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faurdani · 1 year ago

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Neeeerd time!!✨️ (wow it's my 10th months of grad study)

My mood is very good now since today's exam grade is better than I expected alhamdulillah.🤍 so i want to talk about... related to this course: Applied Math I. And other courses actually. I reaaally love that the grad courses connect each other very well!

Actually, this starts from an uneasy feeling I felt in my undergrad. There was a lot of things taught in my undergrad, but I don't understand most of them. And I am very serious. I felt my undergrad is very weird, at least for me. It was so difficult to understand things. I think I did my exams very bad. But the worse thing (to me), is, we did not get any feedback unless the semester is finished.

I hated it because I did not know whether my understanding is correct or not. I didn't know which part is true and which part is not. Whether I did good or bad in midterm, quiz, finals, or homework. I didn't really read the books. I only read Calculus, some Atomic Physics, Feynman for optics & electromagnetics, and books + papers for thesis. Oh, also some parts of book for Sensors, Actuators, Electrical Circuit. The rest.. I just read the prof's ppt/modules. Hahaha ok I admit that I wasn't that "good" in studying.

So I was so lost in Chemistry, Thermodynamics, Heat & Mass Transports, Process Techniques, & Fluid Mechanics. I also felt lost in Linear Algebra, Calculus, Differential Equation, Electronics, Signal Processing, Acoustics, System Dynamics, Controls... (really, I am actually bad... i don't understand how did they grade, why do i still get good grades when I actually don't understand things..)

I might be able to solve the problems from Linear Algebra, Differential Equations, and System Dynamic class back then.

But I didn't understand things. I just followed the pattern, nothing sticked, nothing feels connected.

That's why I was so struggled in the last years of my undergrad: when I faced Instrumentation System Design and Undergrad Thesis--which was about acoustics, mechanics, PDEs.

Many concepts were fixed and got better during the thesis, but I still felt something is missing.

When I first came here (my grad campus), we were tested on 3 subjects, undergrad level: (1) math, (2) physics, (3) chemistry.

Basically that. I passed physics & (surprisingly) chemistry, but failed math, so I should take undergrad level math in my first semester. But I am so happy!

Maybe it's also because I already finished undergrad (so I have some basics, even though it's not strong), maybe the prof is just very good at teaching (the attitude is very great. She is always punctual, effective, and willing to answer every questions. Very helpful). Maybe the ppt, the reference book, the homeworks & quiz are good. Maybe the syllabus, and the curriculum--because at the same time I need to practice a lot of calculus at Fluid Mechanics class. Maybe also the language? I am not so good in English, but now if I think about it... i feel that Indonesian math terms are not intuitive. :") Afterall, maybe it's the combination of that. I love it alhamdulillah. :')

Sooo. In my grad study, I've been taking:

- undergrad math: derivatives, integrals, ODE, series & sequence

- fluid mech: (1) a bit of surface tension, dimensionless analysis, Reynold Transport Theorem, Navier Stokes, vorticity, ideal flow, gravity waves, laminar flow; (2) boundary layer, instability, turbulence, compressible flow (shockwaves); (math) kronecker delta, levi-civita, a looot of PDE & calculus because Navier-Stokes, diff coordinates (cartesian, polar), slight complex for waves & instability discussion

- thermo: 1st, 2nd, 3rd law of thermo; (math) basically PDE *note: i'm still very bad at this*

- solid mech: statics, kinematics, constitutive equations (relating statics & kinematics--basically how to solve/model the solid mechanics phenomenon? --> including elasticity, optimization problem), crack propagation; (math) tensor calculus (dyadic notation, matrices, linear algebra), ODEs, Gauss theorem, diff coordinates (cartesian, cylindrical, polar)

- Applied Math II: complex analysis (complex algebra, derivative, integration, Laurent series) & linear algebra (vectors, dimensions, rank, linear dependency, eigenvalues, eigenvectors. Basically how to solve linear "discrete" system)

- Applied Math I: ODE, PDE. Including Green's Function (transfer function) & Sturm Liouville's problem (eigenvalues, eigenfunctions, linear dependency. How to solve linear "continuous" system)

*phew* that's a lot for one year.

But as you can see... every physics class has some math (generally: calculus, ODE, PDE, linear algebra). It helps me to understand math and math helps me to understand that!

If i remember again, my undergrad has a lot of math also (mainly solving ODE, PDE)..

So that now I'm taking Applied Math I, especially during the Green's function discussion, it blooows my mind!

I rmb very clearly that in undergrad we discussed transfer function *a lot*. It is output per input. But how do we find it?

I didn't understand the math.

In Controls, Acoustics, Instrumentation System Design classes, even for my undergrad thesis, we discussed about harmonic oscillator system.

But i didn't really understand what solution is. Why do we solve that way. Why the transfer function and the solution is written that way.

Now I want to share the main insight from current course. In short (I hope), when we have ODE:

Ly(x) = f(x); L is linear differential operator (e.g. D² + pD + q),

f is the input and y is the output

We can solve this, get a solution of

y(x) = int[ G(x,t)*f(t) ]dt

Such that G, the Green's function is equivalent to output over input; the transfer function. And we practice--G only depends on L and Boundary Conditions!

Moreover,

Ly(x) = f(x) is actually equivalent to

LG(x,t) = delta(x-t); delta(x-t) is impulse at x=t, means we'll get transfer function if we give impulse as the input! (I knew this "physically" but math understanding is ✨️amazing✨️)

And thenn I also just notice (or maybe remember, but now understand by heart, I hope) that impulse is a derivative of step, which is a derivative of smooth piecewise function.

And smooth piecewise function can actually be written as a series. Fourier series.

And Fourier series can also be seen as a linear combination of 3 orthogonal bases: 1, sin(n*pi*x/L), cos(n*pi*x/L). Note that we can imagine 3 orthogonal bases as x,y,z in Cartesian coordinates..

Honestly the concept of relating vectors (matrix, "discrete") with functions ("continuous") amazes me in the beginning of this course. 🥺🥺✨️

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masterofd1saster · 1 year ago

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CJ court watch SCt social media cases

SCt decided two cases today, 15mar24, establishing rules for when government employees can block citizens from their social media. Both decisions were unanimous.

In the 1st case, Lindke v. Freed, 601 U. S. __ (2024), James Freed was city manager of Port Huron, Michigan. He started a personal fb page in college and posted mostly information about his personal life. He began posting information about matters under his authority as city manager.

