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2014

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The Application Of Competition Law To The Activities Of Entities Performing Public Tasks Based On The Principles Of Social Solidarity - Differences Between The Polish And The Eu Approach, Marcin Kolasiński Jan 2014

The Application Of Competition Law To The Activities Of Entities Performing Public Tasks Based On The Principles Of Social Solidarity - Differences Between The Polish And The Eu Approach, Marcin Kolasiński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article is devoted to the issue of applying competition law to the assessment of the activities of entities performing public tasks on the basis of the principles of social solidarity. Bodies of this type primarily include entities operating in the area of redistribution of health contributions and social insurance contributions. The article contains therefore an analysis of the activities of the National Health Fund and the Social Insurance Institution. It also presents the differences in the approach to identifying such entities as entrepreneurs which are subject to competition law under Polish and EU competition law. Contrary to certain opinions, …

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8th Amendment Of The German Act Against Restraints On Competition – An Overview. More “European” Approach?, Ilona Szwedziak-Bork Jan 2014

8th Amendment Of The German Act Against Restraints On Competition – An Overview. More “European” Approach?, Ilona Szwedziak-Bork

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper is devoted to the 8th Amendment of the German Act against Restraints on Competition (Gesetz gegen Wettbewerbsbeschränkungen) that came into force in July 2013. Pointed out are the most important changes: the introduction of the SIEC test (significant impediment of effective competition) and the increase of the market share threshold for the presumption of “single” market dominance. Also among the key changes introduced by the 8th Amendment is partial applicability of German competition rules to statutory health insurance funds.

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Takeover Of Media Regionalne By Polskapresse: Economic Perspective, Maria Stryszowska Jan 2014

Takeover Of Media Regionalne By Polskapresse: Economic Perspective, Maria Stryszowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the decision of the Polish competition authority (President of UOKiK) concerning the acquisition of Media Regionalne by Polskapresse. It presents a brief overview of the case and suggests what economic analyses could have been used in its market definition stage and for the evaluation of the merger’s effects

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Review Of The Decisions Of The President Of Uokik Concerning Infringements Of Collective Consumers Interests In The Financial Services Market From 2012 To 2014, Natalia Matlak Jan 2014

Review Of The Decisions Of The President Of Uokik Concerning Infringements Of Collective Consumers Interests In The Financial Services Market From 2012 To 2014, Natalia Matlak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This study presents selected decisions of the President of UOKiK concerning infringements of collective consumer interests in the financial services market from 2012 to 2014. It describes common bank practices regarded as infringing the interests in question.

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Status And Tasks Of The European Railway Agency – Current Situation And Future Prospects In The Light Of The Draft Fourth Railway Package, Michał Będkowski-Kozioł Jan 2014

Status And Tasks Of The European Railway Agency – Current Situation And Future Prospects In The Light Of The Draft Fourth Railway Package, Michał Będkowski-Kozioł

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article presents the structure, functions and powers of the European Railway Agency considering the functions and tasks of EU agencies as well as the legal basis of their operation, which determine the scope of their respective competences. Discussed are the premises for the establishment of the European Railway Agency, its structure and tasks as well as proposals for improvements in this area in the draft of the Fourth Railway Package.

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What Is Of (Eu) Interest? And How? Some Reflections With Regard To Article 5 Regulation No 1370/2007, Piotr Bogdanowicz Jan 2014

What Is Of (Eu) Interest? And How? Some Reflections With Regard To Article 5 Regulation No 1370/2007, Piotr Bogdanowicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The ECJ has recently been significantly expanding the scope of the applicability of EU public procurement legislation as well as the obligation to abide by generally applicable rules, primarily the principle of transparency. In this light, the following article poses the question whether the approach taken by the ECJ could lead to the conclusion that directly commissioning services of public interest in the field of public passenger transport by rail might be found to be in breach of EU law. The article discusses key provisions of Regulation 1370/2007, certain ECJ rulings, and the standpoint of the EC. Considered also are …

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The Independence Of Railway Infrastructure Managers In The Jurisprudence Of The Court Of Justice Of The European Union, Łukasz Gołąb Jan 2014

The Independence Of Railway Infrastructure Managers In The Jurisprudence Of The Court Of Justice Of The European Union, Łukasz Gołąb

