Litigating BP\u27s Contribution Claims in Publicly Subsidized Courts: Should Contracting Parties Pay Their Own Way?

In this Article, we focus on an important problem involving mass-accident cases that was highlighted by the Deepwater Horizon litigation: overuse of courts to enforce contribution claims. These claims seek to shift incurred or expected liability and damages between the business and governmental entities that participated in the activity that gave rise to the mass-accident risk. Participants in such ventures generally have the option to determine by contract beforehand whether to subject themselves to contribution claims and, if so, whether such claims will be resolved by a publicly funded court or by a privately funded process, such as arbitration. Because the parties prosecuting and defending against contribution claims can consume judicial resources largely free of charge, it is likely they will choose to litigate in court to a greater extent than is socially desirable. We consider whether courts can effectively realign the parties\u27 incentives by charging them for the cost of using the judicial process. Taking account of the public good of judicial precedent- making, we advance a user-fee design that allows courts to waive the fee in whole or in part for contribution claims that present substantial questions of law. Analysis of the proposal\u27s application is extended generally to commercial contract disputes. Our central conclusion is that an appropriately designed user fee can effectively abate the problem of overuse without adversely affecting the functioning of the civil liability system

Improving Frost Seeding Accuracy with an Entry Level GPS Unit

Guidance utilizing GPS has long been used for various operations in row crop agriculture. However, the high cost of these systems has limited their use in low-input forage and livestock operations. Reduced prices and the availability of used guidance systems have the potential to increase the use of precision agriculture in pastoral settings. In the past, frost seeding often resulted in areas that received no seed and areas that were double seeded. The objective of this experiment was to evaluate the impact of using a guidance system on the uniformity of seed dispersal. This study was conducted at the University of Kentucky’s Research and Education Center, located in Princeton, KY, USA in 2019 and 2021. The experimental design was a randomized complete block with four replications. Four pastures ranging from 2.5 to 4.3 ha were mock seeded using a UTV equipped with GPS guidance technology. The guidance system was initiated, but covered with an opaque bag, and the four pastures were driven by sight alone. This mock seeding process was then repeated utilizing the guidance system. Frost seeding without GPS guidance resulted in a 49% and 21% overlap in 2019 and 2021, respectively. At an overseeding cost of $89/ha and an average overlap of 35%, the cost of a guidance system could be recouped in as little as 48 ha. The results of this study indicate that GPS guidance systems have the potential to improve the uniformity of seed dispersal, thus reducing the cost of frost seeding for producers

Physical modelling of the interplay between salt-detached gravity gliding and spreading across complex rift topography, Santos Basin, offshore Brazil

The Santos Basin, offshore Brazil contains a complex set of salt-tectonic structures, the origins of which are debated, that is, the Albian Gap and the São Paulo Plateau (SPP). The Albian Gap is a ca. 450 km long, 60 km wide feature characterized by a post-Albian, counter-regional rollover overlying depleted Aptian salt, and in which the Albian is largely absent. The SPP, located immediately downdip, is defined by a pre-salt structural high overlain by ca. 2.5 km thick salt. Another prominent feature is the Merluza Graben, a rift-related depocentre that underlies the southern portion of the Albian Gap and displays significant (3–4 km) base-salt relief along its main faults. Two competing hypotheses have been proposed to explain the kinematics of these provinces. One invokes post-Albian extension in the Albian Gap and kinematically-linked contraction in the SPP. The other invokes post-Albian salt expulsion in the Albian Gap and salt inflation in the SPP. Recent studies, however, suggest these processes likely alternate in time and space, contributing nearly equally to the evolution of these domains. We apply 3D physical modelling to (i) test this hypothesis; and (ii) to more generally understand how gravity gliding and spreading over three-dimensionally variable base-salt relief control regional salt tectonics. The results show a similar salt-related evolution and structural styles to those proposed in the most recent studies. They also (i) explain the origin of the ca. 25 km wide diapir precursor of the Albian Gap by early salt inflation against base-salt steps; (ii) show that normal faults with different polarities and rollover types form due to the interplay between gliding and spreading over different base-salt domains and (iii) provide a mechanism for the origin of strata encased within salt structures. This improves our understanding of the distribution and origin of salt-related structural styles in worldwide salt basins.publishedVersio

STS-99 Shuttle Radar Topography Mission Stability and Control

The Shuttle Radar Topography Mission (SRTM) flew aboard Space Shuttle Endeavor February 2000 and used interferometry to map 80% of the Earth's landmass. SRTM employed a 200-foot deployable mast structure to extend a second antenna away from the main antenna located in the Shuttle payload bay. Mapping requirements demanded precision pointing and orbital trajectories from the Shuttle on-orbit Flight Control System (PCS). Mast structural dynamics interaction with the FCS impacted stability and performance of the autopilot for attitude maneuvers and pointing during mapping operations. A damper system added to ensure that mast tip motion remained with in the limits of the outboard antenna tracking system while mapping also helped to mitigate structural dynamic interaction with the FCS autopilot. Late changes made to the payload damper system, which actually failed on-orbit, required a redesign and verification of the FCS autopilot filtering schemes necessary to ensure rotational control stability. In-flight measurements using three sensors were used to validate models and gauge the accuracy and robustness of the pre-mission notch filter design

