Hard Cases Under the Convention on the International Sale of Goods: A Proposed Taxonomy of Interpretative Challenges

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Hard Cases Under the Convention on the International Sale of Goods: A Proposed Taxonomy of Interpretative Challenges

CISG was formally uniform at the time of its adoption. It used the same words in all of the jurisdictions adopting it. But uniform words are not enough to guarantee uniform application. For many commentators, in fact, the most significant impediment to the continued existence or efficacy of the CISG is the lack of uniform interpretive outcomes in hard CISG cases – cases where a CISG provision is vague either on its face or in its application. Without greater uniformity of interpretive outcomes, these commentators suggest, the CISG will, over time, fail to supply standard solutions to similar contracting problems and thus fail to supply the predictability that parties need. In this Article, Professor Allen Blair argues that these commentators start with an exaggerated expectation about the kind and degree of uniformity called for by the CISG and demanded by parties. Contrary to the standard conception of CISG interpretation, uniformity of interpretive outcomes is an improper goal with respect to CISG provisions cast as open-textured standards, and any effort to harden these standards into rigid rules could, in fact, undermine the efficiency goals of contracting parties

Leisure Time and The Retiree.

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A review of the mallet impact test for small scale explosive formulations

Presented at 19th Seminar on New Trends of Energetic Materials (NTREM 2016); 20-22/04/2016, Pardubice Czech RepublicDevelopment of new explosive formulations begins with the generation of only a few milligrams of material which is investigated using a number of small scale tests such as DSC, TGA, response to flame, mallet impact (mallet friction either glancing or direct blow) to determine whether the formulation is safe to scale up to 10 g. The latter of these tests, mallet impact, can be particularly subjective as the result is directly influenced by the operator carrying out the assessment. Not only can there be a change from one operator to another but there can also be a change in the force applied during each strike potentially leading to inconsistent results. This study highlights this encountered variation and assesses the load applied by a variety of operators with varying levels of explosive experience. This paper also proposes the use of a small scale laboratory based impact test which would provide improved confidence in the assessment of impact sensitiveness of explosive formulations and assist in justifying whether a formulation can be taken to the next scale. A small scale version of the BAM impact test (EMTAP Test 43) has been devised that allows the comparison of the sensitiveness of small scale formulations relative to RDX (8.7 J, EMTAP Test 43B) whilst also ensuring a reproducible result

What do we really know about infants who attend Accident and Emergency departments?

Aims: Accident and Emergency attendances continue to rise. Infants are disproportionately represented. This study examines the clinical reasons infants attend UK Accident and Emergency departments. Methods: A retrospective review of 6,667 infants aged less than one year attending Accident and Emergency at two district general hospitals in London from 1st April 2009 to 30th March 2010. All infants had been assigned to a diagnostic category by the medical coding department according to National Health Service (NHS) data guidelines, based on the clinical diagnoses stated in the medical records. The Accident and Emergency case notes of a random subsample of 10% of infants in each of the top five recorded diagnostic categories (n = 535) were reviewed in detail and audited against the standard national NHS data set. Results: The top 5 clinical diagnoses were ‘infectious diseases’, ‘gastrointestinal’, ‘respiratory’, ‘unclassifiable’ and ‘no abnormality detected’ (NAD). A third of infants were originally given a diagnosis of unclassifiable (21.5%) or NAD (11.5%). After detailed case-note review, we were able to reduce this to 9.7% (95% confidence interval (CI): 9.0, 10.4) and 8.8% (95% CI: 8.1, 9.5), respectively. Conclusion: This study demonstrates the importance of providing a clear clinical diagnosis and coding system for Accident and Emergency attendances and understanding that system fully. This would allow for better informed health service evaluation, planning and research as each of these relies on the interpretation of routine health-care data. Furthermore, the relatively high proportion (10%) of infants attending with no discernible underlying medical abnormality suggests the health needs of a significant proportion of infants attending Accident and Emergency departments may be better addressed by alternative service provision and/or improved education and support to parents

A student's history of the town of Norton in Massachusetts

Thesis (Ed.M.)--Boston Universit

Teachers\u27 Perceptions of Their Preparation to Choose and Implement Effective Methods for Teaching Emergent Readers.

Reading is not an easily learned skill for most students. I chose to look at the methodology being used by teachers in East Tennessee to instruct emerging readers. Through my review of literature, I researched reading approaches implemented in American classrooms in the last 150 years. I compared and contrasted data to determine current researchers\u27 findings concerning the most effective techniques for teaching reading and how teachers have implemented this knowledge base into their teaching strategies. Teachers cannot teach what they do not know. Therefore, I also researched literature addressing the growing concern among educators with teachers\u27 preparation and professional development opportunities as well as the amount of specific preparation teachers received regarding the reading methods they are using. After compiling the data from my interviews with 30 East Tennessee first-grade teachers, I found that most said they did not feel adequately prepared to teach emergent readers. These teachers reported they had not had instruction that provided foundations in a wide range of research-based approaches to reading. The professional development offerings for teachers already in the classroom were often sporadic and did not compensate for their lack of preparation in college. There is a need for colleges and universities to re-evaluate the current teacher preparation programs. School systems should strive to provide quality inservice opportunities for instructors of emergent readers as well as hiring reading coaches or specialists to assist the reading instructors