Curing the Infirmities of the Unconscionability Doctrine

This Article considers the unconscionability doctrine and confronts criticisms that the doctrine is fatally flawed as too vague, flexible, and ill-defined. It argues that unconscionability is a vital contract doctrine that entrusts common law judges with the latitude and discretion to safeguard essential contracting fairness and justice. Unconscionability serves as the line of demarcation between hard bargains and unfair bargains. This Article explores proposals to fortify and invigorate the unconscionability doctrine in order to promote contracting fairness in an era where one-sided, adhesionary contracts abound

Book Review

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An analysis and treatment of ten selected events in seven European background history textbooks

Thesis (Ed.M.)--Boston University This item was digitized by the Internet Archive

Alien Registration- Michaud, Hazel G. (Monticello, Aroostook County)

https://digitalmaine.com/alien_docs/33977/thumbnail.jp

THE EFFECTS OF FARMLAND, FARMLAND PRESERVATION AND OTHER NEIGHBORHOOD AMENITIES ON PROXIMATE HOUSING VALUES: RESULTS OF A CONJOINT ANALYSIS OF HOUSING CHOICE

Using stated-preference data from a choice-based conjoint analysis instrument, we estimate willingness to pay for the presence of neighboring land that is dedicated to agricultural use (versus a developed land use) and for the preservation of surrounding farmland as permanent cropland. The data also elucidate how individuals balance the values associated with nearby agricultural land patterns with other key neighborhood characteristics such as neighborhood parks, housing density, commute times, school quality and neighborhood safety. The median respondent from a randomly chosen sample of Columbus, Ohio homeowners was willing to pay $843 annually to avoid immediate conversion of 10 percent of agricultural land within one mile of the house valued in the conjoint experiment while the same respondent was willing to pay$277 annually to preserve the same amount of farmland as permanent cropland. We find provision of neighborhood parks within housing developments to be a strong substitute for farmland preservation.Land Economics/Use,

Marginally unstable Holmboe modes

Marginally unstable Holmboe modes for smooth density and velocity profiles are studied. For a large family of flows and stratification that exhibit Holmboe instability, we show that the modes with phase velocity equal to the maximum or the minimum velocity of the shear are marginally unstable. This allows us to determine the critical value of the control parameter R (expressing the ratio of the velocity variation length scale to the density variation length scale) that Holmboe instability appears R=2. We then examine systems for which the parameter R is very close to this critical value. For this case we derive an analytical expression for the dispersion relation of the complex phase speed c(k) in the unstable region. The growth rate and the width of the region of unstable wave numbers has a very strong (exponential) dependence on the deviation of R from the critical value. Two specific examples are examined and the implications of the results are discussed.Comment: Submitted to Physics of Fluid

Analysis of the Head of the Contracting Activity (HCA) oversight responsibilities within the Naval Supply System Command (NAVSUP)

Joint Applied ProjectThe purpose of this paper is to evaluate the Head of the Contracting (HCA) oversight responsibilities within the Naval Supply Systems Command (NAVSUP). Statutes as implemented by the Federal Acquisition Regulation (FAR) (and lower level regulations) mandate the oversight responsibilities of the HCA. This responsibility is further delegated in NAVSUP instructions and policy and other higher-level policy. The objective of this paper is to establish a single source that identifies the regulations, instructions, policies, etc. that promulgate the HCA oversight responsibility within NAVSUP. The end result of the paper is to analyze the challenges associated with implementing the HCA oversight function, whether this oversight is being performed in the required manner, and whether it is delegated to the appropriate level.http://archive.org/details/analysisofheadof1094510005Approved for public release; distribution is unlimited

Stratified shear flow instabilities at large Richardson numbers

Numerical simulations of stratified shear flow instabilities are performed in two dimensions in the Boussinesq limit. The density variation length scale is chosen to be four times smaller than the velocity variation length scale so that Holmboe or Kelvin-Helmholtz unstable modes are present depending on the choice of the global Richardson number Ri. Three different values of Ri were examined Ri =0.2, 2, 20. The flows for the three examined values are all unstable due to different modes namely: the Kelvin-Helmholtz mode for Ri=0.2, the first Holmboe mode for Ri=2, and the second Holmboe mode for Ri=20 that has been discovered recently and it is the first time that it is examined in the non-linear stage. It is found that the amplitude of the velocity perturbation of the second Holmboe mode at the non-linear stage is smaller but comparable to first Holmboe mode. The increase of the potential energy however due to the second Holmboe modes is greater than that of the first mode. The Kelvin-Helmholtz mode is larger by two orders of magnitude in kinetic energy than the Holmboe modes and about ten times larger in potential energy than the Holmboe modes. The results in this paper suggest that although mixing is suppressed at large Richardson numbers it is not negligible, and turbulent mixing processes in strongly stratified environments can not be excluded.Comment: Submitted to Physics of Fluid