Enter Kevin Lindke. Unhappy with the city’s approach to the pandemic, Lindke visited Freed’s page and said so. For example, in response to one of Freed’s posts, Lindke commented that the city’s pandemic response was “abysmal” and that “the city deserves better.” When Freed posted a photo of himself and the mayor picking up takeout from a local restaurant, Lindke complained that while “residents [we]re suffering,” the city’s leaders were eating at an expensive restaurant “instead of out talking to the community.” Initially, Freed deleted Lindke’s comments; ultimately, he blocked him. Once blocked, Lindke could see Freed’s posts but could no longer comment on them. B Lindke sued Freed under 42 U. S. C. §1983, alleging that Freed had violated his First Amendment rights. As Lindke saw it, he had the right to comment on Freed’s Facebook page, which he characterized as a public forum. Freed, Lindke claimed, had engaged in impermissible viewpoint discrimination by deleting unfavorable comments and blocking the people who made them.***

The statute only applies to people acting under state authority.

if Freed acted in his private capacity when he blocked Lindke and deleted his comments, he did not violate Lindke’s First Amendment rights—instead, he exercised his own. So Lindke cannot hang his hat on Freed’s status as a state employee. The distinction between private conduct and state action turns on substance, not labels: Private parties can act with the authority of the State, and state officials have private lives and their own constitutional rights. Categorizing conduct, therefore, can require a close look.***

it is crucial for the plaintiff to show that the official is purporting to exercise state authority in specific posts. And when there is doubt, additional factors might cast light—for example, an official who uses government staff to make a post will be hard pressed to deny that he was conducting government business. One last point: The nature of the technology matters to the state-action analysis. Freed performed two actions to which Lindke objected: He deleted Lindke’s comments and blocked him from commenting again. So far as deletion goes, the only relevant posts are those from which Lindke’s comments were removed. Blocking, however, is a different story. Because blocking operated on a page-wide basis, a court would have to consider whether Freed had engaged in state action with respect to any post on which Lindke wished to comment.*** The state-action doctrine requires Lindke to show that Freed (1) had actual authority to speak on behalf of the State on a particular matter, and (2) purported to exercise that authority in the relevant posts. To the extent that this test differs from the one applied by the Sixth Circuit, we vacate its judgment and remand the case for further proceedings consistent with this opinion.

The second case is O'Connor-Ratcliff v. Garnier, 601 U. S. __ (2024). Michelle O’Connor-Ratcliff was a member of the Poway Unified School District (PUSD) Board of Trustees in California. She had a private fb page and a public one.

After [she and other petitioners] won election, the Trustees continued to use their public pages to post PUSD-related content, including board-meeting recaps, application solicitations for board positions, local budget plans and surveys, and public safety updates. They also used their pages to solicit feedback and communicate with constituents. Their Facebook pages described them as “Government Official[s]” and noted their official positions. O’Connor-Ratcliff also created a public Twitter page, which she used in much the same way****

Christopher and Kimberly Garnier often posted many critical comments. "The Trustees initially deleted the Garniers’ comments before blocking them from commenting altogether."

While the lower courts ruled in favor of the Garniers, their analysis differed from the Supreme Court's, so SCt sent the case back for proceedings consistent with Lindke.

I think if I were a government official who like social media, I would keep one public and one private page. I would make the distinction painfully obvious. I would probably also block all comment on the public page.

#Free Speech #Government social media

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prnanayarquah · 1 year ago

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FULL STORY: Court declares Hon Kwesi Dawood innocent

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FULL STORY: Court declares Hon Kwesi Dawood innocent

On 22nd January 2024 – almost three (3) years of criminal trial before H/H DORINDA SMITH ARTHUR of the Cape Coast Circuit Court 1, involving Hon Atta Mensah as 1st accused and Hon Kwesi Dawood as 2nd accused, this is what the court had to say: “at the close of prosecution, learned counsels for the accused persons raised submission of no case per section 173 of Act 30/60.

They filed their submissions and after considering them with the evidence so far led, the submission of no case is upheld. Consequently, they are acquitted and discharged”. During cross examinations, it came to light that the complainant, Mavis Abena Agyeiwaa Ayittey Arhin has never been a wife or girlfriend of Mr Dawood before but rather stayed with Atta Mensah for four (4) years as her boyfriend.

On the allegation of incest, A2 ie Hon Kwesi Dawood in his efforts to assist the court with the truth in the interest of justice, applied through his lead learned counsel, Michael Monnie Esq for paternity test to be conducted in the course of the trial. Subsequently, the Paternity test was conducted at the court appointed facility- The Trust Hospital’s DNA Clinic, Accra dated 28th March 2022 and signed by the Head of the DNA Clinic, Dr Nana Ama Abankwa. The report states that “based on the DNA analysis, the alleged father Emmanuel Dawood Mensah can be excluded as the biological father of the child Rita Akos Ayittey Arhin because they do not share genetic markers. ..statistical result: Combined Paternity Index: 0.0000, Probability of Paternity = 0.0000%”

The answers provided by PW2 who is also the Complainant and mother of the 21 years old girl in the case, were clear that she knew PW 1- her daughter is not the biological daughter of A2 before the paternity test was even conducted and it explains why she and the prosecution did not contest or object to the DNA test results and the court accepted it as a prima facie evidence of the genetic indicators contained therein. See Section 121 (1) of the Criminal Procedure Act, 1960 (Act 30) and NYAMEBA & ORS V THE STATE [1965] GLR 723. Also see ASANTE V REPUBLIC supra. Like it was stated in the words of the eminent jurist, Pwamang JSC, “If she chose to lie on oath about the pregnancy, what else did she lie about in her testimony?” A2 therefore cannot be called to open his defence on the charge of incest, so the submission of no case is upheld.

Hon Kwesi Dawood

The very disposition, demeanor and responses by the complainant during cross examination showed that she knew A2 – Hon Dawood was not the biological father of PW1- her daughter. Even worse, was the gross disrespect and unremorseful posture she showed the court after the DNA result became evident that she had lied to the police and the court. Under cross examination on 11th May 2022 the following ensued:

Q. I am suggesting to you that A2 accepted to take care of the survivor because you indicated to him that he was the father at all material times?

A. A2 knew very well that he was the biological father of the survivor but he did not take responsibility of the survivor until she was in JHS 3

Q. you are aware a DNA has been conducted in this court regarding survivor and A2

A. as to whatever the results of the DNA, I have nothing to say because vengeance is of the Lord. He knows what he has done.

Q. take a look at exhibit 1 and read for the court the conclusion

A. I will not read

Q. I suggest to you that your answer shows that you are very disrespectful to the court

A. I am not being disrespectful but I am not in this court because of DNA. I am here because I want A2 to be jailed forever.

It is important to establish that the 2nd accused denied ever having sexual intercourse with the alleged survivor and again, he demonstrated in words and actions supported by scientific proof that the 21yrs old alleged survivor is not the biological daughter of the 2nd accused.

