Cost benefit analysis approach to global claims

Purpose – The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled-up claims, where it is said to be impractical or impossible to demonstrate the links between certain causes of action and the monetary value to be attached to each. The paper proposes a theoretical framework to improve a claimant’s prospects of success in advancing a global claim, not only in circumstances where it may be impractical or impossible to provide a breakdown but also where a cost benefit analysis concludes it is reasonable to do so. Design/methodology/approach – The paper uses traditional doctrinal legal methodology to evaluate judicial statements on the merits of global claims from a number of jurisdictions. The paper also draws on key authorities from the realms of health and safety and professional negligence. Findings – The cases demonstrate attempts by the court to recognise the problems faced by claimants at the end of a construction contract where their total costs exceed the agreed contract price. The comparative success or failure of a global claim depends on the judicial approach to a number of factors including: impossibility, impracticability, conduct of the claimant and defendant, balance between excessive particularity and basic information, the keeping of records, the costs of claim preparation and apportionment. There remains a significant risk of failure of a global claim but the risk can be reduced significantly provided the claimant conducts a defensible cost benefit analysis of the approach taken. Practical implications – A global claim can be used more often provided the rationale behind its presentation forms a logical basis. The cost of litigating complex construction contracts can be reduced significantly if global claims can become the norm rather than the exception, provided the claimant conducts a cost benefit analysis and the court concludes the analysis is reasonable and defensible. Originality/value – Traditional legal theory relies upon the proposition that the claimant must prove that to which he believes he is entitled to such an extent that the defendant’s right to know the case it has to meet is satisfied. This paper adds value to the theory by proposing a radical strategy whereby a reasonable claimant can assist the court in finding a factual and logical basis for awarding the whole of a global claim and, where appropriate, by deduction in addition to the principle of apportionment, less than the whole

Regulation of ciliated cell differentiation in cultures of rat tracheal epithelial cells.

The cellular pathway of ciliated cell differentiation and its regulation is poorly defined. To begin to understand the process of ciliated cell differentiation, we sought to identify factors regulating ciliated cell development in vitro. Rat tracheal epithelial (RTE) cells were cultured on collagen gel-coated membranes at an air-liquid interface in hormone- and growth factor-supplemented medium (complete medium [CM]). Under these conditions, RTE cells first proliferate and then differentiate into a pseudostratified mucociliary epithelium. Ciliated cell differentiation was measured using a monoclonal antibody, RTE3, which was shown to specifically react with the plasma membrane of ciliated cells. Cultures were immunostained in situ, and the percentage of the culture surface covered with ciliated cells was estimated using videomicroscopy and an image analysis program. If an air-liquid interface was not created and the cells were maintained in the submerged state, ciliated cell differentiation was suppressed 25-fold. Culture in the absence of mitogenic components present in CM, including epidermal growth factor (EGF), cholera toxin (CT), or bovine pituitary extract, resulted in 2- to 4-fold increases in the percentage of ciliated cells. When both EGF and CT were removed from the media, DNA synthesis and total cell number was reduced, while ciliated cell differentiation increased as much as 5-fold. These results demonstrate that submersion inhibits, while withdrawal of mitogenic compounds promotes, ciliated cell differentiation in vitro

New single-ended objective measure for non-intrusive speech quality evaluation

peer-reviewedThis article proposes a new output-based method for non-intrusive assessment of speech quality of voice communication systems and evaluates its performance. The method requires access to the processed (degraded) speech only, and is based on measuring perception-motivated objective auditory distances between the voiced parts of the output speech to appropriately matching references extracted from a pre-formulated codebook. The codebook is formed by optimally clustering a large number of parametric speech vectors extracted from a database of clean speech records. The auditory distances are then mapped into objective Mean Opinion listening quality scores. An efficient data-mining tool known as the self-organizing map (SOM) achieves the required clustering and mapping/reference matching processes. In order to obtain a perception-based, speaker-independent parametric representation of the speech, three domain transformation techniques have been investigated. The first technique is based on a perceptual linear prediction (PLP) model, the second utilises a bark spectrum (BS) analysis and the third utilises mel-frequency cepstrum coefficients (MFCC). Reported evaluation results show that the proposed method provides high correlation with subjective listening quality scores, yielding accuracy similar to that of the ITU-T P.563 while maintaining a relatively low computational complexity. Results also demonstrate that the method outperforms the PESQ in a number of distortion conditions, such as those of speech degraded by channel impairments.acceptedpeer-reviewe

Covert action failure and fiasco construction: William Hague’s 2011 Libyan venture

