Section 1983 and Implied Rights of Action: Rights, Remedies, and Realism

This Note criticizes the Court\u27s current reconciliation of the implied right of action and section 1983 inquiries, and argues that the availability of lawsuits under section 1983 should be the same as under an implied right of action test. Part I, by offering a working definition of rights, suggests an approach to identifying statutorily created rights. Part II discusses the evolution of the Court\u27s implied right of action \u27 jurisprudence, and explores several explanations for the Court\u27s hesitancy to create implied rights of action. Part III examines the influence of the Court\u27s implied right of action test on its jurisprudence of rights under section 1983. Part IV applies these arguments to criticize Professor Henry Monaghan\u27s recent examination of the jurisprudence of rights in Wilder and Golden State Transit. This Note concludes that the Court\u27s treatment of section 1983 has been inconsistent with its approach to implied rights of action. The Court has been far more permissive in allowing private enforcement of statutes where section 1983 applies, basing its distinction on the explicit authorization of private actions contained in section 1983. This Note argues, however, that a federal statute should create the same principal rights and remedies regardless of whether section 1983 applies. Because section 1983 conditions a cause of action on the existence of rights in the plaintiff, a cause of action should exist under section 1983 if and only if the relevant statute would create an implied right of action. As a matter of sound jurisprudence, the inquiry as to whether a plaintiff has a right and whether he can bring a lawsuit must be one and the same

Mitigating Cognitive Biases in Risk Identification: Practitioner Checklist for the Aerospace Sector

This research contributes an operational checklist for mitigating cognitive biases in the aerospace sector risk management process. The Risk Identification and Evaluation Bias Reduction Checklist includes steps for grounding the risk identification and evaluation activities in past project experiences, through historical data, and the importance of incorporating multiple methods and perspectives to guard against optimism and a singular project instantiation focused view. The authors developed a survey to elicit subject matter expert (SME) judgment on the value of the checklist to support its use in government and industry as a risk management tool. The survey also provided insights on bias mitigation strategies and lessons learned. This checklist addresses the deficiency in the literature in providing operational steps for the practitioner for bias reduction in risk management in the aerospace sector

Health impact of US military service in a large population-based military cohort: findings of the Millennium Cohort Study, 2001-2008

<p>Abstract</p> <p>Background</p> <p>Combat-intense, lengthy, and multiple deployments in Iraq and Afghanistan have characterized the new millennium. The US military's all-volunteer force has never been better trained and technologically equipped to engage enemy combatants in multiple theaters of operations. Nonetheless, concerns over potential lasting effects of deployment on long-term health continue to mount and are yet to be elucidated. This report outlines how findings from the first 7 years of the Millennium Cohort Study have helped to address health concerns related to military service including deployments.</p> <p>Methods</p> <p>The Millennium Cohort Study was designed in the late 1990s to address veteran and public concerns for the first time using prospectively collected health and behavioral data.</p> <p>Results</p> <p>Over 150 000 active-duty, reserve, and National Guard personnel from all service branches have enrolled, and more than 70% of the first 2 enrollment panels submitted at least 1 follow-up survey. Approximately half of the Cohort has deployed in support of operations in Iraq and Afghanistan.</p> <p>Conclusion</p> <p>The Millennium Cohort Study is providing prospective data that will guide public health policymakers for years to come by exploring associations between military exposures and important health outcomes. Strategic studies aim to identify, reduce, and prevent adverse health outcomes that may be associated with military service, including those related to deployment.</p

Section 1983 and Implied Rights of Action: Rights, Remedies, and Realism

This Note criticizes the Court\u27s current reconciliation of the implied right of action and section 1983 inquiries, and argues that the availability of lawsuits under section 1983 should be the same as under an implied right of action test. Part I, by offering a working definition of rights, suggests an approach to identifying statutorily created rights. Part II discusses the evolution of the Court\u27s implied right of action \u27 jurisprudence, and explores several explanations for the Court\u27s hesitancy to create implied rights of action. Part III examines the influence of the Court\u27s implied right of action test on its jurisprudence of rights under section 1983. Part IV applies these arguments to criticize Professor Henry Monaghan\u27s recent examination of the jurisprudence of rights in Wilder and Golden State Transit. This Note concludes that the Court\u27s treatment of section 1983 has been inconsistent with its approach to implied rights of action. The Court has been far more permissive in allowing private enforcement of statutes where section 1983 applies, basing its distinction on the explicit authorization of private actions contained in section 1983. This Note argues, however, that a federal statute should create the same principal rights and remedies regardless of whether section 1983 applies. Because section 1983 conditions a cause of action on the existence of rights in the plaintiff, a cause of action should exist under section 1983 if and only if the relevant statute would create an implied right of action. As a matter of sound jurisprudence, the inquiry as to whether a plaintiff has a right and whether he can bring a lawsuit must be one and the same

Reliability Assessment for COTS Components in Space Flight Applications

Systems built for space flight applications usually demand very high degree of performance and a very high level of accuracy. Hence, the design engineers are often prone to selecting state-of-art technologies for inclusion in their system design. The shrinking budgets also necessitate use of COTS (Commercial Off-The-Shelf) components, which are construed as being less expensive. The performance and accuracy requirements for space flight applications are much more stringent than those for the commercial applications. The quantity of systems designed and developed for space applications are much lower in number than those produced for the commercial applications. With a given set of requirements, are these COTS components reliable? This paper presents a model for assessing the reliability of COTS components in space applications and the associated affect on the system reliability. We illustrate the method with a real application

A bayesian approach to inference for monotone failure rates

In reliability theory, the notion of monotone failure rates plays a central role. When prior information indicates that such monotonicity is meaningful, it must be incorporated into the prior distribution whenever inference about the failure rates needs to be made. In this paper we show how this can be done in a straightforward and intuitively pleasing manner. The time interval is partitioned into subintervals of equal width and the number of failures and censoring in each interval is recorded. By defining a Dirichlet as the joint prior distribution for the forward or the backward differences of the conditional probabilities of survival in each interval, we find that the monotonicity is presenved in the posterior estimate of the failure rates. A posterior estimate of the survival function can also be obtained. We illustrate our method by applying it to some real life medical data.Bayesian nonparametric estimation increasing failure rate decreasing failure rate Dirichlet distribution