A State of Mind: Determining Bad Faith in Trespasses to Oil and Gas: A Call to Courts to Apply a True Subjective Analysis to Determine Whether a Trespasser to an Oil and Gas Estate Trespasses in Good or Bad Faith

It has always been the law of trespass mesne profits to an oil and gas estate that a trespasser is liable for the value of the oil and gas that it has produced from the estate to which it trespasses. That value is determined after ascertaining whether the trespasser held an honest belief that he or she had the right to produce oil or gas from the estate upon which it trespassed. In those cases, the trespasser is said to have trespassed in good faith. Conversely, the trespasser acts in bad faith when it knowingly produces oil and gas without the right to do so. The rule is couched subjectively from the perspective of the trespasser and not from the view of a reasonable person in the same position as the trespasser

A State of Mind: Determining Bad Faith in Trespasses to Oil and Gas: A Call to Courts to Apply a True Subjective Analysis to Determine Whether a Trespasser to an Oil and Gas Estate Trespasses in Good or Bad Faith

It has always been the law of trespass mesne profits to an oil and gas estate that a trespasser is liable for the value of the oil and gas that it has produced from the estate to which it trespasses. That value is determined after ascertaining whether the trespasser held an honest belief that he or she had the right to produce oil or gas from the estate upon which it trespassed. In those cases, the trespasser is said to have trespassed in good faith. Conversely, the trespasser acts in bad faith when it knowingly produces oil and gas without the right to do so. The rule is couched subjectively from the perspective of the trespasser and not from the view of a reasonable person in the same position as the trespasser

Baseline correction of phase-contrast images in congenital cardiovascular magnetic resonance

<p>Abstract</p> <p>Background</p> <p>One potential source of error in phase contrast (PC) congenital CMR flow measurements is caused by phase offsets due to local non-compensated eddy currents. Phantom correction of these phase offset errors has been shown to result in more accurate measurements of blood flow in adults with structurally normal hearts. We report the effect of phantom correction on PC flow measurements at a clinical congenital CMR program.</p> <p>Results</p> <p>Flow was measured in the ascending aorta, main pulmonary artery, and right and left pulmonary arteries as clinically indicated, and additional values such as Qp/Qs were derived from these measurements. Phantom correction in our study population of 149 patients resulted in clinically significant changes in 13% to 48% of these phase-contrast measurements in patients with known or suspected heart disease. Overall, 640 measurements or calculated values were analyzed, and clinically significant changes were found in 31%. Larger vessels were associated with greater phase offset errors, with 22% of the changes in PC flow measurements attributed to the size of the vessel measured. In patients with structurally normal hearts, the pulmonary-to-systemic flow ratio after phantom correction was closer to 1.0 than before phantom correction. There was no significant difference in the effect of phantom correction for patients with tetralogy of Fallot as compared to the group as a whole.</p> <p>Conclusions</p> <p>Phantom correction often resulted in clinically significant changes in PC blood flow measurements in patients with known or suspected congenital heart disease. In laboratories performing clinical CMR with suspected phase offset errors of significance, the routine use of phantom correction for PC flow measurements should be considered.</p

Use of stormwater impoundments near airports by birds recognizedas hazardous to aviation safety

Design of privately-owned stormwater impoundments within or near airport siting criteria has received little attention with regard to potential hazards posed to aviation safety. In particular, minimizing use of these impoundments by bird species recognized as hazardous to aviation poses an important challenge. Emergent vegetation, shoreline irregularity, and proximity of other water resources are linked to avian richness and diversity within wetlands, as well as bird use of stormwater impoundments on airports. We predicted also that impoundments with bank slope \u3e20% and those functioning as detention facilities, where water is periodically drawn down, would negatively influence use by birds; and that shoreline-vegetation diversity and local land-use diversity would be positively correlated with use. Over 104 weeks(March 2008 to March 2010), we surveyed bird use of 40 stormwater impoundments in the Auburn-Opelika Metropolitan area, Lee County, AL, USA, typical of privately-owned facilities located within or near airport siting criteria. We quantified local-scale and site-specific parameters possibly affecting bird use and evaluated fit for 17 a priori models relative to detection of 10 individual avian foraging guilds recognized as hazardous to aviation safety. Relative likelihoods of best-approximating models (Akaike weights) ranged from approximately 0.42 to 0.92. Based on best-approximating models for at least five of the 10 guilds, we suggest that broad reduction in use of stormwater impoundments, located within or near airport siting criteria, by bird species hazardous to aviation can be achieved via designs which minimize perimeter, surface area, and the ratio of open water to emergent vegetation

