Constructing a New Action for Negligent Infliction of Economic Loss: Building on Cardozo and Coase

This Article proposes the creation of a new tort of negligent infliction of economic loss, a hybrid of negligence, negligent representation, and breach of contract. An action in this new tort would permit an injured party to recover for economic loss caused by a person with whom the party is not in contractual privity. This Article focuses on the infliction of economic loss by negligent construction, where courts have applied various doctrines and arrived at six distinct and inconsistent approaches to liability issues. This Article provides a solution applicable to litigation for negligent construction. Any action should protect an injured party\u27s reliance rather than expectation interests consistent with the economic risks and benefits associated with such an action. This Article structures in Restatement-like format a new action to protect the injured party\u27s reliance on the tortfeasor, without exposing the tortfeasor to unacceptable risks. Finally, this Article suggests how to recast the elements of the proposed tort into more general terms for application to any dispute involving the negligent infliction of economic loss

The possibilities and dangers in using malachite green in pisciculture.[Translation from: Informatsionnyi Byulleten Biologiya Vnutrennikh Vod No.3 17-21, 1969.]

For many years a dye has been used in the practise of pisciculture and pond management, which is known by the name of malachite green, and is used to combat fungus on fish, fish eggs and external animal parasites on fish. The authors describe the problem of the application of malachite green in pisciculture and undertake special, complementary research

AGATA, Technical Proposal for an Advanced Gamma Tracking Array for the European Gamma Spectroscopy Community

International audienceAn Advanced GAmma-ray Tracking Array, AGATA, is proposed for high-resolution γ-ray spectroscopy with exotic beams. AGATA will employ highly segmented Ge detectors as well as fully digital electronics and relies on newly developed pulse-shape analysis and tracking methods. The array is being designed in a way that it provides optimal properties for nuclear structure experiments in a wide range of beam velocities (from stopped to v/c ≈ 50%), almost independent of beam quality and background conditions. Selectivity and sensitivity of AGATA will be superior to any existing γ-array by several orders of magnitude. Hence, it will be for a long time a rich source for nuclear structure physics providing the means for new discoveries and opening challenging new perspectives. This document is the initial proposal sent to the European Commission to obtain the necessary funds for the project

DSAM lifetime measurements for the chiral pair in 194Tl

Most important for the identification of chiral symmetry in atomic nuclei is to establish a pair of bands that are near-degenerate in energy, but also in B(M1) and B(E2) transition probabilities. Dedicated lifetime measurements were performed for four bands of 194Tl, including the pair of four-quasiparticle chiral bands with close near-degeneracy, considered as a prime candidate for best chiral symmetry pair. The lifetime measurements confirm the excellent near-degeneracy in this pair and indicate that a third band may be involved in the chiral symmetry scenario

Stable triaxiality at the highest spins in 138 Nd and 139 Nd

The nuclei ${}^{138}\mathrm{Nd}$ and ${}^{139}\mathrm{Nd}$ have been studied at very high spins via the ${}^{48}\mathrm{Ca}{+}^{94}\mathrm{Zr}$ reaction. Several new rotational bands were observed, four in ${}^{138}\mathrm{Nd}$ and two in ${}^{139}\mathrm{Nd}.$ The ${J}^{(2)}$ moments of inertia calculated from the observed \ensuremath{\gamma}-ray energies are very small and almost constant, indicating that these bands are triaxial. Cranked Nilsson-Strutinsky calculations reproduce the general behavior of the bands, supporting this interpretation and suggesting an approximately constant \ensuremath{\gamma} value of \ensuremath{\sim}+35\ifmmode^\circ\else\textdegree\fi{} over a large spin range up to the highest observed spins. These bands and a few similar bands in other nuclei of the N\ensuremath{\approx}80 region are a unique example of almost undisturbed triaxial bands

Coexistence of 'alpha+ 208Pb' cluster structures and single-particle excitations in 212Po

Excited states in 212Po have been populated by alpha transfer using the 208Pb(18O,14C) reaction at 85MeV beam energy and studied with the EUROBALL IV gamma multidetector array. The level scheme has been extended up to ~ 3.2 MeV excitation energy from the triple gamma coincidence data. Spin and parity values of most of the observed states have been assigned from the gamma angular distributions and gamma -gamma angular correlations. Several gamma lines with E(gamma) < 1 MeV have been found to be shifted by the Doppler effect, allowing for the measurements of the associated lifetimes by the DSAM method. The values, found in the range [0.1-0.6] ps, lead to very enhanced E1 transitions. All the emitting states, which have non-natural parity values, are discussed in terms of alpha-208Pb structure. They are in the same excitation-energy range as the states issued from shell-model configurations.Comment: 21 pages, 19 figures, corrected typos, revised arguments in Sect. III

Reasoning with heuristics

Which rules should guide our reasoning? Human reasoners often use reasoning shortcuts, called heuristics, which function well in some contexts but lack the universality of reasoning rules like deductive implication or inference to the best explanation. Does it follow that human reasoning is hopelessly irrational? I argue: no. Heuristic reasoning often represents human reasoners reaching a local rational maximum, reasoning more accurately than if they try to implement more “ideal” rules of reasoning. I argue this is a genuine rational achievement. Our ideal rational advisors would advise us to reason with heuristic rules, not more complicated ideal rules. I argue we do not need a radical new account of epistemic norms to make sense of the success of heuristic reasoning