The Unconstitutional Assertion of Inherent Powers in Multidistrict Litigations

This Article examines the constitutional basis of the federal courts’ independent exercise of “inherent powers” (IPs) that Congress has not specifically authorized. Our analysis illuminates the grave constitutional problems raised by the freewheeling assertion of IPs in multidistrict litigations (MDLs), which comprise over half of all pending federal cases. The Supreme Court has rhetorically acknowledged that the Constitution allows resort to IPs only when doing so is absolutely necessary to enable Article III courts to exercise their “judicial power,” but has then sustained virtually all exercises of IP, whether essential or not. The Court’s excessive deference has emboldened trial judges to claim an ever-expanding array of IPs. The Constitution, however, requires a sharp distinction between two kinds of IPs. First, “indispensable” IPs are those without which courts could not properly exercise their “judicial power” — rendering a final judgment after interpreting the law and applying it to the facts. Such adjudication may require judges to fill gaps in written procedural rules; manage their cases reasonably and efficiently; maintain their authority by punishing litigation misconduct; and ensure that attorneys are competent and ethical. Article I authorizes Congress to facilitate, but not impair, such indispensable IPs. Second, federal judges cannot legitimately claim IPs that are merely “beneficial” (i.e., helpful or convenient), but that do not affect their ability to function as independent courts. Rather, Article I empowers Congress alone to grant such IPs, regulate t hem, or withhold them. Moreover, courts can never assert IPs in a way that violates parties due process rights. The proposed constitutional framework would clarify all IPs, but would be especially useful as applied to MDLs. In these complex cases, district courts have asserted an astonishing variety of IPs to regulate parties and their attorneys. Yet only one IP invoked in MDLs — the power to appoint liaison counsel to handle communications and coordinate litigation activities — is proper because it is indispensable and leaves parties substantive and procedural rights unchanged. Other IPs asserted in MDLs should be foresworn because they are beneficial powers that Congress has not authorized. Examples include the practice of forcing parties retained lawyers to compensate court-appointed lead attorneys, caps on retained lawyers fees, sua sponte enforcement of state bar rules that govern matters unrelated to adjudication, and judicial review of settlements. Yet other IPs would exceed even Congress s powers because, by asserting them, judges deny parties due process of law. Judicial appointments of lead attorneys who displace parties retained lawyers fall into this category by saddling plaintiffs with virtual representation (VR), which the Supreme Court has for bidden. Worse, because the success of MDL s as a means of eliminating repetition and conserving resources depends upon the use of VR, the procedure itself is constitutionally infirm

Assessing the Potential of Classical Q-learning in General Game Playing

After the recent groundbreaking results of AlphaGo and AlphaZero, we have seen strong interests in deep reinforcement learning and artificial general intelligence (AGI) in game playing. However, deep learning is resource-intensive and the theory is not yet well developed. For small games, simple classical table-based Q-learning might still be the algorithm of choice. General Game Playing (GGP) provides a good testbed for reinforcement learning to research AGI. Q-learning is one of the canonical reinforcement learning methods, and has been used by (Banerjee $\&$ Stone, IJCAI 2007) in GGP. In this paper we implement Q-learning in GGP for three small-board games (Tic-Tac-Toe, Connect Four, Hex)\footnote{source code: https://github.com/wh1992v/ggp-rl}, to allow comparison to Banerjee et al.. We find that Q-learning converges to a high win rate in GGP. For the $\epsilon$-greedy strategy, we propose a first enhancement, the dynamic $\epsilon$ algorithm. In addition, inspired by (Gelly $\&$ Silver, ICML 2007) we combine online search (Monte Carlo Search) to enhance offline learning, and propose QM-learning for GGP. Both enhancements improve the performance of classical Q-learning. In this work, GGP allows us to show, if augmented by appropriate enhancements, that classical table-based Q-learning can perform well in small games.Comment: arXiv admin note: substantial text overlap with arXiv:1802.0594

The Detection of Ionizing Radiation by Plasma Panel Sensors: Cosmic Muons, Ion Beams and Cancer Therapy

The plasma panel sensor is an ionizing photon and particle radiation detector derived from PDP technology with high gain and nanosecond response. Experimental results in detecting cosmic ray muons and beta particles from radioactive sources are described along with applications including high energy and nuclear physics, homeland security and cancer therapeuticsComment: Presented at SID Symposium, June 201

A 2-pyridone-amide inhibitor targets the glucose metabolism pathway of Chlamydia trachomatis.

UnlabelledIn a screen for compounds that inhibit infectivity of the obligate intracellular pathogen Chlamydia trachomatis, we identified the 2-pyridone amide KSK120. A fluorescent KSK120 analogue was synthesized and observed to be associated with the C. trachomatis surface, suggesting that its target is bacterial. We isolated KSK120-resistant strains and determined that several resistance mutations are in genes that affect the uptake and use of glucose-6-phosphate (G-6P). Consistent with an effect on G-6P metabolism, treatment with KSK120 blocked glycogen accumulation. Interestingly, KSK120 did not affect Escherichia coli or the host cell. Thus, 2-pyridone amides may represent a class of drugs that can specifically inhibit C. trachomatis infection.ImportanceChlamydia trachomatis is a bacterial pathogen of humans that causes a common sexually transmitted disease as well as eye infections. It grows only inside cells of its host organism, within a parasitophorous vacuole termed the inclusion. Little is known, however, about what bacterial components and processes are important for C. trachomatis cellular infectivity. Here, by using a visual screen for compounds that affect bacterial distribution within the chlamydial inclusion, we identified the inhibitor KSK120. As hypothesized, the altered bacterial distribution induced by KSK120 correlated with a block in C. trachomatis infectivity. Our data suggest that the compound targets the glucose-6-phosphate (G-6P) metabolism pathway of C. trachomatis, supporting previous indications that G-6P metabolism is critical for C. trachomatis infectivity. Thus, KSK120 may be a useful tool to study chlamydial glucose metabolism and has the potential to be used in the treatment of C. trachomatis infections