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

It is noticeable that the European Commission has recently increased its activities with respect to the evaluation of the national implementation process of European Rail Transport Law. As a result, the Commission has submitted a number of claims to the Court of Justice of the European Union against those Member States which – in the opinion of the EC – have infringed their obligations to implement the relevant EU provisions. The following article discusses a number of cases examined by the Court of Justice in the context of the requirements on the independence of infrastructure managers arising from EU jurisprudence

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An Appraisal Of The Level Of Legal Independence Of The President Of The Polish Office Of Rail Transportation Based On Fabrizio Gilardi's Model, Wojciech Pawłuszko Jan 2014

An Appraisal Of The Level Of Legal Independence Of The President Of The Polish Office Of Rail Transportation Based On Fabrizio Gilardi's Model, Wojciech Pawłuszko

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The subject of this article is an appraisal of the level of legal independence of Poland’s railway regulatory authority – the President of the Office of Rail Transportation – by using Fabrizio Gilardi's model. The assessment considers the social and legal background of the regulator's actions, as well as a variety of factors determining the authority’s legal position. The assessment is made by quantifying the most important of these circumstances. The article considers also to what a degree the Polish legislator has fulfilled its role to ensure an appropriate status of the national railway regulator.

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The Property Tax Exemption For Buildings And Land Belonging To Railway Infrastructure Applicable If The Infrastructure Manager Is Obligated To Share Them With Licensed Rail Carriers, Katarzyna Wróbel Jan 2014

The Property Tax Exemption For Buildings And Land Belonging To Railway Infrastructure Applicable If The Infrastructure Manager Is Obligated To Share Them With Licensed Rail Carriers, Katarzyna Wróbel

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The wording of Article 7 of the Act of 12 January 1991 on Local Taxes and Charges creates many doubts. The paper presents the scope of the existing relationship between Polish Tax and Local Charges Law and its Transport Legislation. The article considers in particular the property tax exemption available to buildings and land belonging to railway infrastructure under the Rail Transport Law provided the infrastructure manager is obligated to share those building/land with licensed rail carriers

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Margin Squeeze Test In Regulatory Practice Of The President Of Uke, Jan Siudecki Jan 2014

Margin Squeeze Test In Regulatory Practice Of The President Of Uke, Jan Siudecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The author analyses legal and regulatory environment of margin squeeze tests in Poland. Regulatory tools applied by the President of UKE in this field are discussed together with related controversies. Subsequently the European legal framework for margin squeeze tests and relevant positions of European institutions are analyzed. Conclusions in this regard form a basis for a critical assessment of solutions adopted by the regulator

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Distance Contracts For Digital Content Which Is Not Supplied On A Tangible Medium In The Light Of The Law On Consumer Rights, Wojciech Dziomdziora Jan 2014

Distance Contracts For Digital Content Which Is Not Supplied On A Tangible Medium In The Light Of The Law On Consumer Rights, Wojciech Dziomdziora

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Consumer Rights Act enters into force on 25.12.2014. The act implements into Polish law the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. The paper addresses the new regulations on the trader’s information requirements and consumer’s right of withdrawal concerning distance contracts for digital content which is not supplied on a tangible medium. Author presents legislation and confronts it with various market practices

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Anonymisation Of Data Protected By Telecommunications Confidentiality, Stanisław Piątek, Paweł Piątek Jan 2014

Anonymisation Of Data Protected By Telecommunications Confidentiality, Stanisław Piątek, Paweł Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The goal of the article is the assessment of conditions concerning the utilization of data generated in telecommunications, processed by telecommunications operators, for other purposes than provision of telecommunications services, in a way that is not infringing rights and interests of data subjects. The article should demonstrate that national law implements the provisions of EU law concerning the protection of data processed in telecommunications in an inappropriate manner, limiting or even eliminating the admissibility of anonymising data. The analyze concerns anonymisation of personal data, transmission data, including location data, as well as data concerning location of the user, used for …

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The Development Of The Internet Of Things - Opportunities And Threats, Ewa M. Kwiatkowska Jan 2014

