Emerging Constitutional Norms: Continuous Judicial Amendment of the Constitution—The Proportionality Test as a Moving Target

The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change

Shared inputs, entrainment, and desynchrony in elliptic bursters: from slow passage to discontinuous circle maps

What input signals will lead to synchrony vs. desynchrony in a group of biological oscillators? This question connects with both classical dynamical systems analyses of entrainment and phase locking and with emerging studies of stimulation patterns for controlling neural network activity. Here, we focus on the response of a population of uncoupled, elliptically bursting neurons to a common pulsatile input. We extend a phase reduction from the literature to capture inputs of varied strength, leading to a circle map with discontinuities of various orders. In a combined analytical and numerical approach, we apply our results to both a normal form model for elliptic bursting and to a biophysically-based neuron model from the basal ganglia. We find that, depending on the period and amplitude of inputs, the response can either appear chaotic (with provably positive Lyaponov exponent for the associated circle maps), or periodic with a broad range of phase-locked periods. Throughout, we discuss the critical underlying mechanisms, including slow-passage effects through Hopf bifurcation, the role and origin of discontinuities, and the impact of noiseComment: 17 figures, 40 page

Jets and Parton Energy Loss at RHIC: Experimental Status

Experimental evidence from RHIC indicates that matter having an energy density far in excess of the value required for the creation of a deconfined phase is produced in ultrarelativistic Au+Au collisions at a center of mass energy of 200 GeV. This matter thermalizes rapidly, is strongly interacting, and displays hydrodynamic properties akin to a fluid with very low viscosity. Studies of the interaction of hard scattered partons with this matter provide an important probe of its properties. In fact, studies of the suppression of high-p_T hadrons have been one of the key arguments used by the RHIC experiments that the matter created is something fundamentally new and exciting. I review the current experimental picture that has emerged from the data collected at RHIC, with an emphasis on the effort to extract quantitative measurements from the suppression of high-p_T hadrons.Comment: 5 pages, 7 figures, proceedings of talk given at ISMD200

Reopening the Discussion of the Loss of Opportunity Doctrine in New Hampshire: A Look at Decisions Made in Light of Current Times

[Excerpt] “A close family member is diagnosed with late-stage breast cancer and now only has a fifteen percent chance of survival. She soon dies. Prior to her diagnosis, she had routine screenings every two years, but her previous doctor failed to detect the then existing cancer when she would have had a fifty percent chance of survival. In New Hampshire, from a legal standpoint, there has been no wrong. This legal concept of negligent medical care that causes a patient to have a lower percentage of survival, or a less favorable outcome, is referred to as the “loss of opportunity” or “loss of chance doctrine.” Generally, acceptance of the loss of opportunity doctrine has been limited to medical malpractice cases. Some courts and scholars have considered extending the loss of opportunity doctrine to other contexts, such as to legal malpractice, or to those who fail to contact emergency help, but with little success. In restricting loss of chance exclusively to medical malpractice in Massachusetts, the state supreme court identified four reasons why the loss of chance doctrine is “particularly well suited” for medical malpractice cases: (1) the high reliability of expert evidence; (2) the expectation that the doctor will “take every reasonable measure” to ensure a favorable outcome; (3) the nature of a patient seeking medical care (i.e., patients have pre-existing conditions) can make proving the causation element impossible; and (4) the doctor is in a better position to prevent the harm of his or her own negligence. For these reasons, the court joined other courts throughout the country in limiting the loss of chance doctrine to medical malpractice cases. The focus of this note is to suggest that New Hampshire take a second look at the loss of opportunity doctrine. While some drawbacks to adopting the doctrine exist, the advantages outweigh the disadvantages. In coming to this conclusion, among other things, this note considers the reasons offered by the N.H. Legislature in abrogating the N.H. Supreme Court’s decision to adopt the loss of opportunity doctrine. However, contrary to what the legislature suggested, the doctrine does not appear to increase litigation or insurance premium rates. Therefore, this note implores the N.H. Legislature to re-evaluate its decision.

Open Government Architecture: The evolution of De Jure Standards, Consortium Standards, and Open Source Software

Conducted for the Treasury Board of Québec, this study seeks to present recent contributions to the evolution, within an enterprise architecture context, of de jure and de facto standards by various actors in the milieu, industrial consortia, and international standardization committees active in open source software. In order to be able to achieve its goals of delivering services to citizens and society, the Government of Québec must integrate its computer systems to create a service oriented open architecture. Following in the footsteps of various other governments and the European Community, such an integration will require elaboration of an interoperability framework, i.e. a structured set of de jure standards, de facto standards, specifications, and policies allowing computer systems to interoperate. Thus, we recommend that the Government of Québec: Pursue its endeavours to elaborate an interoperability framework for its computer systems that is based on open de jure and de facto standards. This framework should not only reflect the criteria enumerated in this study and apply to internal computer systems, but it should also extend to Web services supplied to organizations outside of the government. This framework should explicitly prioritize open source de jure and de facto standards and include a policy covering free software. The interoperability framework should initially draw on that of the state of Massachusetts. In the medium term, is should be as comprehensive as that of the British government. Integrate this interoperability framework into its enterprise architecture. Publish this interoperability framework with its enterprise architecture. Specify this interoperability framework in its calls for tenders. Elaborate a policy of compliance with this framework for all new applications.

21st century change in sea-level pressure investigated in North Pacific Ocean.