Ventricular fibrillation resulting from ischemia at a site remote from previous myocardial infarction : A conscious canine model of sudden coronary death

In anesthetized dogs, a 30 gauge silver wire was inserted into the lumen of the left circumflex (LC) coronary artery and myocardial ischemic injury was produced by subsequent occlusion of the left anterior descending (LAD) coronary artery for 90 minutes followed by reperfusion through a critical stenosis. Four days after acute myocardial infarction, with the dog ambulatory, the intimai surface of the LC coronary artery was injured by applying a 150 [mu]A anodal current. Coronary artery thrombosis and subsequent reduction in coronary artery blood flow were accompanied by S-T segment changes at 132 +/- 65 minutes (mean +/- standard deviation [SD]) with ventricular fibrillation (VF) occurring in 29 of 30 dogs (97% ) at 141 +/- 60 minutes. Infarct mass in the LAD distribution was 15 +/- 8% of total left ventricular mass with no histochemical evidence of irreversible ischemic injury in the LC coronary artery distribution. VF was preceded by the development of delayed electrical activity within the LC coronary artery distribution, and the development of ventricular arrhythmias accompanied by continuous local electrical activity within the subepicardial region of the distribution of the LC coronary artery. In 10 dogs with placement of a critical stenosis around the LAD coronary artery without earlier occlusion and reperfusion, LC intimal injury and subsequent thrombus formation resulted in only 2 deaths (20% ) from VF. Thus, acute myocardial ischemia at a site distant to a previous myocardial infarction enhances the likelihood of primary VF in the conscious dog. This model of sudden coronary death may simulate the clinical state in man and might serve as an appropriate model for the study of electrophysiologic mechanisms associated with the development of VF and for the evaluation of potential antifibrillatory drugs.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/24156/1/0000413.pd

Imaging and Demography of the Host Galaxies of High-Redshift Type Ia Supernovae

We present the results of a study of the host galaxies of high redshift Type Ia supernovae (SNe Ia). We provide a catalog of 18 hosts of SNe Ia observed with the Hubble Space Telescope (HST) by the High-z Supernova Search Team (HZT), including images, scale-lengths, measurements of integrated (Hubble equivalent) BVRIZ photometry in bands where the galaxies are brighter than m ~ 25 mag, and galactocentric distances of the supernovae. We compare the residuals of SN Ia distance measurements from cosmological fits to measurable properties of the supernova host galaxies that might be expected to correlate with variable properties of the progenitor population, such as host galaxy color and position of the supernova. We find mostly null results; the current data are generally consistent with no correlations of the distance residuals with host galaxy properties in the redshift range 0.42 < z < 1.06. Although a subsample of SN hosts shows a formally significant (3-sigma) correlation between apparent V-R host color and distance residuals, the correlation is not consistent with the null results from other host colors probed by our largest samples. There is also evidence for the same correlations between SN Ia properties and host type at low redshift and high redshift. These similarities support the current practice of extrapolating properties of the nearby population to high redshifts pending more robust detections of any correlations between distance residuals from cosmological fits and host properties.Comment: 35 pages, 12 figures, 4 tables, accepted for publication in A

GRB 021211 as a Faint Analogue of GRB 990123: Exploring the Similarities and Differences in their Optical Afterglows

