Corporate Criminal Liability for Homicide: A Statutory Framework

Since the nineteenth century, judges, legislators, prosecutors, and academics have grappled with how best to accommodate within the criminal law corporations whose conduct causes the death of others. The result of this debate was a gradual legal evolution towards acceptance of corporate criminal liability for homicide. But, as this Note argues, the underlying legal framework for such liability is ill fitting and largely ineffective. Given the public benefit that would accrue from a clearly defined and potent liability scheme, this Note proposes a model criminal statute that would hold corporations directly liable for homicide. The proposed statute draws upon basic precepts of corporate criminal liability, as well as legislative developments in the United Kingdom and the insights of organizational theory. Ultimately, this Note argues that a statutory scheme would allow prosecutions of corporations for homicide to proceed more accurately, effectively, and fairly

Bounds for the time to failure of hierarchical systems of fracture

For years limited Monte Carlo simulations have led to the suspicion that the time to failure of hierarchically organized load-transfer models of fracture is non-zero for sets of infinite size. This fact could have a profound significance in engineering practice and also in geophysics. Here, we develop an exact algebraic iterative method to compute the successive time intervals for individual breaking in systems of height $n$ in terms of the information calculated in the previous height $n-1$. As a byproduct of this method, rigorous lower and higher bounds for the time to failure of very large systems are easily obtained. The asymptotic behavior of the resulting lower bound leads to the evidence that the above mentioned suspicion is actually true.Comment: Final version. To appear in Phys. Rev. E, Feb 199

Burst avalanches in solvable models of fibrous materials

We review limiting models for fracture in bundles of fibers, with statistically distributed thresholds for breakdown of individual fibers. During the breakdown process, avalanches consisting of simultaneous rupture of several fibers occur, and the distribution $D(\Delta)$ of the magnitude $\Delta$ of such avalanches is the central characteristics in our analysis. For a bundle of parallel fibers two limiting models of load sharing are studied and contrasted: the global model in which the load carried by a bursting fiber is equally distributed among the surviving members, and the local model in which the nearest surviving neighbors take up the load. For the global model we investigate in particular the conditions on the threshold distribution which would lead to anomalous behavior, i.e. deviations from the asymptotics $D(\Delta) \sim \Delta^{-5/2}$, known to be the generic behavior. For the local model no universal power-law asymptotics exists, but we show for a particular threshold distribution how the avalanche distribution can nevertheless be explicitly calculated in the large-bundle limit.Comment: 28 pages, RevTeX, 3 Postscript figure

Influence of vegetation on SMOS mission retrievals

International audienceUsing the proposed Soil Moisture and Ocean Salinity (SMOS) mission as a case study, this paper investigates how the presence and nature of vegetation influence the values of geophysical variables retrieved from multi-angle microwave radiometer observations. Synthetic microwave brightness temperatures were generated using a model for the coherent propagation of electromagnetic radiation through a stratified medium applied to account simultaneously for the emission from both the soil and any vegetation canopy present. The synthetic data were calculated at the look-angles proposed for the SMOS mission for three different soil-moisture states (wet, medium wet and dry) and four different vegetation covers (nominally grass, crop, shrub and forest). A retrieval mimicking that proposed for SMOS was then used to retrieve soil moisture, vegetation water content and effective temperature for each set of synthetic observations. For the case of a bare soil with a uniform profile, the simpler Fresnel model proposed for use with SMOS gave identical estimates of brightness temperatures to the coherent model. However, to retrieve accurate geophysical parameters in the presence of vegetation, the opacity coefficient (one of two parameters used to describe the effect of vegetation on emission from the soil surface) used within the SMOS retrieval algorithm needed to be a function of look-angle, soil-moisture status, and vegetation cover. The effect of errors in the initial specification of the vegetation parameters within the coherent model was explored by imposing random errors in the values of these parameters before generating synthetic data and evaluating the errors in the geophysical parameters retrieved. Random errors of 10% result in systematic errors (up to 0.5°K, 3%, and ~0.2 kg m-2 for temperature, soil moisture, and vegetation content, respectively) and random errors (up to ~2°K, ~8%, and ~2 kg m-2 for temperature, soil moisture and vegetation content, respectively) that depend on vegetation cover and soil-moisture status. Keywords: passive microwave, soil moisture, vegetation, SMOS, retrieva

