1,548 research outputs found
Draft Genome Sequence of the Grapevine Dieback Fungus Eutypa lata UCR-EL1.
The vascular pathogen Eutypa lata, which causes Eutypa dieback in grapevines, is a major threat to grape production worldwide. Here, we present the first draft genome sequence of E. lata (UCR-EL1). The computational prediction and annotation of the protein-coding genes of UCR-EL1 provide an initial inventory of its potential virulence factors
Distinguishing the Concept of Strict Liability for Ultra-hazardous Activities From Strict Products Liability Under Section 402A of the Restatement (Second) of Torts: Two Parallel Lines of Reasoning That Should Never Meet
The cornerstone of tort law in our Anglo-American system of jurisprudence is based upon three generally accepted principles. The first is that by awarding any individual monetary damages after their injury, we can make them whole, and the second is the concept of the reasonable prudent person. The third, and the focal point of this article, is that liability is imposed, and the corresponding right to recovery is created, not because of the fact that the plaintiff is injured, but because the injury is the result of the defendant’s fault.
Fault, as each first year law student is quick to learn, is either based upon the fact that the defendant was negligent in bringing about injury, or in the alternative, that the defendant intended or was substantially certain that the harm would result as the natural consequence of their behavior. The largest percentage of our tort litigation is involved with these issues. A smaller number however, are concerned with scenarios where culpability is not an issue. The defendant’s liability will result in these cases because our system of jurisprudence has dictated that blame is not an element of recovery. Instead, liability is imposed simply because of the relationship between the parties, or due to the fact that the defendant has undertaken the activity which resulted in injury. This is of course, liability without fault, or as it is more commonly known, strict liability
Fattening Food: Should Purveyors of Fast Food be Required to Warn? A Call for a New Tort
Being overweight continues to be an important issue for many Americans. The latest diet fad is likely to include at least one title on the current bestseller list, and newspapers carry daily articles on the most recent study regarding risks related to obesity. Heeding these concerns, the federal government has added its own impetus by requiring the packaged food industry to list, not only nutritional information, but also calories. Individuals alleging injury and seeking recourse have made an attempt to place fault upon purveyors of fast food. To date, American jurisprudence has not helped. The courts have suggested that, from a products liability perspective, fast food is not defective and writers have concurred
The Illusive Meaning of the Term Product Under Section 402A of the \u3ci\u3eRestatement (Second) of Torts\u3c/i\u3e
Ecosystem services of urban trees and the impacts of urbanization
The University of Texas- Pan American has conducted a complete survey of campus trees in partial fulfillment of the requirements for membership in the International Society of Arboriculture Designation of Tree Campus USA. This tree inventory was accomplished with the help of students whom were trained by faculty and foresters. Other than the completion of the tree inventory, this thesis had two main goals; 1) valuate the ecosystem services provided by campus trees 2) create a unique service learning project that other institutions can model. According to our calculations, the trees on campus have sequestered 568,652 kg of CO2, avoided 749.114 m3 /year of water, saved 25,152.2 kWh in energy savings and sequestered 992,229 g of airborne particulates. The students involved in the tree inventory showed strong initiative as well as an increased amount of pride in their work over the course of the semesters. This method showed transformational results and is encouraged by other institutions
Upon Leaving a Firm: Tell the Truth or Hide the Ball
This Article analyzes the relevant ethical mandates and the history of postemployment restrictive covenants between lawyers. In so doing, this Article raises and answers questions concerning the traditional position taken by lawyers. First, Part II examines the conflicts that increasingly occur when attorneys depart their firms. Part III discusses the evolution and ethical rationale underlying the traditional, per se impermissibility of noncompetition clauses between lawyers. Next, Part IV acknowledges the unique position of lawyers in the public sphere and the judiciary's use of a reasonableness standard, rather than a commercial standard, to evaluate attorney restrictive covenants. Part V examines the Cohen decision, while Part VI analyzes the recent judicial trend in upholding postemployment covenants. Part VII then discusses the balancing test currently used to reject the per se impermissibility of noncompetition clauses between lawyers. Part VIII discusses the adverse impact resulting from the application of the balancing test. Finally, in Part IX, this Article concludes that the legal profession is inherently different from any other profession, mandating that attorney noncompetition clauses be treated differently in order to protect the best interests of the client
Resonant tunneling diode oscillators for optical communications
The ability to use resonant tunneling diodes (RTDs) as both transmitters and receivers is an emerging topic, especially with regards to wireless communications. Successful data transmission has been achieved using electronic RTDs with carrier frequencies exceeding 0.3 THz. Specific optical-based RTDs, which act as photodetectors, have been developed by adjusting the device structure to include a light absorption layer and small optical windows on top of the device to allow direct optical access. This also allows the optical signal to directly modulate the RTD oscillation. Both types of RTD oscillators will allow for seamless integration of high frequency radio and optical fiber networks.European Union's Horizon research and innovation programme [645369
A Continuing Whimsical Search for the True Meaning of the Term Products Liability Litigation.
Abstract Forthcoming
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