We present B, V, Rc, J, H, and Ks photometry of the optical afterglow of the gamma-ray burst GRB 021211 taken at the Magellan, MMT, and WIYN observatories between 0.7 and 50 days after the burst. We find an intrinsic spectral slope at optical and near-infrared wavelengths of 0.69 +/- 0.14 at 0.87 days. The optical decay during the first day is almost identical to that of GRB 990123 except that GRB 021211's optical afterglow was intrinsically approximately 38 times fainter, and the transition from the reverse shock to the forward shock may have occurred earlier than it did for GRB 990123. We find no evidence for a jet break or the cooling break passing through optical frequencies during the first day after the burst. There is weak evidence for a break in the J-band decay between 0.89 and 1.87 days which may be due to a jet. The optical and infrared data are consistent with a relativistic fireball where the shocked electrons are in the slow cooling regime and the electron index is 2.3 +/- 0.1. The forward shock appears to have been expanding in a homogeneous ambient medium during the first day after the burst. Our analysis suggests that the jet of GRB 021211 may have a small opening angle and that the total gamma-ray energy is likely to be much less than the canonical value of 1.33E+51 erg. If this is the case then it is possible that most of the energy of the burst is in another form such as a frozen magnetic field, supernova ejecta, or a second jet component. The host galaxy of GRB 021211 is subluminous and has a star formation rate of at least one Solar mass per year.Comment: 24 pages, 4 figures, LaTex using AASTeX v5.2, to the Nov 2004 Astronomical Journal. Some minor changes have been made to the paper in accordance with the referee's repor

23 High Redshift Supernovae from the IfA Deep Survey: Doubling the SN Sample at z>0.7

We present photometric and spectroscopic observations of 23 high redshift supernovae spanning a range of z=0.34-1.03, 9 of which are unambiguously classified as Type Ia. These supernovae were discovered during the IfA Deep Survey, which began in September 2001 and observed a total of 2.5 square degrees to a depth of approximately m=25-26 in RIZ over 9-17 visits, typically every 1-3 weeks for nearly 5 months, with additional observations continuing until April 2002. We give a brief description of the survey motivations, observational strategy, and reduction process. This sample of 23 high-redshift supernovae includes 15 at z>0.7, doubling the published number of objects at these redshifts, and indicates that the evidence for acceleration of the universe is not due to a systematic effect proportional to redshift. In combination with the recent compilation of Tonry et al. (2003), we calculate cosmological parameter density contours which are consistent with the flat universe indicated by the CMB (Spergel et al. 2003). Adopting the constraint that Omega_total = 1.0, we obtain best-fit values of (Omega_m, Omega_Lambda)=(0.33, 0.67) using 22 SNe from this survey augmented by the literature compilation. We show that using the empty-beam model for gravitational lensing does not eliminate the need for Omega_Lambda > 0. Experience from this survey indicates great potential for similar large-scale surveys while also revealing the limitations of performing surveys for z>1 SNe from the ground.Comment: 67 pages, 12 figures, 12 tables, accepted for publication in the Astrophysical Journa

Use of stormwater impoundments near airports by birds recognizedas hazardous to aviation safety

Design of privately-owned stormwater impoundments within or near airport siting criteria has received little attention with regard to potential hazards posed to aviation safety. In particular, minimizing use of these impoundments by bird species recognized as hazardous to aviation poses an important challenge. Emergent vegetation, shoreline irregularity, and proximity of other water resources are linked to avian richness and diversity within wetlands, as well as bird use of stormwater impoundments on airports. We predicted also that impoundments with bank slope \u3e20% and those functioning as detention facilities, where water is periodically drawn down, would negatively influence use by birds; and that shoreline-vegetation diversity and local land-use diversity would be positively correlated with use. Over 104 weeks(March 2008 to March 2010), we surveyed bird use of 40 stormwater impoundments in the Auburn-Opelika Metropolitan area, Lee County, AL, USA, typical of privately-owned facilities located within or near airport siting criteria. We quantified local-scale and site-specific parameters possibly affecting bird use and evaluated fit for 17 a priori models relative to detection of 10 individual avian foraging guilds recognized as hazardous to aviation safety. Relative likelihoods of best-approximating models (Akaike weights) ranged from approximately 0.42 to 0.92. Based on best-approximating models for at least five of the 10 guilds, we suggest that broad reduction in use of stormwater impoundments, located within or near airport siting criteria, by bird species hazardous to aviation can be achieved via designs which minimize perimeter, surface area, and the ratio of open water to emergent vegetation