Displacement Data Assimilation

We show that modifying a Bayesian data assimilation scheme by incorporating kinematically-consistent displacement corrections produces a scheme that is demonstrably better at estimating partially observed state vectors in a setting where feature information important. While the displacement transformation is not tied to any particular assimilation scheme, here we implement it within an ensemble Kalman Filter and demonstrate its effectiveness in tracking stochastically perturbed vortices.Comment: 26 Pages, 9 figures, 5 table

The Reappearing Judge

This is the published version

Breaking the Boilerplate Habit in Civil Discovery

No more boilerplate in discovery requests or responses. That is the clear message of the 2015 amendments to the Federal Rules of Civil Procedure. Inspired by that message, some judges have taken a firm stand, warning lawyers to change their ways or face serious sanctions. Will it be enough to root out practices deeply engrained in discovery culture? This Article examines the “anti boilerplate” rule changes and the cases applying them. We endorse the rule changes and applaud the judges who have spoken out. But if real change is to occur, more judges—many more judges—must join them. As judges consider how they might contribute to the cause, we offer three points of guidance. First, while boilerplate objections get the most attention, boilerplate requests are an equal part of the problem. The 2015 amendments target both. Second, we must be careful not to equate “pattern” with boilerplate. As several recent projects have shown, the use of topic-specific discovery protocols—which use carefully-crafted standard requests—can start the parties on the path to tailored, targeted, efficient, and fair discovery. Third, judges should resist using waiver as a standard sanction for boilerplate objections. When the responding party has no viable objections to make, waiver provides no deterrence against boilerplate objections. And when the discovery requests exceed the boundaries of permissible discovery, waiver can lead to the parties getting bogged down in the discovery of irrelevant matters. While judges are often reluctant to go down the path of imposing cost sanctions, in many cases that approach will supply both a more effective deterrent and a more calibrated response. The goal is worth it; reducing boilerplate in discovery is an important step toward achieving proportional discovery

Disability Related Sources of Income and Expenses: An Examination Among the Elderly in Canada

The primary purpose of this paper is to examine disability-related sources of income and expenses among high and low income older Canadians. Specifically, the paper attempts to answer three questions: Do low and high income seniors experience disability equally? Do low and high income seniors incur equal disability- related non-reimbursed expenses? And, Do low and high income seniors receive equal disability-related pensions and tax credits? The analysis is based on the Health and Activity Limitation Surveys of 1986 and 1991. Both surveys were cross-sectional, designed to gather information on disabilities and their impact on daily living. Among the seniors (those 65 and over), between 10.3% (men in 1986) and 23.2% (women in 1991) were classified as low income and about 40% reporting having at least one disability, compared to one-quarter of women and men of all ages. The analysis indicates that low income seniors are disadvantaged in that they experience more disability, incur more non-reimbursed expenses, and receive less in terms of disability- related pensions and credits than do high income seniors. It thus appears that interventions should be policy based rather than individual based.elderly; disability; income

Judge-Jury Communications: Improving Communications and Understanding Bias

Symposium: Improving Communications in the Courtroo