When Money Grew on Trees: Lucy v. Zehmer and Contracting in a Boom Market

This Article revisits Lucy v. Zehmer, a 1950s Virginia Supreme Court ruling that has become a staple in most contracts courses in American law schools. The colorful facts are well known to nearly all law students: Lucy and Zehmer met one evening in December 1952 at a restaurant in Dinwiddie, Virginia, and, following several drinks and much verbal banter, Zehmer wrote a contract on a restaurant bill, in which he agreed to sell his farm to Lucy for $50,000. Zehmer later insisted that he had been intoxicated and had thought the entire matter was a joke. He testified that he had been high as a Georgia pine and merely bluffing to try to get Lucy to admit that he did not actually have$50,000. Upholding the contract, the court ruled that regardless of Zehmer’s intent, his outward behavior could reasonably be construed to suggest that he had been serious. The court thus invoked what is known as the objective theory of contract formation. Our findings suggest that the court misinterpreted the contractual setting surrounding that December evening in 1952. Our research uncovers several discoveries: (1) Lucy, acting as a middleman for southern Virginia’s burgeoning pulp-and-paper industry, sought the Ferguson farm for its rich timber reserves; (2) Lucy was one of scores of aggressive timber middlemen in the region who eagerly sought valuable timberland and prompted a chaotic landgrab, leaving a wake of shady transactions and colorful litigation; and (3) within eight years of winning injunctive relief from the Virginia Supreme Court and purchasing the Ferguson farm from Zehmer for $50,000, Lucy earned approximately$142,000 from selling the land and its natural resources. These findings call into question the court’s assertion that $50,000 was a fair price, its conclusion that Zehmer’s actions indicated contractual intent, and its confidence that the objective method captured the relevant background in which Lucy’s and Zehmer\u27s exchange took place. More generally, these findings suggest that conclusions reached by the objective method are highly dependent on both the facts that are retold and the context in which those facts occurred, and that historical analysis can meaningfully illustrate the limits of legal doctrines

Casino Gaming From a Border State Perspective: Impact on the Hospitality Industry

Stakeholders of the hospitality industry, defined as owners and managers of hotels and restaurants, from a state contiguous to states where casino gaming is legalized were questioned regarding their attitudes toward the legalization of casino gaming and their perceptions of its impact on business currently and if gaming were legalized in the state. The data were analyzed using frequency distributions, cross tabulations, and Chi Square statistics. Results included the following: Opinions about legalizing gaming in the state were evenly divided between favor and disfavor. Based on region, organizational structure and job title, observable differences in opinion were noted concerning the effects on business. These findings should be of interest to other states or provinces that border casino gaming areas

Viscoelasticity and metastability limit in supercooled liquids

A supercooled liquid is said to have a kinetic spinodal if a temperature Tsp exists below which the liquid relaxation time exceeds the crystal nucleation time. We revisit classical nucleation theory taking into account the viscoelastic response of the liquid to the formation of crystal nuclei and find that the kinetic spinodal is strongly influenced by elastic effects. We introduce a dimensionless parameter \lambda, which is essentially the ratio between the infinite frequency shear modulus and the enthalpy of fusion of the crystal. In systems where \lambda is larger than a critical value \lambda_c the metastability limit is totally suppressed, independently of the surface tension. On the other hand, if \lambda < \lambda_c a kinetic spinodal is present and the time needed to experimentally observe it scales as exp[\omega/(\lambda_c-\lambda)^2], where \omega is roughly the ratio between surface tension and enthalpy of fusion

Evaluation of satellite collar sample size requirements for mitigation of low-level military jet disturbance of the George River caribou herd

