Rescuing Expedited Discovery From the Commodity Futures Trading Commission & Returning It To Fed. R. Civ. P. 26(d)(1): Using a Doctrine\u27s Forgotten History to Achieve Legitimacy

For over a decade, judicial decisions have “authorized” the CFTC to conduct expedited discovery irrespective of 26(d)(1)’s structure and text. Instead, courts typically allow discovery because either: (i) “good cause” exists, or (ii) for no articulated reason at all. Consider that the so-called Good-Cause Test merely proclaims, “[g]ood cause exists for the plaintiff [CFTC] to conduct expedited discovery . . . .” Hence, judicial decisions have developed the doctrine in ways that are attenuated from 26(d)(1). The overall result is if the Commission asks for accelerated discovery, then courts will grant such relief. This is somewhat unsurprising because the very decisions—the court orders—that “authorize” early discovery are written by the CFTC and signed by federal judges with little if any modification. In Part I, this Article describes the CFTC expedited discovery context. Then, Part II presents courts’ illegitimate development of CFTC expedited discovery. Part III follows by showing how to legitimize the doctrine through the historical blueprint. Part IV concludes this Article by explaining the imperative for legitimacy: why courts should return CFTC expedited discovery to 26(d)(1). Cite as: 42 Golden Gate U. L. Rev. 393 (2012)

Rescuing Expedited Discovery From the Commodity Futures Trading Commission & Returning It To Fed. R. Civ. P. 26(d)(1): Using a Doctrine\u27s Forgotten History to Achieve Legitimacy

For over a decade, judicial decisions have “authorized” the CFTC to conduct expedited discovery irrespective of 26(d)(1)’s structure and text. Instead, courts typically allow discovery because either: (i) “good cause” exists, or (ii) for no articulated reason at all. Consider that the so-called Good-Cause Test merely proclaims, “[g]ood cause exists for the plaintiff [CFTC] to conduct expedited discovery . . . .” Hence, judicial decisions have developed the doctrine in ways that are attenuated from 26(d)(1). The overall result is if the Commission asks for accelerated discovery, then courts will grant such relief. This is somewhat unsurprising because the very decisions—the court orders—that “authorize” early discovery are written by the CFTC and signed by federal judges with little if any modification. In Part I, this Article describes the CFTC expedited discovery context. Then, Part II presents courts’ illegitimate development of CFTC expedited discovery. Part III follows by showing how to legitimize the doctrine through the historical blueprint. Part IV concludes this Article by explaining the imperative for legitimacy: why courts should return CFTC expedited discovery to 26(d)(1). Cite as: 42 Golden Gate U. L. Rev. 393 (2012)

Lacks and possible improvements in European Union law concerning GMOs

International audienceBecause of the complexity of many environmental problems, we need their holistic assessment. That is why, in such a matter, a multidisciplinary approach is necessary. It has also been the guiding line for this present study on the European regulation of the GMOs, crossing the different points of view of a lawyer and a biologist. According to the European legislation, molecular biology and dissemination of genetically modified organisms are mainly regulated by two major directives of the European Parliament and of the Council: Directive 2009/41/EC on the contained use of genetically modified microorganisms, and Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms. Two different approaches are possible to analyse those directives and suggest possible improvements

Miettes médiatiques

Il y a 40 ans les ethnologues et les médias s’ignoraient à peu près com­plètement. La situation a bien changé depuis lors. Aujourd’hui produc­teurs d’émissions et journalistes sont jugés « incontournables ». Quant aux éditeurs qui s’occupent encore de livres, ils traînent à leurs basques des comités d’experts et les pythonisses du marketing. Comment a-t-on pu en arriver là ? C’est le propos du témoignage que voici où plusieurs expériences pittoresques sont subjectivement présen­tées comme autant de jalons dans un processus continu de dépossession.40 years ago ethnologists and the media more or less knew nothing about each other. Since then, the situation has very much changed. Today, programme producers and journalists are considered to be an entity that can not be ignored. As for those editors who still deal in books, they have trailing along behind them committees of experts and marketing visionaries. How has this come about? This is the subject of the following account in which several colourful experiences are subjectively presented as so many milestones in a continuous process of dispossession

A Review and Comparison of AI Enhanced Side Channel Analysis

Side Channel Analysis (SCA) presents a clear threat to privacy and security in modern computing systems. The vast majority of communications are secured through cryptographic algorithms. These algorithms are often provably-secure from a cryptographical perspective, but their implementation on real hardware introduces vulnerabilities. Adversaries can exploit these vulnerabilities to conduct SCA and recover confidential information, such as secret keys or internal states. The threat of SCA has greatly increased as machine learning, and in particular deep learning, enhanced attacks become more common. In this work, we will examine the latest state-of-the-art deep learning techniques for side channel analysis, the theory behind them, and how they are conducted. Our focus will be on profiling attacks using deep learning techniques, but we will also examine some new and emerging methodologies enhanced by deep learning techniques, such as non-profiled attacks, artificial trace generation, and others. Finally, different deep learning enhanced SCA schemes attempted against the ANSSI SCA Database (ASCAD) and their relative performance will be evaluated and compared. This will lead to new research directions to secure cryptographic implementations against the latest SCA attacks.Comment: This paper has been accepted by ACM Journal on Emerging Technologies in Computing Systems (JETC

Maenge gardens : a study of Maenge relationship to domesticates

That plants play a large part in the life of primitive peoples does not need any further demonstration. The point was underlined in early anthropoligical research (Fewkes 1896, Hough 1897, Barrow 1900, Robbins, Harrington and Freire 1916) and the bulk of information available since then has but confirmed the fact (cf. for instance Gilmore 1932, Elmore 1943, Whiting 1950, Vestal 1952). With respect to the Maenge there is almost no situation where they can do without plants whether in ritual or secular life. Plants not only offer food, the raw material for technology and medicine, they are also the necessary intermediaries between this world and the other. Whether it be for cooking , courting or praying the Maenge resort to wild or cultivated species. This overwhelming Presence of plants in daily and ceremonial life testifies both to the dependence of the Maenge on their environment and to their ability to use it in the most various ways, an ability which rests primarily on their observation and knowledge of natural phenomena