Why Do Businesses Use (or Not Use) Arbitration Clauses?

Published in cooperation with the American Bar Association Section of Dispute Resolutio

Deployable Aeroshell Flexible Thermal Protection System Testing

Deployable aeroshells offer the promise of achieving larger aeroshell surface areas for entry vehicles than otherwise attainable without deployment. With the larger surface area comes the ability to decelerate high-mass entry vehicles at relatively low ballistic coefficients. However, for an aeroshell to perform even at the low ballistic coefficients attainable with deployable aeroshells, a flexible thermal protection system (TPS) is required that is capable of surviving reasonably high heat flux and durable enough to survive the rigors of construction handling, high density packing, deployment, aerodynamic loading and aerothermal heating. The Program for the Advancement of Inflatable Decelerators for Atmospheric Entry (PAIDAE) is tasked with developing the technologies required to increase the technology readiness level (TRL) of inflatable deployable aeroshells, and one of several of the technologies PAIDAE is developing for use on inflatable aeroshells is flexible TPS. Several flexible TPS layups were designed, based on commercially available materials, and tested in NASA Langley Research Center's 8 Foot High Temperature Tunnel (8ft HTT). The TPS layups were designed for, and tested at three different conditions that are representative of conditions seen in entry simulation analyses of inflatable aeroshell concepts. Two conditions were produced in a single run with a sting-mounted dual wedge test fixture. The dual wedge test fixture had one row of sample mounting locations (forward) at about half the running length of the top surface of the wedge. At about two thirds of the running length of the wedge, a second test surface drafted up at five degrees relative to the first test surface established the remaining running length of the wedge test fixture. A second row of sample mounting locations (aft) was positioned in the middle of the running length of the second test surface. Once the desired flow conditions were established in the test section the dual wedge test fixture, oriented at 5 degrees angle of attack down, was injected into the flow. In this configuration the aft sample mounting location was subjected to roughly twice the heat flux and surface pressure of the forward mounting location. The tunnel was run at two different conditions for the test series: 1) 'Low Pressure', and 2) 'High Pressure'. At 'Low Pressure' conditions the TPS layups were tested at 6W/cm2 and 11W/cm2 while at 'High Pressure' conditions the TPS layups were tested at 11W/cm2 and 20W/cm2. This paper details the test configuration of the TPS samples in the 8Ft HTT, the sample holder assembly, TPS sample layup construction, sample instrumentation, results from this testing, as well as lessons learned

Micro-fading spectrometry: investigating the wavelength specificity of fading

A modified microfading spectrometer incorporating a linear variable filter is used to investigate the wavelength dependence of fading of traditional watercolour pigments, dosimeters and fading standards at a higher spectral resolution and/or sampling than had previously been attempted. While the wavelength dependence of photochemical damage was largely found to correlate well with the absorption spectra of each material, exceptions were found in the case of Prussian blue and Prussian green pigments (the latter includes Prussian blue), for which an anti-correlation between the spectral colour change and the absorption spectrum was found

Labor Unions, Cartelization, and Arbitration: Replacing At-Will Employment With Arbitration of Employee Grievances

This Article shows that while a significant amount of commercial arbitration occurred at each stage of U.S. history, labor arbitration was extremely rare until the 20th century, and remained uncommon until the New Deal of the 1930s. In the late 19th and early 20th centuries—amidst vast inequalities of wealth and violent labor disputes—employers generally succeeded in maintaining at-will employment by refusing to recognize labor unions, let alone agree to unions’ demands to replace at-will employment with arbitration of employee grievances. Pre-1930s employer successes in defeating unions were aided by a range of legal doctrines from the law of master-servant and tort, to the Sherman Antitrust Act and enforcement of workers’ promises not to join unions, to Lochner era constitutional law. And all these doctrines were undergirded by a classical liberal emphasis on freedom of contract with respect to the sale of labor. By contrast, the Great Depression combined with the early 20th century ideological shift from classical liberalism to progressivism to produce massive legal changes in the 1930s. The key legal change was legally-encouraged labor cartelization, the economic policy of the landmark Wagner Act of 1935, now known as the National Labor Relations Act (NLRA). The NLRA’s legally-encouraged labor cartelization produced labor grievance arbitration by empowering unions to extract from employers the promises—like firing workers only “for cause”—that create the claims (grievances) in labor arbitration, as well as employers’ promises to resolve those claims in arbitration rather than litigation. And labor grievance arbitration’s roots in legally-encouraged labor cartelization largely explain many of labor arbitration’s important differences from other arbitration, as discussed in my forthcoming article, Labor Grievance Arbitration’s Differences

Does Working Memory Capacity Modulate the Relationship between Intentional Mind-Wandering and Task Demand?

