Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright\u27s Precedent Gridlock

Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This is most unfortunate, for there, a vicious cycle has taken hold: high litigation costs discourage many market participants from taking cases to trial or summary judgment in order to vindicate their legal rights, even when they have strong cases. Thus, parties settle almost every case, which in turn prevents resolution of longstanding precedential questions in critical areas of copyright law. The legal uncertainty resulting from this precedential gridlock generates higher avoidance costs and poses more financial risks for market participants, particularly less-heeled or less-established parties. This Note proposes one way in which litigation finance could help break that cycle. Specifically, rights holders and defendants alike can use litigation finance to fund strategic-litigation campaigns to pressure the development of precedent. To illustrate how this might work, this Note examines litigation finance in the narrow context of music copyright, an area that perfectly illustrates the problems besetting copyright law writ large. In doing so, this Note flips a popular criticism of litigation finance on its head: while some scholars argue that litigation finance can distort litigation strategy by encouraging litigants to reject mutually beneficial settlements, it is normatively desirable to do so given the unsettled state of music copyright law

Health Care’s Other “Big Deal”: Direct Primary Care Regulation in Contemporary American Health Law

Direct primary care is a promising, market-based alternative to the fee-for-service payment structure that shapes doctor–patient relationships in America. Instead of billing patients and insurers service by service, direct primary care doctors charge their patients a periodic, prenegotiated fee in exchange for providing a wide range of healthcare services and increased availability compared to traditional practices. This “subscription” model is intended to eliminate the administrative burdens associated with insurer interaction, which, in theory, allows doctors to spend more time with their patients and less time doing paperwork. Direct practices have become increasingly popular since Congress passed the Affordable Care Act (ACA). This growth has been driven by legislation in several states that resolves a number of legal questions that slowed the model’s growth and by the ACA’s recognition of the model as a permissible way to cover primary care in “approved” health plans. Yet legal scholars have hardly focused on direct primary care. Given the model’s growth, however, the time is ripe for a more focused legal inquiry. This Note begins that inquiry. After tracing the model’s evolution and its core components, this Note substantively examines the laws in states that regulate direct practices and analyzes how those laws address a number of potential policy concerns. It then analyzes direct primary care’s broader role in the contemporary American healthcare marketplace. Based upon that analysis, this Note concludes that direct primary care is a beneficial innovation that harmonizes well with a cooperative-federalism-based healthcare policy model

A Transportation Alliance of Environmental Horticulture Producers in Georgia: Issues and Feasibility

Transportation and shipping costs of ornamental horticulture are 10% of total cost of production in Georgia. With many small to medium sized producers using their own independent transportation system, methods to optimize vehicle operations are desired. Will a transportation alliance reduce shipping costs, increase distribution efficiencies, and reduce carbon dioxide emissions among ornamental plants producers in Georgia? The study shows alliances are not only feasible, they have average total cost savings of 9%, average total miles driven savings of 8%, average number of trucks savings of 8%, average driving hours savings of 15%, and average carbon dioxide emissions savings of 8%.transportation, logistics, efficiencies, savings, environmental horticulture, Agribusiness,

A probabilistic approach to quantum Bayesian games of incomplete information

A Bayesian game is a game of incomplete information in which the rules of the game are not fully known to all players. We consider the Bayesian game of Battle of Sexes that has several Bayesian Nash equilibria and investigate its outcome when the underlying probability set is obtained from generalized Einstein-Podolsky-Rosen experiments. We find that this probability set, which may become non-factorizable, results in a unique Bayesian Nash equilibrium of the game.Comment: 18 pages, 2 figures, accepted for publication in Quantum Information Processin

Pilots' use of a traffic alert and collision-avoidance system (TCAS 2) in simulated air carrier operations. Volume 2: Appendices

Pilots' use of and responses to a traffic alert and collision-avoidance system (TCAS 2) in simulated air carrier line operations are discribed in Volume 1. TCAS 2 monitors the positions of nearby aircraft by means of transponder interrogation, and it commands a climb or descent which conflicting aircraft are projected to reach an unsafe closest point-of-approach within 20 to 25 seconds. A different level of information about the location of other air traffic was presented to each of three groups of flight crews during their execution of eight simulated air carrier flights. A fourth group of pilots flew the same segments without TCAS 2 equipment. Traffic conflicts were generated at intervals during the flights; many of the conflict aircraft were visible to the flight crews. The TCAS equipment successfully ameliorated the seriousness of all conflicts; three of four non-TCAS crews had hazardous encounters. Response times to TCAS maneuver commands did not differ as a function of the amount of information provided, nor did response accuracy. Differences in flight experience did not appear to contribute to the small performance differences observed. Pilots used the displays of conflicting traffic to maneuver to avoid unseen traffic before maneuver advisories were issued by the TCAS equipment. The results indicate: (1) that pilots utilize TCAS effectively within the response times allocated by the TCAS logic, and (2) that TCAS 2 is an effective collision avoidance device. Volume 2 contains the appendices referenced in Volume 1, providing details of the experiment and the results, and the text of two reports written in support of the program

A microcontroller system for investigating the catch effect: Functional electrical stimulation of the common peroneal nerve

