Reading Too Much into \u3cem\u3eReeder-Simco\u3c/em\u3e?

This Note argues that a careful analysis of the Supreme Court\u27s opinion in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. demonstrates that, despite the expansive dicta appearing in part IV of that opinion, the Court did not intend to reshape the course of its Robinson-Patman Act jurisprudence in any significant way. The Court\u27s opinion operated well within the confines of established Robinson-Patman Act doctrine, even if its searching review of the evidence presented at trial represented a rare foray into the arena of factual error correction. After Reeder-Simco, however, many commentators emphasized the dicta in part IV of the opinion and argued that Reeder-Simco portended the end of a pillar of Robinson-Patman Act doctrine, the Morton Salt Inference. In light of the expansive interpretations that many commentators adopted after Reeder-Simco, this Note surveys citations to the opinion to determine whether such broad readings of the case have taken hold in the lower courts as well. The results show that courts have generally read the opinion narrowly and continue to apply the Morton Salt Inference in secondary-line Robinson-Patman Act cases

Keeping the Door Ajar for Foreign Plaintiffs in Global Cartel Cases after \u3cem\u3eEmpagran\u3c/em\u3e

In many ways, the Supreme Court\u27s opinion of F. Hoffmann-LaRoche Ltd. V. Empagran S.A. raised more questions than it answered. Growing out of the massive international vitamins cartel uncovered in the 1990s, Empagran presented a scenario in which all parties were foreign and all conduct occurred abroad. Although it is well established by now that the Sherman Act applies to foreign conduct that was meant to produce and did in fact produce some substantial effect in the United States, Empagran presented the Court with the first truly foreign antitrust case. It involved not only foreign conduct, but also foreign plaintiffs complaining of injuries suffered abroad at the hands of foreign defendants. The case therefore appeared to present thorny questions about the proper construction of the Foreign Trade Antitrust Improvements Act of 1982 ( FTAIA ) and the extent of the Sherman Act\u27s extraterritorial application

Keeping the Door Ajar for Foreign Plaintiffs in Global Cartel Cases after \u3cem\u3eEmpagran\u3c/em\u3e

In many ways, the Supreme Court\u27s opinion of F. Hoffmann-LaRoche Ltd. V. Empagran S.A. raised more questions than it answered. Growing out of the massive international vitamins cartel uncovered in the 1990s, Empagran presented a scenario in which all parties were foreign and all conduct occurred abroad. Although it is well established by now that the Sherman Act applies to foreign conduct that was meant to produce and did in fact produce some substantial effect in the United States, Empagran presented the Court with the first truly foreign antitrust case. It involved not only foreign conduct, but also foreign plaintiffs complaining of injuries suffered abroad at the hands of foreign defendants. The case therefore appeared to present thorny questions about the proper construction of the Foreign Trade Antitrust Improvements Act of 1982 ( FTAIA ) and the extent of the Sherman Act\u27s extraterritorial application

Uncertainties in selected surface water quality data

International audienceMonitoring of surface waters is primarily done to detect the status and trends in water quality and to identify whether observed trends arise form natural or anthropogenic causes. Empirical quality of surface water quality data is rarely certain and knowledge of their uncertainties is essential to assess the reliability of water quality models and their predictions. The objective of this paper is to assess the uncertainties in selected surface water quality data, i.e. suspended sediment, nitrogen fraction, phosphorus fraction, heavy metals and biological compounds. The methodology used to structure the uncertainty is based on the empirical quality of data and the sources of uncertainty in data (van Loon et al., 2006). A literature review was carried out including additional experimental data of the Elbe river. All data of compounds associated with suspended particulate matter have considerable higher sampling uncertainties than soluble concentrations. This is due to high variability's within the cross section of a given river. This variability is positively correlated with total suspended particulate matter concentrations. Sampling location has also considerable effect on the representativeness of a water sample. These sampling uncertainties are highly site specific. The estimation of uncertainty in sampling can only be achieved by taking at least a proportion of samples in duplicates. Compared to sampling uncertainties measurement and analytical uncertainties are much lower. Instrument quality can be stated well suited for field and laboratory situations for all considered constituents. Analytical errors can contribute considerable to the overall uncertainty of surface water quality data. Temporal autocorrelation of surface water quality data is present but literature on general behaviour of water quality compounds is rare. For meso scale river catchments reasonable yearly dissolved load calculations can be achieved using biweekly sample frequencies. For suspended sediments none of the methods investigated produced very reliable load estimates when weekly concentrations data were used. Uncertainties associated with loads estimates based on infrequent samples will decrease with increasing size of rivers

Uncertainties in selected river water quality data

International audienceMonitoring of surface waters is primarily done to detect the status and trends in water quality and to identify whether observed trends arise from natural or anthropogenic causes. Empirical quality of river water quality data is rarely certain and knowledge of their uncertainties is essential to assess the reliability of water quality models and their predictions. The objective of this paper is to assess the uncertainties in selected river water quality data, i.e. suspended sediment, nitrogen fraction, phosphorus fraction, heavy metals and biological compounds. The methodology used to structure the uncertainty is based on the empirical quality of data and the sources of uncertainty in data (van Loon et al., 2005). A literature review was carried out including additional experimental data of the Elbe river. All data of compounds associated with suspended particulate matter have considerable higher sampling uncertainties than soluble concentrations. This is due to high variability within the cross section of a given river. This variability is positively correlated with total suspended particulate matter concentrations. Sampling location has also considerable effect on the representativeness of a water sample. These sampling uncertainties are highly site specific. The estimation of uncertainty in sampling can only be achieved by taking at least a proportion of samples in duplicates. Compared to sampling uncertainties, measurement and analytical uncertainties are much lower. Instrument quality can be stated well suited for field and laboratory situations for all considered constituents. Analytical errors can contribute considerably to the overall uncertainty of river water quality data. Temporal autocorrelation of river water quality data is present but literature on general behaviour of water quality compounds is rare. For meso scale river catchments (500?3000 km2) reasonable yearly dissolved load calculations can be achieved using biweekly sample frequencies. For suspended sediments none of the methods investigated produced very reliable load estimates when weekly concentrations data were used. Uncertainties associated with loads estimates based on infrequent samples will decrease with increasing size of rivers