The Development Of The Internet Of Things - Opportunities And Threats, Ewa M. Kwiatkowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article provides the analysis of the Internet of Things (IoT), the concept of connecting not only people but also things. The opportunities and challenges of this communication technology for individuals, whole societies and business enterprises are discussed. Potential future application domains are reviewed, with particular emphasis on the healthcare sector, including pharmaceutical industry

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The Phenomenon Of Market Concentration In Telecommunications Sector In Poland And The Need For The Development Of Broadband Infrastructure – Outline Of The Problem, Renata Śliwa Jan 2014

The Phenomenon Of Market Concentration In Telecommunications Sector In Poland And The Need For The Development Of Broadband Infrastructure – Outline Of The Problem, Renata Śliwa

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The paper attempts to justify some extension of market concentration toward the necessity to stimulate facility-based competition. The first part encompasses theoretical foundations of market concentration and the role of regulation. Then, the asymmetric form of regulation is highlighted as well as the deregulation. The third part pictures the state of facility-based competition in Poland and the perspective of its stimulation

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Control Over Acquisition Of Minority Shareholdings In The Planned Reform Of The Regulation 139/2004, Dariusz Aziewicz Jan 2014

Control Over Acquisition Of Minority Shareholdings In The Planned Reform Of The Regulation 139/2004, Dariusz Aziewicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article is devoted to the planned reform of merger control regime in the European Union. In July 2014 the European Commission issued a White paper: „Towards more effective EU merger control.” The article is focused on economic aspects of the reform provided by the European Commission and several legal studies. Moreover, the article concerns the effects which the planned regime may take, while assessing transactions in which one of the parties will be a polish company. Furthermore, it indicates possible amendments to the Polish commercial law, which should be undertaken to preserve the principle of effectiveness of the European …

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Slotting Fees Versus Price-Setting Mechanisms, Maciej Marek Jan 2014

Slotting Fees Versus Price-Setting Mechanisms, Maciej Marek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Ban on slotting fees, stemming from art. 15 par. 1 pt. 4 of Act on combating unfair competition, has been too loosely interpreted by the Polish courts. In particular, wrongly qualified as slotting fees are payments which are primarily price-setting measures and which are generally neither unfair nor harmful. The category of price-setting payments includes payments defined as a fraction of a value of a turnover and payments due after specified level of sales is reached. The prerequisites of art. 15 par. 1 pt. 4 of Act on combating unfair competition may be met by fixed payments, but even those …

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Concept Of The Asymmetric Competitive Pressure. Polish Competition Authority’S Decisions In Auchan Polska And Jeronimo Martins Cases In The Light Of British Experience, Justyna Matuszczak-Piasta Jan 2014

Concept Of The Asymmetric Competitive Pressure. Polish Competition Authority’S Decisions In Auchan Polska And Jeronimo Martins Cases In The Light Of British Experience, Justyna Matuszczak-Piasta

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article presents the concept of asymmetric competitive pressure in the jurisprudence of antitrust authorities in the UK and indicates economic tools used in order to determine the relevant markets for the activities of grocery retailers. This paper discusses also the application of the concept of asymmetric competitive pressure by Polish competition authority.

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Rebates Granted By Dominant Undertakings – Can The Recent Case Law Of The Court Of Justice Be Defended? Judgment Of The General Court Of 12 June 2014 In Case T-286/09 – Intel Corp. V European Commission, Emilia Wardęga Jan 2014

Rebates Granted By Dominant Undertakings – Can The Recent Case Law Of The Court Of Justice Be Defended? Judgment Of The General Court Of 12 June 2014 In Case T-286/09 – Intel Corp. V European Commission, Emilia Wardęga

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

: The case comment attempts to seek arguments to defend the formalistic approach adopted by the General Court in a recent judgment regarding rebates granted by undertakings holding dominant position. However, in spite of certain advantages of such approach, it does not seem appropriate for the assessment of conditional rebates and it is not in line with the recent developments of competition law. The case comment criticizes in particular the per se prohibition of loyalty rebates adopted by the General Court and the depreciation of the usefulness of the AEC test as a tool to demonstrate exclusionary effects of certain …

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Developing Rating Curves In A Small Iowa Watershed To Evaluate Nutrient Loading In Streams, Jennifer Mary Shepeck Jan 2014