Mean changes in the climatology of 21st century annual variance of the sea-level pressure field in the North Pacific Ocean were investigated from all climate models that were used in the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report (AR4). In several specific areas, a statistically significant increase in the annual variance of sea-level pressure was simulated for the 21st century in three emission scenarios; however, the magnitude of change did not follow the forcing The results indicate increased low-pressure activity for the Bering Sea, Bering Strait, Alaska, Gulf of Alaska, Canadian Rocky Mountains, and the west coast of the U.S. A separate study investigated the potential correlation between the magnitude of change predicted by individual models and the models\u27 equilibrium climate sensitivity value. Statistically significant, positively correlated regions from each emission scenario over the eastern portions of the North Pacific Ocean were found. The results indicated that, in the regions of Alaska, the Gulf of Alaska, the Canadian Rocky Mountains, and the west coast of the U.S., the magnitude of change in the annual variance of sea-level pressure could be predicted by the model\u27s sensitivity to CO2 forcing. The sensitivity and robustness of the results from each study were examined using two different multimodel groups

Towards an Expert Network in Open Standards and Open Source Software: Research, Expertise and Synergy for Open and Libres Standards and Software (RESOLL) - Version 2.0

CIRANO and its partners are proposing the creation of an Expert Network in Open Standards and Open Source Software (Research, Expertise and Synergy for Open and Libres Standards and Software-RESOLL), which would be a partnership between information technology research centres, government and private user organizations, and businesses working in the field. The network will conduct studies and pilot projects that integrate computer solutions based on open standards and open source software, mainly in e-government fields such as health, education, and scientific research, as well as municipal and quasi-public services and business processes for SMEs. The knowledge, expertise and tools thus developed will be disseminated in a number of ways in order to Quebec and Canadian expertise in the field. RESOLL will also have economic and strategic benefits in that it will put the new economic model to the test in terms of open standards and open source software as well as the reuse of software components by organizations. Background The development of on-line government services and e-business is a priority for governments and businesses of all sizes. It requires considerable spending and significant strategic and organizational changes. Of the many information technology solutions available, the use of open standards and open source software is often brought up by those in the know. Although the Internet and many world-renowned software programs were developed largely from open standards and open source software, there is still a need to study, and above all prove the advantages of this approach for public and quasi-public organizations as well as small to medium-sized businesses. It is essential to identify the needs of these organizations, document best practices, experiment with open source software solutions, evaluate the performance of the software and share the knowledge and know-how of Quebec and Canadian research centres and businesses. RESOLL Goals he main goal of the Expert Network on Open Standards and Open Source Software (RESOLL) is to give people an understanding of the benefits of open standards and open source software and suggest an intelligent and advantageous use of them for public and quasi-public organizations and SMEs. More specifically, the goals are as follows: Document and share government and industry policies, strategies, and practices with respect to the use and development of adaptive software and open source software, defining open standards, open source software, adaptive software, and proprietary software; Adapt these practices and share the different methods with partners and the IT management and development communities in government and business; Establish innovative prototypes and pilot projects in order to test and demonstrate the advantages and features of this approach; Develop the expertise of Quebec and Canadian organizations in the field and create synergy between them and their users; P ublish and share the findings of the work, contribute to the enrichment of a collective software asset base available to public and quasi-public organizations and SMEs while explaining the legal issues involved in the various types of licences and electronic services. Process ESOLL is a multilateral partnership founded on the excellence of partners in their respective field. The RESOLL process will be based on the needs of its partners and users. Once these needs have been identified, research will be conducted to identify available solutions, adapt them through an integration process and alpha test them. This would be followed by a pilot project as required by the organizations and businesses. The pilot project will be implemented and evaluated in order to learn from it and ensure that necessary adjustments are made. Solutions thus obtained will be implemented as electronic services either by the client organization’s IT department or by a business partner. It is up to each organization to select their service provider. RESOLL will encourage the transfer of developed tools and services to partners for complete autonomy. Each project will have its own budget, funded by client partners. RESOLL will use part of its operating budget to start projects and develop a start-up asset base for its activities. Expectations and Deliverables The expectations of RESOLL partners and the team can be expressed by the achievement of their goals. RESOLL’s actions will quickly lead to concrete results. The deliverables will be: Policy and position papers to help partners make clear and informed decisions; Needs analyses and suggested solutions; Software solutions based on open standards and open source software integrated into experimental electronic services; Pilot project experiments that combine strategies, plans, software solutions, project support, evaluation and recommendations; Studies and interpretation documents for different types of licences and software; Collaborative Web site for sharing documents and open source software developed in the context of RESOLL projects or available on the Internet, with comments and explanations; Information and knowledge sharing activities for RESOLL and its partners (conferences, workshops, training, etc.). Partners RESOLL is a multilateral partnership. The partners that have been asked to become involved are: CIRANO, CRIM, RISQ, the governments of Quebec and Canada, Industry Canada, university researchers, Canadian and Quebec software and information technology companies, and not-for-profit user organizations from the software and information technology fields. Budget ESOLL’s master infrastructure budget will make it possible to establish a small coordination team involving part-time resources seconded from their parent organizations. We plan to obtain general financing from government and the businesses involved. The individual projects will provide their own financing. Other Benefits RESOLL will contribute to Quebec’s and Canada’s world leadership by sharing the results of its work. It will contribute to the eventual creation of resources that will enable partner companies to commercialize services based on open source software.Open standard, free software, open software, FOSS, e-government, business process, small and medium enterprises,