A Pragmatic Approach to Complex Litigation

There are many definitions of what is casually called in commercial law the big case. Those definitions tend to describe the more memorable features of such a case rather than its inherent nature. Thus a case is said to be a big case when it involves many issues, many defendants, hundreds of exhibits, thousands of pages of testimony, months of hearings, and millions of dollars. It has also been said by judicial commentators that one may recognize the big case because it creates an acute crisis in the current administration of justice. This crisis is the result of three principal vices associated with complex litigation: (1) unnecessary consumption of time and energy, (2) delay in disposition of disputes, and (3) enormous and wasteful expenditures of money. For the practitioner, there is perhaps a rather more simple test for recognition of the big case. If a judge to whom that case has been assigned begins to show unmistakable signs of hostility towards counsel, although he had previously been uniformly courteous and pleasant, it may be because a truly complex case has been brought into his life. He will have noticed that the conditions surrounding this case have created confusion, magnified uncertainties, multiplied the possibilities or error, and otherwise tended to make less certain the court\u27s own rulings. This situation is obviously aggravated by the presence of a jury but the foregoing symptoms will also exist in instances where such cases are tried to the court

Inter-Observer Risk-Tolerance Agreement Between Husbands And Wives

The purpose of this research was to test the extent to which variability in husbands’ and wives’ self-assessed financial risk can be attributed to variation in risk tolerance or observer bias resulting from measurement error. Using a sample of 188 well-educated married couples, scores from the Survey of Consumer Finances single risk-assessment item were used to evaluate the following null hypothesis: Husbands and wives do not agree on their level of financial risk tolerance. The hypothesis was tested using a percentage agreement test, a Kappa coefficient test, and a chi-square analysis. Findings led to a rejection of the null hypothesis. That is, couples exhibited general agreement in their assessment of financial risk tolerance, although the level of agreement was rather modest

Effects of Atmospheric Nitrogen Deposition on the Herbaceous Layer of a Central Appalachian Hardwood Forest

Additions of nitrogen (N) have been shown to alter species diversity of plant communities, with most experimental studies having been carried out in communities dominated by herbaceous species. We examined seasonal and inter-annual patterns of change in the herbaceous layer of two watersheds of a central Appalachian hardwood forest that differed in experimental treatment. This study was carried out at the Fernow Experimental Forest, West Virginia, using two adjacent watersheds: WS4 (mature, second-growth hardwood stand, untreated reference), and WS3. Seven circular 0.04-ha sample plots were established in eachwatershed to represent its full range of elevation and slope aspect. The herbaceous layer was sampled by identifying and visually estimating cover (%) of all vascular plants. Sampling was carried out in mid-July of 1991 and repeated at approximately the same time in 1992. In 1994, these same plots were sampled each month fromMay to October. Seasonal patterns of herb layer dynamics were assessed for the complete 1994 data set, whereasinter-annual variability was based on plot data from 1991, 1992, and the July sample of 1994. There were nosignificant differences between watersheds for any sample year for any of the other herb layer characteristics measured, including herb layer cover, species richness, evenness, and diversity. Cover on WS4 decreased significantly from 1991 to 1992, followed by no change to 1994. By contrast, herb layer cover did not varysignificantly across years on WS3. Cover of the herbaceous layer of both watersheds increased from early in the growing season to the middle of the growing season, decreasing thereafter, with no significant differencesbetween WS3 and WS4 for any of the monthly cover means in 1994. Similar seasonal patterns found for herblayer cover—and lack of significant differences between watersheds—were also evident for species diversityand richness. By contrast, there was little seasonal change in herb layer species evenness, which was nearlyidentical between watersheds for all months except October. Seasonal patterns for individual species/speciesgroups were closely similar between watersheds, especially for Viola rotundifolia and Viola spp. Species richnessand species diversity were linearly related to herb layer cover for both WS3 and WS4, suggesting that spatialand temporal increases in cover were more related to recruitment of herb layer species than to growth of existingspecies. Results of this study indicate that there have been negligible responses of the herb layer to 6 yr of additions to WS3

Precision determination of absolute neutron flux

A technique for establishing the total neutron rate of a highly-collimated monochromatic cold neutron beam was demonstrated using a method of an alpha-gamma counter. The method involves only the counting of measured rates and is independent of neutron cross sections, decay chain branching ratios, and neutron beam energy. For the measurement, a target of 10B-enriched boron carbide totally absorbed the neutrons in a monochromatic beam, and the rate of absorbed neutrons was determined by counting 478keV gamma rays from neutron capture on 10B with calibrated high-purity germanium detectors. A second measurement based on Bragg diffraction from a perfect silicon crystal was performed to determine the mean de Broglie wavelength of the beam to a precision of 0.024 %. With these measurements, the detection efficiency of a neutron monitor based on neutron absorption on 6Li was determined to an overall uncertainty of 0.058 %. We discuss the principle of the alpha-gamma method and present details of how the measurement was performed including the systematic effects. We also describe how this method may be used for applications in neutron dosimetry and metrology, fundamental neutron physics, and neutron cross section measurements.Comment: 44 page

Changes in soil carbon sequestration in <i>Pinus massoniana</i> forests along an urban-to-rural gradient of southern China

Urbanization is accelerating globally, causing a variety of environmental changes such as increases in air temperature, precipitation, atmospheric CO₂, and nitrogen (N) deposition. However, the effects of these changes on forest soil carbon (C) sequestration remain largely unclear. Here, we used urban-to-rural environmental gradients in Guangdong Province, southern China, to address the potential effects of these environmental changes on soil C sequestration in <i>Pinus massoniana</i> forests. In contrast to our expectations and earlier observations, soil C content in urban sites was significantly lower than that in suburban and rural sites. Lower soil C pools in urban sites were correlated with a significant decrease in fine root biomass and a potential increase in soil organic C decomposition. Variation of soil C pools was also a function of change in soil C fractions. Heavy fraction C content in urban sites was significantly lower than that in suburban and rural sites. By contrast, light fraction C content did not vary significantly along the urban-to-rural gradient. Our results suggest that urbanization-induced environmental changes may have a negative effect on forest soil C in the studied region

Effect of nitrogen fertilization on net nitrogen mineralization in grassland soil of Northern China: implications for grassland management

Nitrogen (N) applications can have a significant effect on soil N availability. The effect of 3 years of N fertilization on soil net N mineralization during the growing season (May–September) was studied in 2005 and 2006 in grassland of northern China. The experimental design was a randomized complete block with four replications of five rates of N addition as urea (0, 2, 4, 8 and 16 g N m−2 year−1). Results indicated that net N mineralization rate varied seasonally and between years, ranging from −0.04 to 0.52 μg g−1 d−1 in 2005 and from −0.09 to 0.39 μg g−1 d−1 in 2006. Mean N mineralization and nitrification rates were highest in July, in 2005 and 2006, whereas highest ammonification rates occurred in September. Rainfall was significantly correlated with net nitrification. In comparison with the untreated control, N mineralization increased sharply when N fertilization increased from 2 to 8 g N m−2 year−1. Mobile soil NO3− accumulated late in the growing season for the 16 g N m−2 year−1 treatment, suggesting the potential for NO3 and associated cation leaching. These results suggest that N fertilization of 8 g N m−2 year−1 (80 kg N ha−1) is suitable for the management of grassland ecosystems of Inner Mongolia

Refeeding the poorly conditioned horse

The Oklahoma Cooperative Extension Service periodically issues revisions to its publications. The most current edition is made available. For access to an earlier edition, if available for this title, please contact the Oklahoma State University Library Archives by email at [email protected] or by phone at 405-744-6311