A Corporation’s Securities Litigation Gambit: Fee-Shifting Provisions that Defend Against Fraud-on-the-Market

This comment lays out a framework that should allow corporations to strategically defend themselves against frivolous and meritless 10b-5 class action suits invoking Basic\u27s Fraude-on-the-Market ( FOM ) presumption of reliance. Part I of this comment discusses the current landscape of securities class action litigation. It explains how and why the suits are initiated and discusses the outcome of Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II). Part II discusses the framework for the proposition of this comment. It provides a brief history of significant cases and incorporates several recent cases that have opened the door to the possibility of implementing fee-shifting clauses. It concludes with a comparison to other contractual provisions currently being implemented by corporations and also analyzes fee-shifting provisions under federal preemption. Part III explains why implementing fee-shifting provisions solves many of the key concerns raised by Halliburton II. Part IV discusses several implications and possible future actions that are readily recognizable regarding fee-shifting provisions

A Corporation\u27s Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market

Part I discusses the current landscape of securities class action litigation. It explains how and why the suits are initiated and dis­ cusses the outcome of Halliburton Co. v. Erica P. John Fund, Inc. (HalliburtonII).19 PartII discusses the framework for the proposi­tion of this comment. It provides a brief history of significant cas­ es and incorporates several recent cases that have opened the door to the possibility of implementing fee-shifting clauses. It concludes with a comparison to other contractual provisions cur­ rently being implemented by corporations and also analyzes fee­ shifting provisions under federal preemption. Part III explains why implementing fee-shifting provisions solves many of the key concerns raised by Halliburton II. Part IV discusses several im­ plications and possible future actions that are readily recogniza­ ble regarding fee-shifting provisions

Calculation of the effect of random superfluid density on the temperature dependence of the penetration depth

Microscopic variations in composition or structure can lead to nanoscale inhomogeneity in superconducting properties such as the magnetic penetration depth, but measurements of these properties are usually made on longer length scales. We solve a generalized London equation with a non-uniform penetration depth, lambda(r), obtaining an approximate solution for the disorder-averaged Meissner effect. We find that the effective penetration depth is different from the average penetration depth and is sensitive to the details of the disorder. These results indicate the need for caution when interpreting measurements of the penetration depth and its temperature dependence in systems which may be inhomogeneous

Limits on Superconductivity-Related Magnetization in Sr2_2RuO4_4 and PrOs4_4Sb12_{12} from Scanning SQUID Microscopy

We present scanning SQUID microscopy data on the superconductors Sr2RuO4 (Tc = 1.5 K) and PrOs$_4$Sb$_{12}$ (Tc = 1.8 K). In both of these materials, superconductivity-related time-reversal symmetry-breaking fields have been observed by muon spin rotation; our aim was to visualize the structure of these fields. However in neither Sr$_2$RuO$_4$ nor PrOs$_4$Sb$_{12}$ do we observe spontaneous superconductivity-related magnetization. In Sr$_2$RuO$_4$, many experimental results have been interpreted on the basis of a $px \pm ipy$ superconducting order parameter. This order parameter is expected to give spontaneous magnetic induction at sample edges and order parameter domain walls. Supposing large domains, our data restrict domain wall and edge fields to no more than ~0.1% and ~0.2% of the expected magnitude, respectively. Alternatively, if the magnetization is of the expected order, the typical domain size is limited to ~30 nm for random domains, or ~500 nm for periodic domains.Comment: 8 pages, 7 figures. Submitted to Phys. Rev.

Evidence for Nodal Superconductivity in LaFePO from Scanning SQUID Susceptometry

We measure changes in the penetration depth $\lambda$ of the $T_c \approx 6$ K superconductor LaFePO. In the process scanning SQUID susceptometry is demonstrated as a technique for accurately measuring {\it local} temperature-dependent changes in $\lambda$, making it ideal for studying early or difficult-to-grow materials. $\lambda$ of LaFePO is found to vary linearly with temperature from 0.36 to $\sim$2 K, with a slope of 143$\pm$15 \AA/K, suggesting line nodes in the superconducting order parameter. The linear dependence up to $\sim T_c/3$ is similar to the cuprate superconductors, indicating well-developed nodes.Comment: 4 pages, 5 figure

Anisotropic Aerogels for Studying Superfluid 3^3He

It may be possible to stabilize new superfluid phases of $^{3}$He with anisotropic silica aerogels. We discuss two methods that introduce anisotropy in the aerogel on length scales relevant to superfluid $^{3}$He. First, anisotropy can be induced with uniaxial strain. A second method generates anisotropy during the growth and drying stages. We have grown cylindrical $\sim$98% aerogels with anisotropy indicated by preferential radial shrinkage after supercritical drying and find that this shrinkage correlates with small angle x-ray scattering (SAXS). The growth-induced anisotropy was found to be $\sim90^\circ$ out of phase relative to that induced by strain. This has implications for the possible stabilization of superfluid phases with specific symmetry.Comment: 6 pages, 4 figures, submitted to Quantum Fluids and Solids (QFS) conference 200

Magnetoresistance of UPt3

We have performed measurements of the temperature dependence of the magnetoresistance up to 9 T in bulk single crystals of UPt3 with the magnetic field along the b axis, the easy magnetization axis. We have confirmed previous results for transverse magnetoresistance with the current along the c axis, and report measurements of the longitudinal magnetoresistance with the current along the b axis. The presence of a linear term in both cases indicates broken orientational symmetry associated with magnetic order. With the current along the c axis the linear term appears near 5 K, increasing rapidly with decreasing temperature. For current along the b axis the linear contribution is negative.Comment: 6 pages, 3 figures, submitted to Quantum Fluids and Solids Conference (QFS 2006

Wanted: cancer boss

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/62915/1/440978a.pd