Wildlife radio-telemetry and tracking projects often determine a priori required sample sizes by statistical means or default to the maximum number that can be maintained within a limited budget. After initiation of such projects, little attention is focussed on effective sample size requirements, resulting in lack of statistical power. The Department of National Defence operates a base in Labrador, Canada for low level jet fighter training activities, and maintain a sample of satellite collars on the George River caribou (Rangifer tarandus caribou) herd of the region for spatial avoidance mitiga&not;tion purposes. We analysed existing location data, in conjunction with knowledge of life history, to develop estimates of satellite collar sample sizes required to ensure adequate mitigation of GRCH. We chose three levels of probability in each of six annual caribou seasons. Estimated number of collars required ranged from 15 to 52, 23 to 68, and 36 to 184 for 50%, 75%, and 90% probability levels, respectively, depending on season. Estimates can be used to make more informed decisions about mitigation of GRCH, and, generally, our approach provides a means to adaptively assess radio collar sam&not;ple sizes for ongoing studies

Non-equilibrium Thermodynamics: Structural Relaxation, Fictive temperature and Tool-Narayanaswamy phenomenology in Glasses

Starting from the second law of thermodynamics applied to an isolated system consisting of the system surrounded by an extremely large medium, we formulate a general non-equilibrium thermodynamic description of the system when it is out of equilibrium. We then apply it to study the structural relaxation in glasses and establish the phenomenology behind the concept of the fictive temperature and of the empirical Tool-Narayanaswamy equation on firmer theoretical foundation.Comment: 20 pages, 1 figur

Atomic scale investigation of Cr precipitation in copper

The early stage of the chromium precipitation in copper was analyzed at the atomic scale by Atom Probe Tomography (APT). Quantitative data about the precipitate size, 3D shape, density, composition and volume fraction were obtained in a Cu-1Cr-0.1Zr (wt.%) commercial alloy aged at 713K. Surprisingly, nanoscaled precipitates exhibit various shapes (spherical, plates and ellipsoid) and contain a large amount of Cu (up to 50%), in contradiction with the equilibrium Cu-Cr phase diagram. APT data also show that some impurities (Fe) may segregate along Cu/Cr interfaces. The concomitant evolution of the precipitate shape and composition as a function of the aging time is discussed. A special emphasis is given on the competition between interfacial and elastic energy and on the role of Fe segregation

Association between genetic variants in the Coenzyme Q10 metabolism and Coenzyme Q10 status in humans

<p>Abstract</p> <p>Background</p> <p>Coenzyme Q₁₀(CoQ₁₀) is essential for mitochondrial energy production and serves as an antioxidants in extra mitochondrial membranes. The genetics of primary CoQ₁₀deficiency has been described in several studies, whereas the influence of common genetic variants on CoQ₁₀status is largely unknown. Here we tested for non-synonymous single-nucleotidepolymorphisms (SNP) in genes involved in the biosynthesis (CoQ3^G272S, CoQ6^M406V, CoQ7^M103T), reduction (NQO1^P187S, NQO2^L47F) and metabolism (apoE3/4) of CoQ₁₀and their association with CoQ₁₀status. For this purpose, CoQ₁₀serum levels of 54 healthy male volunteers were determined before (T₀) and after a 14 days supplementation (T₁₄) with 150 mg/d of the reduced form of CoQ₁₀.</p> <p>Findings</p> <p>At T₀, the CoQ₁₀level of heterozygous NQO1^P187Scarriers were significantly lower than homozygous S/S carriers (0.93 ± 0.25 μM versus 1.34 ± 0.42 μM, p = 0.044). For this polymorphism a structure homology-based method (PolyPhen) revealed a possibly damaging effect on NQO1 protein activity. Furthermore, CoQ₁₀plasma levels were significantly increased in apoE4/E4 genotype after supplementation in comparison to apoE2/E3 genotype (5.93 ± 0.151 μM versus 4.38 ± 0.792 μM, p = 0.034). Likewise heterozygous CoQ3^G272Scarriers had higher CoQ₁₀plasma levels at T₁₄compared to G/G carriers but this difference did not reach significance (5.30 ± 0.96 μM versus 4.42 ± 1.67 μM, p = 0.082).</p> <p>Conclusions</p> <p>In conclusion, our pilot study provides evidence that NQO1^P187Sand apoE polymorphisms influence CoQ₁₀status in humans.</p