Developing Rating Curves In A Small Iowa Watershed To Evaluate Nutrient Loading In Streams, Jennifer Mary Shepeck

Dissertations and Theses @ UNI

Dry Run Creek, a tributary to the Cedar River in northeast Iowa, is a watershed under high pressure from the surrounding region. With its headwaters located in farm fields and urban drainage ditches, it is subject to flash flooding and erosion and is on the DNR’s list of impaired waters. Dry Run Creek is similar to other small watersheds across eastern Iowa. As tributaries to the larger rivers that eventually flow into the Mississippi River and then to the Gulf of Mexico, they are significant contributors to the nutrient loading causing the hypoxia in the Gulf. The purpose of this …

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Reducing Child Neglect In Linn County Iowa Utilizing The Public Health Model, Jennifer April Barnett Jan 2014

Reducing Child Neglect In Linn County Iowa Utilizing The Public Health Model, Jennifer April Barnett

Dissertations and Theses @ UNI

The issues that arise from child neglect cause a myriad of negative health outcomes. The objective of this thesis is to examine the use of the public health model as a preventive method in decreasing the incidence of child neglect. This study was conducted utilizing a survey that obtained information from 333 parents in Linn County, Iowa. The survey was created to gather social norms related to parenting. The survey gathered data on personal parenting practices and opinions of parenting practices of others within the community. Univariate and bivariate analysis were conducted to report demographics, frequencies in responses and the …

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Human Trafficking And The Media: Comparing Newspapers' Portrayal Of Victims And Offenders, Brittany Leigh Virkus Jan 2014

Human Trafficking And The Media: Comparing Newspapers' Portrayal Of Victims And Offenders, Brittany Leigh Virkus

Dissertations and Theses @ UNI

his study examined the portrayal of victims and offenders of human trafficking in three major newspapers from 2005- 2012. Additionally, this study examined if the age, gender, and legal status effected the portrayal of victims and offenders in the newspapers. Also included is an examination of groups of claims-makers and whether different groups portrayed victims and offenders same or differently. Utilizing a quantitative and qualitative content analysis to analyze the newspapers’ framing of victims and offenders, this research compared the portrayal of its groups. The findings indicated that claims-makers socially construct victims and offenders in ways that may not reflect …

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Effects Of A Short Term Mental Skills Training Program On Mental Toughness, Mitchell Edward Mleziva Jan 2014

Effects Of A Short Term Mental Skills Training Program On Mental Toughness, Mitchell Edward Mleziva

Dissertations and Theses @ UNI

Context: Mental toughness is considered to be one of the most important psychosocial skills an athlete can attain to be successful in sports competition. Mental toughness has also been acknowledged as one of the most popular terms used in sport psychology and is the least understood. The majority of mental toughness research focuses on how mental toughness should be defined, is developed, and the key aspects of mental toughness. Minimal research has examined whether an athlete’s mental toughness can change or improve due to the use of a mental skills training program. Objective: To determine if mental toughness can change …

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Book Review: Robotic Exploration Of The Solar System: Pt. 4: The Modern Era, 2004-2013, T. D. Oswalt Jan 2014

Book Review: Robotic Exploration Of The Solar System: Pt. 4: The Modern Era, 2004-2013, T. D. Oswalt

Publications

This document is Dr. Oswalt’s review of Robotic Exploration of the Solar System : Pt. 4: the Modern Era, 2004-2013 by Paolo Ulivi with David Harland Springer, 2014 567p bibl index afp, 9781461448112 $44.99, 9781461448129 $29.99

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Book Review: The Observer's Guide To Planetary Motion: Explaining The Cycles Of The Night Sky, T. D. Oswalt Jan 2014

Book Review: The Observer's Guide To Planetary Motion: Explaining The Cycles Of The Night Sky, T. D. Oswalt

Publications

This document is Dr. Oswalt’s review of The Observer's Guide to Planetary Motion : Explaining the Cycles of the Night Sky by Dominic Ford. Springer, 2014 240p index afp, 9781493906284 $34.99.

