4,545 research outputs found
The Future of Emotional Harm
Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law has developed a series of duty limitations to curb the claims and preclude them from reaching the jury for individualized analysis. The limited duty approach to emotional harm is maintained by the latest iteration of the Restatement (Third) of Torts.
This Article argues that many of the justifications for curtailing this tort have been discredited by scientific developments. In particular, the rapid advances in neuroscience give greater insight into the changes that occur in the brain from emotional harm. Limited duty tests should no longer be used as proxies for validity or justified by the presumed untrustworthiness of the claim. Instead, validity evidence for emotional harm claims—like evidence of physical harm—should be entrusted to juries. This approach will reassert the jury’s role as the traditional factfinder, promote corrective justice and deterrence values, and lead to greater equity for negligent infliction of emotional distress (NIED) claimants. The traditional limitations on tort recovery, including the rules of evidence and causation, are more than adequate to avoid opening the floodgates to emotional distress claims
The Future of Emotional Harm
Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law has developed a series of duty limitations to curb the claims and preclude them from reaching the jury for individualized analysis. The limited duty approach to emotional harm is maintained by the latest iteration of the Restatement (Third) of Torts.
This Article argues that many of the justifications for curtailing this tort have been discredited by scientific developments. In particular, the rapid advances in neuroscience give greater insight into the changes that occur in the brain from emotional harm. Limited duty tests should no longer be used as proxies for validity or justified by the presumed untrustworthiness of the claim. Instead, validity evidence for emotional harm claims—like evidence of physical harm—should be entrusted to juries. This approach will reassert the jury’s role as the traditional factfinder, promote corrective justice and deterrence values, and lead to greater equity for negligent infliction of emotional distress (NIED) claimants. The traditional limitations on tort recovery, including the rules of evidence and causation, are more than adequate to avoid opening the floodgates to emotional distress claims
Simulation of gaseous core nuclear rocket mixing characteristics using cold and arc heated flows
Mixing phenomena of cold and arc heated jets from coaxial flows of helium or nitrogen related to gaseous core nuclear rocket
Exploration of the solar system
A sourcebook of information on the solar system and the technology used for its exploration is presented. An outline of the potential achievements of solar system exploration is given along with a course of action which maximizes the rewards to mankind
Thermodynamically stable lithium silicides and germanides from density-functional theory calculations
Density-functional-theory (DFT) calculations have been performed on the Li-Si
and Li-Ge systems. Lithiated Si and Ge, including their metastable phases, play
an important technological r\^ole as Li-ion battery (LIB) anodes. The
calculations comprise structural optimisations on crystal structures obtained
by swapping atomic species to Li-Si and Li-Ge from the X-Y structures in the
International Crystal Structure Database, where X={Li,Na,K,Rb,Cs} and
Y={Si,Ge,Sn,Pb}. To complement this at various Li-Si and Li-Ge stoichiometries,
ab initio random structure searching (AIRSS) was also performed. Between the
ground-state stoichiometries, including the recently found LiSi
phase, the average voltages were calculated, indicating that germanium may be a
safer alternative to silicon anodes in LIB, due to its higher lithium insertion
voltage. Calculations predict high-density LiSi and LiGe
layered phases which become the ground state above 2.5 and 5 GPa
respectively and reveal silicon and germanium's propensity to form dumbbells in
the LiSi, stoichiometry range. DFT predicts the stability of
the LiGe , LiGe and LiGe
phases and several new Li-Ge compounds, with stoichiometries LiGe,
LiGe, LiGe and LiGe.Comment: 10 pages, 5 figure
Lithiation of silicon via lithium Zintl-defect complexes
An extensive search for low-energy lithium defects in crystalline silicon
using density-functional-theory methods and the ab initio random structure
searching (AIRSS) method shows that the four-lithium-atom substitutional point
defect is exceptionally stable. This defect consists of four lithium atoms with
strong ionic bonds to the four under-coordinated atoms of a silicon vacancy
defect, similar to the bonding of metal ions in Zintl phases. This complex is
stable over a range of silicon environments, indicating that it may aid
amorphization of crystalline silicon and form upon delithiation of the silicon
anode of a Li-ion rechargeable battery.Comment: 4 pages, 3 figure
Altitude performance of a low-noise-technology fan in a turbofan engine with and without a sound suppressing nacelle
Test variables were inlet Reynolds number index (0.2 to 0.5), flight Mach number (0.2 to 0.8), and flow distortion (tip radial and combined circumferential - tip radial patterns). Results are limited to fan bypass and overall engine performance. There were no discernible effects of Reynolds number on fan performance. Increasing flight Mach number shifted the fan operating line such that pressure ratio decreased and airflow increased. Inlet flow distortion lowered stall margin. For a Reynolds number index of 0.2 and flight Mach number of 0.54, the sound suppressing nacelle lowered fan efficiency three points and increased specific fuel consumption about 10 percent
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