How the Law Court Uses Duty to Limit the Scope of Negligence Liability

The element of duty is the least understood and most amorphous element of negligence. One reason that duty is not well understood is that duty analysis combines consideration of fact-specific issues of foreseeability of harm, relationship between the parties, and seriousness of injury with analysis of the public policy implications of finding a duty in the specific case, including the burden that will be placed on defendants by imposing a duty. This is a delicate balancing act for most courts. Over the last eleven years, the Maine Supreme Judicial Court, sitting as the Law Court, has employed duty analysis in negligence cases as a means for imposing its own ideas of policy on the law of negligence irrespective of prior case law or the facts of the case being decided, a practice that has almost inevitably resulted in the imposition of severe limitations on the scope of negligence liability. When a court concludes as a matter of law that a defendant has no duty to a plaintiff in a given situation, the possibility of liability is negated before the claim can reach a jury. Such a conclusion is also essentially unreviewable unless the legislature is willing to act. Limiting negligence liability by finding that no duty exists is ordinarily a proper and legitimate exercise of judicial power if the court uses the correct legal standard. What makes the recent duty decisions of the Law Court institutionally unpalatable and ultimately threatening to our system of justice is that the court has focused its duty analysis on a single factor, public policy, to the exclusion of other elements of duty, such as the nature of the relationship between the parties, the reasonable foreseeability of the event, and the potential seriousness of the injury. In a line of cases beginning with Trusiani v. Cumberland & York Distributors, Inc., the court has gradually made duty into a device used to reach a desired result based solely on the court\u27s view of public policy rather than on the facts of the individual case. One result of this trend is that fewer and fewer negligence claims are reaching the jury. Another is that public policy is being established without the input and information a legislature usually receives before enacting a statute and without the citizen control guaranteed by election of representatives. Perhaps most insidious, however, is that these decisions have imposed limitations on negligence claims which are as severe as the tort reform proposals that have been rejected by the Maine Legislature. This Article will demonstrate how the Law Court is undermining the traditional concept of duty in the law of negligence and will argue that the court ought to return to using the factors of nature of the relationship between the parties, reasonable foreseeability, and seriousness of injury in determining whether a duty exists

Multifunctional Agriculture, Quality of Life and Policy Decisions: an Empirical Case

The TOP-MARD research project (Toward a Policy Model of Multifunctional Agriculture and Rural Development), that will be here described in its Italian version, links farmers’ behaviour with their economic, social and environmental effects, showing the difference between a behaviour guided by market profitability only and one guided by the interest of a broader social group. It was financed by EU in 11 European countries, and it took place in 2006-2008. The TOP-MARD research defined a 10-modules model (POMMARD), that links use of land and production techniques to several dimensions of a context (quantitative and qualitative, from economic to social and environmental) and to the quality of life of its population. STELLA, a Systems Thinking software, has been used in order to develop the POMMARD model. The POMMARD model is partially supply-driven with demand constraints: land use and its dynamics produce a mix of marketable and non-marketable goods, that impact other sectors and the territory through an I-O or a SAM, and through the consequences of their production on the quality of life. Labour requirements and demography can produce – therefore – immigration, and contribute to job creation and dynamics. Public intervention influences local resources and human behaviour. Farmers can choose their style of production and land use, that are the “key drivers” of change: when land is converted from a land use to another or from a conventional to a non-conventional style of production, there occurs a change in the vector of inputs (means of production and workers) and in the vector of outputs, that also comprehends public goods. Provision of public goods increases the quality of life. Rural areas become therefore more attractive to younger generations, encouraging them to stay rather than migrate, and attracting new-comers. Tourism can also be influenced by the attractiveness of the area, which can contribute further income, within the limits of tourism capacity and seasonality. Starting from the actual systematic links, the model considers the main variables (population, income, …) under different policy scenarios: providing suggestions to policy makers about the possible effects of exogenous shocks, such as policy measures, on rural development and quality of life.Multifunctional Agriculture, Quality of Life, Policy Decision., Agribusiness, Agricultural and Food Policy, Community/Rural/Urban Development, Food Consumption/Nutrition/Food Safety, Labor and Human Capital,

