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

Effective Electrostatic Interactions in Suspensions of Polyelectrolyte Brush-Coated Colloids

Effective electrostatic interactions between colloidal particles, coated with polyelectrolyte brushes and suspended in an electrolyte solvent, are described via linear response theory. The inner cores of the macroions are modeled as hard spheres, the outer brushes as spherical shells of continuously distributed charge, the microions (counterions and salt ions) as point charges, and the solvent as a dielectric continuum. The multi-component mixture of macroions and microions is formally mapped onto an equivalent one-component suspension by integrating out from the partition function the microion degrees of freedom. Applying second-order perturbation theory and a random phase approximation, analytical expressions are derived for the effective pair interaction and a one-body volume energy, which is a natural by-product of the one-component reduction. The combination of an inner core and an outer shell, respectively impenetrable and penetrable to microions, allows the interactions between macroions to be tuned by varying the core diameter and brush thickness. In the limiting cases of vanishing core diameter and vanishing shell thickness, the interactions reduce to those derived previously for star polyelectrolytes and charged colloids, respectively.Comment: 20 pages, 5 figures, Phys. Rev. E (in press

In vivo imaging of the tonoplast intrinsic protein family in Arabidopsis roots

Background: Tonoplast intrinsic proteins (TIPs) are widely used as markers for vacuolar compartments in higher plants. Ten TIP isoforms are encoded by the Arabidopsis genome. For several isoforms, the tissue and cell specific pattern of expression are not known. Results: We generated fluorescent protein fusions to the genomic sequences of all members of the Arabidopsis TIP family whose expression is predicted to occur in root tissues (TIP1;1 and 1;2; TIP2;1, 2;2 and 2;3; TIP4;1) and expressed these fusions, both individually and in selected pairwise combinations, in transgenic Arabidopsis. Analysis by confocal microscopy revealed that TIP distribution varied between different cell layers within the root axis, with extensive co-expression of some TIPs and more restricted expression patterns for other isoforms. TIP isoforms whose expression overlapped appeared to localise to the tonoplast of the central vacuole, vacuolar bulbs and smaller, uncharacterised structures. Conclusion: We have produced a comprehensive atlas of TIP expression in Arabidopsis roots, which reveals novel expression patterns for not previously studied TIPs

New light on the ‘Drummer of Tedworth’: conflicting narratives of witchcraft in Restoration England

This paper presents a definitive text of hitherto little-known early documents concerning ‘The Drummer of Tedworth’, a poltergeist case that occurred in 1662-3 and became famous not least due to its promotion by Joseph Glanvill in his demonological work, Saducismus Triumphatus. On the basis of these and other sources, it is shown how responses to the events at Tedworth evolved from anxious piety on the part of their victim, John Mompesson, to confident apologetic by Glanvill, before they were further affected by the emergence of articulate scepticism about the case

Factor structure of the Gotland Scale of male depression in two samples of men with prostate cancer:Implications for treating male depression

Up to a quarter of all prostate cancer (PCa) patients suffer from clinically significant depression but treatments are inconsistent and short-lived in their efficacy. One possible reason could be that 'male depression' is not adequately diagnosed by the criteria for major depressive disorder (MDD) used in many clinical settings.In response to this limitation, the Gotland Scale of Male Depression (GSMD) was developed to identify the extra symptoms of MDD in men. Although the factor structure of the GSMD has been reported in non-PCa samples, it has not been determined for this group of men. Two samples of PCa patients were recruited, 191 from Australia and 138 from the United Kingdom and all patients received the GSMD individually, plus a background questionnaire. Two-factor solutions were identified for each of the two samples. The Australian sample was characterized by changes in emotional and somatic function, followed by depressed mood. The U.K. sample exhibited the same two-factor solution but in reverse order of weighting. Targeted treatments for depression in PCa patients may benefit from identification of the loadings that individual patients have on these two GSMD factors so that specific clinical profiles and treatment needs may be based on this information about their depression

Subarcsecond Imaging of the NGC 6334 I(N) Protocluster: Two Dozen Compact Sources and a Massive Disk Candidate

Using the SMA and VLA, we have imaged the massive protocluster NGC6334I(N) at high angular resolution (0.5"~650AU) from 6cm to 0.87mm, detecting 18 new compact continuum sources. Three of the new sources are coincident with previously-identified water masers. Together with the previously-known sources, these data bring the number of likely protocluster members to 25 for a protostellar density of ~700 pc^-3. Our preliminary measurement of the Q-parameter of the minimum spanning tree is 0.82 -- close to the value for a uniform volume distribution. All of the (nine) sources with detections at multiple frequencies have SEDs consistent with dust emission, and two (SMA1b and SMA4) also have long wavelength emission consistent with a central hypercompact HII region. Thermal spectral line emission, including CH3CN, is detected in six sources: LTE model fitting of CH3CN(J=12-11) yields temperatures of 72-373K, confirming the presence of multiple hot cores. The fitted LSR velocities range from -3.3 to -7.0 km/s, with an unbiased mean square deviation of 2.05 km/s, implying a dynamical mass of 410+-260 Msun for the protocluster. From analysis of a wide range of hot core molecules, the kinematics of SMA1b are consistent with a rotating, infalling Keplerian disk of diameter 800AU and enclosed mass of 10-30 Msun that is perpendicular (within 1 degree) to the large-scale bipolar outflow axis. A companion to SMA1b at a projected separation of 0.45" (590AU; SMA1d), which shows no evidence of spectral line emission, is also confirmed. Finally, we detect one 218.440GHz and several 229.7588GHz Class-I methanol masers.Comment: 54 pages, 11 figures. Accepted for publication in The Astrophysical Journal. Version 2: Keywords updated, and three "in press" citations updated to journal reference. Version 3: corrected the error in the quantum numbers of the 218 GHz methanol transition in the text and in Table 8. For a PDF version with full-resolution figures, see http://www.cv.nrao.edu/~thunter/papers/ngc6334in2014.pd

High-Frequency Measurements Of The Spectrum Of Sagittarius A*

We report near-simultaneous interferometric measurements of the spectrum of Sagittarius A* over the 5-354 GHz range and single-dish observations that have yielded the first detection of Sgr A* at 850 GHz. We confirm that Sgr A*'s spectrum rises more steeply at short millimeter wavelengths than at centimeter wavelengths, leading to a near-millimeter/submillimeter excess that dominates its luminosity. Below 900 GHz, Sgr A*'s observed luminosity is 70 +/- 30 L.. A new upper limit to Sgr A*'s 24.3 mu m flux, together with a compilation of other extant IR data, imply a far-infrared spectral turnover, which can result from either an intrinsic synchrotron cutoff or excess extinction near Sgr A*. If the former applies, Sgr A*'s total synchrotron luminosity is <10(3) L., while in the latter case it is <3 x 10(4) L. if spherical symmetry also applies.NSF AST96-15025, AST96-13717Astronom