Designing Non-National Systems: The Case of the Uniform Domain Name Dispute Resolution Policy

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by some as the model for a new non-national approach to lawmaking and dispute settlement applicable to a broader set of legal issues that transcend national borders. In this article, we describe the conditions that led to the UDRP\u27s formation and consider whether the UDRP can and should be replicated elsewhere. The process by which the UDRP was created, and the way in which it is structured, departs significantly from preexisting approaches to international lawmaking and dispute settlement. The UDRP is the product not of national legislation nor an international treaty, but rather of a web of contractual obligations imposed by a private, non-profit corporation with a monopoly over a valuable resource. Through its agreements with the U.S. Department of Commerce, ICANN serves as the gatekeeper for anyone seeking to acquire the most commercially valuable internet addresses. Exclusive control of access to the root server enables ICANN to dictate the terms and conditions for domain name ownership. This technological control also facilitates enforcement of UDRP panel decisions compelling domain name registrars to cancel ownership of contested domain names or transfer them from registrants to trademark owners. The UDRP deviates from preexisting lawmaking and dispute settlement paradigms in other ways that make its advantages considerable (and which may make it attractive for replication). For example, the UDRP is a hybrid dispute settlement system. It contains an amalgam of elements from three distinct decision making paradigms - judicial, arbitral and ministerial - and it draws inspiration from international, supranational, and national legal systems. The UDRP thus reveals how dispute settlement structures can be tailored to the needs of new technologies and new types of legal conflicts. The UDRP is also non-national. Neither its substantive content nor its prescriptive force necessarily depends upon the laws, institutions, and enforcement mechanisms of any single nation-state or treaty regime. It thus suggests ways to bypass the often slow and cumbersome mechanisms of national and international lawmaking and to fulfil the demand for effective dispute settlement mechanisms that, like so much current social activity, transcend national borders. Even assuming the UDRP can be applied to other situations where the conditions of monopolistic technological control do not subsist, however, we do not believe that it should be uncritically extended to other contexts without first questioning how non-national systems ought to be structured. In particular, while we applaud the effort to construct a non-national model that draws upon but is not constrained by existing paradigms, the current iteration of that model fails to incorporate appropriate checking mechanisms to control the scope and pace of lawmaking and the limited powers granted to dispute settlement decisionmakers. Moreover, the tensions between national and non-national values may be more difficult to reconcile in other settings; cybersquatting, in contrast, was universally condemned, and thus competing national values were less frequently implicated. We seek to identify these and other variables that should guide the authors of new checking mechanisms for new non-national structures

Marines vs. Contractors: an analysis of a supply outsourcing initiative and its impact on cost and efficiency

Since 2001, the Marine Corps has outsourced the management of all individual issue combat gear. This contracted outsourcing, called the Consolidated Issue Facility (CIF) and then the Individual Issue Facility (IIF) under the direction of local Marine Expeditionary Force Headquarters (MEF HQ) and Marine Corps Logistics Command (LOGCOM), are responsible for the distribution, management, and collection of every Marine's individual combat issue of gear; a task previously accomplished by each unit's individual organic supply section. By removing this burden on the supply sections, the Marine Corps was theoretically able to free-up Marines to fill billets in warfighting roles. The Marine Corps has touted the ability to save money and create efficiencies that did not exist previously with organic Marine Corps led supply operations. The Marine Corps is looking to increase the amount of assets managed by an outside vendor, by outsourcing management of unit assets such as Soft Walled Shelters and Camouflage netting to a Unit Issue Facility (UIF) using the same model as the CIF/IIF. This paper will explore if the CIF/IIF program saved the Marine Corps money from 2001 thru 2010, allowed for transfer of personnel to other roles, and if the program is an effective model for future outsourcing endeavors.http://archive.org/details/marinesvscontrac1094510592US Marine Corps (USMC) author

Large deviations for many Brownian bridges with symmetrised initial-terminal condition

