Procedural Due Process and State University Students

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights

Write This Down: A Model Market-Share Liability Statute

The 1980s featured a remarkable series of lawsuits: the DES cases. The women who brought these cases had been harmed by a drug—DES—that their mothers had taken while the future plaintiffs were in utero. Hundreds of companies manufactured DES, each unit of DES sold was chemically identical, and the harmed women were generally unable to identify the manufacturer who had filled their mothers’ prescriptions. Many of the plaintiffs could not prove causation as to a specific manufacturer and so could not bring traditional tort suits. To provide relief, some courts forged ahead with a new tort theory: market-share liability. Under this theory, plaintiffs who were harmed by a fungible product and unable to identify the manufacturer who produced the unit that harmed them could sue all manufacturers of the product and collect from each of them according to their market share. But not every court recognized this new theory. And among the courts that did, disagreement emerged as to doctrinal determinations and mechanical considerations. This Note is the first survey of both the legal and practical questions surrounding claims based on market-share liability, from whether a prospective plaintiff qualifies for such a cause of action to determining the relevant market to pleading requirements. It asserts that market-share liability furthers the purposes of tort and products-liability law, critiques existing state statutory schemes, and proposes a model statute for state legislatures to consider

Simulations of Normal Spiral Galaxies

Results are presented of numerical simulations of normal isolated late type spiral galaxies. Specifically the galaxy NGC 628 is used as a template. The method employs a TREESPH code including stellar particles, gas particles, cooling and heating of the gas, star formation according to a Jeans criterion, and Supernova feedback. A regular spiral disc can be generated as an equilibrium situation of two opposing actions. On the one hand cooling and dissipation of the gas, on the other hand gas heating by the FUV field of young stars and SN mechanical forcing. The disc exhibits small and medium scale spiral structure of which the multiplicity increases as a function of radius. The theory of swing amplification can explain, both qualitatively and quantitatively, the emerging spiral structure. In addition, swing amplification predicts that the existence of a grand design m=2 spiral is only possible if the disc is massive. The simulations show that the galaxy is then unstable to bar formation. A general criterion is derived for the transition between bar stable and unstable, depending on disc mass contribution and on disc thickness. It seems that bar stability hardly depends on the presence of gas. A detailed quantitative analysis is made of the emerging spiral structure and a comparison is made with observations. That demonstrates that the structure of the numerical isolated galaxies is not as strong and has a larger multiplicity compared to the structure of some exemplary real galaxies. It is argued that a grand design can only be generated by a central bar or by tidal forces resulting from an encounter with another galaxy.Comment: Accepted for publication in: Monthly Notices of the Royal Astron. Soc. The astro-ph copy has a few figures with degraded resolution. A copy with high quality graphics (4281 kb) can be downloaded from the kapteyn institute weg page at http://www.astro.rug.nl (Goto preprints and preprints 2003