True to the Fable?: Examining the Appropriate Reach of Cat\u27s Paw Liability

In its recent decision in Staub v. Proctor Hospital, the Seventh Circuit clarified its approach to the colorfully named cat\u27s paw theory of employment discrimination. The cat\u27s paw doctrine holds employers vicariously liable when an employee involved in the decisionmaking process, other than the non-biased formal decisionmaker, possessed discriminatory intent. Currently, the circuits disagree about how much control the biased employee must possess over the decisionmaker to impose liability on the employer. In Staub, the Seventh Circuit held that liability should be imposed only when the biased employee possessed singular influence over the formal decisionmaker, aligning the court most closely with the Fourth Circuit\u27s stringent actual decisionmaker rule. In light of the current circuit split, this Note argues that a coherent and uniform standard needs to be adopted to decide these common cases. It analyzes the strengths and weaknesses of the circuits\u27 various rules, concluding that no current approach provides a satisfying solution. Accordingly, this Note suggests that courts should adopt the motivating factor standard of causation, should more carefully scrutinize whether an independent investigation breaks the causal chain, and should apply agency principles as a proper limitation on liability

True to the Fable?: Examining the Appropriate Reach of Cat\u27s Paw Liability

In its recent decision in Staub v. Proctor Hospital, the Seventh Circuit clarified its approach to the colorfully named cat\u27s paw theory of employment discrimination. The cat\u27s paw doctrine holds employers vicariously liable when an employee involved in the decisionmaking process, other than the non-biased formal decisionmaker, possessed discriminatory intent. Currently, the circuits disagree about how much control the biased employee must possess over the decisionmaker to impose liability on the employer. In Staub, the Seventh Circuit held that liability should be imposed only when the biased employee possessed singular influence over the formal decisionmaker, aligning the court most closely with the Fourth Circuit\u27s stringent actual decisionmaker rule. In light of the current circuit split, this Note argues that a coherent and uniform standard needs to be adopted to decide these common cases. It analyzes the strengths and weaknesses of the circuits\u27 various rules, concluding that no current approach provides a satisfying solution. Accordingly, this Note suggests that courts should adopt the motivating factor standard of causation, should more carefully scrutinize whether an independent investigation breaks the causal chain, and should apply agency principles as a proper limitation on liability

FUSE Detection of Galactic OVI Emission in the Halo above the Perseus Arm

Background observations obtained with the Far Ultraviolet Spectroscopic Explorer (FUSE) toward l=95.4, b=36.1 show OVI 1032,1038 in emission. This sight line probes a region of stronger-than-average soft X-ray emission in the direction of high-velocity cloud Complex C above a part of the disk where Halpha filaments rise into the halo. The OVI intensities, 1600+/-300 ph/s/cm^2/sr (1032A) and 800+/-300 ph/s/cm^2/sr (1038A), are the lowest detected in emission in the Milky Way to date. A second sight line nearby (l=99.3, b=43.3) also shows OVI 1032 emission, but with too low a signal-to-noise ratio to obtain reliable measurements. The measured intensities, velocities, and FWHMs of the OVI doublet and the CII* line at 1037A are consistent with a model in which the observed emission is produced in the Galactic halo by hot gas ejected by supernovae in the Perseus arm. An association of the observed gas with Complex C appears unlikely.Comment: accepted for publication in ApJL, 11 pages including 3 figure

Highly-Ionized High-Velocity Gas in the Vicinity of the Galaxy

We report the results of an extensive FUSE study of high velocity OVI absorption along 102 complete sight lines through the Galactic halo. The high velocity OVI traces a variety of phenomena, including tidal interactions with the Magellanic Clouds, accretion of gas, outflow from the Galactic disk, warm/hot gas interactions in a highly extended Galactic corona, and intergalactic gas in the Local Group. We identify 85 high velocity OVI features at velocities of -500 < v(LSR) < +500 km/s along 59 of the 102 sight lines. Approximately 60% of the sky (and perhaps as much as 85%) is covered by high velocity H+ associated with the high velocity OVI. Some of the OVI is associated with known high velocity HI structures (e.g., the Magellanic Stream, Complexes A and C), while some OVI features have no counterpart in HI 21cm emission. The smaller dispersion in the OVI velocities in the GSR and LGSR reference frames compared to the LSR is necessary (but not conclusive) evidence that some of the clouds are extragalactic. Most of the OVI cannot be produced by photoionization, even if the gas is irradiated by extragalactic background radiation. Collisions in hot gas are the primary OVI ionization mechanism. We favor production of some of the OVI at the boundaries between warm clouds and a highly extended [R > 70 kpc], hot [T > 10^6 K], low-density [n < 10^-4 cm^-3] Galactic corona or Local Group medium. A hot Galactic corona or Local Group medium and the prevalence of high velocity OVI are consistent with predictions of galaxy formation scenarios. Distinguishing between the various phenomena producing high velocity OVI will require continuing studies of the distances, kinematics, elemental abundances, and physical states of the different types of high velocity OVI features found in this study. (abbreviated)Comment: 78 pages of text/tables + 31 figures, AASTeX preprint format. All figures are in PNG format due to astro-ph space restrictions. Bound copies of manuscript and two accompanying articles are available upon request. Submitted to ApJ

