Struggling Through the Thicket: Section 301 and the Washington Supreme Court

In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court\u27s 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee\u27s state law claim will be preempted if the underlying right is negotiable or if the employer\u27s defenses implicate the collective bargaining agreement. Under the second theory, an employee\u27s state law claim is preempted only when the right at issue derives from the provisions of a collective bargaining agreement; on the other hand, an employee\u27s state law claim will not be preempted if it is based on an independent state law duty. Professor Adams argues that the Washington Supreme Court, in adopting the second theory of section 301 preemption, has remained faithful to the United States Supreme Court\u27s complete preemption doctrine, while providing parties to collective bargaining agreements with a consistent method of adjudicating state law claims. He notes, however, a trend in lower federal courts and in state courts toward adoption of the first model and argues that if allowed to continue, that trend will be detrimental to the ability of unions to recruit employees and effectively bargain to protect their rights

Nature Versus Nurture: Luminous Blue Variable Nebulae in and near Massive Stellar Clusters at the Galactic Center

Three Luminous Blue Variables (LBVs) are located in and near the Quintuplet Cluster at the Galactic Center: the Pistol star, G0.120-0.048, and qF362. We present imaging at 19, 25, 31, and 37 {\mu}m of the region containing these three LBVs, obtained with SOFIA using FORCAST. We argue that the Pistol and G0.120-0.048 are identical ``twins" that exhibit contrasting nebulae due to the external influence of their different environments. Our images reveal the asymmetric, compressed shell of hot dust surrounding the Pistol Star and provide the first detection of the thermal emission from the symmetric, hot dust envelope surrounding G0.120-0.048. Dust and gas composing the Pistol nebula are primarily heated and ionized by the nearby Quintuplet Cluster stars. The northern region of the Pistol nebula is decelerated due to the interaction with the high-velocity (2000 km/s) winds from adjacent Wolf-Rayet Carbon (WC) stars. With the DustEM code we determine that the Pistol nebula is composed of a distribution of very small, transiently-heated grains (10-~35 {\AA}) and that it exhibits a gradient of decreasing grain size from the south to the north due to differential sputtering by the winds from the WC stars. Dust in the G0.120-0.048 nebula is primarily heated by the central star; however, the nebular gas is ionized externally by the Arches Cluster. Unlike the Pistol nebula, the G0.120-0.048 nebula is freely expanding into the surrounding medium. Given independent dust and gas mass estimates we find that the Pistol and G0.120-0.048 nebulae exhibit similar gas-to-dust mass ratios of ~310 and ~290, respectively. Both nebulae share identical size scales (~ 0.7 pc) which suggests that they have similar dynamical timescales of ~10^5 yrs, assuming a shell expansion velocity of v_exp 60 km/s.Comment: 18 pages, 7 figures, accepted to Ap

Old supernova dust factory revealed at the Galactic center

Dust formation in supernova ejecta is currently the leading candidate to explain the large quantities of dust observed in the distant, early Universe. However, it is unclear whether the ejecta-formed dust can survive the hot interior of the supernova remnant (SNR). We present infrared observations of ~0.02 $M_\odot$ of warm (~100 K) dust seen near the center of the ~10,000 yr-old Sgr A East SNR at the Galactic center. Our findings signify the detection of dust within an older SNR that is expanding into a relatively dense surrounding medium ($n_e$ ~ 100 $\mathrm{cm}^{-3}$) and has survived the passage of the reverse shock. The results suggest that supernovae may indeed be the dominant dust production mechanism in the dense environment of early Universe galaxies.Comment: 25 pages, 5 figures. Includes supplementary materials. Published Online March 19 2015 on Science Expres

Cdc53p acts in concert with Cdc4p and Cdc34p to control the G1 to S phase transition and identifies a conserved family of proteins

Regulation of cell cycle progression occurs in part through the targeted degradation of both activating and inhibitory subunits of the cyclin-dependent kinases. During G1, CDC4, encoding a WD-40 repeat protein, and CDC34, encoding a ubiquitin-conjugating enzyme, are involved in the destruction of these regulators. Here we describe evidence indicating that CDC53 also is involved in this process. Mutations in CDC53 cause a phenotype indistinguishable from those of cdc4 and cdc34 mutations, numerous genetic interactions are seen between these genes, and the encoded proteins are found physically associated in vivo. Cdc53p defines a large family of proteins found in yeasts, nematodes, and humans whose molecular functions are uncharacterized. These results suggest a role for this family of proteins in regulating cell cycle proliferation through protein degradation