Influence of Pure Dephasing on Emission Spectra from Single Photon Sources

We investigate the light-matter interaction of a quantum dot with the electromagnetic field in a lossy microcavity and calculate emission spectra for non-zero detuning and dephasing. It is found that dephasing shifts the intensity of the emission peaks for non-zero detuning. We investigate the characteristics of this intensity shifting effect and offer it as an explanation for the non-vanishing emission peaks at the cavity frequency found in recent experimental work.Comment: Published version, minor change

Sampling Plans for Control-Inspection Schemes Under Independent and Dependent Sampling Designs With Applications to Photovoltaics

The evaluation of produced items at the time of delivery is, in practice, usually amended by at least one inspection at later time points. We extend the methodology of acceptance sampling for variables for arbitrary unknown distributions when additional sampling infor- mation is available to such settings. Based on appropriate approximations of the operating characteristic, we derive new acceptance sampling plans that control the overall operating characteristic. The results cover the case of independent sampling as well as the case of dependent sampling. In particular, we study a modified panel sampling design and the case of spatial batch sampling. The latter is advisable in photovoltaic field monitoring studies, since it allows to detect and analyze local clusters of degraded or damaged modules. Some finite sample properties are examined by a simulation study, focusing on the accuracy of estimation

Near-infrared photoabsorption by C(60) dianions in a storage ring

We present a detailed study of the electronic structure and the stability of C(60) dianions in the gas phase. Monoanions were extracted from a plasma source and converted to dianions by electron transfer in a Na vapor cell. The dianions were then stored in an electrostatic ring, and their near-infrared absorption spectrum was measured by observation of laser induced electron detachment. From the time dependence of the detachment after photon absorption, we conclude that the reaction has contributions from both direct electron tunneling to the continuum and vibrationally assisted tunneling after internal conversion. This implies that the height of the Coulomb barrier confining the attached electrons is at least similar to 1.5 eV. For C(60)(2-) ions in solution electron spin resonance measurements have indicated a singlet ground state, and from the similarity of the absorption spectra we conclude that also the ground state of isolated C(60)(2-) ions is singlet. The observed spectrum corresponds to an electronic transition from a t(1u) lowest unoccupied molecular orbital (LUMO) of C(60) to the t(1g) LUMO+1 level. The electronic levels of the dianion are split due to Jahn-Teller coupling to quadrupole deformations of the molecule, and a main absorption band at 10723 cm(-1) corresponds to a transition between the Jahn-Teller ground states. Also transitions from pseudorotational states with 200 cm(-1) and (probably) 420 cm(-1) excitation are observed. We argue that a very broad absorption band from about 11 500 cm(-1) to 13 500 cm(-1) consists of transitions to so-called cone states, which are Jahn-Teller states on a higher potential-energy surface, stabilized by a pseudorotational angular momentum barrier. A previously observed, high-lying absorption band for C(60)(-) may also be a transition to a cone state

Geochemistry of abyssal peridotites (Mid-Atlantic Ridge, 15°20′N, ODP Leg 209) : implications for fluid/rock interaction in slow spreading environments

Author Posting. © Elsevier B.V., 2006. This is the author's version of the work. It is posted here by permission of Elsevier B.V. for personal use, not for redistribution. The definitive version was published in Chemical Geology 234 (2006): 179-210, doi:10.1016/j.chemgeo.2006.04.011.Abyssal peridotite from the 15°20’N area of the Mid-Atlantic Ridge show complex geochemical variations among the different sites drilled during ODP Leg 209. Major element compositions indicate variable degrees of melt depletion and refertilization as well as local hydrothermal metasomatism. Strongest evidence for melt-rock interactions are correlated Light Rare Earth Element (LREE) and High Field Strength Element (HFSE) additions at sites 1270 and 1271. In contrast, hydrothermal alteration at Sites 1274, 1272, and 1268 causes LREE mobility associated with minor HFSE variability, reflecting the low solubility of HFSE in aqueous solutions. Site 1274 contains the least-altered, highly refractory, peridotite with strong depletion in LREE and shows a gradual increase in the intensity of isochemical serpentinization; except for the addition of H2O which causes a mass gain of up to 20 g/100 g. The formation of magnetite is reflected in decreasing Fe2+/Fe3+ ratios. This style of alteration is referred to as rock-dominated serpentinization. In contrast, fluid-dominated serpentinization at Site 1268 is characterized by gains in sulfur and development of U-shaped REE pattern with strong positive Eu anomalies which are also characteristic for hot (350 to 400°C) vent-type fluids discharging from black smoker fields. Serpentinites at Site 1268 were overprinted by talc alteration under static conditions due to interaction with high aSiO2 fluids causing the development of smooth, LREE-enriched patterns with pronounced negative Eu anomalies. These results show that hydrothermal fluid-peridotite and fluid-serpentinite interaction processes are an important factor regarding the budget of exchange processes between the lithosphere and the hydrosphere in slow spreading environments.ODP is sponsored by the U.S. National Science Foundation (NSF) and participating countries under management of Joint Oceanographic Institutions (JOI), Inc