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

Collagen Fibrillogenesis in Tissues, in Solution and from Modeling: A Synthesis

Collagen fibril formation has been studied in tissues by light and electron microscopy; in solution by light scattering and microscopy; and from modeling based on the amino acid sequence of type I collagen. Taken together these studies indicate that collagen fibril assembly involves a stepwise formation of intermediate aggregates in which each intermediate is formed from earlier aggregates. In this sequence, monomeric collagen contributes only to the formation of early aggregates; and fibrils grow in length by the addition of intermediate aggregates to the end of a subfibril and in width by lateral wrapping of subfibrils. Modeling based on amino acid sequence data of possible intermolecular charge-charge interactions indicate 2 different kinds, one which promotes linear aggregation and the other which promotes lateral aggregation. The effects of different colla-gens and coprecipitants such as glycoproteins and proteoglycans can begin to be explained by their influence on the character of intermediate subassemblies. Ultrastructural data from 2 tissues, embryonic cornea and tendon, indicate that the site of fibril growth and assembly is at the cell surface

A study of the demand for housing in a metropolitan area.

Massachusetts Institute of Technology. Dept. of City and Regional Planning. Thesis. 1969. Ph.D.Vita.Bibliography: p. 191-194.Ph.D

The ignition of combustible gaseous mixtures by hot particles (with an Appendix on a correlated problem in the conduction of heat between a solid and a gas)

No abstract available

Ariel - Volume 5 Number 4

Editors Mark Dembert J.D. Kanofskv Entertainment Editors Robert Breckenridge Joe Conti Overseas Editor Mike Sinason Photographer Scott Kastner Epistemologist Gary Kaskey Staff Ken Jaffe Bob Sklaroff Janet Weish David Jacoby Phil Nimoityn Circulation Editor Jay Amsterdam Humorist Jim Mccan

Basic essential education program (BEEP): a brief introductory faculty development course for medical teachers

Background: Physicians have a unique role in teaching future physicians and allied health professionals. Yet, most medical doctors have limited instruction in this critical component of their daily activity. Methods: This study was a prospective cohort study of the effectiveness of a local teaching program at two teaching hospitals for junior faculty. Based on a needs analysis and literature review, the teaching program was developed in an accessible and compact format of six consecutive, one-hour "lunch and learn" sessions, held locally over a six week period. Pre-post questionnaires and focus groups were used to evaluate the program. Results: Participants reported being satisfied with the course as whole, particularly in respect to the format and location. There was an improvement in their knowledge in all content areas covered. The greatest benefits were derived from fostering a community of practice and having the opportunity to role play and simulate teaching skills. An attitudinal change towards teaching was noted. Conclusions: A brief, local faculty development program was effective in enhancing physicians’ knowledge, skills, and attitudes in teaching

STICKER SHOCK: MANAGEMENT PROFESSORS’PERSPECTIVES ON THE RISING COSTS OF COLLEGETEXTBOOKS

This study uses Internet survey methodology to target management instructors’ views on the cost of textbooks and the strategies that might be exercised by universities, publishers, and legislatures to control cost increases. From a random sample of 2,893 management professors selected, using university websites, from universities throughout the United States, 228 provided useable responses. Findings suggest that management instructors, particularly those with years of experience, acknowledge the concerns their students have over high textbook prices. They are willing to have legislation enacted to force changes in the marketing of the textbooks by publishers, but they do not want university policies that unduly (from their perspective) restrict their choices for texts. Nor are they in favor of possible publisher cost saving strategies that appear to add administrative burdens on faculty involved in the adoption process. Future research should include investigating techniques for reducing the rising costs of textbooks