The Uncertain Legacy of Gilmer: Mandatory Arbitration of Federal Employment Discrimination Claims

The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union\u27s collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, employers have increasingly included these compulsory arbitration clauses in employment contracts and applications. However, there is still varied treatment of mandatory arbitration clauses by courts. The note explores court decisions which treated subsequent congressional legislation as barring such agreements, additional safeguards imposed by some circuit courts regarding mandatory arbitration agreements, the principal arguments in favor of such agreements, and the countervailing arguments, most represented by the stance of the Equal Employment Opportunity Commission (EEOC). The note concludes by arguing that the United States Supreme Court should clarify the issue in favor of mandatory arbitration agreements, but require that arbitration proceedings from such agreements incorporate fundamental procedural protections for employees, as opposed to the present scheme in which arbitrators do so only on a voluntary basis

Using willow riparian buffer strips for biomass production and riparian protection

Non-Peer ReviewedThere is increasing interest in the development of willow biomass as a renewable source of energy and woody lignocellulosic feedstock for bioproducts. Riparian buffers have been identified as an effective barrier to soil and nutrient movement from agricultural fields into watercourse. Willows are ideal riparian species in that they are well adapted to growing conditions in riparian zones and they vigorously re-grow following coppicing which allows them to be harvested for biomass in 3-4 year cycles. Characteristically riparian edges are highly productive due to water availability, therefore it is anticipated that willow biomass yield per unit area in riparian zones would be attractive. Research is being conducted to determine if using riparian buffer strips for willow biomass production provides energy alternatives and economic opportunities for land owners, but also leads to environmental benefits such as reduced erosion and nutrient leaching and preservation of water quality

What makes medical students better listeners?

Diagnosing heart conditions by auscultation is an important clinical skill commonly learnt by medical students. Clinical proficiency for this skill is in decline [1], and new teaching methods are needed. Successful discrimination of heartbeat sounds is believed to benefit mainly from acoustical training [2]. From recent studies of auditory training [3,4] we hypothesized that semantic representations outside the auditory cortex contribute to diagnostic accuracy in cardiac auscultation. To test this hypothesis, we analysed auditory evoked potentials (AEPs) which were recorded from medical students while they diagnosed quadruplets of heartbeat cycles. The comparison of trials with correct (Hits) versus incorrect diagnosis (Misses) revealed a significant difference in brain activity at 280-310 ms after the onset of the second cycle within the left middle frontal gyrus (MFG) and the right prefrontal cortex. This timing and locus suggest that semantic rather than acoustic representations contribute critically to auscultation skills. Thus, teaching auscultation should emphasize the link between the heartbeat sound and its meaning. Beyond cardiac auscultation, this issue is of interest for all fields where subtle but complex perceptual differences identify items in a well-known semantic context

The fading of two transient ultraluminous x-ray sources to below the stellar mass Eddington limit

We report new detections of the two transient ultraluminous X-ray sources (ULXs) in NGC 5128 from an ongoing series of Chandra observations. Both sources have previously been observed L (2-3) × ∼10 erg s, at the lower end of the ULX luminosity range. The new observations allow us to study these sources in the luminosity regime frequented by the Galactic black hole X-ray binaries (BH XBs). We present the recent lightcurves of both ULXs. 1RXH J132519.8-430312 (ULX1) was observed at L 1 × 10 erg s, while CXOU J132518.2-430304 (ULX2) declined to L 2 × 10 erg s and then lingered at this luminosity for hundreds of days. We show that a reasonable upper limit for both duty cycles is 0.2, with a lower limit of 0.12 for ULX2. This duty cycle is larger than anticipated for transient ULXs in old stellar populations. By fitting simple spectral models in an observation with ∼50 counts we recover properties consistent with Galactic BH XBs, but inconclusive as to the spectral state. We utilize quantile analyses to demonstrate that the spectra are generally soft, and that in one observation the spectrum of ULX2 is inconsistent with a canonical hard state at >95% confidence. This is contrary to what would be expected of an accreting intermediate mass black hole primary, which we would expect to be in the hard state at these luminosities. We discuss the paucity of transient ULXs discovered in early-type galaxies and excogitate explanations. We suggest that the number of transient ULXs scales with the giant and sub-giant populations, rather than the total number of XBs.Peer reviewe

A 5˚C Arctic in a 2°C World. Challenges and recommendations for immediate action from the July 21-22, 2016 Workshop: Briefing Paper for Arctic Science Ministerial, September 20, 2016

