A New and Old Theory for Adjudicating Standardized Contracts

The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of old ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process is undertaken with a perspicuous and pragmatic eye to formulating a new systematic, comprehensive theory of standard form contracts. Section One of this article commences with some basic assumptions or premises which underlie the subsequent analyses. These assumptions clarify and restrict the scope of this study. For example, no inquiry is made into the existence and importance of standard form contracts or whether they are different from bargained-for contracts. Neither does this article address any need for a different legal treatment of standard form terms. The question is not if there should be a different body of rules for standard form terms, but how the rules should differ. The second and third sections, on German and American law respectively, provide the requisite information from which to draw conclusions concerning the possible development of a new American theory. The fourth section culls and describes these conclusions

Glacial-interglacial modulation of the marine nitrogen cycle by high-latitude O2 supply to the global thermocline

Author Posting. © American Geophysical Union, 2004. This article is posted here by permission of American Geophysical Union for personal use, not for redistribution. The definitive version was published in Paleoceanography 19 (2004): PA4007, doi:10.1029/2003PA001000.An analysis of sedimentary nitrogen isotope records compiled from widely distributed marine environments emphasizes the global synchrony of denitrification changes and provides evidence for a strong temporal coupling of these variations to changes in nitrogen fixation as previously inferred. We explain the global coherence of these records by a simple physical control on the flux of dissolved oxygen to suboxic zones and the coupling to fixation via the supply of phosphorus to diazotrophs in suitable environments. According to our hypothesis, lower glacial-stage sea surface temperature increased oxygen solubility, while stronger winds in high-latitude regions enhanced the rate of thermocline ventilation. The resultant colder, rapidly flushed thermocline lessened the spatial extent of denitrification and, consequently, N fixation. During warm periods, sluggish circulation of warmer, less oxygen rich thermocline waters caused expansion of denitrification zones and a concomitant increase in N fixation. Local fluctuations in export productivity would have modulated this global signal.Financial support for this work was provided by the Natural Sciences and Engineering Research Council of Canada and by a WHOI postdoctoral fellowship to MK

Search for dark matter produced in association with bottom or top quarks in √s = 13 TeV pp collisions with the ATLAS detector

A search for weakly interacting massive particle dark matter produced in association with bottom or top quarks is presented. Final states containing third-generation quarks and miss- ing transverse momentum are considered. The analysis uses 36.1 fb−1 of proton–proton collision data recorded by the ATLAS experiment at √s = 13 TeV in 2015 and 2016. No significant excess of events above the estimated backgrounds is observed. The results are in- terpreted in the framework of simplified models of spin-0 dark-matter mediators. For colour- neutral spin-0 mediators produced in association with top quarks and decaying into a pair of dark-matter particles, mediator masses below 50 GeV are excluded assuming a dark-matter candidate mass of 1 GeV and unitary couplings. For scalar and pseudoscalar mediators produced in association with bottom quarks, the search sets limits on the production cross- section of 300 times the predicted rate for mediators with masses between 10 and 50 GeV and assuming a dark-matter mass of 1 GeV and unitary coupling. Constraints on colour- charged scalar simplified models are also presented. Assuming a dark-matter particle mass of 35 GeV, mediator particles with mass below 1.1 TeV are excluded for couplings yielding a dark-matter relic density consistent with measurements

Genomic epidemiology of SARS-CoV-2 in a UK university identifies dynamics of transmission

AbstractUnderstanding SARS-CoV-2 transmission in higher education settings is important to limit spread between students, and into at-risk populations. In this study, we sequenced 482 SARS-CoV-2 isolates from the University of Cambridge from 5 October to 6 December 2020. We perform a detailed phylogenetic comparison with 972 isolates from the surrounding community, complemented with epidemiological and contact tracing data, to determine transmission dynamics. We observe limited viral introductions into the university; the majority of student cases were linked to a single genetic cluster, likely following social gatherings at a venue outside the university. We identify considerable onward transmission associated with student accommodation and courses; this was effectively contained using local infection control measures and following a national lockdown. Transmission clusters were largely segregated within the university or the community. Our study highlights key determinants of SARS-CoV-2 transmission and effective interventions in a higher education setting that will inform public health policy during pandemics.</jats:p