Exposure to extremely low frequency electromagnetic fields alters the behaviour, physiology and stress protein levels of desert locusts

Electromagnetic fields (EMFs) are present throughout the modern world and are derived from many man-made sources including overhead transmission lines. The risks of extremely-low frequency (ELF) electromagnetic fields are particularly poorly understood especially at high field strengths as they are rarely encountered at ground level. Flying insects, however, can approach close to high field strength transmission lines prompting the question as to how these high levels of exposure affect behaviour and physiology. Here we utilise the accessible nervous system of the locust to ask how exposure to high levels of ELF EMF impact at multiple levels. We show that exposure to ELF EMFs above 4 mT leads to reduced walking. Moreover, intracellular recordings from an identified motor neuron, the fast extensor tibiae motor neuron, show increased spike latency and a broadening of its spike in exposed animals. In addition, hind leg kick force, produced by stimulating the extensor tibiae muscle, was reduced following exposure, while stress-protein levels (Hsp70) increased. Together these results suggest that ELF EMF exposure has the capacity to cause dramatic effects from behaviour to physiology and protein expression, and this study lays the foundation to explore the ecological significance of these effects in other flying insects

Differential effects of tissue inhibitor of metalloproteinase (TIMP)-1 and TIMP-2 on atherosclerosis and monocyte/macrophage invasion

AIMS: MMPs contribute to atherosclerotic plaque progression and instability, but the relative potency of their endogenous tissue inhibitors of metalloproteinases (TIMPs) as protective factors has not been defined. We therefore investigated the impact of TIMP-1 and TIMP-2 knockout on atherosclerotic plaque burden and composition in apolipoprotein E-knockout (Apoe(−/−)) mice and studied the underlying effects on monocyte/macrophage behaviour. METHODS AND RESULTS: Analysis of brachiocephalic artery plaques revealed comparable atherosclerotic lesion areas between TIMP-1(−/−) Apoe(−/−) or TIMP-2(−/−) Apoe(−/−) double deficient mice and relevant age-matched, strain-matched Apoe(−/−) controls after 8 weeks of high-fat feeding. However, lesions from TIMP-2(−/−) Apoe(−/−) mice had higher levels of markers associated with plaque vulnerability, including increased macrophage: vascular smooth muscle cell ratios, larger necrotic core areas, reduced collagen contents, increased macrophage proliferation, and apoptosis frequencies, compared with TIMP-1(−/−)Apoe(−/−) and controls. In contrast, TIMP-1(−/−) Apoe(−/−) animals only had a significant reduction in vascular smooth muscle cell content compared with Apoe(−/−) controls. In vitro and in vivo findings implicated heightened monocyte/macrophage invasion in the detrimental effects observed on atherosclerotic plaque composition in TIMP-2(−/−) Apoe(−/−) mice. Moreover, TIMP-2 specifically decreased MMP-14-dependent monocyte/macrophage infiltration into sites of experimentally induced inflammation and established atherosclerotic lesions. CONCLUSION: Our data demonstrate that TIMP-2 plays a greater protective role than TIMP-1 during the pathogenesis of atherosclerosis, in part by suppressing MMP-14-dependent monocyte/macrophage accumulation into plaques

Genetic commonality of macrolide-resistant group A beta hemolytic streptococcus pharyngeal strains

BACKGROUND: Group A beta hemolytic streptococcus (GABHS) pharyngitis is a common childhood illness. Penicillin remains the gold standard therapy, but macrolides are indicated for the penicillin allergic patient, and are often used for convenience. METHODS: We conducted a surveillance study of children with pharyngitis and positive streptococcal rapid antigen testing from 10/05 to 10/06 at 2 sites (A & B). Demographics, treatment, and resistance data was collected and compared to previous data from 2002. Erythromycin (EM) resistance was determined by disk diffusion and E-test on 500 isolates. Pulse field gel electrophoresis (PFGE) was performed to measure genetic relatedness of isolates. StatXact version 8 software (Cytel Inc., Cambridge, MA) was utilized to perform Fisher's exact test and exact confidence interval (CI) analysis. RESULTS: There were no differences in resistance rates or demographic features, with the exception of race, between sites A & B. EM resistance was 0 in 2002, 3.5% in 2005-06 at site A, and 4.5% in 2005-06 at site B. 3/7 and 3/9 had inducible resistance at A and B respectively. 8 isolates had relatedness ≥80%, 5 of which were 88% homologous on PFGE. CONCLUSION: Community macrolide resistance has increased following increased macrolide use. These results may have treatment implications if use continues to be high

Vector competence of Aedes aegypti, Culex tarsalis, and Culex quinquefasciatus from California for Zika virus.

