Science in the Court: Is There a Role for Alternative Dispute Resolution

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation

Research Investigation on Dense Scintillation Glass for Use in Total Absorption Nuclear Cascade Detectors

Three approaches to the development of a high density scintillation glass were investigated: They include the increase of density of glass systems containing cerium - the only systems which were known to show scintillation, the testing of a novel silicate glass system containing significant concentrations of silver produced by ion exchange and never tested previously, and the hot pressing of a diphasic compact of low density scintillation glass with high density passive glass. In first two cases, while ultraviolet excited fluorescence was maintained in the glasses showing high density, scintillation response to high energy particles was not retained in the case of the cerium containing glasses or developed in the case of the silver containing glasses. In the case of the compacts, the extremely long path length caused by the multiple internal reflections which occur in such a body resulted in attenuation even with glasses of high specific transmission. It is not clear why the scintillation efficiency is not maintained in the higher density cerium containing glasses

What We Don\u27t Know About Class Actions but Hope to Know Soon

Legislation that would alter class action practice in the federal courts has been pending in Congress. Nearly a decade’s worth of U.S. Supreme Court cases have restricted the scope and ease of use of the class action device. Class action critics argue that class litigation is a “racket” that fails to compensate plaintiffs and instead enriches plaintiffs’ lawyers at the expense of legitimate business practices. On the other hand, defenders of class actions decry the legislative and judicial forces aligned against them, warning that trends in class action law will eviscerate the practical rights held by consumers and workers. In short, there is considerable controversy over whether class actions are an economic menace or a boon to the little guys. We have two purposes in this brief Article. First, we wish to focus continuing attention on the need for more empirical information about the actual functioning of the federal class action system. Second, we wish to share our current efforts to use a one-of-a-kind collection of docket reports, originally harvested from Public Access to Court Electronic Records (PACER), to fill the empirical gap. Presentation of empirical findings resulting from this effort awaits a future article. However, this Article includes suggestions as to how the federal judiciary and Administrative Office of the United States Courts (“AO”) could improve data management and data reporting so as to make information about federal class actions more accessible to scholars and others interested in how the class action device operates in practice and what reforms, if any, would be advisable

“Volunteering” to Arbitrate Through Predispute Arbitration Clauses: The Average Consumer’s Experience

This article helps build the empirical foundation necessary for an informed debate regarding arbitration clauses in consumer contracts by providing preliminary insight into how businesses\u27 use of these clauses affects consumers\u27 ability to pursue their legal rights. To this end, the article reports the results of a study investigating, in a wide variety of consumer purchases, the frequency with which the average consumer encounters arbitration clauses, the key provisions of these clauses, and the implications of these clauses for consumers who subsequently have disputes with businesses they patronize

The Exceptionally Soft X-ray Spectrum of the Low-mass Starburst Galaxy NGC 1705

NGC 1705 is one of the optically brightest and best studied dwarf galaxies. It appears to be in the late stage of a major starburst and contains a young super star cluster. Type II supernovae are therefore likely to have been a major effect in the recent evolution of this galaxy and are likely to have produced a superbubble whose affects on the low-density ambient interstellar medium can be ideally studied. ROSAT PSPC observations of this galaxy reveal two striking blobs of X-ray emission embedded in \Ha loops which can be interpreted as both sides of the upper plumes of the same superbubble. These sources are a surprise. They are much softer than those observed from other starburst dwarf galaxies, and are so soft that they should have been blocked if the observed Galactic HI column density were uniformly distributed across NGC 1705 or if the sources were embedded in the HI disk of NGC 1705. In addition, the total X-ray luminosity in the ROSAT energy band of 1.2x10^{38} erg s^{-1} is low in comparison to similar objects. We discuss possible models for the two X-ray peaks in NGC 1705 and find that the sources most likely originate from relatively cool gas of one single superbubble in NGC 1705. The implications of the exceptional softness of these sources are addressed in terms of intrinsic properties of NGC 1705 and the nature of the foreground Galactic absorption.Comment: 7 pages, 2 ps-figures, LATEX-file; accepted for publication in ApJ.Letter