Practice and Procedure under Amended Rule 11 of the Federal Rules of Civil Procedure

The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed

Some Practical Implications of Civil RICO Cases

Enacted as Title IX of the Organized Crime Control Act of 1970, the Racketeer Influenced and Corrupt Organizations Act (commonly known by the appellation RICO or The RICO Act ) was the end product of a lengthy legislative effort to develop new legal remedies to deal with the problem of organized crime. In recent years, however, the statute has become the focus of controversy as plaintiffs, compelled by the possibility of winning treble damages and attorney\u27s fees, have sought to apply the civil remedies provision of the Act to all types of cases, including those involving what might be termed garden variety business fraud. The civil damages provision of the RICO Act has been the subject of much legal commentary. Unfortunately, previous articles have generally provided the practitioner with little guidance regarding some of the practical aspects of civil RICO litigation, i.e., how to determine when your client has a civil RICO claim, where and when to file the action and, most importantly, how (and hopefully how not) to try a civil RICO case. The purpose of this article is to set forth some approaches to these practical problems

Practice and Procedure under Amended Rule 11 of the Federal Rules of Civil Procedure

The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed

An Electrolysis Experiment for a Middle School Summer Science Camp

Higher education is often culturally deemphasized in the geographic area served by our rural, regional campus. As a result, faculty members have the opportunity to spearhead teaching efforts designed to educate the community about the importance of obtaining a post-secondary degree. To this end, we recently held a Science Summer Camp for middle school students, designed to infuse young people with an increased excitement for STEM (Science, Technology, Engineering, and Math) education. In this report, we summarize a chemical electrolysis experiment we carried out with middle school students for our annual Science Summer Camp. We also provided procedural guidelines for small- and large-scale experiments. In the latter case, evolved H2 gas can be detonated for effect. Two modifications from literature procedure include: (1) using glass burettes, instead of test tubes, to collect the evolving H2 and O2 gases for the small-scale setup; and (2) prefilling the 100-mL graduated collection cylinders with aqueous NaOH prior to beginning electrolysis. Because these modifications provide aqueous solution in the collection reservoirs prior to starting the experiment, the total time required for the experiment is greatly reduced (~30 minutes)

Near Real-Time Detection Of Pipe Burst Events In Cascading District Metered Areas

A fully automated Event Recognition System (ERS) for the near real-time detection of pipe bursts and other network events such as boundary valve status changes and pressure management valve faults has been recently developed by the authors. This paper focuses on the further development of this system. The aim is to enhance the ERS approximate event location and alarm handling capabilities by developing and testing a new methodology that, in the case of cascading District Metered Areas (DMAs), automatically determines in which DMA an event occurred. The newly developed methodology makes use of a set of heuristic rules based on engineering knowledge, the Water Distribution System (WDS) schematic and the ERS outputs. The results of applying the new methodology to the historical pressure/flow data from several groups of cascading DMAs in the United Kingdom (UK) with real-life burst events are reported in this paper. The results obtained illustrate that the developed methodology not only enabled detecting the burst events occurred in a timely (i.e., within 30 minutes) and reliable (i.e., without any false alarm) manner but also allowed to always successfully determine in which DMA the event happened. The latter capability enables water companies to target the resources for the identification of the exact burst location to the greatest effect. Additionally, it enables reducing the potential of false alarms and the overall number of detection alarms, thereby facilitating interpretation of the ERS results

Follow the Oxygen: Comparative Histories of Planetary Oxygenation and Opportunities for Aerobic Life

Aerobic respiration—the reduction of molecular oxygen (O_2) coupled to the oxidation of reduced compounds such as organic carbon, ferrous iron, reduced sulfur compounds, or molecular hydrogen while conserving energy to drive cellular processes—is the most widespread and bioenergetically favorable metabolism on Earth today. Aerobic respiration is essential for the development of complex multicellular life; thus the presence of abundant O_2 is an important metric for planetary habitability. O_2 on Earth is supplied by oxygenic photosynthesis, but it is becoming more widely understood that abiotic processes may supply meaningful amounts of O_2 on other worlds. The modern atmosphere and rock record of Mars suggest a history of relatively high O2 as a result of photochemical processes, potentially overlapping with the range of O_2 concentrations used by biology. Europa may have accumulated high O_2 concentrations in its subsurface ocean due to the radiolysis of water ice at its surface. Recent modeling efforts suggest that coexisting water and O2 may be common on exoplanets, with confirmation from measurements of exoplanet atmospheres potentially coming soon. In all these cases, O_2 accumulates through abiotic processes—independent of water-oxidizing photosynthesis. We hypothesize that abiogenic O_2 may enhance the habitability of some planetary environments, allowing highly energetic aerobic respiration and potentially even the development of complex multicellular life which depends on it, without the need to first evolve oxygenic photosynthesis. This hypothesis is testable with further exploration and life-detection efforts on O_2-rich worlds such as Mars and Europa, and comparison to O_2-poor worlds such as Enceladus. This hypothesis further suggests a new dimension to planetary habitability: “Follow the Oxygen,” in which environments with opportunities for energy-rich metabolisms such as aerobic respiration are preferentially targeted for investigation and life detection