In 2011 William Hague, then British Foreign Secretary, authorized a Special Forces team to enter Libya and attempt to contact rebels opposed to Muammar Gaddafi in the unfolding civil war. However, its members were detained by the rebels, questioned and ejected from the country. This article puts the literature on public policy failures into dialogue with that on covert action as a tool of foreign policy. It asks: why did this not develop into a fully-fledged policy fiasco when journalists and politicians alike judged it to have been a major error of judgement on Hague’s part? Using narrative analysis of the contemporary reporting of this incident, we argue that the government – possessing the advantage of information asymmetry accruing from operational secrecy – was ultimately able to win the battle of narratives in a frame contestation process. The study of information asymmetry can enhance the recently revivified research into foreign policy failures

Measurements of the Branching Fractions and Helicity Amplitudes in B --> D* rho Decays

Using 9.1 fb-1 of e+ e- data collected at the Upsilon(4S) with the CLEO detector using the Cornell Electron Storage Ring, measurements are reported for both the branching fractions and the helicity amplitudes for the decays B- -> D*0 rho- and B0bar -> D*+ rho-. The fraction of longitudinal polarization in B0bar -> D*+ rho- is found to be consistent with that in B0bar -> D*+ l- nubar at q^2 = M^2_rho, indicating that the factorization approximation works well. The longitudinal polarization in the B- mode is similar. The measurements also show evidence of non-trivial final-state interaction phases for the helicity amplitudes.Comment: 11 pages postscript, also available through http://w4.lns.cornell.edu/public/CLNS, submitted to PR

Study of the B^0 Semileptonic Decay Spectrum at the Upsilon(4S) Resonance

We have made a first measurement of the lepton momentum spectrum in a sample of events enriched in neutral B's through a partial reconstruction of B0 --> D*- l+ nu. This spectrum, measured with 2.38 fb**-1 of data collected at the Upsilon(4S) resonance by the CLEO II detector, is compared directly to the inclusive lepton spectrum from all Upsilon(4S) events in the same data set. These two spectra are consistent with having the same shape above 1.5 GeV/c. From the two spectra and two other CLEO measurements, we obtain the B0 and B+ semileptonic branching fractions, b0 and b+, their ratio, and the production ratio f+-/f00 of B+ and B0 pairs at the Upsilon(4S). We report b+/b0=0.950 (+0.117-0.080) +- 0.091, b0 = (10.78 +- 0.60 +- 0.69)%, and b+ = (10.25 +- 0.57 +- 0.65)%. b+/b0 is equivalent to the ratio of charged to neutral B lifetimes, tau+/tau0.Comment: 14 page, postscript file also available at http://w4.lns.cornell.edu/public/CLN

Observation of the Ξc+\Xi_c^+ Charmed Baryon Decays to Σ+K−π+\Sigma^+ K^-\pi^+, Σ+Kˉ∗0\Sigma^+ \bar{K}^{*0}, and ΛK−π+π+\Lambda K^-\pi^+\pi^+

We have observed two new decay modes of the charmed baryon $\Xi_c^+$ into $\Sigma^+ K^-\pi^+$ and $\Sigma^+ \bar{K}^{*0}$ using data collected with the CLEO II detector. We also present the first measurement of the branching fraction for the previously observed decay mode $\Xi_c^+\to\Lambda K^-\pi^+\pi^+$. The branching fractions for these three modes relative to $\Xi_c^+\to\Xi^-\pi^+\pi^+$ are measured to be $1.18 \pm 0.26 \pm 0.17$, $0.92 \pm 0.27 \pm 0.14$, and $0.58 \pm 0.16 \pm 0.07$, respectively.Comment: 12 page uuencoded postscript file, postscript file also available through http://w4.lns.cornell.edu/public/CLN

Atmospheric Heating and Wind Acceleration: Results for Cool Evolved Stars based on Proposed Processes

A chromosphere is a universal attribute of stars of spectral type later than ~F5. Evolved (K and M) giants and supergiants (including the zeta Aurigae binaries) show extended and highly turbulent chromospheres, which develop into slow massive winds. The associated continuous mass loss has a significant impact on stellar evolution, and thence on the chemical evolution of galaxies. Yet despite the fundamental importance of those winds in astrophysics, the question of their origin(s) remains unsolved. What sources heat a chromosphere? What is the role of the chromosphere in the formation of stellar winds? This chapter provides a review of the observational requirements and theoretical approaches for modeling chromospheric heating and the acceleration of winds in single cool, evolved stars and in eclipsing binary stars, including physical models that have recently been proposed. It describes the successes that have been achieved so far by invoking acoustic and MHD waves to provide a physical description of plasma heating and wind acceleration, and discusses the challenges that still remain.Comment: 46 pages, 9 figures, 1 table; modified and unedited manuscript; accepted version to appear in: Giants of Eclipse, eds. E. Griffin and T. Ake (Berlin: Springer