Safeco Ins. Co. of America v. Burr: Defining Notification Requirements and Willfulness under the Fair Credit Reporting Act

In a recent decision, the United States Supreme Court resolved a critical dispute regarding the interpretation of the Fair Credit Reporting Act ( FCRA ) and its notice requirement. In Safeco Ins. Co. of America v. Burr, the Court settled the definition of willful violation, a determination that will have enormous effects for insurance companies. Specifically, the Court held that willfulness not only includes knowing violations, but also includes a violation committed in reckless disregard of statutory obligations. While both of the insurance companies in Burr were technically victorious -- both were held not to have willfully violated the FCRA -- the Court\u27s interpretation of willfulness is more consumer-friendly. Still, Burr may have left the door open for insurance companies to avoid the notice requirement of the FCRA

Freedom to Defraud: Stoneridge, Primary Liability, and the Need to Properly Define Section 10(b)

In Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., the Supreme Court determined that primary liability under section 10(b) of the Securities Exchange Act does not extend to third-party actors engaged in sham transactions, even when such transactions have the purpose and effect of deceiving investors. The Court reasoned that there is no liability when an actor\u27s deceptive conduct is not communicated directly to investors. This Note argues that the Supreme Court misinterpreted section 10(b) and Rule 10b-5 and that policy considerations weigh in favor of using securities fraud litigation to deter culpable actors. It argues both for the substantial participation standard and the revitalization of scheme liability in order to best comply with the language and policies of section 10(b) and Rule 10b-5

The Citation Impact of Digital Preprint Archives for Solar Physics Papers

Papers that are posted to a digital preprint archive are typically cited twice as often as papers that are not posted. This has been demonstrated for papers published in a wide variety of journals, and in many different subfields of astronomy. Most astronomers now use the arXiv.org server (astro-ph) to distribute preprints, but the solar physics community has an independent archive hosted at Montana State University. For several samples of solar physics papers published in 2003, I quantify the boost in citation rates for preprints posted to each of these servers. I show that papers on the MSU archive typically have citation rates 1.7 times higher than the average of similar papers that are not posted as preprints, while those posted to astro-ph get 2.6 times the average. A comparable boost is found for papers published in conference proceedings, suggesting that the higher citation rates are not the result of self-selection of above-average papers.Comment: 5 pages, 1 table, Solar Physics accepte

Crowdfunding Astronomy Research with Google Sky

For nearly four years, NASA's Kepler space telescope searched for planets like Earth around more than 150,000 stars similar to the Sun. In 2008 with in-kind support from several technology companies, our non-profit organization established the Pale Blue Dot Project, an adopt-a-star program that supports scientific research on the stars observed by the Kepler mission. To help other astronomy educators conduct successful fundraising efforts, I describe how this innovative crowdfunding program successfully engaged the public over the past seven years to help support an international team in an era of economic austerity.Comment: 7 pages, 3 figures, Journal of Astronomy & Earth Sciences Education, accepted. Project website is at http://adoptastar.whitedwarf.or

Quantum Security for the Physical Layer

The physical layer describes how communication signals are encoded and transmitted across a channel. Physical security often requires either restricting access to the channel or performing periodic manual inspections. In this tutorial, we describe how the field of quantum communication offers new techniques for securing the physical layer. We describe the use of quantum seals as a unique way to test the integrity and authenticity of a communication channel and to provide security for the physical layer. We present the theoretical and physical underpinnings of quantum seals including the quantum optical encoding used at the transmitter and the test for non-locality used at the receiver. We describe how the envisioned quantum physical sublayer senses tampering and how coordination with higher protocol layers allow quantum seals to influence secure routing or tailor data management methods. We conclude by discussing challenges in the development of quantum seals, the overlap with existing quantum key distribution cryptographic services, and the relevance of a quantum physical sublayer to the future of communication security.Comment: 7 pages, 6 figure

WhiteDwarf.org - Establishing a permanent endowment for the Whole Earth Telescope

White Dwarf Research Corporation is a 501(c)(3) non-profit organization dedicated to scientific research and public education on topics relevant to white dwarf stars. It was founded in 1999 in Austin, Texas to help fulfill the need for an alternative research center where scarce funding dollars could be used more efficiently, and to provide a direct link between astronomers who study white dwarf stars and the general public. Due to its administrative simplicity, WDRC can facilitate the funding of multi-institutional and international collaborations, provide seamless grant portability, minimize overhead rates, and actively seek non-governmental funding sources. I describe the motivation for, and current status of, one of the long-term goals of WDRC: to establish a permanent endowment for the operation of the Whole Earth Telescope. I pay particular attention to fund-raising efforts through the website at http://WhiteDwarf.org/donate/Comment: 5 pages, to appear in proceedings of the 6th Whole Earth Telescope worksho