272 research outputs found

    Assaults by Fellow Employees Under the FELA and the Jones Act

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    Forging a Good Unilateral Contract or a Series of Good Contracts out of a Bad Bilateral Contract

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    The title of this article is suggested by an article written by the late Dean Finn, then Professor Finn, in the Brooklyn Law Review. In that article Dean Finn urged, “Let us forge good unilaterals out of bad bilaterals if conscience points the way.” That article did not attempt to formulate rules which would help determine when the forging should occur. Professor Williston comes little closer to the formulation of a rule when he states: “An insufficient bilateral agreement may sometimes by performance on one side become a valid unilateral contract.” The purpose of this Article is to explore some of the problems concealed in Williston’s use of the word “sometimes” and to set forth some general rules which should apply to any phase of this problem. It will also examine the related problem of forging a series of good contracts out of a bad bilateral contract

    Cocaine in surface waters: a new evidence-based tool to monitor community drug abuse

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    BACKGROUND: Cocaine use seems to be increasing in some urban areas worldwide, but it is not straightforward to determine the real extent of this phenomenon. Trends in drug abuse are currently estimated indirectly, mainly by large-scale social, medical, and crime statistics that may be biased or too generic. We thus tested a more direct approach based on 'field' evidence of cocaine use by the general population. METHODS: Cocaine and its main urinary metabolite (benzoylecgonine, BE) were measured by mass spectrometry in water samples collected from the River Po and urban waste water treatment plants of medium-size Italian cities. Drug concentration, water flow rate, and population at each site were used to estimate local cocaine consumption. RESULTS: We showed that cocaine and BE are present, and measurable, in surface waters of populated areas. The largest Italian river, the Po, with a five-million people catchment basin, steadily carried the equivalent of about 4 kg cocaine per day. This would imply an average daily use of at least 27 ± 5 doses (100 mg each) for every 1000 young adults, an estimate that greatly exceeds official national figures. Data from waste water treatment plants serving medium-size Italian cities were consistent with this figure. CONCLUSION: This paper shows for the first time that an illicit drug, cocaine, is present in the aquatic environment, namely untreated urban waste water and a major river. We used environmental cocaine levels for estimating collective consumption of the drug, an approach with the unique potential ability to monitor local drug abuse trends in real time, while preserving the anonymity of individuals. The method tested here – in principle extendable to other drugs of abuse – might be further refined to become a standardized, objective tool for monitoring drug abuse

    Motor Vehicles: Are they emerging threats to Lake Victoria and its environment?

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    Lake Victoria and its basin supports more than 30 million people, while its fishes are exported the world over. This second largest fresh water body is however experiencing stress due to eutrophication, sedimentation, declining levels and more recently the motor vehicle sector. This contribution examines the general pollution from motor vehicle and gives an in-depth analysis of motor vehicle washing along the lakeshore. The results indicate the water samples from the motor vehicle washing and urban runoff points to be slightly acidic (i.e., average pH of 6.7) and average Total at these points. The conductivity for the motor vehicle washing points averaged at 150 S/cm, while the urban runoffs point was more varied ranging from below 150 S/cm to over 400 S/cm (average 301 S/cm). A positive correlation coefficient of more than 0.7 is obtained between the total daily count of vehicles and each of the water quality parameter tested. This signifies a strong correlation between motor vehicle related activities and the pollution of the lake. In general, the motor vehicle industry is found to have a noticeable negativeeffect on the lake
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