Zika virus (ZIKV) has emerged since 2013 as a significant global human health threat following outbreaks in the Pacific Islands and rapid spread throughout South and Central America. Severe congenital and neurological sequelae have been linked to ZIKV infections. Assessing the ability of common mosquito species to transmit ZIKV and characterizing variation in mosquito transmission of different ZIKV strains is important for estimating regional outbreak potential and for prioritizing local mosquito control strategies for Aedes and Culex species. In this study, we evaluated the laboratory vector competence of Aedes aegypti, Culex quinquefasciatus, and Culex tarsalis that originated in areas of California where ZIKV cases in travelers since 2015 were frequent. We compared infection, dissemination, and transmission rates by measuring ZIKV RNA levels in cohorts of mosquitoes that ingested blood meals from type I interferon-deficient mice infected with either a Puerto Rican ZIKV strain from 2015 (PR15), a Brazilian ZIKV strain from 2015 (BR15), or an ancestral Asian-lineage Malaysian ZIKV strain from 1966 (MA66). With PR15, Cx. quinquefasciatus was refractory to infection (0%, N = 42) and Cx. tarsalis was infected at 4% (N = 46). No ZIKV RNA was detected in saliva from either Culex species 14 or 21 days post feeding (dpf). In contrast, Ae. aegypti developed infection rates of 85% (PR15; N = 46), 90% (BR15; N = 20), and 81% (MA66; N = 85) 14 or 15 dpf. Although MA66-infected Ae. aegypti showed higher levels of ZIKV RNA in mosquito bodies and legs, transmission rates were not significantly different across virus strains (P = 0.13, Fisher's exact test). To confirm infectivity and measure the transmitted ZIKV dose, we enumerated infectious ZIKV in Ae. aegypti saliva using Vero cell plaque assays. The expectorated plaque forming units PFU varied by viral strain: MA66-infected expectorated 13±4 PFU (mean±SE, N = 13) compared to 29±6 PFU for PR15-infected (N = 13) and 35±8 PFU for BR15-infected (N = 6; ANOVA, df = 2, F = 3.8, P = 0.035). These laboratory vector competence results support an emerging consensus that Cx. tarsalis and Cx. quinquefasciatus are not vectors of ZIKV. These results also indicate that Ae. aegypti from California are efficient laboratory vectors of ancestral and contemporary Asian lineage ZIKV

Quantifying fault interpretation uncertainties and their impact on fault seal and seismic hazard analysis

We would like to thank DugInsight for the provision of an academic license for their software package. We would like to thank Emma Miche and two anomalous reviewers for constructive feedback on the original version of the manuscipt.Peer reviewe

Capturing flow transformation processes across an uneven seabed in coarse-grained sediment gravity flow deposits

The upper part of the Jurassic stratigraphy of the Los Molles Formation corresponds to deepwater succession deposited with a regional marine transgression during the early postrift stage of the Neuquén Basin. The present study conducted in the location of Chacay Melehue (Argentina) is used to document the interactions between coarse-grained sediment gravity flows and the depositional relief of a seismic-scale mass transport complex (MTC), with metre-scale mounds and decametric protruding clasts, as an analogue for similar configurations in subsurface systems. The 60 m thick succession is exposed along a 6.5 km long oblique downdip longitudinal profile. Exposure quality permits walking out of individual beds. A total of 16 stratigraphic sections (1560 m thick) spaced between 500 m and 100 m, were logged at 1:50 and 1:25 scale. The basal datum of the studied interval is the top of a MTC and the top marker bed is an extensive sandstone bed. Two units studied correspond to very coarse to fine-grained medium-bedded sandstones with abundant pebble-sized clasts (Unit1) and three thick plurimetric distinct beds of poorly-sorted, granular to medium-grained mud-rich sandstone matrix supporting polygenic gravels (Unit2). Distinct thick extensive beds in both units are intercalated with heterolithic successions of thin to medium-bedded very coarse- to coarse-grained or fine-grained sandstones, siltstones and mudstones. The sandstone beds in Unit 1 abruptly pinchout in the proximal part of study area. They are associated with evidence of erosion, sediment bypass and transformation of subaqueous sand-bearing flows. Stratigraphically, sandstone packages in the Unit 2 are increasingly more laterally extensive upwards in the succession. Thickness variations in these beds are related to compensational stacking. The research will inform studies in the architecture of deep-water successions above an uneven seabed inherited from the top of a MTC. The detailed analysis of exhumed examples that record depositional changes in the structure of the flow can lead to the development of predictive stratigraphic models which incorporate details and complexities observed in outcrop and can be applied for the evaluation of the quality of subsurface reservoirs.Fil: Privat, Aurélia. University of Leeds; Reino UnidoFil: Hodgson, David. University of Leeds; Reino UnidoFil: Peakall, Jeffrey. University of Leeds; Reino UnidoFil: Jackson, Christopher A. L.. University of Leeds; Reino UnidoFil: Schwarz, Ernesto. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - La Plata. Centro de Investigaciones Geológicas. Universidad Nacional de La Plata. Facultad de Ciencias Naturales y Museo. Centro de Investigaciones Geológicas; Argentina2016 AAPG/SEG International Convention and ExhibitionBarcelonaEspañaAmerican Association of Petroleum GeologistsSociety of Exploration Geophysicist