Interestingly, PW 4, the investigator established on oath before the court that though the police was willing to establish the biological relationship between the 2nd accused person and the alleged survivor, it was the complainant – Mavis Abena Agyeiwaa Ayittey Arhin (the mother of the alleged survivor) who failed to cooperate with the police to prove this important information. Under cross examination on 6th February 2023, PW4- the investigator admitted to the following:

Q. In the course of your investigations one of the issues at stake was to do with incest.

A. yes

Q. and you obtained reports of the DNA at the police level?

A. no, but efforts were made but the complainant refused to comply even though the office was prepared to foot the bill.

Q. efforts were made by who?

A. by me

Q. and based on the answer you just gave it means that the survivor and complainant failed to cooperate with you in the investigations in this regard.

A. the complainant failed but not the survivor

Q. I suggest to you that the complainant knew very well that her claims against A2 were FALSE which is why she failed to cooperate with you.

A. for that aspect, I can’t tell

Q. you are aware that there is a DNA results in evidence that shows that A2 is not the biological father of the survivor?

A. yes

Q. you took A2, the complainant, the survivor and a court appointed bailiff to Accra for DNA test. Is that not so?

A. yes

Q. and you are privy to the result of the DNA test?

A. yes

Q. how did the result of the DNA test impact your work as an investigator in this case?

A. in the course of my investigation when I asked the complainant for us to do the DNA and she refused, I WAS NOT SURPRISED AT THE OUTCOME OF THE COURT ORDERED DNA TEST.

What was established in evidence before the court is that the complainant, the deceitful NPP’s former UEW – Ajumako’s TESCON executive, Mavis Abena Agyeiwaa Ayittey Arhin who reported the hearsay incident to the police and narrated stories including allegation of incest which led to the charge preferred against A2, refused to cooperate with the police to establish the very allegation which would have helped to prove her case against A2 and it is evident that she actually knew any step at proving paternity will expose her wickedness and inure to the benefit of A2 and yet she willfully lied to the police and under oath that her daughter is the biological daughter of A2.

Hon Kwesi Dawood

Imagine what would have happened if A2’s defence team was not meticulous enough to ask the court for a paternity test which the court magnanimously agreed to? The very disposition, demeanor and responses by the complainant during cross examination showed that she knew the 2nd accused was not the biological father of her 21 yrs old daughter, even worse, was the gross disrespect and unremorseful posture she showed the court after the DNA result became evident that she lied to the police and the court.

On the charge of defilement, there were several contradictions, inconsistencies and outright lies in even the very narration of their claims before the court. Indeed, the prosecution was relying on media frenzy and populist attributions against the accused persons as they relied heavily on the overelaborated but false claims against the accused to get a conviction.

The very attitude of Mavis Abena Agyeiwaa Ayittey Arhin the complainant and her daughter Rita Akos Ayittey Arhin before court, betrayed them and made their lies evident. Her responses under cross examination was evidentially based on emotional disaffection towards the accused persons especially given their past. This personal hatred and dislike for the accused persons was the push factor for the malicious fabrications.

See R V HENRY AND MANNING [1969] 53 CRIM APP REP 150 per Salmon J, the court held inter alia that;

“….It is really dangerous to convict on the evidence of a woman or girl alone. This is dangerous because human experience has shown that in these courts, girls and women do sometimes tell an entirely false story which is very easy to fabricate, but extremely difficult to refute. Such stories are fabricated for all sorts of reasons, which I need not enumerate and sometimes for no reasons at all.”

On the alleged assault, aside PW1’s testimony of the alleged assault (which was described by A2 as malicious fabrications in his caution statement), prosecution did not present any document, photograph, or witness to corroborate the evidence of PW 1 since none of the prosecution witnesses had ocular view of the alleged assault.

Under cross examination, the investigator- PW4 in answering a question stated categorically that a police medical form was issued by the Regional DOVVSU to PW2 – Mavis Abena Agyeiwaa Ayittey Arhin in respect of the assault case but she did not return that police medical form to him and it has still not been returned. Thus the evidence of PW1 with respect to the charge of assault was not corroborated even though she had the opportunity of having other witnesses or documents to prove that she was indeed assaulted by A2.

“Hence the prosecution failed to take the case out of the realm of conjecture, speculation and suspicion because the evidence was not corroborated and could not convince the court. See CASEWELL V POWELL DUFFRYN ASSOCIATED COLLIERIES LTD. [1940] AC 152 P 169 particularly the opinion of Lord Wright. Consequently, the prosecution could not establish any prima facie case against the accused persons for the court to call them to open their defence. Therefore he is acquitted and discharged. In sum, the case for the prosecution is considered to have collapsed.

The court hereby enters submission of no case in accordance with Section 173 of Act 30 and accordingly acquits and discharges the accused persons on the offences of defilement, incest, assault and abortion & abetment of abortion.” – H/H DORINDA SMITH ARTHUR, CIRCUIT COURT JUDGE, CAPE COAST

#Hon Kwesi Dawood

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testbanksolutionfreeany-blog · 8 years ago

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hunterlist346 · 4 years ago

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californiaprelawland · 5 years ago

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The Supreme Court Rules That Under The New York Convention Nonsignatories Can Enforce Arbitration Agreement

By Qian Chen, University of California, San Diego Class of 2021

July 1, 2020

On June 1st, the Supreme Court unanimously decided that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards does not conflict with the domestic principle of equitable estoppel that permits a non-signatory of a contract to compel the arbitration. GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U. S. ____ (2020) The Court supports the petitioner’s claim (GE Energy) that the language of the Convention leaves ambiguity which does not bar the courts from enforcing domestic doctrines. In addition, the Court denied the Eleventh Circuit interpretation of the word “parties” in Article II as “the parties actually sign an agreement to arbitrate their disputes in order to compel arbitration”[1]. In the majority decision, Justice Thomas explained under the available tools of international treaty interpretation how the Convention should be read as a floor that the contracting states agree to do to promote arbitration, instead of a ceiling that precludes “the use of domestic law to enforce arbitration agreements”[2].

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, is a multilateral trade treaty regarding arbitration in international commercial agreements. It aims to encourage arbitration as a means of resolving commercial disputes by seeking common legislative standards that the courts compel arbitration and enforce rewards[3]. The United States incorporates the New York Convention into its legal system through Chapter 2 of the Federal Arbitration Act. Section 201 recognizes the enforcement of the Convention, and Section 203 grants federal courts jurisdiction over actions governed under the Convention. In Section 202, the legal scope of the Convention is defined such that that Convention governs a legal relationship raised out of a contractual agreement, with one party that has a reasonable relationship with a foreign state[4]. This means that the Convention does not apply in a legal relationship that is entirely between citizens of the United States.

GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC involves a dispute that falls under the governance of the Convention. On November 25th, 2007, ThyssenKrupp Stainless USA, LLC, a U. S. corporation, entered into three contracts with F. L. Industries, Inc., also a U. S. corporation, for the construction of cold rollings mills at a steel manufacturing plant in Alabama. Each contract contained an arbitration clause to settle any disputes. F. L. Industries, Inc. entered a subcontractor agreement with Converteam SAS, now known as GE Energy Power Conversion SAS, a French corporation, for the manufacture of motors. By August 2005, all the motors that GE Energy manufactured had failed. Outokumpu Stainless USA, LLC, which acquired ownership of the steel manufacturing plant, and its foreign insurers sued GE Energy in Alabama state court. GE Energy removed the case to the federal court under 9 U.S.C. §205. Federal subject matter jurisdiction allows the removal of suits that the subject matter “relates to an arbitration agreement or award falling under the Convention”. GE Energy moved to dismiss the case and to compel arbitration based on the arbitration clause under the original contracts between ThyssenKrupp and F. L. Industries, Inc. Outokumpu frivolously opposes this motion based on the claim that GE Energy, as the subcontractor, cannot invoke the arbitration under the governance of the New York Convention, since there exists no written agreement to arbitration between Outokumpu and GE Energy.

This case is concerned with the interpretation of the language “the parties” in the Convention. Article II, clause 2 states that “the term ‘agreement in writing’ shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams”[5]. The language of “the parties” ambiguously means the buyers and the sellers in a commercial transaction. Whether the subtractors are considered as the seller parties in a contract determines whether a non-signatory can invoke the arbitration clause. The Eleventh Circuit ruled against GE Energy as it reads the requirement “agreement in writing” defines the parties as ones who actually sign the contract. During the oral argument, GE Energy disagreed with the Eleventh Circuit’s ruling and suggested that in a domestic dispute the courts will support a non-signatory’s motion to compel arbitration under the principle of equitable estoppel. In Arthur Andersen v. Carlisle, the Court decided that despite the Chapter 1 of the FAA mandates on a written contract for arbitration it does not “alter background principles of state contract law regarding the scope of agreements (including the question of who is bound by them)”[6]. The question left to answer is whether traditional state law permitted under Chapter 1 of the FAA conflicts with the Convention.

Justice Clarence Thomas delivered the unanimous opinion of the Court and reserved the Eleventh Circuit’s judgment. In the decision, Justice Thomas noticed that the Convention is silent on the issue of non-signatory enforcement. Given the principle of “a matter not covered is not covered”, the interpretation of the international law focuses on the requirements that are explicitly mentioned in the text, instead of inferring requirements on areas that are simply not covered. In the analysis of the Convention, the Court noticed that the language of the text leaves out ambiguity that can only be solved with the aid of domestic law, such that the Convention does not define what disputes are arbitrable and fails to define important terms, such as “the parties” or “null and void”. It leaves the contracting states to interpret those words based on their own domestic principle. Another reason in support of GE Energy’s claim is that the Convention contains no exclusive language that would effectively limit the enforcement of arbitration to certain circumstances. Article II(3) where it states that courts of a contracting state “shall . . . refer the parties to arbitration”[7], does not limit the courts to compel arbitration only in the identified circumstance.

Justice Thomas also looked at other treaty interpretation tools to clarify the meaning of the text. Despite the drafting history of a treaty cannot support interpretations that find no evidence in the text, the drafters of the Convention wish to impose a baseline requirement that encourages arbitration or at least the courts of the contracting states will recognize and enforce arbitral awards in the identified circumstance. The Court also looks into the decisions made by the courts of other convention signatory states, which permits non-signatory to enforce arbitration. The Court noticed that despite those decisions made decades after the finalization of the New York Convention, it supports the Court’s reading. Therefore, it is only natural to read the Convention as it does not bar non-signatory of a contract from the enforcement of arbitration under the domestic principle of equitable estoppel.

This decision not only upholds the trend of favoring arbitration over court battle, but also it opens the doors for many non-signatories of a contract to resolve commercial disputes through arbitration. A commentary notices that “Many subcontractors, distributors, vendors, guarantors, and customers in the international commercial chains may not be signatories to agreements containing arbitration clauses”[8]. Excluding all of them from the enforcement of arbitration for the reason that they do not actually sign the contract is only counterintuitive to the purpose of the New York Convention. With the substantial growth of international commerce and economic interdependence, the Convention paves the groundwork for prompting arbitration as the means to settle disputes. The courts of contracting states should have corporate domestic principles to encourage arbitration, instead of vice versa.

________________________________________________________________

Qian Chen is a rising senior at the University of California, San Diego, where he studies Philosophy and Politics with an emphasis on Law, Ethics and Society. Qian is always interested in the philosophy of law and the Constitution. He plans to attend law school or a master’s program in public policy after his bachelor’s degree.

________________________________________________________________

[1] Outokumpu Stainless USA, LLC v. Converteam SAS, 902 F. 3d 1316 (2018)

[2] GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U. S. ____ (2020)

[3] UNCITRAL, “Convention on the Recognition and Enforcement of Foreign Arbitral Awards”, UNCITRAL, accessed June 28th, 2020.

[4] 9 U. S. C. §201, 9 U. S. C. §202, 9 U. S. C. §203

[5] New York Convention, Article II(2)

[6] Arthur Andersen LLP v. Carlisle, 556 U. S. 624, 630

[7] New York Convention, Article II(3)

[8] Max B. Chester, “U.S. Supreme Court Holds That New York Convention Does Not Bar Nonsignatory From Compelling International Arbitration”, The National Law Review, accessed June 28th, 2020.

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evoldir · 6 years ago

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Graduate position: GroningenInst.NeuralEvolution