Using LaX scintillator in a new low-background Compton telescope

The ability of Compton telescopes to perform imaging and spectroscopy in space depends directly on the speed and energy resolution of the calorimeter detectors in the telescope. The calorimeter detectors flown on space-borne or balloon-borne Compton telescopes have included NaI(Tl), CsI(Na), HPGe and liquid organic scintillator. By employing LaX scintillators for the calorimeter, one can take advantage of the unique speed and resolving power of the material to improve the instrument sensitivity and simultaneously enhance its spectroscopic performance and thus its imaging performance. We present a concept for a space-borne Compton telescope that employs LaX as a calorimeter and estimate the improvement in sensitivity over past realizations of Compton telescopes. With some preliminary laboratory measurements, we estimate that in key energy bands, typically corrupted with neutron-induced internal nuclear emissions, this design enjoys a twenty-fold improvement in background rejection

Position Resolution in LaBr3 and LaCl3 Scintillators Using Position-Sensitive Photomultiplier Tubes

Advanced scintillator materials such as LaBr3:Ce and LaCl3:Ce hold great promise for future hard X-ray and gamma-ray astrophysics missions due to their high density, high light output, good linearity, and fast decay times. Of particular importance for future space-based imaging instruments, such as coded-aperture telescopes, is the precise spatial location of individual gamma-ray interactions. We have investigated the position and energy resolution achievable within monolithic (5 cm × 5 cm × 1 cm) LaBr3:Ce and LaCl3:Ce crystals using position-sensitive light readout devices, including a position-sensitive photomultiplier tube and a multi-anode photomultiplier tube. We present the results of these tests and discuss the applicability of such advanced scintillators to future high-energy imaging astrophysics missions

Gas micro-well track imaging detectors for gamma-ray astronomy

We describe our program to develop gas micro-well detectors (MWDs) as three-dimensional charged particle trackers for use in advanced gamma-ray telescope concepts. A micro-well detector consists of an array of individual micro-patterned gas proportional counters opposite a planar drift electrode. The well anodes and cathodes may be connected in X and Y strips, respectively, to provide two-dimensional imaging. When combined with transient digitizer electronics, which record the time signature of the charge collected in the wells of each strip, full three-dimensional reconstruction of charged-particle tracks in large gas volumes is possible. Such detectors hold great promise for advanced Compton telescope (ACT) and advanced pair telescope (APT) concepts due to the very precise measurement of charged particle momenta that is possible (Compton recoil electrons and electron-positron pairs, respectively). We present preliminary lab results, including detector fabrication, prototype electronics, and initial detector testing. We also discuss applications to the ACT and APT mission concepts, based on GEANT3 and GEANT4 simulations

A hard X-ray polarimeter designed for transient astrophysical sources

— This paper discusses the latest progress in the development of GRAPE (Gamma-Ray Polarimeter Experiment), a hard X-ray Compton Polarimeter. The purpose of GRAPE is to measure the polarization of hard X-rays in the 50-300 keV energy range. We are particularly interested in X-rays that are emitted from solar flares and gamma-ray bursts (GRBs). Accurately measuring the polarization of the emitted radiation from these sources will lead, to a better understating of both the emission mechanisms and source geometries. The GRAPE design consists of an array of plastic scintillators surrounding a central high-Z crystal scintillator. We can monitor individual Compton scatters that occur in the plastics and determine whether the photon is photo absorbed by the high-Z crystal or not. A Compton scattered photon that is immediately photo absorbed by the high-Z crystal constitutes a valid event. These valid events provide us with the interaction locations of each incident photon and ultimately produces a modulation pattern for the Compton scattering of the polarized radiation. Comparing with Monte Carlo simulations of a 100% polarized beam, the level of polarization of the measured beam can then be determined. The complete array is mounted on a flat-panel multi-anode photomultiplier tube (MAPMT) that can measure the deposited energies resulting from the photon interactions. The design of the detector allows for a large field-ofview (\u3e π steradian), at the same time offering the ability to be close-packed with multiple modules in order to reduce deadspace. We plan to present in this paper the latest laboratory results obtained from GRAPE using partially polarized radiation sources