Plasma Panel Sensors for Particle and Beam Detection

The plasma panel sensor (PPS) is an inherently digital, high gain, novel variant of micropattern gas detectors inspired by many operational and fabrication principles common to plasma display panels (PDPs). The PPS is comprised of a dense array of small, plasma discharge, gas cells within a hermetically-sealed glass panel, and is assembled from non-reactive, intrinsically radiation-hard materials such as glass substrates, metal electrodes and mostly inert gas mixtures. We are developing the technology to fabricate these devices with very low mass and small thickness, using gas gaps of at least a few hundred micrometers. Our tests with these devices demonstrate a spatial resolution of about 1 mm. We intend to make PPS devices with much smaller cells and the potential for much finer position resolutions. Our PPS tests also show response times of several nanoseconds. We report here our results in detecting betas, cosmic-ray muons, and our first proton beam tests.Comment: 2012 IEEE NS

Development of a plasma panel radiation detector: recent progress and key issues

A radiation detector based on plasma display panel technology, which is the principal component of plasma television displays is presented. Plasma Panel Sensor (PPS) technology is a variant of micropattern gas radiation detectors. The PPS is conceived as an array of sealed plasma discharge gas cells which can be used for fast response (O(5ns) per pixel), high spatial resolution detection (pixel pitch can be less than 100 micrometer) of ionizing and minimum ionizing particles. The PPS is assembled from non-reactive, intrinsically radiation-hard materials: glass substrates, metal electrodes and inert gas mixtures. We report on the PPS development program, including simulations and design and the first laboratory studies which demonstrate the usage of plasma display panels in measurements of cosmic ray muons, as well as the expansion of experimental results on the detection of betas from radioactive sources.Comment: presented at IEEE NSS 2011 (Barcelona

Structure and morphology of ACEL ZnS:Cu,Cl phosphor powder etched by hydrochloric acid

© The Electrochemical Society, Inc. 2009. All rights reserved. Except as provided under U.S. copyright law, this work may not be reproduced, resold, distributed, or modified without the express permission of The Electrochemical Society (ECS). The archival version is available at the link below.Despite many researches over the last half century, the mechanism of ac powder electroluminescence remains to be fully elucidated and, to this end, a better understanding of the relatively complex structure of alternate current electroluminescence (ACEL) phosphors is required. Consequently, the structure and morphology of ZnS:Cu,Cl phosphor powders have been investigated herein by means of scanning electron microscopy (SEM) on hydrochloric acid-etched samples and X-ray powder diffraction. The latter technique confirmed that, as a result of two-stage firing during their synthesis, the phosphors were converted from the high temperature hexagonal (wurtzite) structure to the low temperature cubic (sphalerite) polymorph having a high density of planar stacking faults. Optical microscopy revealed that the crystal habit of the phosphor had the appearance of the hexagonal polymorph, which can be explained by the sphalerite pseudomorphing of the earlier wurtzite after undergoing the hexagonal to cubic phase transformation during the synthesis. SEM micrographs of the hydrochloric-etched phosphor particles revealed etch pits, a high density of planar stacking faults along the cubic [111] axis, and the pyramids on the (111) face. These observations were consistent with unidirectional crystal growth originating from the face showing the pyramids.EPSRC, DTI, and the Technology Strategy Board-led Technology Program

Fibroblast and Epidermal Cell-Type I Collagen Interactions: Cell Culture and Human Studies

Fibroblast and epidermal cell-type I collagen sponge interactions were studied in cell culture as well as in humans. In cell culture, fibroblasts were observed to migrate and proliferate throughout a type I collagen sponge containing either hyaluronic acid (HA) or fibronectin (FN). Fibroblasts accumulated in the center of the pores in sponges containing HA and appeared to surround themselves with newly synthesized extracellular matrix. In sponges containing FN, fibroblasts attached to and elongated along the collagen fibers of the sponge. In the absence of FN or HA protein synthesis of fibroblasts appeared to be inhibited by the presence of the type I collagen sponge. Epidermal cells grown on plastic or on type I collagen, formed sheets. Epidermal cells grown on a collagen sponge morphologically appeared different than cells grown on plastic. The type I collagen matrix studied in cell culture was applied to dermal wounds of patients with pressure ulcers in order to evaluate its effect on dermal wound healing. The areas of ulcers treated for 6 weeks with a type I collagen sponge decreased by about 40% compared with no change in the areas of untreated controls. Preliminary results suggest that a type I collagen sponge is a biocornpatible substrate with fibroblasts and epidermal cells and may be effective in enhancing healing of chronic skin ulcers