The Product Liability of Manufacturers: An Understanding and Exploration

The beginning point will be an examination of the existing theories of manufacturer\u27s liability namely, negligence, contract warranty and strict liability. For example purposes, Ohio law will be used to illustrate the interpretative development of the law and its application. Ohio is a legitimate jurisdiction for this purpose. It has been a pace-setting jurisdiction in the development of the law and has arrived at the point of accepting the concept of strict liability for defective products. Furthermore, the evolution of product liability law in Ohio typifies the pattern that has occurred or is occurring in a majority of the other states. A bench mark in this article will be the decision of the Supreme Court of Ohio in Lonzrick v. Republic Steel 7 in which the concept of strict liability for defective products emerged. The major emphasis of the article will be an analysis of the developments in the law within and without Ohio since the decision in Lonzrick. The purpose of this analysis will be to determine the current direction and effect of the law of product liability in those jurisdictions that subscribe to the concept of strict liability. Of primary concern will be the identification, if any, of the limitations on manufacturers\u27 liability. In conclusion, a summary of findings and recommendations for clarification of the law of product liability will be offered

The Product Liability of Manufacturers: An Understanding and Exploration

The evolution and application of product liability law in the past fifteen years represents one of the most dynamic developments in law. The result of these rapid and violent developments has been to substantially increase the susceptibility of producers to suits by members of the public in direct actions. It was assumed the crest of the wave of expanded product liability was reached with the formulation of the legal principles set forth in Section 402A of the Restatement (Second) of the Law of Torts. However, subsequent court actions proved this assumption to be invalid

Application of Business Analytics Approaches to Address Climate-Change-Related Challenges

Climate change is an existential threat facing humanity, civilization, and the natural world. It poses many multi-layered challenges that call for enhanced data-driven decision support methods to help inform society of ways to address the deep uncertainty and incomplete knowledge on climate change issues. This research primarily aims to apply management, decision, information, and data science theories and techniques to propose, build, and evaluate novel data-driven methodologies to improve understanding of climate-change-related challenges. Given that we pursue this work in the College of Management, each essay applies one or more of the three distinct business analytics approaches (i.e., descriptive, prescriptive, and predictive analysis) to aid in developing decision support capabilities. Given the rapid growth in data availability, we evaluate important data characteristics for each analysis, focusing on the data source, granularity, volume, structure, and quality. The final analysis consideration is the methods used on the data output to help coalesce the various model outputs into understandable visualizations, tables, and takeaways. We pursue three distinct business analytics challenges. First, we start with a natural language processing analysis to gain insights into the evolving climate change adaptation discussion in the scientific literature. We then create a stochastic network optimization model with recourse to provide coastal decision-makers with a cost-benefit analysis tool to simultaneously assess risks and costs to protect their community against rising seas. Finally, we create a decision support tool for helping organizations reduce greenhouse gas emissions through strategic sustainable energy purchasing. Although the three essays vary on their specific business analysis approaches, they all have a common theme of applying business analytics techniques to analyze, evaluate, visualize, and understand different facets of the climate change threat

Territorial and Customer Restrictions in Franchise Agreements Under the Antitrust Laws

The growth of franchising as a marketing vehicle in the past decade has been apparent to the American consumer. Several factors have contributed to this growth. This kind of distribution system can be achieved with less capital outlay and in a shorter time span than most other distribution systems require. Some products and services gain greater consumer acceptance if they stand alone in the market place than when they are co-mingled with other products. Wholesalers in certain product lines, such as food and drugs, have found it necessary to form voluntary chains based upon franchise agreements to meet the competition of the big chains. Franchising, particularly in the service field, enables a product or institution to achieve an identity upon which a reputation for quality can be built. These are a few of the reasons for the widespread use of franchising

Products Liability: Toward Balancing the Scales

The evolution and application of products liability law continues to be one of the most dynamic developments in the law. This issue of the Akron Law Review is dedicated to presenting and exploring recent significant developments

Unique thermodynamic relationships for ΔfHo and ΔfGo for crystalline inorganic salts. I, Predicting the possible existence and synthesis of Na2SO2 and Na2SeO2

