Revisiting The United States Application Of Punitive Damages: Separating Myth From Reality

The application of punitive damages in the United States is widely misunderstood by European jurists

Application of the Public-Trust Doctrine and Principles of Natural Resource Management to Electromagnetic Spectrum

The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, wildlife preserves, and even the air. Electromagnetic spectrum is at least as valuable as these other resources, so access to it should be similarly guaranteed in order for the public to enjoy its full potential. This Article will first show that there is a problem with the way that the electromagnetic spectrum is regulated, that its regulation stifles innovation and has favored incumbents by wrongly giving them exclusive access to a natural resource at no charge, and that the situation has been exacerbated by mistakenly assuming that auctions are a panacea for past spectrum-allocation problems. The Article will then argue that the public- trust doctrine, as well as other more general concepts borrowed from environmental-law scholarship-such as sustainable consumption, electromagnetic pollution, and ecological imbalance-should be imported into a new spectrum-management paradigm. Two technologies, Ultra-Wideband and Software Defined Radio, may be well-suited for a new regulatory paradigm that is freer than the one that the spectrum has always had, and that provides for access to the spectrum\u27s being guaranteed by the public-trust doctrine

European Spectrum Management Principles, 23 J. Marshall J. Computer & Info. L. 277 (2005)

Any discussion of European policies is a complicated one, in part because the word Europe means different things to different people. At the present time, the European Union has expanded to twenty-five countries and more countries may become provisional members within the next years. These countries represent a multitude of cultures, languages, and legal traditions so talking about a European approach to a given matter is to risk making inherently flawed generalizations about diverse peoples, cultures, and systems. However, one generalization is rather safe to assert: the traditional regulatory model in Europe has been based on a state-run monopoly structure that has concretely changed only within the past ten years while private ownership of telecommunications networks is a very new concept, as is the growth and consolidation of equipment providers. The article starts with covering aspects of developing laws within the European Union, as well as discusses member countries\u27 attempts to coordinate their regulatory efforts in a relentless move away from telecommunications monopolies and towards free markets. This concept of spectrum management at the European Union level has begun only recently because frequencies have traditionally been allocated, allotted, and assigned by the individual states. It then provides an overview of the important technology-related actions taken by the European Union in past years, including the implementation of technology promotion programs such as the RACE program and the passage of the new framework for telecommunications and its associated Radio Spectrum Decision. By analyzing past actions and based on the success of European lawmaking in spite of distance, language and cultural differences as well as the radical change of telecommunications management from a process of coordination among government telecommunication ministries to a more complicated consensus-building procedure among private industries the author predicts that the trends toward the continued privatization of telecommunications and the transfer of responsibility from the public to the private realm will become stronger in the future, especially since a strong communications framework is not only a matter of importance to the public, but it is also critical to the European Union\u27s ability to function smoothly as an economic community

Consolidated Markets, Brand Competition, and Orange Juice Prices

This paper examines how consolidation in the marketing system affects prices for orange juice. We isolated the pricing behavior of brand marketers, wholesalers, and retailers by observing the retail prices for specific orange juice products, including leading national brands and private label brands, in 54 U.S. markets over a 1-year period. The data provided little compelling evidence that consolidated markets engaged in non-competitive pricing behavior. Increased brand competition, particularly between private labels and leading national brands, did, however, appear to lower average market prices.consumer demographics, national brands, orange juice, price behavior, private labels, wholesaler concentration, retailer concentration, Demand and Price Analysis, Industrial Organization,

The eIF4F and eIFiso4F Complexes of Plants: An Evolutionary Perspective

Translation initiation in eukaryotes requires a number of initiation factors to recruit the assembled ribosome to mRNA. The eIF4F complex plays a key role in initiation and is a common target point for regulation of protein synthesis. Most work on the translation machinery of plants to date has focused on flowering plants, which have both the eIF4F complex (eIF4E and eIF4G) as well as the plant-specific eIFiso4F complex (eIFiso4E and eIFiso4G). The increasing availability of plant genome sequence data has made it possible to trace the evolutionary history of these two complexes in plants, leading to several interesting discoveries. eIFiso4G is conserved throughout plants, while eIFiso4E only appears with the evolution of flowering plants. The eIF4G N-terminus, which has been difficult to annotate, appears to be well conserved throughout the plant lineage and contains two motifs of unknown function. Comparison of eIFiso4G and eIF4G sequence data suggests conserved features unique to eIFiso4G and eIF4G proteins. These findings have answered some questions about the evolutionary history of the two eIF4F complexes of plants, while raising new ones

Media Narratives and Possibilities for Teachers’ Embodied Concepts of Self

Non-print media of radio, television, and film tell narratives about the image and practice of teachers, but how might these media narratives shape conceptions of teachers as well as teachers’ conceptions of themselves? What elements of the media narratives do we incorporate and reject in the narratives that we construct about their professional identities? How do these media and personal narratives interact with larger social narratives, such as the purposes for schools and gender role expectations? We take a historical view of the shaping power of media narratives and the contexts in which they flourished by looking to past depictions of teachers in radio, television, and film