Job description The Groningen Institute for Evolutionary Life Sciences (GELIFES *)* offers a 4-years NWO-funded PhD position for a project on the *Genetic dissection of a neuronal circuit under sexual conflict*, with *Drosophila melanogaster* as a model system. The project is coordinated by Prof. Jean-Christophe Billeter , in collaboration with Prof. Yael Heifetz , Prof Bregje Wertheim *,* and Dr Philip Kohlmeier . The student will join a lively and highly international team of post-doctoral researchers, PhD and master students working on the neurogenetics of social and sexual behaviours in *Drosophila*, supported by laboratory technicians. Sexual conflict (SC) shapes the evolution of reproductive behaviours. It manifests itself in male traits that limit female reproductive choices, generating selection for female counter-adaptations. This sexual conflict is a hot topic in evolutionary biology because it is hypothesized to fuel fast and exaggerated evolution of neural, behavioural and morphological traits that mediate male-female competition. This projects aims at investigating how a sexual conflict has shaped brain functioning in the fruit fly *Drosophila melanogaster*. During mating, males transfer pheromones in their ejaculate that render a mated female less attractive to other males. As a counteradaptation, females eject that ejaculate which restores attractiveness and facilitates faster remating. We are now interested in identifying the neuronal circuit that modulates ejaculate ejection and to reveal potential counteradaptations of the male. In particular, the PhD student will apply 1) optogenetics and intersectional methods to parse the function of single neurons in female ejaculate ejection, 2) mutant analysis and transcriptomics to identify sensory input 3) trans-synaptic marking and circuit modelling to reconstitute neuronal circuitry and 4) sperm-competition and female sexual receptivity assays to identify the selective drivers that shape the current state of the sexual conflict. Qualifications We are looking for an enthusiastic and talented PhD candidate with a Master's degree (or equivalent) in Biology with a strong interest in neurogenetics and behavioural neurosciences, and with an appreciation for evolutionary biology. The ideal candidate has experience with at least some of the following techniques: *Drosophila* genetics, *Drosophila* neuroanatomy, behavioural analysis, confocal microscopy and molecular genetics. We also ask for excellent communication and writing skills in English. Other helpful competences include statistical proficiency (ideally in the R software environment) and bioinformatics. Conditions of employment The University of Groningen offers a salary of 2,325 gross per month in the first year to a maximum of 2,972 gross per month in the final year (salary scale Dutch Universities as of Feb 1, 2019), based on a fulltime position (1.0 FTE) excluding a 8% holiday allowance and a 8.3% end of the year bonus. The position is limited to a period of 4 years. A PhD training programme is part of the agreement and the successful candidate will be enrolled in the Graduate School of Science and Engineering. The successful candidate will first be offered a temporary position of one year with the option of renewal for another three years. Prolongation of the contract is contingent on sufficient progress in the first year to indicate that a successful completion of the PhD thesis within the next three years is to be expected. The preferred starting date is between April and June 1st 2019. Organisation Founded in 1614, the University of Groningen enjoys an international reputation as a dynamic and innovative institution of higher education offering high-quality teaching and research. Flexible study programmes and academic career opportunities in a wide variety of disciplines encourage the 30,000 students and researchers alike to develop their own individual talents. As one of the best research universities in Europe, the University of Groningen has joined forces with other top universities and networks worldwide to become a truly global centre of knowledge. *Application* Application should include: a letter of motivation to apply for this position a curriculum vitae a one-page statement of research interests, for instance description of previous research experience, such as bachelor/master research projects. contact details for two professional references transcripts from your bachelors and masters degree The application can be submitted until 14 February 2019 23:59 h Dutch local time by clicking on the following link: http://bit.ly/2Cv17Rv . Information For information please contact: Prof. Dr Jean-Christophe Billeter, +31 50 363 7851, *[email protected]* (please do not use for applications) Philip Kohlmeier via Gmail

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solutionsdownload8-blog · 8 years ago

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Download Solution Manual for Applied Circuit Analysis 1st Edition by Sadiku

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thetestbankmanualdownload-blog · 8 years ago

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Solution Manual for Applied Circuit Analysis 1st Edition by Sadiku

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Chapter 1 Basic Concepts Chapter 2 Resistance Chapter 3 Power and Energy Chapter 4 Series Circuits Chapter 5 Parallel Circuits Chapter 6 Series-Parallel Circuits Chapter 7 Methods of Analysis Chapter 8 DC Circuit Theorems Chapter 9 Capacitance Chapter 10 Inductance Chapter 11 AC Voltage and Current Chapter 12 Phasors and Impedance Chapter 13 Sinusoidal Steady-State Analysis Chapter 14 AC Power Analysis Chapter 15 Resonance Chapter 16 Filters and Bode Plots Chapter 17 Three-Phase Circuits Chapter 18 Transformers and Coupled Circuits Chapter 19 Two-Port Networks

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Publisher: Science Engineering & Math; 1 edition (July 1, 2012) Publication Date: July 1, 2012 Sold by: Amazon Digital Services LLC Language: English ISBN-13: 9780078028076 ISBN-10: 0078028078

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tinkaranrmozelliny69insuran-blog · 6 years ago

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torentialtribute · 6 years ago

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Sebastian Vettel seems to have fallen out of love with F1, with over 300 days since his last win

It's 301 days since Sebastian Vettel last won a race. And there was no sign of a reprieve under a fierce sun as he was once again driven out of sight by Lewis Hamilton 's decisive track record lap.

While Hamilton took pole for the 86th time in his career, a figure that boggles the mind when you consider Sir Jackie Stewart started only 99 races, Vettel was a miserable seventh in qualifying for the French Grand Prix. The German, who was nearly a second and a half off the pace, is stuck in Briton's shade and it is playing hell with his mind.

Valtteri Bottas was second quickest, completing a Mercedes lockout, Charles Leclerc third for Ferrari, Max Verstappen fourth for Red Bull and 19-year-old Brit Lando Norris fifth for McLaren.

Sebastian Vettel has struggled in recent months for Ferrari as he looks at at Paul Ricard

Vettel will start Sunday's French Grand Prix from seventh after a poor qualifying session

Hamilton is not a serious historian of the sport, although he appreciates his own p lace in the pantheon and respects the legends whose names are echo through the eras, but Vettel is assuredly. He can reel off the numbers that count, the records he once turned his face to rewriting while he became the youngest single, double, triple, quadruple world champion in a streak between 2010 and 2013 when Red Bull ruled the track.

He might tell you, for example, that he is third in the all-time list of race winners with 52, behind only Hamilton, 78, and Michael Schumacher, 91. He achieved more poles in a single season, 15 in 2011 , than anyone else ever.

It was not meant to be Hamilton, but him, edging up to every summit worth conquering.

The four-time world champion appears to have lost his appetite for F1 in recent times

Vettel arrived in France with a wedding ring, having married after the Canadian Grand Prix

Bernie Ecclestone, Vettel's close friend, said: "Sebastian is very quick but he seems to have a problem when he is right up against Lewis. I think it's in his head.

"He is so desperate to win another world championship and for Lewis not to win another. Side by side with him, he has a mental block. "

The signs of tension are there in the mistakes Vettel has made and his reactions to them. There was Baku in 2017 when he drove into Hamilton – the lowest act of his career. In the last year alone he has spun or run off at Germany, Italy, America, Japan, Bahrain and Canada. Three of those incidents involved Hamilton.

It has been about 300 days since his last win that came at the 2018 Belgian Grand Prix

The last mistake, a fortnight ago in Montreal, was one such occasion. Under pressure from the rival he now trails by 62 points, he went wide on the grass and re-emerged on track in an unsafe manner, or so the stewards decided. He was handed a five-second penalty and lost the victory to Hamilton. Cue massive Vettel displeasure.

He was unhinged as he expressed his anger over the radio, calling the stewards "blind" and moving the first and second place markers in parc ferme. "He acted like a petulant child," said John Watson, who raced in a more dangerous age, in the Seventies and Eighties.

"He should have been charged with bringing the sport into disrepute.

"If Ross Brawn was still at Ferrari he would like to have a rat up a drainpipe."

A controversial five- second time penalty in Canada last time out denied Vettel a chance to end his winning drought, as he moves the post-race placings boa rds in protest

Title rival Lewis Hamilton looks on having inherited the victory in Montreal

Ferrari then went through the charade of reviewing the decision, a process that required significant new evidence. Instead, they cited Sky Sports analysis by Karun Chandhok, the former HRT driver.