Correction of drop foot in hemiplegic gait is achieved by electrical stimulation of the common peroneal nerve with a series of pulses at a fixed frequency. However, during normal gait, the electromyographic signals from the tibialis anterior muscle indicate that muscle force is not constant but varies during the swing phase. The application of double pulses for the correction of drop foot may enhance the gait by generating greater torque at the ankle and thereby increase the efficiency of the stimulation with reduced fatigue. A flexible controller has been designed around the Odstock Drop Foot Stimulator to deliver different profiles of pulses implementing doublets and optimum series. A peripheral interface controller (PIC) microcontroller with some external circuits has been designed and tested to accommodate six profiles. Preliminary results of the measurements from a normal subject seated in a multi-moment chair (an isometric torque measurement device) indicate that profiles containing doublets and optimum spaced pulses look favourable for clinical use

The swept angle retarding mass spectrometer: Initial results from the Michigan auroral probe sounding rocket

Data from a sounding rocket flight of the swept angle retarding ion mass spectrometer (SARIMS) are presented to demonstrate the capability of the instrument to make measurements of thermal ions which are differential in angle, energy, and mass. The SARIMS was flown on the Michigan auroral probe over regions characterized first by discrete auroral arcs and later by diffuse precipitation. The instrument measured the temperature, densities, and flow velocities of the ions NO(+) and O(+). Measured NO(+) densities ranged from 10 to the 5th power up to 3 x 10 to the 5th power ions/cu cm, while the measured O(+) densities were a factor of 5-10 less. Ion temperatures ranged from 0.15 up to 0.33 eV. Eastward ion flows approximately 0.5 km/sec were measured near the arcs, and the observed flow magnitude decreased markedly inside the arcs

Nutritional strategies of British professional and amateur natural bodybuilders during competition preparation

Background: To prepare for competition, bodybuilders employ strategies based around: energy restriction, resistance training, cardiovascular exercise, isometric "posing", and supplementation. Cohorts of professional (PRO) natural bodybuilders offer insights into how these strategies are implemented by elite competitors, and are undocumented in the scientific literature. Methods: Forty-seven competitors (33 male (8 PRO, 25 amateur (AMA), 14 female (5 PRO, 9 AMA) participated in the study. All PROs were eligible to compete with the Drug Free Athletes Coalition (DFAC), and all AMAs were recruited from the British Natural Bodybuilding Federation (BNBF). Competitors in these organisations are subject to a polygraph and are drug tested in accordance with the World Anti-Doping Agency. We report the results of a cross-sectional study of drug free bodybuilders competing at BNBF qualifying events, and the DFAC and World Natural Bodybuilding Federation finals. Participants completed a 34-item questionnaire assessing dietary intake at three time points (start, middle and end) of competition preparation. Participants recorded their food intake over a 24-h period in grams and/or portions. Dietary intakes of PRO and AMA competitors were then compared. Repeated measures ANOVA was used to test if nutrient intake changed over time, and for associations with division. Results: Male PROs reported significantly (p < 0.05) more bodybuilding experience than AMAs (PRO: 12.3 +/- 9.2, AMA: 2.4 +/- 1.4 yrs). Male PROs lost less body mass per week (PRO: 0.5 +/- 0.1, AMA: 0.7 +/- 0.2%, p < 0.05), and reported more weeks dieting (PRO: 28.1 +/- 8.1, AMA: 21.0 +/- 9.4 wks, P = 0.06). Significant differences (p < 0.05) of carbohydrate and energy were also recorded, as well as a difference (p = 0.03) in the estimated energy deficit (EED), between male PRO (2.0 +/- 5.5 kcal) and AMA (- 3.4 +/- 5.5 kcal) competitors. Conclusions: Longer diets and slower weight loss utilized by PROs likely contributed towards a lower EED compared to the AMAs. Slower weight loss may constitute an effective strategy for maintaining energy availability and muscle mass during an energy deficit. These findings require corroboration, but will interest bodybuilders and coaches

LTV beta-bremsstrahlung spectrometer for Gemini 12 Final report

Design and operation of combination bremsstrahlung spectrometer and data processor for radiation monitoring during Gemini 7 fligh

Pilots' use of a traffic alert and collision-avoidance system (TCAS 2) in simulated air carrier operations. Volume 1: Methodology, summary and conclusions

Pilots' use of and responses to a traffic alert and collision-avoidance system (TCAS 2) in simulated air carrier line operations are described in Volume 1. TCAS 2 monitors the positions of nearby aircraft by means of transponder interrogation, and it commands a climb or descent when conflicting aircraft are projected to reach an unsafe closest point-of-approach within 20 to 25 seconds. A different level of information about the location of other air traffic was presented to each of three groups of flight crews during their execution of eight simulated air carrier flights. A fourth group of pilots flew the same segments without TCAS 2 equipment. Traffic conflicts were generated at intervals during the flights; many of the conflict aircraft were visible to the flight crews. The TCAS equipment successfully ameliorated the seriousness of all conflicts; three of four non-TCAS crews had hazardous encounters. Response times to TCAS maneuver commands did not differ as a function of the amount of information provided, nor did response accuracy. Differences in flight experience did not appear to contribute to the small performance differences observed. Pilots used the displays of conflicting traffic to maneuver to avoid unseen traffic before maneuver advisories were issued by the TCAS equipment. The results indicate: (1) that pilots utilize TCAS effectively within the response times allocated by the TCAS logic, and (2) that TCAS 2 is an effective collision avoidance device. Volume II contains the appendices referenced in Volume I, providing details of the experiment and the results, and the text of two reports written in support of the program