The Coupon Quandry: Restructuring Incentives in CAFA Coupon Settlements

This Note proceeds in five parts. Part I provides a background of coupon settlements with special attention paid to the incentives of class counsel. Part II outlines CAFA’s relevant statutory provisions and examines them in light of the “Purposes” section in the statute and the Senate report accompanying the legislation—the most illuminating indicia of legislative intent. Part III examines the rationale supporting both cases in the circuit split and the implications behind both interpretive regimes. Part IV argues that the Seventh Circuit has the better legal argument for two reasons: (1) its strong textual argument; and (2) its support found in the Senate report. The Seventh Circuit’s reasoning makes it difficult to reconcile the Ninth Circuit’s opinion with the text and legislative history of the statute. Part V concludes by arguing that coupon settlements under CAFA raise a significant issue that should be addressed by Congress. Congress employed strong language throughout the Senate report indicating that it wanted to closely align the incentives of class counsel with members of the class. Part V continues by suggesting a methodology for courts to follow. This approach aims to accommodate both the interests of class counsel and class members to create a reasonable solution. This Note does not decide whether coupon settlements are per se desirable or undesirable. There is robust scholarly literature describing the incentive structures inherent in coupon settlements and the pros and cons concerning their use. Arguments on both sides have merit, and these arguments are discussed later in the Note. This Note does, however, explain that the broad purpose evinced in the legislative history—attempting to avoid situations in which attorneys act at the expense of their clients—is not supported by the statutory text. CAFA is all bark with no proverbial bite. This Note provides a remedy to more closely align those incentive structures. If citizens truly do want to limit the availability of the lodestar method to alter class counsel’s incentives, they should attempt to change that through their elected representatives in Congress

Ecology of northern bobwhite quail in Missouri (2005)

New 12/05/3M

Observation and Modeling of the Solar Transition Region: II. Solutions of the Quasi-Static Loop Model

In the present work we undertake a study of the quasi-static loop model and the observational consequences of the various solutions found. We obtain the most general solutions consistent with certain initial conditions. Great care is exercised in choosing these conditions to be physically plausible (motivated by observations). We show that the assumptions of previous quasi-static loop models, such as the models of Rosner, Tucker and Vaiana (1978) and Veseckey, Antiochos and Underwood (1979), are not necessarily valid for small loops at transition region temperatures. We find three general classes of solutions for the quasi-static loop model, which we denote, radiation dominated loops, conduction dominated loops and classical loops. These solutions are then compared with observations. Departures from the classical scaling law of RTV are found for the solutions obtained. It is shown that loops of the type that we model here can make a significant contribution to lower transition region emission via thermal conduction from the upper transition region.Comment: 30 pages, 3 figures, Submitted to ApJ, Microsoft Word File 6.0/9

Observation of coherent many-body Rabi oscillations

A two-level quantum system coherently driven by a resonant electromagnetic field oscillates sinusoidally between the two levels at frequency $\Omega$ which is proportional to the field amplitude [1]. This phenomenon, known as the Rabi oscillation, has been at the heart of atomic, molecular and optical physics since the seminal work of its namesake and coauthors [2]. Notably, Rabi oscillations in isolated single atoms or dilute gases form the basis for metrological applications such as atomic clocks and precision measurements of physical constants [3]. Both inhomogeneous distribution of coupling strength to the field and interactions between individual atoms reduce the visibility of the oscillation and may even suppress it completely. A remarkable transformation takes place in the limit where only a single excitation can be present in the sample due to either initial conditions or atomic interactions: there arises a collective, many-body Rabi oscillation at a frequency $N^0.5\Omega$ involving all N >> 1 atoms in the sample [4]. This is true even for inhomogeneous atom-field coupling distributions, where single-atom Rabi oscillations may be invisible. When one of the two levels is a strongly interacting Rydberg level, many-body Rabi oscillations emerge as a consequence of the Rydberg excitation blockade. Lukin and coauthors outlined an approach to quantum information processing based on this effect [5]. Here we report initial observations of coherent many-body Rabi oscillations between the ground level and a Rydberg level using several hundred cold rubidium atoms. The strongly pronounced oscillations indicate a nearly complete excitation blockade of the entire mesoscopic ensemble by a single excited atom. The results pave the way towards quantum computation and simulation using ensembles of atoms

Transportation in North Carolina: Case Studies and Commentary from NCAPA Contributors