The Columbia Climate Center, in partnership with World Wildlife Fund, Woods Hole Research Center, and Arctic 21, held a workshop titled A 5˚C Arctic in a 2˚C World on July 20 and 21, 2016. The workshop was co-sponsored by the International Arctic Research Center (University of Alaska Fairbanks), the Arctic Institute of North America (Canada), the MEOPAR Network (Marine Environmental Observation, Prediction, and Response), and the Future Ocean Excellence Cluster. The goal of the workshop was to advance thinking on the science and policy implications of the temperature change in the context of the 1.5 to <2˚C warming expected for the globe, as discussed during the 21st session of the Conference of the Parties of the United Nations Framework Convention on Climate Change at Paris in 2015. For the Arctic, such an increase means an anticipated increase of roughly 3.5 to 5˚C. An international group of 41 experts shared perspectives on the regional and global impacts of an up to +5˚C Arctic, examined the feasibility of actively lowering Arctic temperatures, and considered realistic timescales associated with such interventions. The group also discussed the science and the political and governance actions required for alternative Arctic futures

Enhancement factor for the electron electric dipole moment in francium and gold atoms

If electrons had an electric dipole moment (EDM) they would induce EDMs of atoms. The ratio of the atomic EDM to the electron EDM for a particular atom is called the enhancement factor, R. We calculate the enhancement factor for the francium and gold atoms, with the results 910 plus/minus 5% for Fr and 260 plus/minus 15% for Au. The large values of these enhancement factors make these atoms attractive for electron EDM measurements, and hence the search for time-reversal invariance violation.Comment: 6 pages, no figures, uses RevTex, reference adde

Recent developments in planet migration theory

Planetary migration is the process by which a forming planet undergoes a drift of its semi-major axis caused by the tidal interaction with its parent protoplanetary disc. One of the key quantities to assess the migration of embedded planets is the tidal torque between the disc and planet, which has two components: the Lindblad torque and the corotation torque. We review the latest results on both torque components for planets on circular orbits, with a special emphasis on the various processes that give rise to additional, large components of the corotation torque, and those contributing to the saturation of this torque. These additional components of the corotation torque could help address the shortcomings that have recently been exposed by models of planet population syntheses. We also review recent results concerning the migration of giant planets that carve gaps in the disc (type II migration) and the migration of sub-giant planets that open partial gaps in massive discs (type III migration).Comment: 52 pages, 18 figures. Review article to be published in "Tidal effects in Astronomy and Astrophysics", Lecture Notes in Physic

Singularly Perturbed Monotone Systems and an Application to Double Phosphorylation Cycles

The theory of monotone dynamical systems has been found very useful in the modeling of some gene, protein, and signaling networks. In monotone systems, every net feedback loop is positive. On the other hand, negative feedback loops are important features of many systems, since they are required for adaptation and precision. This paper shows that, provided that these negative loops act at a comparatively fast time scale, the main dynamical property of (strongly) monotone systems, convergence to steady states, is still valid. An application is worked out to a double-phosphorylation ``futile cycle'' motif which plays a central role in eukaryotic cell signaling.Comment: 21 pages, 3 figures, corrected typos, references remove

Marine pelagic ecosystems: the West Antarctic Peninsula

The marine ecosystem of the West Antarctic Peninsula (WAP) extends from the Bellingshausen Sea to the northern tip of the peninsula and from the mostly glaciated coast across the continental shelf to the shelf break in the west. The glacially sculpted coastline along the peninsula is highly convoluted and characterized by deep embayments that are often interconnected by channels that facilitate transport of heat and nutrients into the shelf domain. The ecosystem is divided into three subregions, the continental slope, shelf and coastal regions, each with unique ocean dynamics, water mass and biological distributions. The WAP shelf lies within the Antarctic Sea Ice Zone (SIZ) and like other SIZs, the WAP system is very productive, supporting large stocks of marine mammals, birds and the Antarctic krill, Euphausia superba. Ecosystem dynamics is dominated by the seasonal and interannual variation in sea ice extent and retreat. The Antarctic Peninsula is one among the most rapidly warming regions on Earth, having experienced a 28C increase in the annual mean temperature and a 68C rise in the mean winter temperature since 1950. Delivery of heat from the Antarctic Circumpolar Current has increased significantly in the past decade, sufficient to drive to a 0.68C warming of the upper 300 m of shelf water. In the past 50 years and continuing in the twenty-first century, the warm, moist maritime climate of the northern WAP has been migrating south, displacing the once dominant cold, dry continental Antarctic climate and causing multi-level responses in the marine ecosystem. Ecosystem responses to the regional warming include increased heat transport, decreased sea ice extent and duration, local declines in icedependent Ade´lie penguins, increase in ice-tolerant gentoo and chinstrap penguins, alterations in phytoplankton and zooplankton community composition and changes in krill recruitment, abundance and availability to predators. The climate/ecological gradients extending along theWAPand the presence of monitoring systems, field stations and long-term research programmes make the region an invaluable observatory of climate change and marine ecosystem response