On-chip absorption and fluorescence spectroscopy with polydimethylsiloxane (PDMS) microfluidic flow channels

We describe a system, which integrates PDMS microfluidic flow channels, a CMOS active pixel sensor (APS) imager, and commercial light sources for performing visible absorption and fluorescence spectroscopy. PDMS elastomer allows for spectroscopic measurements to be performed in the visible (350 to 750 nm) wavelength range. Along with a sensitive silicon photodetector such as an APS imager, measurements can be made on low concentrations of solutions by placing the microfluidic flow channels directly on the imager. Emission sources for absorption measurements are typically commercial LEDs with peak emission wavelengths that match the peak absorption wavelengths of the material under test. For calibration purposes, known dyes are tested and compared with the results obtained from the imager. Fluorescence measurements are performed in much the same way, but a band-blocking filter is placed between the microfluidic channels and the imager to greatly attenuate the pump wavelength. Typical emission sources for fluorescence are commercial Ar ion lasers and semiconductor lasers. We feel that the system has great advantages due to its miniaturized size and small fluid volumes required. Further system miniaturization is also possible due to the integration of emission sources and the expandability of CMOS imagers to integrate on board image processing

Gross Domestic Product (GDP) and productivity of schizophrenia trials: an ecological study

The 5000 randomised controlled trials (RCTs) in the Cochrane Schizophrenia Group's database affords an opportunity to research for variables related to the differences between nations of their output of schizophrenia trials. Ecological study – investigating the relationship between four economic/demographic variables and number of schizophrenia RCTs per country. The variable with closest correlation was used to predict the expected number of studies. GDP closely correlated with schizophrenia trial output, with 76% of the total variation about the Y explained by the regression line (r = 0.87, 95% CI 0.79 to 0.92, r2 = 0.76). Many countries have a strong tradition of schizophrenia trials, exceeding their predicted output. All nations with no identified trial output had GDPs that predicted zero trial activity. Several nations with relatively small GDPs are, nevertheless, highly productive of trials. Some wealthy countries seem either not to have produced the expected number of randomised trials or not to have disseminated them to the English-speaking world. This hypothesis-generating study could not investigate causal relationships, but suggests, that for those seeking all relevant studies, expending effort searching the scientific literature of Germany, Italy, France, Brazil and Japan may be a good investment

Ariel - Volume 9 Number 5

Executive Editor Seth B. Paul Associate Editor Warren J. Ventriglia Business Manager Fredric Jay Matlin University News John Patrick Welch World News George Robert Coar Editorials Editor Steve Levine Features Mark Rubin Brad Feldstein Sports Editor Eli Saleeby Photo Editor Ken Buckwalter Circulation Victor Onufreiczuk Lee Wugofski Graphics and Art Steve Hulkower Commons Editor Brenda Peterso

Smectic-C tilt under shear in Smectic-A elastomers

Stenull and Lubensky [Phys. Rev. E {\bf 76}, 011706 (2007)] have argued that shear strain and tilt of the director relative to the layer normal are coupled in smectic elastomers and that the imposition of one necessarily leads to the development of the other. This means, in particular, that a Smectic-A elastomer subjected to a simple shear will develop Smectic-C-like tilt of the director. Recently, Kramer and Finkelmann [arXiv:0708.2024, Phys. Rev. E {\bf 78}, 021704 (2008)] performed shear experiments on Smectic-A elastomers using two different shear geometries. One of the experiments, which implements simple shear, produces clear evidence for the development of Smectic-C-like tilt. Here, we generalize a model for smectic elastomers introduced by Adams and Warner [Phys. Rev. E {\bf 71}, 021708 (2005)] and use it to study the magnitude of Smectic-C-like tilt under shear for the two geometries investigated by Kramer and Finkelmann. Using reasonable estimates of model parameters, we estimate the tilt angle for both geometries, and we compare our estimates to the experimental results. The other shear geometry is problematic since it introduces additional in-plane compressions in a sheet-like sample, thus inducing instabilities that we discuss.Comment: 8 pages, 5 figure