Editors’ Note: Carolina Planning regularly publishes a feature highlighting projects from members of the North Carolina Chapter of the American Planning Association (NCAPA). This year’s submissions focus on initiatives and trends that encapsulate larger national movements within the transportation field. From case studies highlighting complete streets in Charlotte and partnerships with the public health community in Wilmington, to broader discussions like context sensitive solutions and the renewed concern about the environmental justice implications of highway infrastructure, these writers provide valuable insight in their areas of expertise

Carrier-mediated magnetoelectricity in complex oxide heterostructures

While tremendous success has been achieved to date in creating both single phase and composite magnetoelectric materials, the quintessential electric-field control of magnetism remains elusive. In this work, we demonstrate a linear magnetoelectric effect which arises from a novel carrier-mediated mechanism, and is a universal feature of the interface between a dielectric and a spin-polarized metal. Using first-principles density functional calculations, we illustrate this effect at the SrRuO$_3$/SrTiO$_3$ interface and describe its origin. To formally quantify the magnetic response of such an interface to an applied electric field, we introduce and define the concept of spin capacitance. In addition to its magnetoelectric and spin capacitive behavior, the interface displays a spatial coexistence of magnetism and dielectric polarization suggesting a route to a new type of interfacial multiferroic

Improved Culture-Based Isolation of Differentiating Endothelial Progenitor Cells from Mouse Bone Marrow Mononuclear Cells

Numerous endothelial progenitor cell (EPC)-related investigations have been performed in mouse experiments. However, defined characteristics of mouse cultured EPC have not been examined. We focused on fast versus slow adherent cell population in bone marrow mononuclear cells (BMMNCs) in culture and examined their characteristics. After 24 h-culture of BMMNCs, attached (AT) cells and floating (FL) cells were further cultured in endothelial differentiation medium separately. Immunological and molecular analyses exhibited more endothelial-like and less monocyte/macrophage-like characteristics in FL cells compared with AT cells. FL cells formed thick/stable tube and hypoxia or shear stress overload further enhanced these endothelial-like features with increased angiogenic cytokine/growth factor mRNA expressions. Finally, FL cells exhibited therapeutic potential in a mouse myocardial infarction model showing the specific local recruitment to ischemic border zone and tissue preservation. These findings suggest that slow adherent (FL) but not fast attached (AT) BMMNCs in culture are EPC-rich population in mouse

1969

The Value of Earthworms by Eric Johnson (page 1) Golf Course Bridge Construction by Robert A. Huntley (2) Importance of Trees and Care by Donald Pipczinski (3) Management Practices Help Control Turf Diseases by Larry Bunn (3) Class Will of \u2769 (5) Famous Sayings of \u2769 (6) The Reluctant Human by John Denison (A-1) Communicating by Frank Gallagher (A-4) Vandalism on the Golf Course by Edward B. Patroski (A-7) The GCSAA Organization - What it Means to You (A-13) Role of Potash in Turf Production by Lindsay D. Brown (A-17) Dew is Note Dew by Tom Mascaro (A-28) Insects in Turf and Their Control by John C. Schread (A-36) Turf Treatment and the Balance of Nature by Haim B. Gunner (A-39) The After-Effects of Irrigation by John C. Harper, II (A-40) Athletic Field Specifications by John C. Harper, II (A-45) Pennsylvania Turfgrass Survey by John C. Harper, II (A-52) Seeding Vs. Sodding by Norman Gray (A-54) Synthetic Turf by R. Spencer Thompson (A-58) Why Do We Have Dealers .. Does He Justify His Existence? (A-61) The Importance of Suppliers of Turf materials by John N. Magovern (A-64) Golf Course Maintenance at St. Andrews by John C. Campbell (A-68) Ground Covers for Golf Courses by Jack Eggens (A-75) Gardening - 600 BC to Country Club Road by Warren Bidwell (A-79) Blues Vs. Bents for Fairway Turf by James L. Holmes (A-87

The role of technology in reducing health care costs. Phase II and phase III.

In Phase I of this project, reported in SAND97-1922, Sandia National Laboratories applied a systems approach to identifying innovative biomedical technologies with the potential to reduce U.S. health care delivery costs while maintaining care quality. The effort provided roadmaps for the development and integration of technology to meet perceived care delivery requirements and an economic analysis model for development of care pathway costs for two conditions: coronary artery disease (CAD) and benign prostatic hypertrophy (BPH). Phases II and III of this project, which are presented in this report, were directed at detailing the parameters of telemedicine that influence care delivery costs and quality. These results were used to identify and field test the communication, interoperability, and security capabilities needed for cost-effective, secure, and reliable health care via telemedicine