Protective Orders in the Bankruptcy Court: The Congressional Mandate of Bankruptcy Code Section 107 and Its Constitutional Implications

It is a well-established principle of First Amendment and common law jurisprudence that a proceeding before and all papers filed with a court, particularly in the criminal context, are open to the public. Subsection 107(a) of the Bankruptcy Code codifies this public access doctrine by creating a presumption in favor of public access to all papers filed in a bankruptcy case. The subsection 107(a) presumption is, however, rebuttable. As a result, if a party in interest shows that the material sought to be protected contains a trade secret or confidential information, or is scandalous or defamatory, the bankruptcy court must protect the requesting party under subsection 107(b) of the Bankruptcy Code. Although subsection 107(b) states that the bankruptcy court shall protect the party in interest, the bankruptcy court retains the discretion to decide if any given material falls within one of the two subsection 107(b) exceptions, and to fashion an appropriate remedy. This exercise of discretion, coupled with the fact that the subsection 107(b) exceptions are those situations traditionally recognized by courts as falling outside the First Amendment and common law public access doctrine, allows a bankruptcy court to fulfill its subsection 107(b) duty within constitutional bounds

Traction and Troublesome Learning: A Praxis of Stuck Places For Course-Embedded Tutoring

While many composition theorists have tackled the question of how to encourage transfer beyond their introductory writing classes (see Perkins and Saloman; Wardle; Beaufort; Fallon, Lahar, and Susman; Blaauw-Hara), we also need to consider how embedded peer tutors develop their practices as they enter into disciplinary tutoring and, over time, gain traction while tutoring in different disciplines. Whereas in a first-year writing course we might gear our pedagogy to students’ development over a single semester but never fully know how they will transfer their learning into new disciplinary contexts, in an embedded tutoring program we mentor tutors who must transfer their learning and gain traction in new disciplines several different times during their semesters with us. Like Dara Rossman Regaignon, we define “traction” here as the process of engaging rigorously and in authentic ways, rather than passing smoothly over, the difficult analytic and rhetorical frameworks available in all disciplinary learning environments (121-22). We think that successful tutoring in an embedded tutoring program depends on such an engaged learning process. Not surprisingly, however, the experience of moving from class to class and gaining traction in the new one rarely happens smoothly for students or tutors. Instead, both frequently struggle as learning and practice become “troublesome,” and they get “stuck.” Building from the work of Jan H. F. Meyer and Ray Land on “troublesome knowledge” and Leslie Gourlay on “threshold practices,” we investigate how tutor development and student learning in an embedded tutoring program can be understood and cultivated in relation to the idea of liminality that shapes their paradigm for learning. In this context, we offer a rationale for and an analysis of “a praxis of stuck places” for tutor development and student learning in an embedded tutoring program (Lather qtd. in Meyer and Land 379).University Writing Cente

3D Ultrastructure of the Cochlear Outer Hair Cell Lateral Wall Revealed By Electron Tomography.

Outer Hair Cells (OHCs) in the mammalian cochlea display a unique type of voltage-induced mechanical movement termed electromotility, which amplifies auditory signals and contributes to the sensitivity and frequency selectivity of mammalian hearing. Electromotility occurs in the OHC lateral wall, but it is not fully understood how the supramolecular architecture of the lateral wall enables this unique form of cellular motility. Employing electron tomography of high-pressure frozen and freeze-substituted OHCs, we visualized the 3D structure and organization of the membrane and cytoskeletal components of the OHC lateral wall. The subsurface cisterna (SSC) is a highly prominent feature, and we report that the SSC membranes and lumen possess hexagonally ordered arrays of particles. We also find the SSC is tightly connected to adjacent actin filaments by short filamentous protein connections. Pillar proteins that join the plasma membrane to the cytoskeleton appear as variable structures considerably thinner than actin filaments and significantly more flexible than actin-SSC links. The structurally rich organization and rigidity of the SSC coupled with apparently weaker mechanical connections between the plasma membrane (PM) and cytoskeleton reveal that the membrane-cytoskeletal architecture of the OHC lateral wall is more complex than previously appreciated. These observations are important for our understanding of OHC mechanics and need to be considered in computational models of OHC electromotility that incorporate subcellular features

A Neuroscientist\u27s Guide to the Vole

Prairie voles have emerged as an important rodent model for understanding the neuroscience of social behavior. Prairie voles are well known for their capacity for pair bonding and alloparental care. These behavioral phenomena overlap with human social behavior but are not commonly observed in traditional rodent models. In this article, we highlight the many benefits of using prairie voles in neuroscience research. We begin by describing the advantages of using diverse and non-traditional study models. We then focus on social behaviors, including pair bonding, alloparental care, and peer interactions, that have brought voles to the forefront of social neuroscience. We describe many additional features of prairie vole biology and behavior that provide researchers with opportunities to address an array of research questions. We also survey neuroethological methods that have been used with prairie voles, from classic to modern techniques. Finally, we conclude with a discussion of other vole species, particularly meadow voles, and their own unique advantages for neuroscience studies. This article provides a foundation for researchers who are new to working with voles, as well as for experienced neuroscientists who want to expand their research scope