Hamilton said: "I heard they were focusing (on the review).

"When I heard that Karun's video was the new evidence, I was pretty relaxed after that."

Hamilton is right. Ferrari's nonsensical review told of a team distracted, perhaps to place their No. 1 driver despite the pointlessness of it all.

Vettel is, in fact, a cheerful character when he is not imploding. He has always been happy to share a joke since entering Formula One. He enjoys English comedy and rhyming slang.

Former F1 supremo and Vettel's friend Bernie Ecclestone believes it would not take much to convince the German to retire from the sport in the near future

One evening in the BMW hospitality area 12 years ago, he came over to tell me and the man from the Daily Express that he had found a new word he liked: kerfuffle. Which, ironically, might have been applied to the Montreal flashpoint.

He is old fashioned in many aspects: he does not use social media, he abhors selfies, he uses a fountain pen and paper.

Private to the point of invisibility, he does not even confirm that he has two children, Emily and Matilda. Nor did he announce that a few days after his Montreal meltdown he married his childhood sweetheart Hanna. The ceremony in Switzerland was attended by only close family. No Formula One people. No friends. Or so it is said.

Nobody would have known about the wedding, but for the shiny, smart gold band he got on his fourth finger at his press conference here at Circuit Paul Ricard.

Ecclestone believes Vettel might be nearing the finishing line, aged 32. "Sebastian would stop, and I don't think it would take a lot for that to happen," said the former F1 supremo. "If something upsets him, he'll leave. He could easily do that. He would put his wife and children first. "

SEBASTIAN FATTLE F1 SEASONS

2007: BMW and Toro Rosso Races: 8 Wins: 0 Points: 6 Position: 14th

2008: Toro Rosso Races : 18 Wins: 1 Points: 35 Position: 8th

2009: Red Bull Races: 17 Wins: 4 Points: 84 Position: 2nd

2010: Red Bull Races: 19 Wins: 5 Points: 256 Position: 1st

2011: Red Bull Races: 19 Wins: 11 Points: 392 Pos ition: 1st

2012: Red Bull Races: Wins: 5 Points: 281 Position: 1st

2013: Red Bull Races: 19 Wins: 13 Points: 397 Position: 1st

2014: Red Bull Races: 19 Wins: 0 Points: 167 Position: 5th

2015: Ferrari Races: 19 Wins: 3 Points: 278 Position: 3rd

2016: Ferrari Races: 21 Wins: 0 Points : 212 Position: 4th

2017: Ferrari Race s: 20 Wins: 5 Points: 317 Position: 2nd

2018: Ferrari Races: 21 Wins: 5 Points: 320 Position: 2nd

2019: Ferrari Races: 7 Wins: 0 Points: 100 Position: 3rd *

* Season ongoing

Certainly, Vettel seems to have fallen out of love with Formula One, though his £ 36million-a-year salary is a nice little sweetener. It is signed up until the end of next season. He could quit then or indeed throw it all in at the end of this year if the punishment he is absorbing at Ferrari becomes unbearable.

Christian Horner, his boss during the halcyon Red Bull days, is reluctant to criticize Vettel but put his finger on at least part of the driver's current malaise, saying: 'Yes, we had a lot of success but it was also fun along the way. It looks like though he has lost his enjoyment or Formula One.

"He was phenomenal for us. He was like a metronome. You could rely on him 100 per cent.

"Now at Ferrari, where there are numerous management changes, it seems to feel a lot or responsibility falls on him directly. It is a pressure cooker. "

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marymosley · 6 years ago

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Why 65 Intellectual Property Scholars Filed an Amicus Curiae Brief in Support of Google’s Petition for Cert in the Oracle Case

Guest Post by Pamela Samuelson, Berkeley Law School. Prof. Samuelson has been involved with digital copyright law for the past 35 years. She recently led an amicus effort pushing against the Federal Circuit’s enforcement of Copyrights on the method call names (API) for Java. – DC

[Read the Amicus Brief]

In January 2018, Google filed a petition to ask the U.S. Supreme Court to review two adverse rulings by the Court of Appeals for the Federal Circuit in the Oracle Am. Inc. v. Google Inc. case. The first was the Federal Circuit’s 2014 decision overturning a district court ruling that several thousand declarations that Google used for its Android platform, which it derived from 37 of 166 Java application program interface (API) packages, were unprotectable by copyright law. Although disagreeing with the lower court’s copyrightability analysis, the Federal Circuit remanded the case, saying that there was a triable issue of fact on Google’s fair use defense. In the spring of 2016, Google’s fair use defense prevailed before a jury. The second adverse ruling was the Federal Circuit’s decision that no reasonable jury could have found fair use. Google’s petition asks the Court to review both the copyrightability and fair use rulings. Oracle will be filing its brief opposing Supreme Court review later this spring. Amicus curiae (friend of the court) briefs, whether in support of Google’s petition or in support of neither party, were filed this week.

One of the amicus curiae briefs supporting Google’s petition on the copyrightability issue was co-authored by me and my Berkeley colleague Catherine Crump, who is the Director of the Samuelson Law, Technology and Public Policy clinic at Berkeley Law School. Although the Supreme Court denied Google’s previous petition seeking review of the Federal Circuit’s copyrightability ruling, our amicus brief on behalf of 65 scholars of intellectual property law has asked the Court to grant the petition because, as the brief explains, we

are alarmed that the Federal Circuit’s copyrightability ruling has deepened splits in circuit court interpretations of several major copyright doctrines as applied to computer programs. That ruling disrupted the relative equilibrium of more than two decades of software copyright precedents and upset settled expectations within the software industry. Th[e] Court’s guidance is urgently needed to address and resolve circuit conflicts affecting this $564 billion industry. [Our] sole interest in the case lies in [our] concern for the proper application of traditional principles of copyright law to computer programs. Because amici have devoted [our] careers to understanding the balancing principles built into copyright and other intellectual property laws, [our] views can aid the Court in resolving the important issues presented by the Petition.

While there is much that IP scholars will have to say on the merits if the Court grants the petition, our brief concentrates on numerous respects in which the Federal Circuit’s ruling is in conflict with Supreme Court and other appellate court rulings.

Before presenting the brief’s summary of our argument, it is worth noting that the district court gave three reasons for holding that the Java API declarations were unprotectable by copyright law: first, because they constituted an unprotectable method or system under 17 U.S.C. § 102(b), second, because the merger doctrine precluded copyright protection for the declarations as there was, in effect, no other way to say them, and third, because the declarations were unprotectable under the words and short phrases doctrine. The Federal Circuit rejected all three rationales in its copyrightability ruling.