Application of a plane-stratified emission model to predict the effects of vegetation in passive microwave radiometry

This paper reports the application to vegetation canopies of a coherent model for the propagation of electromagnetic radiation through a stratified medium. The resulting multi-layer vegetation model is plausibly realistic in that it recognises the dielectric permittivity of the vegetation matter, the mixing of the dielectric permittivities for vegetation and air within the canopy and, in simplified terms, the overall vertical distribution of dielectric permittivity and temperature through the canopy. Any sharp changes in the dielectric profile of the canopy resulted in interference effects manifested as oscillations in the microwave brightness temperature as a function of canopy height or look angle. However, when Gaussian broadening of the top and bottom of the canopy (reflecting the natural variability between plants) was included within the model, these oscillations were eliminated. The model parameters required to specify the dielectric profile within the canopy, particularly the parameters that quantify the dielectric mixing between vegetation and air in the canopy, are not usually available in typical field experiments. Thus, the feasibility of specifying these parameters using an advanced single-criterion, multiple-parameter optimisation technique was investigated by automatically minimizing the difference between the modelled and measured brightness temperatures. The results imply that the mixing parameters can be so determined but only if other parameters that specify vegetation dry matter and water content are measured independently. The new model was then applied to investigate the sensitivity of microwave emission to specific vegetation parameters.</p> <p style='line-height: 20px;'><b>Keywords: </b>passive microwave, soil moisture, vegetation, SMOS, retrieva

Scaling in the time-dependent failure of a fiber bundle with local load sharing

We study the scaling behaviors of a time-dependent fiber-bundle model with local load sharing. Upon approaching the complete failure of the bundle, the breaking rate of fibers diverges according to $r(t)\propto (T_f-t)^{-\xi}$, where $T_f$ is the lifetime of the bundle, and $\xi \approx 1.0$ is a quite universal scaling exponent. The average lifetime of the bundle $$ scales with the system size as $N^{-\delta}$, where $\delta$ depends on the distribution of individual fiber as well as the breakdown rule.Comment: 5 pages, 4 eps figures; to appear in Phys. Rev.

Depreciation shortfall and real financial performance in the steel industry, 1965-1974

The purpose of this study was to revise the industry's reported depreciation allowances to a current replacement cost basis; to measure the industry's real profits and profitability; to assess the relationships between depreciation shortfall and real financial performance; and to evaluate the implications of depreciation shortfall for the steel industry

Research Note:<br>Derivation of temperature lapse rates in semi-arid south-eastern Arizona

International audienceEcological and hydrological modelling at the regional scale requires distributed information on weather variables, and temperature is important among these. In an area of basin and range topography with a wide range of elevations, such as south-eastern Arizona, measurements are usually available only at a relatively small number of locations and elevations, and temperatures elsewhere must be estimated from atmospheric lapse rate. This paper derives the lapse rates to estimate maximum, minimum and mean daily temperatures from elevation. Lapse rates were calculated using air temperatures at 2 m collected during 2002 at 18 locations across south-eastern Arizona, with elevations from 779 to 2512 m. The lapse rate predicted for the minimum temperature was lower than the mean environmental lapse rate (MELR), i.e. 6 K km?1, whereas those predicted for the mean and maximum daily temperature were very similar to the MELR. Lapse rates were also derived from radiosonde data at 00 and 12 UTC (5 pm and 5 am local time, respectively). The lapse rates calculated from radiosonde data were greater than those from the 2 m measurements, presumably because the effect of the surface was less. Given temperatures measured at Tucson airport, temperatures at the other sites were predicted using the different estimates of lapse rates. The best predictions of temperatures used the locally predicted lapse rates. In the case of maximum and mean temperature, using the MELR also resulted in accurate predictions. Keywords: near surface lapse rates, semi-arid climate, mean minimum and maximum temperatures, basin and range topograph

The Wicked Machinery of Government: Malta and the Problems of Continuity under the New Model Administration

This is a study focused on the early years of British rule in Malta (1800-1813). It explores the application to the island of the “new model” of colonial government, one based on direct rule from London mediated by the continuation of existing laws and institutions. Systemic deficiencies are identified. These tended to undermine the effectiveness of direct British rule. This study also reveals, in the context of legal and constitutional continuity, unresolved tensions between modernity and tradition. The political stability of the island was damaged and the possibility of continued British possession was threatened