3,470 research outputs found

    Products Liability: An Argument for Product Line Liability in Texas

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    In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception to the traditional corporate law rule of successor non-liability—the so-called “product line” exception. This exception encompasses a fact situation in which the successor corporation has purchased more than the physical assets of the seller. Rather, the successor has purchased the entire business and continues to manufacture the original product and place it into the stream of commerce. Texas courts have chosen not to adopt the product line exception, leaving consumers injured by defective products without the right to seek a remedy in a court of law. This result seems to defy some of the most fundamental principles underlying the law of products liability. It is time for Texas to recognize the changing marketplace and take note of the impact that this change has brought upon the individual consumer. The product line theory of liability would serve this function as a logical extension of present product liability law. Furthermore, to deny the adequate redress of an injury solely on the bases of a “corporate technicality” is the very antithesis of the function of modern day courts. For all of these reasons, the best solution is the adoption of the product line exception in Texas

    Characterizing the Distribution of an Endangered Salmonid Using Environmental DNA Analysis

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    Determining species distributions accurately is crucial to developing conservation and management strategies for imperiled species, but a challenging task for small populations. We evaluated the efficacy of environmental DNA (eDNA) analysis for improving detection and thus potentially refining the known distribution of Chinook salmon (Oncorhynchus tshawytscha) in the Methow and Okanogan Subbasins of the Upper Columbia River, which span the border between Washington, USA and British Columbia, Canada. We developed an assay to target a 90 base pair sequence of Chinook DNA and used quantitative polymerase chain reaction (qPCR) to quantify the amount of Chinook eDNA in triplicate 1-L water samples collected at 48 stream locations in June and again in August 2012. The overall probability of detecting Chinook with our eDNA method in areas within the known distribution was 0.77 (±0.05 SE). Detection probability was lower in June (0.62, ±0.08 SE) during high flows and at the beginning of spring Chinook migration than during base flows in August (0.93, ±0.04 SE). In the Methow subbasin, mean eDNA concentration was higher in August compared to June, especially in smaller tributaries, probably resulting from the arrival of spring Chinook adults, reduced discharge, or both. Chinook eDNA concentrations did not appear to change in the Okanogan subbasin from June to August. Contrary to our expectations about downstream eDNA accumulation, Chinook eDNA did not decrease in concentration in upstream reaches (0–120 km). Further examination of factors influencing spatial distribution of eDNA in lotic systems may allow for greater inference of local population densities along stream networks or watersheds. These results demonstrate the potential effectiveness of eDNA detection methods for determining landscape-level distribution of anadromous salmonids in large river systems

    Kinetic Analysis of Discrete Path Sampling Stationary Point Databases

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    Analysing stationary point databases to extract phenomenological rate constants can become time-consuming for systems with large potential energy barriers. In the present contribution we analyse several different approaches to this problem. First, we show how the original rate constant prescription within the discrete path sampling approach can be rewritten in terms of committor probabilities. Two alternative formulations are then derived in which the steady-state assumption for intervening minima is removed, providing both a more accurate kinetic analysis, and a measure of whether a two-state description is appropriate. The first approach involves running additional short kinetic Monte Carlo (KMC) trajectories, which are used to calculate waiting times. Here we introduce `leapfrog' moves to second-neighbour minima, which prevent the KMC trajectory oscillating between structures separated by low barriers. In the second approach we successively remove minima from the intervening set, renormalising the branching probabilities and waiting times to preserve the mean first-passage times of interest. Regrouping the local minima appropriately is also shown to speed up the kinetic analysis dramatically at low temperatures. Applications are described where rates are extracted for databases containing tens of thousands of stationary points, with effective barriers that are several hundred times kT.Comment: 28 pages, 1 figure, 4 table

    Suppression of 2\pi\ phase-slip due to hidden zero modes in one dimensional topological superconductors

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    We study phase slips in one-dimensional topological superconducting wires. These wires have been proposed as building blocks for topologically protected qubits in which the quantum information is distributed over the length of the device and thus is immune to local sources of decoherence. However, phase-slips are non-local events that can result in decoherence. Phase slips in topological superconductors are peculiar for the reason that they occur in multiples of 4\pi\ (instead of 2\pi\ in conventional superconductors). We re-establish this fact via a beautiful analogy to the particle physics concept of dynamic symmetry breaking by explicitly finding a "hidden" zero mode in the fermion spectrum computed in the background of a 2\pi\ phase-slip. Armed with the understanding of phase-slips in topological superconductors, we propose a simple experimental setup with which the predictions can be tested by monitoring tunneling rate of a superconducting flux quantum through a topological superconducting wire.Comment: 18 pages,14 figures, Updated referenc

    Relative Permeability Experiments of Carbon Dioxide Displacing Brine and Their Implications for Carbon Sequestration

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    To mitigate anthropogenically induced climate change and ocean acidification, net carbon dioxide emissions to the atmosphere must be reduced. One proposed option is underground CO2 disposal. Large-scale injection of CO2 into the Earth’s crust requires an understanding of the multiphase flow properties of high-pressure CO2 displacing brine. We present laboratory-scale core flooding experiments designed to measure CO2 endpoint relative permeability for CO2 displacing brine at in situ pressures, salinities, and temperatures. Endpoint drainage CO2 relative permeabilities for liquid and supercritical CO2 were found to be clustered around 0.4 for both the synthetic and natural media studied. These values indicate that relative to CO2, water may not be strongly wetting the solid surface. Based on these results, CO2 injectivity will be reduced and pressure-limited reservoirs will have reduced disposal capacity, though area-limited reservoirs may have increased capacity. Future reservoir-scale modeling efforts should incorporate sensitivity to relative permeability. Assuming applicability of the experimental results to other lithologies and that the majority of reservoirs are pressure limited, geologic carbon sequestration would require approximately twice the number of wells for the same injectivity
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