Jim Beaver, The Founding Member Of This Law School

Tribute to Professor James E. Beaver 1930-199

Individual Negotiation of Warranty Disclaimers: An Economic Analysis of an Assumedly Market Enhancing Rule

In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg\u27s requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically frustrate consumers\u27 preferences regarding contract terms, or whether, instead, merchants are driven by market forces to satisfy those preferences at either competitive or monopolistic prices. We will conclude by suggesting that the Berg rules are ineffective, or at best unnecessary, in furthering the consumer protection goals announced by the court itself

Individual Negotiation of Warranty Disclaimers: An Economic Analysis of an Assumedly Market Enhancing Rule

In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg\u27s requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically frustrate consumers\u27 preferences regarding contract terms, or whether, instead, merchants are driven by market forces to satisfy those preferences at either competitive or monopolistic prices. We will conclude by suggesting that the Berg rules are ineffective, or at best unnecessary, in furthering the consumer protection goals announced by the court itself

Introductory Essays

Congratulations to the Law Review for its first thirty years and many thanks to each and every graduate who, during their tenure on the Law Review, made it what it is today. May your outstanding work be an inspiration for those whom follow. After all, look at what four students with typewriters and carbon paper did in 1975

Introductory Essays

Congratulations to the Law Review for its first thirty years and many thanks to each and every graduate who, during their tenure on the Law Review, made it what it is today. May your outstanding work be an inspiration for those whom follow. After all, look at what four students with typewriters and carbon paper did in 1975

A note on the lattice Boltzmann method beyond the Chapman Enskog limits

A non-perturbative analysis of the Bhatnagar-Gross-Krook (BGK) model kinetic equation for finite values of the Knudsen number is presented. This analysis indicates why discrete kinetic versions of the BGK equation, and notably the Lattice Boltzmann method, can provide semi-quantitative results also in the non-hydrodynamic, finite-Knudsen regime, up to $Kn\sim {\cal O}(1)$. This may help the interpretation of recent Lattice Boltzmann simulations of microflows, which show satisfactory agreement with continuum kinetic theory in the moderate-Knudsen regime.Comment: 7 PAGES, 1 FIGUR

Error assessment of lattice Boltzmann equation method for variable viscosity flows

In lattice Boltzmann simulations, variable viscosity can complicate the truncation error analysis and create additional interaction between the truncation error and the boundary condition error. In order to address this issue, two boundary conditions for the lattice Boltzmann equation (LBE) simulations are used, including an exact, but narrowly applicable scheme previously proposed by Noble et al. ( Phys. Fluids 1995; 7 (1):203–209) and the popular bounce-back-on-link scheme. Using a 2-D laminar channel flow with a specified variable viscosity as a test case, it is shown that the boundary treatment error does not have a significant interaction with the truncation error associated with variable viscosity. The truncation error behaviour of the LBE for flows with variable viscosity is further investigated through a comparison between the LBE solution and the Navier–Stokes solution, showing that in the presence of strong variable viscosity the truncation error behaviour of the LBE solution is consistent with that of the Navier–Stokes solution, indicating that the LBE model closely matches the Navier–Stokes model for fluid flows with large viscosity variation. Copyright © 2006 John Wiley & Sons, Ltd.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/55942/1/1364_ftp.pd