A Model for Emergency Service of VoIP through Certification and Labeling

Voice over Internet Protocol (VoIP) will transform many aspects of traditional telephony service, including the technology, the business models, and the regulatory constructs that govern such service. Perhaps not unexpectedly, this transformation is generating a host of technical, business, social, and policy problems. In attempting to respond to these problems, the Federal Communications Commission (FCC) could mandate obligations or specific solutions to VoIP policy issues; however, it is instead looking first to industry initiatives focused on the key functionality that users have come to expect of telecommunications services. High among this list of desired functionality is user access to emergency services for purposes of summoning fire, medical, and law enforcement agencies. Such services were traditionally required to be implemented (and subsequently were implemented) through state and federal regulations. An emergency service capability is a critical social concern, making it particularly important for the industry to propose viable solutions for promoting VoIP emergency services before regulators are compelled to mandate a solution. Reproducing emergency services in the VoIP space has proven to be a considerable task, mainly due to the wide and diverse variety of VoIP implementations and implementers. While technical and business communities have, in fact, made considerable progress in this area, significant uncertainty and deployment problems still exist. The question we ask is this: Can an industry-based certification and labeling process credibly address social and policy expectations regarding emergency services and VoIP, thus avoiding the need for government regulation at this critical time? We hypothesize that the answer is “yes.” In answering this question, we developed a model for VoIP emergency service compliance through industry certification and device labeling. This model is intended to support a wide range of emergency service implementations while providing users with sufficient verification that the service will operate as anticipated. To this end, we first examine possible technical implementations for VoIP emergency services. Next, we summarize the theory of certification as self-regulation and examine several relevant examples. Finally, we synthesize a specific model for certification of VoIP emergency services. We believe that the model we describe provides both short-term and long-term opportunities. In the short term, an industry-driven effort to solve the current problem of VoIP emergency services, if properly structured and overseen as we suggest, should be both effective and efficient. In the long term, such a process can serve as a self-regulatory model that can be applied to social policy goals in the telecommunications industry, making it an important tool to have as the industry becomes increasingly diverse and heterogeneous

Self-referenced continuous-variable quantum key distribution protocol

We introduce a new continuous-variable quantum key distribution (CV-QKD) protocol, self-referenced CV-QKD, that eliminates the need for transmission of a high-power local oscillator between the communicating parties. In this protocol, each signal pulse is accompanied by a reference pulse (or a pair of twin reference pulses), used to align Alice's and Bob's measurement bases. The method of phase estimation and compensation based on the reference pulse measurement can be viewed as a quantum analog of intradyne detection used in classical coherent communication, which extracts the phase information from the modulated signal. We present a proof-of-principle, fiber-based experimental demonstration of the protocol and quantify the expected secret key rates by expressing them in terms of experimental parameters. Our analysis of the secret key rate fully takes into account the inherent uncertainty associated with the quantum nature of the reference pulse(s) and quantifies the limit at which the theoretical key rate approaches that of the respective conventional protocol that requires local oscillator transmission. The self-referenced protocol greatly simplifies the hardware required for CV-QKD, especially for potential integrated photonics implementations of transmitters and receivers, with minimum sacrifice of performance. As such, it provides a pathway towards scalable integrated CV-QKD transceivers, a vital step towards large-scale QKD networks.Comment: 14 pages, 10 figures. Published versio

Comparison of transabdominal ultrasound and electromagnetic transponders for prostate localization.

The aim of this study is to compare two methodologies of prostate localization in a large cohort of patients. Daily prostate localization using B-mode ultrasound has been performed at the Nebraska Medical Center since 2000. More recently, a technology using electromagnetic transponders implanted within the prostate was introduced into our clinic (Calypso(R)). With each technology, patients were localized initially using skin marks. Localization error distributions were determined from offsets between the initial setup positions and those determined by ultrasound or Calypso. Ultrasound localization data was summarized from 16619 imaging sessions spanning 7 years; Calypso localization data consists of 1524 fractions in 41 prostate patients treated in the course of a clinical trial at five institutions and 640 localizations from the first 16 patients treated with our clinical system. Ultrasound and Calypso patients treated between March and September 2007 at the Nebraska Medical Center were analyzed and compared, allowing a single institutional comparison of the two technologies. In this group of patients, the isocenter determined by ultrasound-based localization is on average 5.3 mm posterior to that determined by Calypso, while the systematic and random errors and PTV margins calculated from the ultrasound localizations were 3 - 4 times smaller than those calculated from the Calypso localizations. Our study finds that there are systematic differences between Calypso and ultrasound for prostate localization

Creating Order Out of Chaos? Development of a Measure of Perceived Effects of Communication on the Crisis Organizing Process

Organizations are important sources of communication during natural-hazard crises. How members of an organization perceive these communications (e.g., creating confusion, causing disorder, providing clarity, and restoring order) influences response and recovery from such a crisis. Using Chaos Theory as a guiding framework, the authors developed a new instrument measuring the perceived effects of an organization’s communication on crisis-organizing processes. Three distinct studies were conducted to assess the reliability and validity of this new instrument: the “Perceived Effects of Communication on the Crisis-organizing Process (PEC-COP)” scale. This one-factor scale can be used by both scholars and practitioners to assess the effects of an organization’s communication on how people organize (i.e., react and respond) during a crisis. By gaining greater insight into how an organization’s communication is perceived, the organization can better prepare to communicate in ways that promote efficient and effective crisis-organizing processes throughout a natural-hazard crisis. Effective communication can create order out of chaos