While our brief focuses primarily on the merger issue because the Federal Circuit’s interpretation of that doctrine is so clearly contrary to Supreme Court as well as other appellate court precedents, it also identifies the proper application of § 102(b) method/system exclusion in software copyright cases as another cert-worthy question. In addition, the brief touches on the words and short phrases issue, albeit less extensively.

We reprint the Summary of Argument below. The entire brief is available from the Supreme Court’s website [LINK]

= = = =

SUMMARY OF ARGUMENT

The Federal Circuit’s copyrightability ruling in Oracle has deepened splits in circuit court interpretations of several major copyright doctrines as applied to computer programs.

This brief makes three principal points. First, the Federal Circuit’s merger analysis is in conflict with this Court’s ruling in Baker v. Selden, 101 U.S. 99 (1880), and decisions by the First, Second, Fifth, Sixth, and Eleventh Circuits. Second, the Federal Circuit’s interpretation of the scope of copyright protection available to computer programs is at odds with Baker and decisions of the First, Second, Tenth, and Eleventh Circuits. Third, the Federal Circuit’s interpretation of the words and short phrases doctrine cannot be reconciled with holdings of the Third and Sixth Circuits.

The merger doctrine holds that expressions in works of authorship are unprotectable by copyright law when, as a practical matter, there is only a limited number of ways to express an idea, fact, or function. When ideas, facts, or functions, in effect, “merge” with expression, copyright protection will be withheld from the merged elements. The merger doctrine fosters socially beneficial competition and ongoing innovation as well as promoting the ongoing progress of science and useful arts, as the Constitution commands. U.S. Const. art. I, § 8, cl. 8.

The Federal Circuit’s copyrightability ruling conflicts with Baker in three respects: first, because the Federal Circuit concluded that merger can only be found if a first author had no alternative ways to express an idea when creating the work; second, because it held that constraints on a second comer’s design choices are never relevant to merger; and third, because it ruled that merger is only a defense to infringement, and never raises a copyrightability issue.

Post-Baker cases from the First, Second, Fifth, Sixth, and Eleventh Circuits have conceptualized and applied the merger doctrine more broadly than the Federal Circuit. These idea/expression, fact/expression, and function/expression merger cases have resulted in uncopyrightability rulings, which contradict the Federal Circuit’s holding on merger.

Beyond merger, the Federal Circuit’s interpretation of the scope of copyright protection available to software innovations conflicts with the rulings of other circuits in four respects. First, the Federal Circuit’s interpretation of the exclusion of methods and systems from copyright’s scope under 17 U.S.C. § 102(b) is contrary to the First Circuit’s interpretation in Lotus Development Corp. v. Borland International, Inc., 49 F.3d 807 (1st Cir. 1995), aff’d by an equally divided Court, 516 U.S. 233 (1996). Second, several circuit courts have ruled in favor of compatibility defenses in software copyright cases. Only the Third and Federal Circuits have rejected them. Third, the Federal Circuit’s conception of “structure, sequence, and organization” (SSO) of programs as protectable expression as long as it embodies a modicum of creativity conflicts with the Second Circuit’s landmark decision, Computer Associates International, Inc. v. Altai, Inc., 982 F.2d 693 (2d Cir. 1992). Altai rejected the conception of SSO as determinative of protectable expression. Id. at 706. Fourth, the Federal Circuit’s assertion that copyright and utility patents can provide overlapping protection to program SSO is in conflict with Baker as well as Tenth and Eleventh Circuit decisions.

There is, moreover, conflict among the circuits concerning the protectability of “words and short phrases.” The District Court denied Oracle’s claim in part based on its view that names and short phrases are not copyrightable, but the Federal Circuit held that words and short phrases, such as the names of individual Java declarations, could, if original, be eligible for copyright protection. However, the Third and Sixth Circuits have denied similar claims in cases involving identifiers such as names and numbers. Granting the Petition would enable this Court to resolve this split as well.

Why 65 Intellectual Property Scholars Filed an Amicus Curiae Brief in Support of Google’s Petition for Cert in the Oracle Case published first on https://immigrationlawyerto.tumblr.com/

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jovialtalecandy-blog · 7 years ago

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oliozeru-blog · 7 years ago

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Solution Manual for Applied Circuit Analysis 1st Edition by Sadiku

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maxwellyjordan · 5 years ago

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Relist Watch: Looking for the living among the dead

John Elwood reviews Friday’s relists.

A funny thing happened on Friday: The Supreme Court relisted cases for the next week’s conference, only one day following its previous conference. That may not seem like a big deal, but it’s the biggest change in the court’s relisting procedures in years. Usually, the court relists cases after it releases orders from the previous conference — usually following a Monday order list (or Tuesday, for holiday weekends). Because the Supreme Court usually relists every case it is going to grant, the absence of a Friday relist for the other cases from last week’s conference suggested that, come Monday, the non-relisted cases would be dead on arrival. This week, that proved to be correct, including for some closely watched cases with significant amicus support. The Friday relists also made for much more informed reading of the order list this week, knowing that you didn’t have to look for the still-living relists among the dead cases for which cert had just been denied.

So about the living cases. All of last week’s relists are back, including most notably the 10 Second Amendment cases that have been kicking around for a while. We have two groups of new relists this week.

There’s a group of nine cases that in one way or another all challenge current qualified immunity doctrine, under which law enforcement officials are not liable for discretionary actions that allegedly violated someone’s rights unless the actions violated “clearly established” law. Three years ago in Ziglar v. Abbasi, Justice Clarence Thomas, citing scholarly commentary, wrote separately “to note my growing concern with our qualified immunity jurisprudence,” which he maintained had been “completely reformulated … along principles not at all embodied in the common law.” He argued that courts should consider instead whether “the common law in 1871 would have accorded immunity to an officer for a tort analogous to the plaintiff ’s claim.” Qualified immunity doctrine has come under increasing fire in recent years after reports of police misconduct that goes unredressed because of it. However, the court only recently denied cert in other cases raising the same basic issue, so it could well be that some separate opinion is the works and no grants will result from these relists.

That brings us to this week’s last new relist, Jarchow v. State Bar of Wisconsin, 19-831, involving a First Amendment challenge to mandatory bar membership and dues. The court has taken quite an interest in compelled speech and dues in recent years, so this case is one to watch.

That’s all for this week. Let’s hope we receive early word of the relists again this coming Friday. Until then, stay safe!