Consider a large system of $N$ Brownian motions in $\mathbb{R}^d$ with some non-degenerate initial measure on some fixed time interval $[0,\beta]$ with symmetrised initial-terminal condition. That is, for any $i$, the terminal location of the $i$-th motion is affixed to the initial point of the $\sigma(i)$-th motion, where $\sigma$ is a uniformly distributed random permutation of $1,...,N$. Such systems play an important role in quantum physics in the description of Boson systems at positive temperature $1/\beta$. In this paper, we describe the large-N behaviour of the empirical path measure (the mean of the Dirac measures in the $N$ paths) and of the mean of the normalised occupation measures of the $N$ motions in terms of large deviations principles. The rate functions are given as variational formulas involving certain entropies and Fenchel-Legendre transforms. Consequences are drawn for asymptotic independence statements and laws of large numbers. In the special case related to quantum physics, our rate function for the occupation measures turns out to be equal to the well-known Donsker-Varadhan rate function for the occupation measures of one motion in the limit of diverging time. This enables us to prove a simple formula for the large-N asymptotic of the symmetrised trace of ${\rm e}^{-\beta \mathcal{H}_N}$, where $\mathcal{H}_N$ is an $N$-particle Hamilton operator in a trap

Nonconcave entropies in multifractals and the thermodynamic formalism

We discuss a subtlety involved in the calculation of multifractal spectra when these are expressed as Legendre-Fenchel transforms of functions analogous to free energy functions. We show that the Legendre-Fenchel transform of a free energy function yields the correct multifractal spectrum only when the latter is wholly concave. If the spectrum has no definite concavity, then the transform yields the concave envelope of the spectrum rather than the spectrum itself. Some mathematical and physical examples are given to illustrate this result, which lies at the root of the nonequivalence of the microcanonical and canonical ensembles. On a more positive note, we also show that the impossibility of expressing nonconcave multifractal spectra through Legendre-Fenchel transforms of free energies can be circumvented with the help of a generalized free energy function, which relates to a recently introduced generalized canonical ensemble. Analogies with the calculation of rate functions in large deviation theory are finally discussed.Comment: 9 pages, revtex4, 3 figures. Changes in v2: sections added on applications plus many new references; contains an addendum not contained in published versio

Data driven case study of a wind turbine main-bearing failure

This paper presents a data driven case study of two outer-race spalling faults in double-row spherical roller main-bearings, with the purpose of identifying key features and relevant measurements associated with this failure mode in wind turbine main-bearings. Supervisory data is analysed for one fault case and vibration data for the other. The aim of this work is to inform practitioners and assist in improving fault detection systems for this component

Does police size matter?:A review of the evidence regarding restructuring police organisations

Restructuring and merging public sector organisations is often seen as a way to enhance efficiency and efficacy. There is ongoing debate about the impact of police force sizes, structures and mergers as police organisations attempt to adapt to reductions in their budgets and changes in patterns of criminality. The article reviews the evidence regarding key aspects of police reform: finding mixed evidence regarding the links between size and performance, while noting risks that mergers may impair local policing. The article discusses the impact of mergers on protective services, governance and accountability, while also discussing potential risks and opportunities associated with the merger process itself. The review finds significant gaps in the available evidence, and significant opportunities to expand the evidence base on this topic. Given current gaps in the evidence regarding size, efficacy and efficiency, it is important to give due consideration to symbolic and rhetorical aspects of mergers

Riding on the Coat-Tails of Traditional Cultural Expressions

Matters related to the protection of traditional cultural expressions (‘TCEs’) or expressions of folklore (‘EoFs’) are sensitive and intricate as a blend of legal, economic, philosophical and anthropological considerations jostle to capture their core features. This results in disparate views surrounding what should qualify as TCEs or EoFs, who should be considered their ‘owner’ (assuming that ownership per se is conceptually compatible with these items), which is the most appropriate legal protection regime and how broad their scope of protection should be. Drawing from these various accounts on TCEs, this article focuses on the interaction between TCEs and EoFs originating on the European continent and the European Union (‘EU’) trade mark legislation. Specifically, this article examines whether the limitations of the effects of trade mark rights and of the absolute grounds of refusal, as developed by the case law of the Court of Justice of the European Union, are effective in preserving the cohesion of TCEs. This article advances the thesis that registration of TCEs and EoFs as trade marks generates an imbalance between the rights of the trade mark owner and the defences available to others under the EU trade mark law framework. Furthermore, such an imbalance is likely to hinder the unfettered circulation of TCEs and undermine their original meaning. Lastly, in some cases, trade mark registration of TCEs contributes to their appropriation and misappropriation. The article concludes that, de lege ferenda, the direct exclusion of TCEs as eligible subject matter for trade mark registration is preferable to seeking a post factum remedy