The road to Prest v Petrodel: an analysis of the UK judicial approach to The Corporate Veil - part 1

This article examines the common law approach to the doctrine of separate legal personality in UK Corporate Law, its origin, development and the challenges encountered by judges in the interpretation and application of this doctrine. The article also analyses the grounds/circumstances upon which this doctrine may be disregarded by the judges to ‘lift/pierce’ the corporate veil. The article then analyses the judicial interpretative approaches to dichotomies and metaphors, such as ‘concealment/evasion’ and ‘shame/façade’ et cetera. The conclusion explores whether the UKSC decision in Prest v Petrodel Resources Ltd has, indeed, provided much needed clarity in the common law approach to the corporate veil

The road to Prest v Petrodel: an analysis of the UK judicial approach to the corporate veil - part 2: post Prest

This article examines the judicial approach to the corporate veil post-Prest v Petrodel Resources Ltd. Analysis is undertaken of the judgment in Prest and of how judges have adapted and applied this judgment in subsequent cases. The article offers an evaluation on whether the judgment in Prest, has indeed, provided much needed clarity on the judicial approach to the concealment/evasion principles as grounds for veil-piercing/lifting. The article concludes by advocating for a return to the use of the doctrine of judicial discretion as a tool for addressing legal matters relating to the corporate veil of incorporation

Postcard: Well! Here\u27s Looking at You from the A.H.T A. 27th Annual Session

This color printed postcard features an illustration of a caricature of a man holding binoculars to his eyes. Red and black printed text is on the right side of the card. Handwriting is on the back of the card.https://scholars.fhsu.edu/tj_postcards/2234/thumbnail.jp

Ka-band Ga-As FET noise receiver/device development

The development of technology for a 30 GHz low noise receiver utilizing GaAs FET devices exclusively is discussed. This program required single and dual-gate FET devices, low noise FET amplifiers, dual-gate FET mixers, and FET oscillators operating at Ka-band frequencies. A 0.25 micrometer gate FET device, developed with a minimum noise figure of 3.3 dB at 29 GHz and an associated gain of 7.4 dB, was used to fabricate a 3-stage amplifier with a minimum noise figure and associated gain of 4.4 dB and 17 dB, respectively. The 1-dB gain bandwidth of this amplifier extended from below 26.5 GHz to 30.5 GHz. A dual-gate mixer with a 2 dB conversion loss and a minimum noise figure of 10 dB at 29 GHz as well as a dielectric resonator stabilized FET oscillator at 25 GHz for the receiver L0. From these components, a hybrid microwave integrated circuit receiver was constructed which demonstrates a minimum single-side band noise figure of 4.6 dB at 29 GHz with a conversion gain of 17 dB. The output power at the 1-dB gain compression point was -5 dBm

The structure, energy, and electronic states of vacancies in Ge nanocrystals

The atomic structure, energy of formation, and electronic states of vacancies in H-passivated Ge nanocrystals are studied by density functional theory (DFT) methods. The competition between quantum self-purification and the free surface relaxations is investigated. The free surfaces of crystals smaller than 2 nm distort the Jahn-Teller relaxation and enhance the reconstruction bonds. This increases the energy splitting of the quantum states and reduces the energy of formation to as low as 1 eV per defect in the smallest nanocrystals. In crystals larger than 2 nm the observed symmetry of the Jahn-Teller distortion matches the symmetry expected for bulk Ge crystals. Near the nanocrystal's surface the vacancy is found to have an energy of formation no larger than 0.5 to 1.4 eV per defect, but a vacancy more than 0.7 nm inside the surface has an energy of formation that is the same as in bulk Ge. No evidence of the self-purification effect is observed; the dominant effect is the free surface relaxations, which allow for the enhanced reconstruction. From the evidence in this paper, it is predicted that for moderate sized Ge nanocrystals a vacancy inside the crystal will behave bulk-like and not interact strongly with the surface, except when it is within 0.7 nm of the surface.Comment: In Press at Phys. Rev.

New valproate regulations, informed choice and seizure risk

Valproate is the most effective medication for generalised epilepsies, and several specific epilepsy syndromes. For some people, it will be the only medication to establish seizure remission, and withdrawing it carries risks of seizure recurrence and Sudden Unexpected Death in Epilepsy (SUDEP). It is also of proven efficacy for bipolar disorder and migraine prevention. Guidelines based on observational and epidemiological studies stress that maternal valproate related teratogenicity and neurodevelopmental effects are significantly higher than for other antiseizure medications (ASMs). It should, therefore, only be used if other medications are ineffective and after balancing the teratogenicity risk. Regulatory restrictions have changed prescribing practices and reduced valproate use. The number of other medications that must be trialled in the different conditions for which valproate has effectiveness and the consequences of the lack of efficacy of those drugs leading to significant harm including death remains unexplored. Risk minimisation measures (RMMs) for valproate, chiefly Pregnancy Prevention practices (PPP), consider foetal risk and not risk to people living with epilepsy. In the United Kingdom (UK), limitations relating to valproate use in all people < 55 years commenced in January 2024. While the evidence in child-bearing women is not disputed, the data in males are based on animal models, case reports, and one commissioned, unpublished, non-peer reviewed report unavailable to the UK public, stakeholder charities or professionals. Evidence suggests that 30–40% of people switching from valproate have breakthrough seizures. Thus, an estimated 21,000–28000 people in the UK will imminently be exposed to the potential hazards of breakthrough seizures, including death. There is little government investment in monitoring the effects of these changes to valproate prescribing on patient health and quality of life. This review summarises the history of valproate regulation, evidence underpinning it and argues how the latest regulations in the UK do not align with the country’s medical regulatory bodies ethical principles nor with the Montgomery principles of informed patient choice and autonomy. It dissects how such regulations infringe Common Law principles, nor give due regard for patient outcomes beyond reproduction. The paper looks to provide recommendations to redress these concerns while appreciating the core need for such governance to emerge in the first place

Validation of a Predictive Model for Survival in Patients With Advanced Cancer: Secondary Analysis of RTOG 9714.