Model for Gravitational Interaction between Dark Matter and Baryons

We propose a phenomenological model where the gravitational interaction between dark matter and baryons is suppressed on small, subgalactic scales. We describe the gravitational force by adding a Yukawa contribution to the standard Newtonian potential and show that this interaction scheme is effectively suggested by the available observations of the inner rotation curves of small mass galaxies. Besides helping in interpreting the cuspy profile of dark matter halos observed in N-body simulations, this potential regulates the quantity of baryons within halos of different masses.Comment: 4 pages, 2 figures, final versio

Finding Galaxy Clusters using Voronoi Tessellations

We present an objective and automated procedure for detecting clusters of galaxies in imaging galaxy surveys. Our Voronoi Galaxy Cluster Finder (VGCF) uses galaxy positions and magnitudes to find clusters and determine their main features: size, richness and contrast above the background. The VGCF uses the Voronoi tessellation to evaluate the local density and to identify clusters as significative density fluctuations above the background. The significance threshold needs to be set by the user, but experimenting with different choices is very easy since it does not require a whole new run of the algorithm. The VGCF is non-parametric and does not smooth the data. As a consequence, clusters are identified irrispective of their shape and their identification is only slightly affected by border effects and by holes in the galaxy distribution on the sky. The algorithm is fast, and automatically assigns members to structures.Comment: 11 pages, 11 figures. It uses aa.cls (included). Accepted by A&

A Catalogue of Field Horizontal Branch Stars Aligned with High Velocity Clouds

We present a catalogue of 430 Field Horizontal Branch (FHB) stars, selected from the Hamburg/ESO Survey (HES), which fortuitously align with high column density neutral hydrogen (HI) High-Velocity Cloud (HVC) gas. These stars are ideal candidates for absorption-line studies of HVCs, attempts at which have been made for almost 40 years with little success. A parent sample of 8321 HES FHB stars was used to extract HI spectra along each line-of-sight, using the HI Parkes All-Sky Survey. All lines-of-sight aligned with high velocity HI emission with peak brightness temperatures greater than 120mK were examined. The HI spectra of these 430 probes were visually screened and cross-referenced with several HVC catalogues. In a forthcoming paper, we report on the results of high-resolution spectroscopic observations of a sample of stars drawn from this catalogue.Comment: 7 pages, 4 figures. ApJS accepted. Full catalogue and all online-only images available at http://astronomy.swin.edu.au/staff/cthom/catalogue/index.htm

Optimal filtering of optical and weak lensing data to search for galaxy clusters: application to the COSMOS field

Galaxy clusters are usually detected in blind optical surveys via suitable filtering methods. We present an optimal matched filter which maximizes their signal-to-noise ratio by taking advantage of the knowledge we have of their intrinsic physical properties and of the data noise properties. In this paper we restrict our application to galaxy magnitudes, positions and photometric redshifts if available, and we also apply the filter separately to weak lensing data. The method is suitable to be naturally extended to a multi-band approach which could include not only additional optical bands but also observables with different nature such as X-rays. For each detection, the filter provides its significance, an estimate for the richness and for the redshift even if photo-z are not given. The provided analytical error estimate is tested against numerical simulations. We finally apply our method to the COSMOS field and compare the results with previous cluster detections obtained with different methods. Our catalogue contains 27 galaxy clusters with minimal threshold at 3-sigma level including both optical and weak-lensing information.Comment: 15 pages, 15 figures, accepted for publication in MNRA

Photometric validation of a model independent procedure to extract galaxy clusters

By means of CCD photometry in three bands (Gunn g, r, i) we investigate the existence of 12 candidate clusters extracted via a model independent peak finding algorithm (\cite{memsait}) from DPOSS data. The derived color-magnitude diagrams allow us to confirm the physical nature of 9 of the cluster candidates, and to estimate their photometric redshifts. Of the other candidates, one is a fortuitous detection of a true cluster at z~0.4, one is a false detection and the last is undecidable on the basis of the available data. The accuracy of the photometric redshifts is tested on an additional sample of 8 clusters with known spectroscopic redshifts. Photometric redshifts turn out to be accurate within z~0.01 (interquartile range).Comment: A&A in pres