Improving Mean Time Between Pump Failures

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Accelerator performance analysis of the Fermilab Muon Campus

Fermilab is dedicated to hosting world-class experiments in search of new physics that will operate in the coming years. The Muon g-2 Experiment is one such experiment that will determine with unprecedented precision the muon anomalous magnetic moment, which offers an important test of the Standard Model. We describe in this study the accelerator facility that will deliver a muon beam to this experiment. We first present the lattice design that allows for efficient capture, transport, and delivery of polarized muon beams. We then numerically examine its performance by simulating pion production in the target, muon collection by the downstream beam line optics, as well as transport of muon polarization. We finally establish the conditions required for the safe removal of unwanted secondary particles that minimizes contamination of the final beam.Comment: 10 p

Brief of Scholars of the History and Original Meaning of the Fourth Amendment as Amici Curiae in Support of Petitioner, Carpenter v. United States, No. 16-402 (U.S. Aug. 14, 2017)

Obtaining and examining cell site location records to find a person is a “search” in any normal sense of the word — a search of documents and a search for a person and her personal effects. It is therefore a “search” within the meaning of the Fourth Amendment in that it constitutes “examining,” “exploring,” “looking through,” “inquiring,” “seeking,” or “trying to find.” Nothing about the text of the Fourth Amendment, or the historical backdrop against which it was adopted, suggests that “search” should be construed more narrowly as, for example, intrusions upon subjectively manifested expectations of privacy that society is prepared to recognize as reasonable.Entrusting government agents with unfettered discretion to conduct searches using cell site location information undermines Fourth Amendment rights. The Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches.” The Framers chose that language deliberately. It reflected the insecurity they suffered at the hands of “writs of assistance,” a form of general warrant that granted state agents broad discretion to search wherever they pleased. Such arbitrary power was “unreasonable” to the Framers, being “against the reason of the common law,” and it was intolerable because of its oppressive impact on “the people” as a whole. As emphasized in one of the seminal English cases that inspired the Amendment, this kind of general power to search was “totally subversive of the liberty of the subject.” James Otis’s famous speech denouncing a colonial writ of assistance similarly condemned those writs as “the worst instrument of arbitrary power,” placing “the liberty of every man in the hands of every petty officer.” Thus, although those who drafted and ratified the Fourth Amendment could not have anticipated cellphone technology, they would have recognized the dangers inherent in any state claim of unlimited authority to conduct searches for evidence of criminal activity. Cell site location information provides insight into where we go and what we do. Because this information is constantly generated and can be retrieved by the government long after the activities it memorializes have taken place, unfettered government access to cell site location information raises the specter of general searches and undermines the security of “the people.

Using Probe Data Analytics for Assessing Freeway Speed Reductions During Rain Events

Rain impacts roadways such as wet pavement, standing water, decreased visibility, and wind gusts and can lead to hazardous driving conditions. This study investigates the use of high fidelity Doppler data at 1 km spatial and 2-minute temporal resolution in combination with commercial probe speed data on freeways. Segment-based space-mean speeds were used and drops in speeds during rainfall events of 5.5 mm/hour or greater over a one-month period on a section of four to six-lane interstate were assessed. Speed reductions were evaluated as a time series over a 1-hour window with the rain data. Three interpolation methods for estimating rainfall rates were tested and seven metrics were developed for the analysis. The study found sharp drops in speed of more than 40 mph occurred at estimated rainfall rates of 30 mm/hour or greater, but the drops did not become more severe beyond this threshold. The average time of first detected rainfall to impacting speeds was 17 minutes. The bilinear method detected the greatest number of events during the 1-month period, with the most conservative rate of predicted rainfall. The range of rainfall intensities were estimated between 7.5 to 106 mm/hour for the 39 events. This range was much greater than the heavy rainfall categorization at 16 mm/hour in previous studies reported in the literature. The bilinear interpolation method for Doppler data is recommended because it detected the greatest number of events and had the longest rain duration and lowest estimated maximum rainfall out of three methods tested, suggesting the method balanced awareness of the weather conditions around the roadway with isolated, localized rain intensities

Effectiveness of stratospheric solar-radiation management as a function of climate sensitivity

If implementation of proposals to engineer the climate through solar-radiation management (SRM) ever occurs, it is likely to be contingent on climate sensitivity. However, modelling studies examining the effectiveness of SRM as a strategy to offset anthropogenic climate change have used only the standard parameterizations of atmosphere–ocean general circulation models that yield climate sensitivities close to the Coupled Model Intercomparison Project mean. Here, we use a perturbed-physics ensemble modelling experiment to examine how the response of the climate to SRM implemented in the stratosphere (SRM-S) varies under different greenhouse-gas climate sensitivities. When SRM-S is used to compensate for rising atmospheric concentrations of greenhouse gases, its effectiveness in stabilizing regional climates diminishes with increasing climate sensitivity. However, the potential of SRM-S to slow down unmitigated climate change, even regionally, increases with climate sensitivity. On average, in variants of the model with higher sensitivity, SRM-S reduces regional rates of temperature change by more than 90% and rates of precipitation change by more than 50%.Engineering and Applied Science