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Differential Spectral Imaging Of The Cn Violet Band In Laser-Induced Plasmas On Tnt Simulant Molecules, J. Merten, M. Jones, S. Hoke, S. Allen Jan 2014

Differential Spectral Imaging Of The Cn Violet Band In Laser-Induced Plasmas On Tnt Simulant Molecules, J. Merten, M. Jones, S. Hoke, S. Allen

Publications

Dual channel emission imaging of m-nitrobenzoic acid and benzoic acid was performed in order to visualize the morphology of the CN violet band emission of a TNT analogue. The CN channel was corrected for continuum emission using a simultaneously imaged background channel. Simultaneous dual channel imaging alleviated problems with shot to shot variation in the plasma morphology due to the friable substrates and showed differences between plasmas formed on the two targets.

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A Regression Model To Investigate The Performance Of Black-Scholes Using Macroeconomic Predictors, Timothy A. Smith, Ersoy Subasi, Aliraza M. Rattansi Jan 2014

A Regression Model To Investigate The Performance Of Black-Scholes Using Macroeconomic Predictors, Timothy A. Smith, Ersoy Subasi, Aliraza M. Rattansi

Publications

As it is well known an option is defined as the right to buy sell a certain asset, thus, one can look at the purchase of an option as a bet on the financial instrument under consideration. Now while the evaluation of options is a completely different mathematical topic than the prediction of future stock prices, there is some relationship between the two. It is worthy to note that henceforth we will only consider options that have a given fixed expiration time T, i.e., we restrict the discussion to the so called European options. Now, for a simple illustration of …

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Appraisal And Selection For Digital Curation, Jinfang Niu Jan 2014

Appraisal And Selection For Digital Curation, Jinfang Niu

School of Information Faculty Publications

Based on existing appraisal/selection policies in libraries, archives, museum, social science and science data centers, this paper presents a generic appraisal/selection framework for digital curation. In presenting this framework, the author discusses how archival appraisal theories, methods, and criteria adapt to the general digital curation context.

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Modeling Operational Reliability: The Discovery Of The Organizational Learning Loop, John J. Sullivan Jan 2014

Modeling Operational Reliability: The Discovery Of The Organizational Learning Loop, John J. Sullivan

School of Information Faculty Publications

There has been considerable debate over organizational learning strategies as a worthwhile endeavor. This paper examines the issue within the context of High Reliability Organizations (HROs) through a recent ethnographic study that focused on organizational learning and its role in understanding of the dynamics of operational reliability. A review of the literature examines factors that influence organizational learning effectiveness within the context of the Sullivan-Beach model (Sullivan & Beach, 2009), which provides a conceptual framework from within which the dynamics of High Reliability Organizations (HROs) can be explained. Empirical data was gathered over a six month period in a high …

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Password Protected Visual Cryptography Via Cellular Automaton Rule 30, Roman V. Yampolskiy, Jovan D. Rebolledo-Mendez, Musa M. Hindi Jan 2014

Password Protected Visual Cryptography Via Cellular Automaton Rule 30, Roman V. Yampolskiy, Jovan D. Rebolledo-Mendez, Musa M. Hindi

Faculty and Staff Scholarship

Visual cryptography depends on two shares. The initial configuration, extra security bits and the number of the rule for the CA along with the number of computed steps serve as a password for a visually encrypted image. The second share could contain a predefined pattern; the developed algorithm uses a snapshot of a CA after a certain number of steps to generate the predefined share. Only one of these shares has to be random. The developed encryption system is a hybrid between visual and classical cryptographic approaches. It requires less storage space compared to a standalone visual encryption system and …

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Computational Models For Nanosecond Laser Ablation, Harihar Khanal, David Autrique, Vasilios Alexiades Jan 2014

Computational Models For Nanosecond Laser Ablation, Harihar Khanal, David Autrique, Vasilios Alexiades

Publications

Laser ablation in an ambient environment is becoming increasingly important in science and technology. It is used in applications ranging from chemical analysis via mass spectroscopy, to pulsed laser deposition and nanoparticle manufacturing. We describe numerical schemes for a multiphase hydrodynamic model of nanosecond laser ablation expressing energy, momentum, and mass conservation in the target material, as well as in the expanding plasma plume, along with collisional and radiative processes for laser-induced breakdown (plasma formation). Numerical simulations for copper in a helium background gas are presented and the efficiency of various ODE integrators is compared.

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