Apparent Definition Research Articles

Spokeo v. Robins - Brief of Restitution and Remedies Scholars as Amici Curia in Support of Respondent

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof of pecuniary damages or actual harm were well known before the American founding. Indeed the First Congress enacted at least one statutory minimum recovery. Congress continues to need the ability to legislate statutory minimum damages as remedies to protect consumers and other plaintiffs. This brief argues that the Court should not erode Congress’s efforts by denying standing to those plaintiffs. The search for harm beyond defendants’ violations of plaintiffs’ legally protected interests arose where defendants’ alleged public-law violations were not individualized, more generally where the laws at issue did not actually apply to plaintiffs. If, on the other hand, a defendant actually invades a plaintiff’s individualized statutory private-law “legally protected interest,” then that violation satisfies the standing prerequisite of “injury in fact.” The Court has never required a plaintiff to adduce an additional or consequential harm beyond a violation. This brief also warns the Court that accepting Spokeo’s standing argument will inadvertently lock the federal courthouse door to much of the law of restitution. Restitution is based on defendant’s gain, not plaintiff’s loss. Many restitution defendants made improper profits by violating plaintiffs’ legal rights without causing plaintiffs any pecuniary loss or harm. The brief reviews numerous long-standing restitution claims that do not involve any “injury in fact” under Spokeo’s apparent definition. These claims to recover a wrongdoer’s improper profits or to set aside a transaction tainted by a wrongdoer’s conflict of interest are crucial parts of our restitution jurisprudence. This brief calls on the Court to stand up for restitution.

Prediction of adsorption from multicomponent solutions by activated carbon using single-solute parameters. Part II--Proposed equation.

Prediction of multicomponent adsorption is still one of the most challenging problems in the adsorption field. Many models have been proposed and employed to obtain multicomponent isotherms from single-component equilibrium data. However, most of these models were based on either unrealistic assumptions or on empirical equations with no apparent definition. The purpose of this investigation was to develop a multicomponent adsorption model based on a thermodynamically consistent equation, and to validate that model using experimental data. Three barbiturates--phenobarbital, mephobarbital, and primidone--were combined to form a ternary system. The adsorption of these barbiturates from simulated intestinal fluid (without pancreatin) by activated carbon was studied using the rotating bottle method. The concentrations, both before and after the attainment of equilibrium, were determined with a high-performance liquid chromatography system employing a reversed-phase column. The proposed equation and the competitive Langmuir-like equation were both fit to the data. A very good correlation was obtained between the experimental data and the calculated data using the proposed equation. The results obtained from the original competitive Langmuir-like model were less satisfactory. These results suggest that the proposed equation can successfully predict the trisolute isotherms of the barbituric acid derivatives employed in this study.

Prediction of adsorption from multicomponent solutions by activated carbon using single-solute parameters. Part II—Proposed equation

Prediction of multicomponent adsorption is still one of the most challenging problems in the adsorption field. Many models have been proposed and employed to obtain multicomponent isotherms from single-component equilibrium data. However, most of these models were based on either unrealistic assumptions or on empirical equations with no apparent definition. The purpose of this investigation was to develop a multicomponent adsorption model based on a thermodynamically consistent equation, and to validate that model using experiment data. Three barbiturates—phenobarbital, mephobarbital, and primidone—were combined to form a ternary system. The adsorption of these barbiturates from simulated intestinal fluid (without pancreatin) by activated carbon was studied using the rotating bottle method. The concentrations, both before and after the attainment of equilibrium, were determined with a high-performance liquid chromatography system employing a reversed-phase column. The proposed equation and the competitive Langmuir-like equation were both fit to the data. A very good correlation was obtained between the experimental data and the calculated data using the proposed equation. The results obtained from the original competitive Langmuir-like model were less satisfactory. These results suggest that the proposed equation can successfully predict the trisolute isotherms of the barbituric acid derivatives employed in this study.

Image Quality of Digital Photography Prints—II: Dependence of Print Quality on Pixel Condition of Input Camera

In digital photography, input photoimages to the electronic camera are sampled by segmental imager and converted into image data. The smallest unit of division is called a pixel and the segmentation fixes the size and number of those pixels. Output picture definition is directly related to the pixel number of the input imager. Moreover the image processing to modify the pixel condition influenced the tonal quality of output image. This article discusses the relationship between the conditions of pixel in the imager of the input digital still cameras (DSC) and the image quality of output prints in a digital photography system. Sample color prints showing the same test pattern images in different definition proportional to the numbers of pixel were produced by a single digital photography system. The correlation between the pixel condition of input device and the structural and tonal image quality of output prints were apparent to the subjective visual examination and the objective physical analyses. The effects of pixel condition appeared in the drastic MTF changes on the image structure and the apparent definition changes on the tone rendition of reproductions on the sample prints. The results suggest that there is a limiting pixel number for digital cameras to produce satisfactory hand-held size digital photography color prints.

いわゆるｍａｎｔｌｅ‐ｚｏｎｅ ｌｙｍｐｈｏｍａ（ＭＺＬ） 多クローン性高ガンマグロブリン血症を伴った症例の報告とＭＺＬの独立性に関する論争についての文献的考察

‘Mantle-zone lymphoma’ (MZL) with polyclonal hypergammaglobulinemia (PHG) in a 79-yr-old man is reported. In the cervical lymph node, vaguely nodular proliferation of monoclonal B cells as wide mantles was noted, and surface phenotypes of these cells were similar to those of MZL cells. Since several cases of MZL with PHG have been reported, the diagnosis of such cases require careful hematopathologic examinations.Whether MZL is a distinct clinicopathologic entity or not, appears to be a matter of debate. This confusion may be derived from the fact that the term MZL was originally employed without apparent definition whether it was based on morphology or surface phenotype (or histogenesis). It is stressed that examination of further MZL cases should be performed on the understanding of this controversial issue.