New Relists

Brennan v. Dawson, 18-913 Issue: Whether a police officer may reasonably rely on a narrow exception to a specific and clearly established right to shield him from civil liability when his conduct far exceeds the limits of that exception. (relisted after the May 21 conference)

Dawson v. Brennan, 18-1078 Issue: Whether the U.S. Court of Appeals for the 6th Circuit misapplied the Supreme Court’s authority and created a conflict among the U.S. courts of appeals by holding that a law enforcement officer violates the Fourth Amendment by entering the rear curtilage of a home in attempting to gain the resident’s compliance with his probation condition. (relisted after the May 21 conference)

Baxter v. Bracey, 18-1287 Issues: (1) Whether binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrendered by lying down on the ground “clearly establish[es]” that it is likewise unconstitutional to use a police dog on a suspect who has surrendered by sitting on the ground with his hands up; and (2) whether the judge-made doctrine of qualified immunity, which cannot be justified by reference to the text of 42 U.S.C. § 1983 or the relevant common law background, and which has been shown not to serve its intended policy goals, should be narrowed or abolished. (relisted after the May 21 conference)

Anderson v. City of Minneapolis, Minnesota, 19-656 Issues: (1) Whether the burden of persuasion in qualified immunity cases should be, in part or entirely, on the plaintiff, as held by the U.S. Court of Appeals for the 8th Circuit in this case and by the U.S. Courts of Appeals for the 4th, 5th, 6th, 7th, 10th and 11th Circuits, or whether it should be placed on the defendant, as held by the U.S. Courts of Appeals for the 1st, 2nd, 3rd, 9th and District of Columbia Circuits; (2) whether, under the state-created-danger doctrine, due process is violated when first responders fail to provide any treatment to a person suffering from severe hypothermia, and instead erroneously declare him dead; and (3) whether the 8th Circuit erred in dismissing this state-created-danger case on qualified immunity grounds. (relisted after the May 21 conference)

Zadeh v. Robinson, 19-676 Issue: Whether the Supreme Court should recalibrate or reverse the doctrine of qualified immunity. (relisted after the May 21 conference)

Corbitt v. Vickers, 19-679 Issues: (1) Whether qualified immunity is an affirmative defense (placing the burden on the defendant to raise and prove it) or a pleading requirement (placing the burden on a plaintiff to plead its absence); and (2) whether the Supreme Court should recalibrate or reverse the doctrine of qualified immunity. (relisted after the May 21 conference)

Hunter v. Cole, 19-753 Issues: (1) Whether, if the barrel of a gun is not yet pointed directly at an officer, clearly established federal law prohibits police officers from firing to stop a person armed with a firearm from moving a deadly weapon toward an officer if the officer has not both shouted a warning and waited to determine whether the imminent threat to life has subsided after the warning; and (2) whether a police officer who inaccurately reports his perceptions of events during a dynamic shooting encounter violates clearly established rights under the 14th Amendment. (relisted after the May 21 conference)

Jarchow v. State Bar of Wisconsin, 19-831 Issue: Whether Lathrop v. Donohue and Keller v. State Bar of California should be overruled and “integrated bar” arrangements like Wisconsin’s invalidated under the First Amendment. (relisted after the May 21 conference)

West v. Winfield, 19-899 Issue: Whether an officer who has consent to “get inside” a house but instead destroys it from the outside is entitled to qualified immunity in the absence of precisely factually on-point case law. (relisted after the May 21 conference)

Mason v. Faul, 19-7790 Issues: (1) Whether a finding of “objectively unreasonable excessive force” can be squared with a finding of qualified immunity under the facts and circumstances of this case, including whether determinations of the trial court, as affirmed by the U.S. Court of Appeals for the 5th Circuit, resulted in an incorrect analysis of the qualified immunity issue; and (2) whether the 5th Circuit’s determination can be reconciled with other courts’. (relisted after the May 21 conference)

Returning Relists

Andrus v. Texas, 18-9674 Issue: Whether the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fails to protect the Sixth Amendment right to a fair trial and the 14th Amendment right to due process when, in death-penalty cases involving flagrantly deficient performance, courts can deny relief following a truncated “no prejudice” analysis that does not account for the evidence amassed in a habeas proceeding and relies on a trial record shaped by trial counsel’s ineffective representation. (rescheduled before the November 1, 2019, and November 8, 2019, conferences; relisted after the November 15, 2019, November 22, 2019, December 6, 2019, December 13, 2019, January 10, January 17, January 24, February 21, February 28, March 6, March 20, March 27, April 3, April 17, April 24, May 1, May 15 and May 21 conferences)

United States v. California, 19-532 Issue: Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigration authorities with release dates and other information about individuals subject to federal immigration enforcement, and restrict the transfer of aliens in state custody to federal immigration custody, are preempted by federal law or barred by intergovernmental immunity. (relisted after the January 10, January 17, March 6, March 20, March 27, April 3, April 17, April 24, May 1, May 15 and May 21 conferences)

Mance v. Barr, 18-663 Issue: Whether prohibiting interstate handgun sales, facially or as applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s due process clause. (relisted after the May 1, May 15 and May 21 conferences)

Rogers v. Grewal, 18-824 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense; and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1, May 15 and May 21 conferences)

Pena v. Horan, 18-843 Issue: Whether California’s Unsafe Handgun Act violates the Second Amendment by banning handguns of the kind in common use for traditional lawful purposes. (relisted after the May 1, May 15 and May 21 conferences)

Gould v. Lipson, 18-1272 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1, May 15 and May 21 conferences)

Cheeseman v. Polillo, 19-27 Issue: Whether states can limit the ability to bear handguns outside the home to only those found to have a sufficiently heightened “need” for self-protection. (relisted after the May 1, May 15 and May 21 conferences)

Ciolek v. New Jersey, 19-114 Issue: Whether the legislative requirement of “justifiable need,” which, as defined, does not include general self-defense, for a permit to carry a handgun in public violates the Second Amendment. (relisted after the May 1, May 15 and May 21 conferences)

Worman v. Healey, 19-404 Issue: Whether Massachusetts’ ban on the possession of firearms and ammunition magazines for lawful purposes unconstitutionally infringes the individual right to keep and bear arms under the Second Amendment. (relisted after the May 1, May 15 and May 21 conferences)

Malpasso v. Pallozzi, 19-423 Issue: In a challenge to Maryland’s handgun carry-permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense. (relisted after the May 1, May 15 and May 21 conferences)

Culp v. Raoul, 19-487 Issue: Whether the Second Amendment right to keep and bear arms requires Illinois to allow qualified nonresidents to apply for an Illinois concealed-carry license. (relisted after the May 1, May 15 and May 21 conferences)

Wilson v. Cook County, 19-704 Issues: (1) Whether the Second Amendment allows a local government to prohibit law-abiding residents from possessing and protecting themselves and their families with a class of rifles and ammunition magazines that are “in common use at [this] time” and are not “dangerous and unusual”; and (2) whether the U.S. Court of Appeals for the 7th Circuit’s method of analyzing Second Amendment issues – a three-part test that asks whether a regulation bans (a) weapons that were common at the time of ratification or (b) those that have some reasonable relationship to the preservation or efficiency of a well-regulated militia and (c) whether law-abiding citizens retain adequate means of self-defense – is consistent with the Supreme Court’s holding in District of Columbia v. Heller. (relisted after the May 1, May 15 and May 21 conferences)

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