BackgroundThe objective of this study was to validate a simple predictive model for survival of patients with advanced cancer.MethodsPrevious studies with training and validation datasets developed a model predicting survival of patients referred for palliative radiotherapy using three readily available factors: primary cancer site, site of metastases and Karnofsky performance score (KPS). This predictive model was used in the current study, where each factor was assigned a value proportional to its prognostic weight and the sum of the weighted scores for each patient was survival prediction score (SPS). Patients were also classified according to their number of risk factors (NRF). Three risk groups were established. The Radiation Therapy and Oncology Group (RTOG) 9714 data was used to provide an additional external validation set comprised of patients treated among multiple institutions with appropriate statistical tests.ResultsThe RTOG external validation set comprised of 908 patients treated at 66 different radiation facilities from 1998 to 2002. The SPS method classified all patients into the low-risk group. Based on the NRF, two distinct risk groups with significantly different survival estimates were identified. The ability to predict survival was similar to that of the training and previous validation datasets for both the SPS and NRF methods.ConclusionsThe three variable NRF model is preferred because of its relative simplicity

Si3AlP: A new promising material for solar cell absorber

First-principles calculations are performed to study the structural and optoelectronic properties of the newly synthesized nonisovalent and lattice-matched (Si2)0.6(AlP)0.4 alloy [T. Watkins et al., J. Am. Chem. Soc. 2011, 133, 16212.] We find that the ordered CC-Si3AlP with a basic unit of one P atom surrounded by three Si atoms and one Al atom is the most stable one within the experimentally observed unit cell.1 Si3AlP has a larger fundamental band gap and a smaller direct band gap than Si, thus it has much higher absorption in the visible light region. The calculated properties of Si3AlP suggest that it is a promising candidate for improving the performance of the existing Si-based solar cells. The understanding on the stability and band structure engineering obtained in this study is general and can be applied for future study of other nonisovalent and lattice-matched semiconductor alloys

Hubble flow variance and the cosmic rest frame

We characterize the radial and angular variance of the Hubble flow in the COMPOSITE sample of 4534 galaxies, on scales in which much of the flow is in the nonlinear regime. With no cosmological assumptions other than the existence of a suitably averaged linear Hubble law, we find with decisive Bayesian evidence (ln B >> 5) that the Hubble constant averaged in independent spherical radial shells is closer to its asymptotic value when referred to the rest frame of the Local Group, rather than the standard rest frame of the Cosmic Microwave Background. An exception occurs for radial shells in the range 40/h-60/h Mpc. Angular averages reveal a dipole structure in the Hubble flow, whose amplitude changes markedly over the range 32/h-62/h Mpc. Whereas the LG frame dipole is initially constant and then decreases significantly, the CMB frame dipole initially decreases but then increases. The map of angular Hubble flow variation in the LG rest frame is found to coincide with that of the residual CMB temperature dipole, with correlation coefficient -0.92. These results are difficult to reconcile with the standard kinematic interpretation of the motion of the Local Group in response to the clustering dipole, but are consistent with a foreground non-kinematic anisotropy in the distance-redshift relation of 0.5% on scales up to 65/h Mpc. Effectively, the differential expansion of space produced by nearby nonlinear structures of local voids and denser walls and filaments cannot be reduced to a local boost. This hypothesis suggests a reinterpretation of bulk flows, which may potentially impact on calibration of supernovae distances, anomalies associated with large angles in the CMB anisotropy spectrum, and the dark flow inferred from the kinematic Sunyaev-Zel'dovich effect. It is consistent with recent studies that find evidence for a non-kinematic dipole in the distribution of distant radio sources.Comment: 37 pages, 9 tables, 13 figures; v2 adds extensive new analysis (including additional subsections, tables, figures); v3 adds a Monte Carlo analysis (with additional table, figure) which further tightens the statistical robustness of the dipole results; v4 adds further clarifications, small corrections, references and discussion of Planck satellite results; v5 typos fixed, matches published versio

DEVELOPMENT OF A CRITERION METHOD TO DETERMINE PEAK MECHANICAL POWER OUTPUT IN A COUNTERMOVEMENT JUMP

The ability of players to repeatedly generate high levels of muscular power is a key determinant for success in many sports. Variations of the countermovement vertical jump (CMJ) have long been used as a means of measuring lower body power (LBP) (Fox and Mathews 1972). The criterion method of measuring of LBP is based on performance in a CMJ off a force platform (FP) (Hatze, 1999). Instantaneous power is determined from the product of the vertical ground reaction force (VGRF) and the velocity of the whole body centre of gravity, velocity being derived by the integration of the resultant VGRF. However, there seems to be no published standard protocol for the criterion method. The purpose of this study was to establish a standard protocol for the criterion method