The FathomNet2023 Competition Dataset

Ocean scientists have been collecting visual data to study marine organisms for decades. These images and videos are extremely valuable both for basic science and environmental monitoring tasks. There are tools for automatically processing these data, but none that are capable of handling the extreme variability in sample populations, image quality, and habitat characteristics that are common in visual sampling of the ocean. Such distribution shifts can occur over very short physical distances and in narrow time windows. Creating models that are able to recognize when an image or video sequence contains a new organism, an unusual collection of animals, or is otherwise out-of-sample is critical to fully leverage visual data in the ocean. The FathomNet2023 competition dataset presents a realistic scenario where the set of animals in the target data differs from the training data. The challenge is both to identify the organisms in a target image and assess whether it is out-of-sample.Comment: Competition was presented as part of the 10th Fine Grained Visual Categorization workshop at the 2023 Computer Vision and Pattern Recognition conference. 4 pages, 4 figure

Early Contrast Enhancement: a novel Magnetic Resonance Imaging biomarker of pleural malignancy

Introduction: Pleural Malignancy (PM) is often occult on subjective radiological assessment. We sought to define a novel, semi-objective Magnetic Resonance Imaging (MRI) biomarker of PM, targeted to increased tumour microvessel density (MVD) and applicable to minimal pleural thickening. Materials and methods: 60 consecutive patients with suspected PM underwent contrast-enhanced 3-T MRI then pleural biopsy. In 58/60, parietal pleura signal intensity (SI) was measured in multiple regions of interest (ROI) at multiple time-points, generating ROI SI/time curves and Mean SI gradient (MSIG: SI increment/time). The diagnostic performance of Early Contrast Enhancement (ECE; which was defined as a SI peak in at least one ROI at or before 4.5 min) was compared with subjective MRI and Computed Tomography (CT) morphology results. MSIG was correlated against tumour MVD (based on Factor VIII immunostain) in 31 patients with Mesothelioma. Results: 71% (41/58) patients had PM. Pleural thickening was <10 mm in 49/58 (84%). ECE sensitivity was 83% (95% CI 61–94%), specificity 83% (95% CI 68–91%), positive predictive value 68% (95% CI 47–84%), negative predictive value 92% (78–97%). ECE performance was similar or superior to subjective CT and MRI. MSIG correlated with MVD (r = 0.4258, p = .02). Discussion: ECE is a semi-objective, perfusion-based biomarker of PM, measurable in minimal pleural thickening. Further studies are warranted

Very Shallow Water Bathymetry Retrieval from Hyperspectral Imagery at the Virginia Coast Reserve (VCR\u2707) Multi-Sensor Campaign

A number of institutions, including the Naval Research Laboratory (NRL), have developed look up tables for remote retrieval of bathymetry and in-water optical properties from hyperspectral imagery (HSI) [6]. For bathymetry retrieval, the lower limit is the very shallow water case (here defined as \u3c 2m), a depth zone which is not well resolved by many existing bathymetric LIDAR sensors, such as SHOALS [4]. The ability to rapidly model these shallow water depths from HSI directly has potential benefits for combined HSI/LIDAR systems such as the Compact Hydrographic Airborne Rapid Total Survey (CHARTS) [10]. In this study, we focused on the validation of a near infra-red feature, corresponding to a local minimum in absorption (and therefore a local peak in reflectance), which can be correlated directly to bathymetry with a high degree of confidence. Compared to other VNIR wavelengths, this particular near-IR feature corresponds to a peak in the correlation with depth in this very shallow water regime, and this is a spectral range where reflectance depends primarily on water depth (water absorption) and bottom type, with suspended constituents playing a secondary role