From Witness Box to the Hot Tub: How the “Hot Tub†Approach to Expert Witnesses Might Relax an American Finder of Fact

The concurrent evidence procedure, informally known as “hot tubbing,†is a method of eliciting expert witness testimony that efficiently aims to educate the finder of fact so a just conclusion of the case is obtained. With experts from both sides of the litigation testifying at the same time, opportunities abound for such result. The basic practice starts with each expert’s opening statement of findings, judges then elicit answers from the expert’s directly, the experts have an opportunity to question each other and challenge the other’s findings, and finally, the attorneys from either side have an opportunity to clarify and cross-examine all the experts. This paper explores the possibility of the procedures usefulness under the scope and structure of the Federal Rules of Civil Procedure and the Federal Rules of Evidence in federal courtrooms across America

Response of moorland vegetation to 20 years of conservation management in two Cairngorm glens

The response of vegetation to a large reduction in red deer numbers was assessed over a 20 year period in two contrasting glens in the Eastern Cairngorms. Monitoring was done in spring when the annual maximum herbivore impact accumulates on the heather. We estimated deer presence from pellet-group counts, and for heather we measured cover, height and shoot browsing. Deer numbers declined earlier in Glen Derry, and correspondingly heather height increased sooner. Trends in Glen Lui were related to plot wetness and distance from places where the deer were fed in winter; dry plots received much heavier usage from deer and rabbits initially, keeping the heather short and cover stable, whereas on wet plots usage was much lower and heather increased both in cover and height. Subsequently, as deer densities fell, the Lui heather thrived, and by 2013 heather height on dry plots had surpassed height on wet plots. Colonisation by pine saplings was very patchy, being virtually confined to plots within 50 m of mature trees and having heather swards less than 25 cm tall. Despite deer numbers falling, saplings still suffered browsing by black grouse, lagomorphs and voles. Annual increments were greatest on dry plots in Glen Lui. However, we estimate that another eight years of negligible deer numbers are needed for the present sapling crop to become safe from deer damage. A limited regime of burning near mature pines may assist regeneration

Calculating the transfer function of noise removal by principal component analysis and application to AzTEC observations

Instruments using arrays of many bolometers have become increasingly common in the past decade. The maps produced by such instruments typically include the filtering effects of the instrument as well as those from subsequent steps performed in the reduction of the data. Therefore interpretation of the maps is dependent upon accurately calculating the transfer function of the chosen reduction technique on the signal of interest. Many of these instruments use non-linear and iterative techniques to reduce their data because such methods can offer improved signal-to-noise over those that are purely linear, particularly for signals at scales comparable to that subtended by the array. We discuss a general approach for measuring the transfer function of principal component analysis (PCA) on point sources that are small compared to the spatial extent seen by any single bolometer within the array. The results are applied to previously released AzTEC catalogues of the COSMOS, Lockman Hole, Subaru XMM-Newton Deep Field, GOODS-North and GOODS-South fields. Source flux density and noise estimates increase by roughly +10 per cent for fields observed while AzTEC was installed at the Atacama Submillimeter Telescope Experiment and +15-25 per cent while AzTEC was installed at the James Clerk Maxwell Telescope. Detection significance is, on average, unaffected by the revised technique. The revised photometry technique will be used in subsequent AzTEC releases.Comment: 14 pages, 4 figure

Persistence of Carex bigelowii–Racomitrium lanuginosum moss heath under sheep grazing in the Grampian Mountains, Scotland

Carex bigelowii–Racomitrium lanuginosum moss heath has been monitored on the summit of Glas Maol, Grampian Mountains, Scotland since 1990 to assess the impact of herbivores and snow-lie. This vegetation community has high conservation value in Britain, being near-natural and the habitat of some rare arctic-alpine birds. In recent decades, it has decreased in extent in British uplands, and changed in composition due to declining Racomitrium cover, with the main drivers believed to be heavy grazing and nitrogen deposition. Permanent plots were established for the monitoring, laid out at fixed distances from a ski corridor built in 1986. Sheep grazing was assessed by pellet-group counts, and botanical composition by point-quadrat analysis. Monitoring was in summer annually between 1990 and 1996, but less frequently since. The moss heath was found to retain its main characteristics from 1990 to 2008/09, with Carex bigelowii Torr. ex Schwein dominant and Racomitrium lanuginosum (Hedw.) Brid. having much cover. There was a small but significant increase in grasses, and lichens declined, but the community remained species-poor. Some ground experienced increased grazing pressure and suffered a temporary decline of Racomitrium, but recovery followed despite continuing substantial grazing. The species experiencing greatest change was Dicranum fuscescens Turner, which first increased but later lost most of its cover; its relationships to Racomitrium lanuginosum are discussed

The Making of Pieces of the Puzzle: Reflections on a Collaborative Ethnographic Filmmaking Process