The concept that equates oxidation and pressure has been successfully utilized in explaining the structural changes observed in the M2S subnets of M2SOx (x = 3, 4) compounds (M = Na, K) when compared with the structures (room- and high-pressure phases) of their parent M2S 'alloy' [Martinez-Cruz et al. (1994), J. Solid State Chem. 110, 397-398; Vegas (2000), Crystallogr. Rev. 7, 189-286; Vegas et al. (2002), Solid State Sci. 4, 1077-1081]. These structural changes suggest that if M2SO2 would exist, its cation array might well have an anti-CaF2 structure. On the other hand, in an analysis of the existing thermodynamic data for M2S, M2SO3 and M2SO4 we have identified, and report, a series of unique linear relationships between the known Delta H-f(o) and Delta(f)G(o) values of the alkali metal (M) sulfide (x = 0) and their oxyanion salts M2SOx (x = 3 and 4), and the similarly between M2S2 disulfide (x = 0) and disulfur oxyanion salts M2S2Ox (x = 3, 4, 5, 6 and 7) and the number of O atoms in their anions x. These linear relationships appear to be unique to sulfur compounds and their inherent simplicity permits us to interpolate thermochemical data (Delta H-f(o)) for as yet unprepared compounds, M2SO (x = 1) and M2SO2 (x = 2). The excellent linearity indicates the reliability of the interpolated data. Making use of the volume-based thermodynamics, VBT [Jenkins et al. (1999), Inorg. Chem. 38, 3609-3620], the values of the absolute entropies were estimated and from them, the standard Delta S-f(o) values, and then the Delta(f)G(o) values of the salts. A tentative proposal is made for the synthesis of Na2SO2 which involves bubbling SO2 through a solution of sodium in liquid ammonia. For this attractive thermodynamic route, we estimate Delta G(o) to be approximately -500 kJ mol(-1). However, examination of the stability of Na2SO2 raises doubts and Na2SeO2 emerges as a more attractive target material. Its synthesis is likely to be easier and it is stable to disproportionation into Na2S and Na2SeO4. Like Na2SO2, this compound is predicted to have an anti-CaF2 Na2Se subnet

Binding specificity of Bacillus thuringiensis Cry1Aa for purified, native Bombyx mori aminopeptidase N and cadherin-like receptors

BACKGROUND: To better understand the molecular interactions of Bt toxins with non-target insects, we have examined the real-time binding specificity and affinity of Cry1 toxins to native silkworm (Bombyx mori) midgut receptors. Previous studies on B. mori receptors utilized brush border membrane vesicles or purifed receptors in blot-type assays. RESULTS: The Bombyx mori (silkworm) aminopeptidase N (APN) and cadherin-like receptors for Bacillus thuringiensis insecticidal Cry1Aa toxin were purified and their real-time binding affinities for Cry toxins were examined by surface plasmon resonance. Cry1Ab and Cry1Ac toxins did not bind to the immobilized native receptors, correlating with their low toxicities. Cry1Aa displayed moderate affinity for B. mori APN (75 nM), and unusually tight binding to the cadherin-like receptor (2.6 nM), which results from slow dissociation rates. The binding of a hybrid toxin (Aa/Aa/Ac) was identical to Cry1Aa. CONCLUSIONS: These results indicate domain II of Cry1Aa is essential for binding to native B. mori receptors and for toxicity. Moreover, the high-affinity binding of Cry1Aa to native cadherin-like receptor emphasizes the importance of this receptor class for Bt toxin research

Absolute ion hydration enthalpies and the role of volume within hydration thermodynamics

This paper reports that various thermodynamic properties in aqueous media for certain individual ions and for compounds are linear functions of the inverse cube root of the solid respective ionic and compound solid state volumes, V m –1/3 . This is similar to the situation which has been fully exploited in solid state thermodynamics and out of which Volume–Based Thermodynamics, VBT evolved. A short resume of these various VBT applications is provided for the general reader and an improved lattice potential energy equation emerges using the state of the art data presented in this paper

Cultural Cognition of Scientific Consensus

Why do members of the public disagree - sharply and persistently - about facts on which expert scientists largely agree? We designed a study to test a distinctive explanation: the cultural cognition of scientific consensus. The cultural cognition of risk refers to the tendency of individuals to form risk perceptions that are congenial to their values. The study presents both correlational and experimental evidence confirming that cultural cognition shapes individuals\u27 beliefs about the existence of scientific consensus, and the process by which they form such beliefs, relating to climate change, the disposal of nuclear wastes, and the effect of permitting concealed possession of handguns. The implications of this dynamic for science communication and public policy-making are discussed

A Specially Constructed Metallograph for Use at Elevated Temperatures

A Metallographic microscope was developed with provision for heating a specimen to 1800 F in protective atmospheres, that is, vacuum or gas. A special objective was constructed of reflecting elements with an unusually long working distance (7/16 in.) and a high numerical aperture (0.5). Changes in specimen microstructure were observed and recorded on 35-millimeter motion-picture film. The resulting pictures were projected as motion pictures and individual frames were cut and enlargements made for close observation. Structural changes upon heating a 0.35-percent annealed carbon steel and a 5-percent tin phosphor bronze specimen were observed and recorded. Newly formed microstructure were revealed by selective vacuum etching and specimen relief resulting from recrystallization and varying grain orientation