792 research outputs found

    Nordseemodell - Eine neue Grundlage für die Regulierung der Fischerei

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    Vortrag, gehalten auf der 16. Nordischen Fischereikonferenz, Mariehamn, Aaland, 28. - 31. 8.1978 von ERIK URSIN, Danmarks Fiskeri-og Havundersoegelser, Charlottenlun

    The Revitalization of Hazardous Activity Strict Liability

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    Foreword, Symposium on the American Law Institute\u27s Reporters\u27 Study on Enterprise Responsibility for Personal Injury

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    This Foreword explains the topic of this symposium, the American Law Institute\u27s Reporters\u27 Study on Enterprise Responsibility for Personal Injury, published in 1991. This Study assesses the American tort system a quarter-century after the appearance of the ALI\u27s Restatement (Second) of Torts. The authors of the Foreword discuss the two most striking developments in personal injury law in that time: the adoption of strict products liability and the enactment of no-fault automobile compensation plans. The Foreword addresses the principal focus of the Articles to follow, which are the diverse reforms suggested by the Study, including products liability, medical no-fault, and damages proposals

    An Enterprise (No-Fault) Liability Suitable for Judicial Adoption - With a Draft Judicial Opinion

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    In this Article, the authors propose that courts recognize an enterprise liability applicable to persons injured on the premises of supermarkets. In contrast to strict products liability, victim compensation under their proposal would not turn on whether the supermarket\u27s premises could be characterized as dangerously defective. Instead, the proposed doctrine would impose a strict enterprise liability for personal injuries arising out of the use of the supermarket\u27s premises by entrants on those premises. The resulting doctrine would avoid the intractable - and litigation producing - defect problem, while holding down costs - and litigation - by limiting recoverable damages

    Strict Tort Liability of Landlords: Becker v. IRM Corp. in Context

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    This Article examines the California Supreme Court\u27s decision in Becker v. IRM Corp., in which it held that landlords are subject to strict tort liability. The authors argue that this holding is in stark contrast to the traditional rules that granted landlords a broad immunity, even from negligence liability, when tenants or others were injured by defective conditions on the leased premises. The authors survey the law of landlord liability and examine the issues raised by the Becker decision. The authors suggest that the Becker decision is not an unprecedented step into uncharted territory, but rather the culmination of more than a decade of landlord strict liability decisions in California and the logical consequence of broader trends in the common law of tort, property and contract

    Negligent Infliction of Emotional Distress: Coherence Emerging from Chaos

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    California courts, long leaders in the development of tort law, recently have decided a series of cases in the area of negligent infliction of emotional distress. The California law governing recovery for negligently inflicted emotional distress, as expressed in Dillon v. Legg, Justus v. Atchison, and Molien v. Kaiser Foundation Hospitals, however, has engendered great confusion in the legal community. This Article analyzes these California Supreme Court decisions and their effect on the decisions of the lower California courts. The Article then examines the policy questions underlying these decisions and suggests that the arbitrariness and complexity of California\u27s emotional distress law stem from the supreme court\u27s attempts to address these questions by incremental adjustments to the Dillon decision. The Article concludes that, viewed from a policy perspective, Dillon, Justs, and Mo/lien emerge as constructive steps in the articulation and resolution of difficult policy questions

    Recursive Imaging with Multiply-Scattered Waves Using Partial Image Regularization: A North Sea Case Study

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    As more resources are directed toward reverse-time migration an accurate velocity model, including strong reflectors, is necessary to form a clear image of the subsurface. This is of particular importance in the vicinity of salt, where singly-scattered waves are often not ideal for imaging the salt flanks. This has led to interest in processing doubly-scattered waves (also called duplex or prismatic waves) for imaging salt flanks and thus improving the location of salt boundaries in a velocity model. We present a case study in which we use doubly-scattered waves in a two-pass one-way method to image salt flanks in a North Sea data set. By working in the one-way framework we are able to separately construct images with singly, doubly, and triply scattered waves. We illustrate a multi-step imaging process that includes multiply-scattered waves by using an imaged reflector to fix one (or more) of the scattering points, allowing for multiply-scattered energy from several reflectors, potentially with poor continuity, to be included without picking each reflector individually. With this method we are able to image the flank of a North Sea salt body.Norwegian State Oil CompanyNorwegian Research CouncilGeo-Mathematical Imaging GroupTOTAL (Firm)Massachusetts Institute of Technology. Earth Resources Laborator

    Seismic Imaging and Illumination with Internal Multiples

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    If singly scattered seismic waves illuminate the entirety of a subsurface structure of interest, standard methods can be applied to image it. It is generally the case, however, that with a combination of restricted acquisition geometry and imperfect velocity models, it is not possible to illuminate all structures with only singly scattered waves. We present an approach to use multiply scattered waves to illuminate structures not sensed by singly scattered waves. It can be viewed as a refinement of past work in which a method to predict artifacts in imaging with multiply scattered waves was developed. We propose an algorithm and carry out numerical experiments, representative of imaging of the bottom and flanks of salt, demonstrating the effectiveness of our approach.Dutch National Science Foundation (grant number NWO:VIVI865.03.007)StatoilHydroNorwegian Research Council (ROSE project)Geo-Mathematical Imaging Grou
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