They Were Meant for Each Other: Professor Edward Cooper and the Rules Enabling Act

This introduction to the essays in this Symposium illuminates Professor Ed Cooper\u27s years as Reporter to the Civil Rules Committee by first briefly describing those who preceded him in the position and his own background. We then describe some of Ed Cooper\u27s many contributions to the Civil Rules Committee, the Federal Rules, rulemaking, and civil procedure by examining the present state of the Rules Committees\u27 work under the Rules Enabling Act. We conclude that after almost eighty years of experience under that Act, it is working well in large part because of the sound leadership provided by Ed Cooper over his twenty years as Reporter. It was during these years that the Committee developed an approach to rulemaking that was at once transparent and empirical, with multiple opportunities for participation by members of the public, the bench, the academy, and the bar; with many informal opportunities for consultation with members of Congress and the Executive Branch; and with an understanding by the Committee of its role in relation to the courts, Congress, and the Executive. Two episodes of recent rulemaking and related activity are described as examples of how well the Rules Enabling Act is working, in large part because of the very flexibility and discretion the Act has provided since 1934. One of those episodes occurred when Judge Anthony Scirica chaired the Standing Committee and then- Judge David Levi chaired the Civil Rules Committee. The other occurred when Judge Lee Rosenthal and Judge Mark Kravitz were the chairs of the Standing and Civil Rules Committees, respectively. Both episodes provide a basis for optimism about the future. And they make clear Ed Cooper\u27s continued steady role in supporting and cultivating the robust good health of the rulemaking process and the institutional values it protects

A selected history of expectation bias in physics

The beliefs of physicists can bias their results towards their expectations in a number of ways. We survey a variety of historical cases of expectation bias in observations, experiments, and calculations.Comment: 6 pages, 2 figure

Thermal inactivation of Byssochlamys nivea in pineapple nectar combined with preliminary high pressure treatments

Byssochlamys nivea is a thermal resistant filamentous fungi and potential micotoxin producer. Recent studies have verified the presence of ascospores of such microorganism in samples of pineapple nectars. Although the majority of filamentous fungi have limited heat resistance and are easily destroyed by heat, Byssochlamys nivea ascospores have shown high thermal resistance. The aim of this work was to evaluate the application of linear and Weibull models on thermal inactivation (70, 80 and 90ºC) of Byssochlamys nivea ascospores in pineapple nectar after pretreatment with high pressure (550MPa or 650MPa during 15min). Following the treatments, survival curves were built up for each processing temperature and adjusted for both models. It was observed that survival curves at 90°C after high pressure pretreatment at 550 MPa/15 min did not fit well to linear and Weibull models. For all the other treatments, the Weibull model presented a better fit. At 90ºC without pressure treatment, the Weibull model also showed a better adjustment, having a larger R2 and a smaller RMSE. Regarding the process effectiveness, a 5-log reduction (t5), as recommended for pasteurization, was only achieved for Byssochlamys nivea ascospores presented in pineapple nectar at 90ºC/10.7 min with previous high pressure treatment of 650 MPa for 15 min. Considering the high intensity and energy demanding process with possibly product damage, other preventive and alternative treatments are being investigated

Does Being Attractive Always Help? Positive and Negative Effects of Attractiveness on Social Decision Making

Previous studies of organizational decision making demonstrate an abundance of positive biases directed toward highly attractive individuals. The current research, in contrast, suggests that when the person being evaluated is of the same sex as the evaluator, attractiveness hurts, rather than helps. Three experiments assessing evaluations of potential job candidates (Studies 1 and 3) and university applicants (Study 2) demonstrated positive biases toward highly attractive other-sex targets but negative biases toward highly attractive same-sex targets. This pattern was mediated by variability in participants’ desire to interact with versus avoid the target individual (Studies 1 and 2) and was moderated by participants’ level of self-esteem (Study 3); the derogation of attractive same-sex targets was not observed among people with high self-esteem. Findings demonstrate an important exception to the positive effects of attractiveness in organizational settings and suggest that negative responses to attractive same-sex targets stem from perceptions of self-threat

Stereotactic guidance for navigated percutaneous sacroiliac joint fusion.

Arthrodesis of the sacroiliac joint (SIJ) for surgical treatment of SIJ dysfunction has regained interest among spine specialists. Current techniques described in the literature most often utilize intraoperative fluoroscopy to aid in implant placement; however, image guidance for SIJ fusion may allow for minimally invasive percutaneous instrumentation with more precise implant placement. In the following cases, we performed percutaneous stereotactic navigated sacroiliac instrumentation using O-arm® multidimensional surgical imaging with StealthStation® navigation (Medtronic, Inc. Minneapolis, MN). Patients were positioned prone and an image-guidance reference frame was placed contralateral to the surgical site. O-arm® integrated with StealthStation® allowed immediate auto-registration. The skin incision was planned with an image-guidance probe. An image-guided awl, drill and tap were utilized to choose a starting point and trajectory. Threaded titanium cage(s) packed with autograft and/or allograft were then placed. O-arm® image-guidance allowed for implant placement in the SIJ with a small skin incision. However, we could not track the cage depth position with our current system, and in one patient, the SIJ cage had to be revised secondary to the anterior breach of sacrum

A Flattened Protostellar Envelope in Absorption around L1157

Deep Spitzer IRAC images of L1157 reveal many of the details of the outflow and the circumstellar environment of this Class 0 protostar. In IRAC band 4, 8 microns, there is a flattened structure seen in absorption against the background emission. The structure is perpendicular to the outflow and is extended to a diameter of 2 arcminutes. This structure is the first clear detection of a flattened circumstellar envelope or pseudo-disk around a Class 0 protostar. Such a flattened morphology is an expected outcome for many collapse theories that include magnetic fields or rotation. We construct an extinction model for a power-law density profile, but we do not constrain the density power-law index.Comment: ApJL accepte

Book review: Sue Vice, Jack Rosenthal. Manchester and New York: Manchester University Press, 2009.

The Television Series is a series of books published by Manchester University Press on authors of television drama. This is a review of a book by Sue Vice on Jack Rosenthal for European Journal of Communication

Utilizing remote sensing of Thematic Mapper data to improve our understanding of estuarine processes and their influence on the productivity of estuarine-dependent fisheries

LANDSAT thematic mapper (TM) data are being used to refine and validate a stochastic spatial computer model to be applied to coastal resource management problems in Louisiana. Two major aspects of the research are: (1) the measurement of area of land (or emergent vegetation) and water and the length of the interface between land and water in TM imagery of selected coastal wetlands (sample marshes); and (2) the comparison of spatial patterns of land and water in the sample marshes of the imagery to that in marshes simulated by a computer model. In addition to activities in these two areas, the potential use of a published autocorrelation statistic is analyzed