Two New Tests of the Metallicity Sensitivity of the Cepheid Period-Luminosity Relation (The Leavitt Law)

We undertake a new test of the metallicity sensitivity of the Leavitt Law for Classical Cepheids. We derive an empirical calibration of the apparent luminosities of Cepheids as measured from the optical through the mid-infrared (0.45-8.0um) as a function of spectroscopic [Fe/H] abundances of individual Cepheids in the Large Magellanic Cloud from Romaniello et al. (2008). The cumulative trend over the entire wavelength range shows a nearly monotonic behavior. The sense of the trend is consistent with differential line-blanketing in the optical, leading to stars of high metallicity being fainter in the optical. This is followed by a reversal in the trend at longer wavelengths, with the cross-over occurring near the K band at about 2.2um, consistent with a subsequent redistribution of energy resulting in a mild brightening of Cepheids (with increased metallicity) at mid-infrared wavelengths. This conclusion agrees with that of Romaniello et al. based on a differential comparison of the mean V- and K-band Leavitt Laws for the Galaxy, SMC and LMC, but is opposite in sign to most other empirical tests of the sensitivity of Cepheid distances to mean [O/H] HII region abundances. We also search for a correlation of Cepheid host-galaxy metallicity with deviations of the galaxy's Cepheid distance from that predicted from a pure Hubble flow. Based on Cepheid distances to 26 nearby galaxies in the local flow, only a very weak signal is detected giving Dmu_o = -0.17 (+/- 0.31) ([O/H] - 8.80) - 0.21 (+/-0.10). This is in agreement with previous determinations, but statistically inconclusive.Comment: Accepted to the Astrophysical Journal. 8 pages, 5 figures, 1 tabl

Prospects for GRB Polarimetry with GRAPE

This paper discusses the latest progress in the development of GRAPE (Gamma‐Ray Polarimeter Experiment), a hard X‐ray Compton Polarimeter. The purpose of GRAPE is to measure the polarization of hard X‐rays in the 50–300 keV energy range. We are particularly interested in X‐rays that are emitted from solar flares and gamma‐ray bursts (GRBs). Accurately measuring the polarization of the emitted radiation from these sources will lead to a better understating of both the emission mechanisms and source geometries. The GRAPE design consists of an array of plastic scintillators surrounding a central high‐Z crystal scintillator. We can monitor individual Compton scatters that occur in the plastics and determine whether the photon is photo absorbed by the high‐Z crystal or not. A Compton scattered photon that is immediately photo absorbed by the high‐Z crystal constitutes a valid event. These valid events provide us with the interaction locations of each incident photon and ultimately produces a modulation pattern for the Compton scattering of the polarized radiation. Comparing with Monte Carlo simulations of a 100% polarized beam, the level of polarization of the measured beam can then be determined. The complete array is mounted on a flat‐panel multi‐anode photomultiplier tube (MAPMT) that can measure the deposited energies resulting from the photon interactions. The design of the detector allows for a large field‐of‐view (\u3e π steradian), at the same time offering the ability to be close‐packed with multiple modules in order to reduce deadspace. We present in this paper the latest laboratory results obtained from GRAPE using partially polarized radiation sources along with a brief description of our future plans for the GRAPE design

Radiation Damage and Activation from Proton Irradiation of Advanced Scintillators

We present results from a proton accelerator beam test to measure radiation damage and activation in advanced scintillator materials. Samples of LaBr3:Ce and LaCl3:Ce were exposed to protons from 40-250 MeV at the Proton Irradiation Facility of the Paul Scherrer Institute in Switzerland. Twelve energy bands were used to simulate the spectrum of the South Atlantic Anomaly (SAA), with different samples exposed to the equivalent of 4 months, 1 year, and 5 years of SAA passage. No significant decrease in light output was found due to radiation damage, indicating that these new scintillator materials are radiation tolerant. High-resolution spectra of the samples were obtained before and after irradiation with a Germanium spectrometer to study activation. We present a detailed analysis of these spectra and a discussion of the suitability of these scintillator materials for detectors in future space missions