Mind wandering (MW) is affected by multiple factors. Among those factors, the present study investigated the effects of working memory capacity on task demands on types of mind wandering. It was hypothesized that individuals with high working memory capacity (WMC) would show more intentional mind wandering in a low demanding task, and in this case, task performance would not be impaired. On the other hand, individuals with low working memory capacity would show more unintentional mind wandering in the high demand condition; therefore, task performance would be affected. Task demand was manipulated with verbal n-back tasks and WMC was measured with working memory span tasks. The hypotheses were not supported by the results. It was found that intentional MW occurred more frequently in the high demand condition relative to the low demand condition, while no difference was found between conditions for unintentional MW. Additionally, in the high demand condition, individuals with high WMC were more likely to have performance decline as unintentional MW increased. Furthermore, a positive relationship between WMC and motivation was observed. Theoretical implications are discussed

Paternalism or Gender-Neutrality?

The strong and widely-accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. So this article’s thesis is that legal scholars should begin with a presumption for using the gender-neutral word parentalism, while using paternalism only when emphasizing the important relevance of gender or otherwise trying to convey a gendered meaning. Accordingly, many legal scholars define paternalism in an expressly gendered way — such as “the institutionalization of male dominance,” or an “ideology [that] teaches men to minimize women's agency” — or fittingly use paternalism to describe an attitude especially characteristic of men or directed primarily toward women. All these many uses of the gendered word paternalism are supported by the writers’ apparent intent to emphasize the important relevance of gender to the writers’ points. On the other hand, and despite the spread of gender-neutral language throughout our society and legal profession, many legal scholars continue to use the gendered word paternalism without indicating any important relevance of gender or otherwise manifesting intent to convey a gendered meaning. These many writers use paternalism rather than parentalism to describe laws or policies aiming to protect people (of all genders) by restricting their choices. For example, these writers cite “paternalism” as a standard justification for restrictions on contractual choice or other private ordering, including the unconscionability doctrine, usury laws, the minimum wage, and countless regulations limiting the range of enforceable promises by consumers, borrowers, employees, investors, and others. In each of these contexts, better to use the gender-neutral word parentalism, unless the writer emphasizes the relevance of gender or otherwise manifests an intent to convey a gendered meaning. For example, a writer could justify using the gendered word paternalism by arguing that all our laws are gendered male so gendered language should be used to discuss any law, including using paternalism to describe laws aiming to protect people of all genders by restricting their choices. Or a writer could justify using the gendered word paternalism by arguing (after citing sufficient empirical data) that protect-by-restricting-choice parenting is gendered male, so analogous protect-by-restricting-choice laws and policies are also gendered male. Absent one of those two plausible arguments justifying use of the gendered word paternalism, laws or policies aiming to protect people of all genders by restricting their choices are better described as examples of parentalism. In short, a presumption for using the gender-neutral word parentalism to describe laws or policies aiming to protect people of all genders by restricting their choices is well-grounded in the strong and widely-accepted reasons for ordinarily using gender-neutral language. And examining legal scholarship’s many uses of paternalism and parentalism illuminates our understandings of gender in both law and parenting

Judicial Selection That Fails the Separation of Powers

Executive power should be constrained by checks and balances. The United States’ long and strong tradition of concerns about executive power, and its complementary tradition of Madisonian checks and balances on and to the executive, include the selection of supreme court justices. Neither the U.S. Constitution nor the constitution of any state places solely in the executive the power to appoint a justice to begin a new term on the (federal or state) supreme court. However, several states fail to constrain gubernatorial power in selecting justices to finish a term already started by another justice and these interim appointments are the norm in several such states. This Article argues that states with interim supreme court appointments should subject the governor’s appointment power to a nominating commission or a confirmation vote. And this Article argues that the urgency of adopting such a constraint on the governor is highest in states—Minnesota, Georgia, and Oregon—in which the supreme court acquires most of its new members through interim appointment, and in which an interim appointment nearly always leads to a safe multi-term position on the supreme court. Supreme court appointments are simply too important to leave to the unchecked discretion of a single person

Quantum Yield Calculations for Strongly Absorbing Chromophores

This article demonstrates that a commonly-made assumption in quantum yield calculations may produce errors of up to 25% in extreme cases and can be corrected by a simple modification to the analysis.Comment: 3 pages, 2 figures. Accepted by Journal of Fluorescenc