize the complexity of the surface roughness by means of a Fokker-Planck or Langevin equation. The obtained Langevin equation enables us to regenerate surfaces with similar statistical properties compared with the observed morphology by atomic force microscopy.Comment: 4 pages, 7 figure

Exact free energy distribution function of a randomly forced directed polymer

We study the elastic (1+1)-dimensional string subject to a random gaussian potential on scales smaller than the correlation radius of the disorder potential (Larkin problem). We present an exact calculation of the probability function ${\cal P} [F(u,L)]$ for the free energy $F$ of a string starting at $(0,0)$ and ending at $(u,L)$. The function ${\cal P}(F)$ is strongly asymmetric, with the left tail decaying exponentially ($\ln {\cal P}(F\to-\infty)\propto F$) and the right tail vanishing as $\ln {\cal P}(F\to +\infty)\propto -F^{3}$. Our analysis defines a strategy for future attacks on this class of problems.Comment: RevTeX, 4 pages, 1 figure inserte

Wandering of a contact line at thermal equilibrium

We reconsider the problem of the solid-liquid-vapour contact-line on a disordered substrate, in the collective pinning regime. We go beyond scaling arguments and perform an analytic computation, through the replica variational method, of the fluctuations of the line. We show how gravity effects must be included for a proper quantitative comparison with available experimental data of the wetting of liquid helium on a caesium substrate. The theoretical result is in good agreement with experimental findings for this case.Comment: 24 laTex pages with 5 EPS figures included. submitted to Phys. Rev