This is a companion piece to the “Pieces of the Puzzle” film. &nbsp

Advanced Vitality at IBM: A New Direction for Workplace Health Promotion

Worksite wellness programs began to become popular in the 1980s as a way to control rising employee health care costs. International Business Machines (IBM) has utilized a worksite wellness program for over thirty years as well, but more in an effort to keep its workforce healthy, creative and innovative. The Advanced Vitality program is a cutting-edge means to this end through encouragement of healthy habits that will lead to overall fulfillment, not only physically, but mentally and emotionally, and will give the employees a greater sense of purpose in their own lives. This paper begins with reviews of other programs with components similar to Advanced Vitality and that show programs which are internet based, that include incentives, continually engage the employees and that promote mental well-being can be somewhat successful in the short-term, but that long-term employee involvement and well-being gains are not easily achieved. The paper will then discuss the program plan including what vitality is comprised of, especially in the context of a wellness program, the theoretical framework behind the program, goals and objectives and the implementation plan. This is followed by the evaluation of the program, which uses both internal and external evaluators, and will collect pre- and post-implementation qualitative data on health and well-being comparing users and non-users, as well as quantitative data on program usage. The paper will then finish with a discussion about some potential difficulties moving forward, but also the expected positive overall impact on both utilization of the worksite wellness program and success of the participants in improving their well-being.Master of Public Healt

Performance Benefits for Wave Rotor-Topped Gas Turbine Engines

The benefits of wave rotor-topping in turboshaft engines, subsonic high-bypass turbofan engines, auxiliary power units, and ground power units are evaluated. The thermodynamic cycle performance is modeled using a one-dimensional steady-state code; wave rotor performance is modeled using one-dimensional design/analysis codes. Design and off-design engine performance is calculated for baseline engines and wave rotor-topped engines, where the wave rotor acts as a high pressure spool. The wave rotor-enhanced engines are shown to have benefits in specific power and specific fuel flow over the baseline engines without increasing turbine inlet temperature. The off-design steady-state behavior of a wave rotor-topped engine is shown to be similar to a conventional engine. Mission studies are performed to quantify aircraft performance benefits for various wave rotor cycle and weight parameters. Gas turbine engine cycles most likely to benefit from wave rotor-topping are identified. Issues of practical integration and the corresponding technical challenges with various engine types are discussed

Failure detectors encapsulate fairness

Failure detectors have long been viewed as abstractions for the synchronism present in distributed system models. However, investigations into the exact amount of synchronism encapsulated by a given failure detector have met with limited success. The reason for this is that traditionally, models of partial synchrony are specified with respect to real time, but failure detectors do not encapsulate real time. Instead, we argue that failure detectors encapsulate the fairness in computation and communication. Fairness is a measure of the number of steps executed by one process relative either to the number of steps taken by another process or relative to the duration for which a message is in transit. We argue that failure detectors are substitutable for the fairness properties (rather than real-time properties) of partially synchronous systems. We propose four fairness-based models of partial synchrony and demonstrate that they are, in fact, the ‘weakest system models’ to implement the canonical failure detectors from the Chandra-Toueg hierarchy. We also propose a set of fairness-based models which encapsulate the G[subscript c] parametric failure detectors which eventually and permanently suspect crashed processes, and eventually and permanently trust some fixed set of c correct processes.National Science Foundation (U.S.) (Grant CCF-0964696)National Science Foundation (U.S.) (Grant CCF-0937274)Texas Higher Education Coordinating Board (grant NHARP 000512-0130-2007)National Science Foundation (U.S.) (NSF Science and Technology Center, grant agreement CCF-0939370

The exopolyhedral ligand orientation (ELO) in 3-(nitrato-κO)-3,3-bis(triphenylphosphane-κP)-3-rhoda-1,2-dicarba-closo-dodecaborane(11) dichloromethane 2.2-solvate

In the title compound, [Rh(C2H11B9)(NO3)(C18H15P)2]·2.2CH2Cl2, studied as a 2.2-solvate of what was assumed to be dichloromethane, the nitrate ligand liesciswith respect to both cage C atoms. Accordingly, the compound displays a pronounced preferred exopolyhedral ligand orientation (ELO) which is traced to both the greatertransinfluence of the cage B over the cage C atoms and the greatertransinfluence of the triphenylphosphane ligands over the nitrate ligand. The overall molecular architecture therefore agrees with that of a number of similar 3-L-3,3-L′2-3,1,2-closo-MC2B9H11species in the literature.</jats:p

The weakest failure detector for wait-free dining under eventual weak exclusion

Dining philosophers is a classic scheduling problem for local mutual exclusion on arbitrary conflict graphs. We establish necessary conditions to solve wait-free dining under eventual weak exclusion in message-passing systems with crash faults. Wait-free dining ensures that every correct hungry process eventually eats. Eventual weak exclusion permits finitely many scheduling mistakes, but eventually no live neighbors eat simultaneously; this exclusion criterion models scenarios where scheduling mistakes are recoverable or only affect per-formance. Previous work showed that the eventually perfect failure detector (3P) is sufficient to solve wait-free dining under eventual weak exclusion; we prove that 3P is also necessary, and thus 3P is the weakest oracle to solve this problem. Our reduction also establishes that any such din-ing solution can be made eventually fair. Finally, the reduc-tion itself may be of more general interest; when applied to wait-free perpetual weak exclusion, our reduction produces an alternative proof that the more powerful trusting oracle (T) is necessary (but not sufficient) to solve the problem o