Guilt by Association: How “Standby Co-Counsel” Exposes Attorneys to Malicious Prosecution Liability.

Attorneys should not assume that lending their name to a case is a risk-free practice. The California appellate decision, Cole v. Patricia A. Meyer & Associates, answered the question of whether non-participating, standby co-counsel could be held liable for malicious prosecution by merely being listed as counsel of record. Cole established the clear message behind being aware of “co-counsel” risks. According to the court, co-counsel cannot escape liability if they failed to know enough about the case. By rejecting the “passive counsel” defense, Cole held that associated attorneys still have a duty to research the validity of a case even if their only role is to be available in the event the case goes to trial. Cole illustrated that simply being a co-counsel could lead to monstrous liability. Nonetheless, rather than viewing the Cole decision as punishing co-counsels, attorneys should use Cole as guidance regarding an attorney’s duties. To avoid liability for merely being standby counsel, an attorney should evaluate the allegations to ensure probable cause exists before associating with any case as counsel of record. Attorneys may passively shirk tasks and take a hands-off approach, but they cannot evade mandatory duties and avoid liability. Thus, an attorney must not rely solely on another attorney’s experience, expertise, friendship, or professional reputation; counsel of the record must remain sufficiently informed to judge other attorneys’ quality of work. Requiring attorneys to research the merit of a case before associating as co-counsel not only benefits the client and court, but it also allows attorneys to reap the benefit of reputation preservation

Fast-Neutron Activation of Long-Lived Isotopes in Enriched Ge

We measured the production of \nuc{57}{Co}, \nuc{54}{Mn}, \nuc{68}{Ge}, \nuc{65}{Zn}, and \nuc{60}{Co} in a sample of Ge enriched in isotope 76 due to high-energy neutron interactions. These isotopes, especially \nuc{68}{Ge}, are critical in understanding background in Ge detectors used for double-beta decay experiments. They are produced by cosmogenic-neutron interactions in the detectors while they reside on the Earth's surface. These production rates were measured at neutron energies of a few hundred MeV. We compared the measured production to that predicted by cross-section calculations based on CEM03.02. The cross section calculations over-predict our measurements by approximately a factor of three depending on isotope. We then use the measured cosmic-ray neutron flux, our measurements, and the CEM03.02 cross sections to predict the cosmogenic production rate of these isotopes. The uncertainty in extrapolating the cross section model to higher energies dominates the total uncertainty in the cosmogenic production rate.Comment: Revised after feedback and further work on extrapolating cross sections to higher energies in order to estimate cosmic production rates. Also a numerical error was found and fixed in the estimate of the Co-57 production rat

Gold catalysts supported on ceria doped by rare earth metals for water gas shift reaction: Influence of the preparation method

Cataloged from PDF version of article.Gold catalysts based on ceria, doped by various RE metals (La, Sm, Gd, Yb, Y) were studied. The influence of the preparation methods on structure, properties and catalytic activity in the WGS reaction was investigated. The catalysts' supports were prepared using two different methods: co-precipitation (CP) and mechanochemical activation (MA). The catalysts were tested in a wide temperature interval without and after reactivation. All samples were characterized using a combination of X-ray diffraction (XRD), high resolution transmission electron microscopy (HRTEM), Raman spectroscopy (RS) and X-ray photoelectron spectroscopy (XPS) and TPR. It was found that the catalytic activity of MA catalysts is higher than CP ones. The gold catalysts based on ceria doped by Yb and Sm exhibited the highest activity. After reactivation in air the MA samples almost kept the WGS activity same, while the CP catalysts increased it. The catalysts of a single- and double-phase structure are formed as a result of CP and MA preparation, respectively. There are no big differences in the gold particles size (2-3 nm) depending on dopants and on the preparation techniques. The RS spectra analysis indicates that most probably the oxygen vacancies are adjacent to Me(3+) dopant and the ceria structure seems to be better ordered than in the case of alumina as a dopant. There is no distinct correlation between reducibility and WGS activity. The XPS analysis disclose positively charged gold particles in addition to metallic gold within a surface region of fresh samples and only metallic gold on the samples after catalytic processing. There is no simple correlation between the concentration of Ce(3+) in the samples and their WGS activity. (C) 2009 Elsevier B.V. All rights reserved

pi-NN Coupling Constants from NN Elastic Data between 210 and 800 Mev

High partial waves for $pp$ and $np$ elastic scattering are examined critically from 210 to 800 MeV. Non-OPE contributions are compared with predictions from theory. There are some discrepancies, but sufficient agreement that values of the $\pi NN$ coupling constants $g_0^2$ for $\pi ^0$ exchange and $g^2_{c}$ for charged $\pi$ exchange can be derived. Results are $g^2_0 = 13.91 \pm 0.13 \pm 0.07$ and $g^2_c = 13.69 \pm 0.15 \pm 0.24$, where the first error is statistical and the second is an estimate of the likely systematic error, arising mostly from uncertainties in the normalisation of total cross sections and $d\sigma/d\Omega$.Comment: 21 pages of LaTeX, UI-NTH-940

Clustering of Staphylococcus aureus bovine mastitis strains from regions of Central-Eastern Poland based on their biochemical and genetic characteristics

Staphylococcus aureus strains were isolated from mastitic milk of cows with infected mammary glands. The animals were living in 12 different farms near Lublin, in Central-Eastern Poland. A biochemical identification method based on enzymatic assay was performed, followed by haemolytic and proteolytic tests. PCR-RFLP targeted on the gap gene allowed the genetic identification of strains at the species level and verified phenotypic identification results. A molecular typing method using triplex PCR was performed to recognize the genetic similarity of the analyzed strains. DNA microarray hybridization (StaphyType, Alere Technologies) was used for detection of antibiotic resistance and virulence associated markers. The results obtained indicate high genetic similarity in strains isolated from the same sites. High genetic similarities were also detected between strains isolated from cows from different farms of the same region. A slightly lower similarity was noted however, in strains from various regions indicating that the strains are herd specific and that the cow's infections caused by S. aureus were of a clonal character. In 21 representative isolates selected for DNA-microarray testing, only fosfomycin (fosB) and penicillin resistance markers (blaZ, blaI, blaR) were detected. The presence of genes coding for haemolysins (lukF, lukS, hlgA, hla, hld, hlb), proteases (aur, sspA, sspB, sspP), enterotoxins (entA, entD, entG, entI, entJ, entM, entN, entO, entR, entU, egc-cluster), adhesins (icaA, icaC, icaD, bbp, clfA, clfB, fib, fnbA, map, vwb) or immune evasion proteins (scn, chp, sak) was common and, with exceptions, matched triplex PCR-defined clusters

Feasibility studies of the time-like proton electromagnetic form factor measurements with PANDA at FAIR

The possibility of measuring the proton electromagnetic form factors in the time-like region at FAIR with the \PANDA detector is discussed. Detailed simulations on signal efficiency for the annihilation of $\bar p +p$ into a lepton pair as well as for the most important background channels have been performed. It is shown that precision measurements of the differential cross section of the reaction $\bar p +p \to e^++ e^-$ can be obtained in a wide angular and kinematical range. The individual determination of the moduli of the electric and magnetic proton form factors will be possible up to a value of momentum transfer squared of $q^2\simeq 14$ (GeV/c)$^2$. The total $\bar p +p\to e^++e^-$ cross section will be measured up to $q^2\simeq 28$ (GeV/c)$^2$. The results obtained from simulated events are compared to the existing data. Sensitivity to the two photons exchange mechanism is also investigated.Comment: 12 pages, 4 tables, 8 figures Revised, added details on simulations, 4 tables, 9 figure

Technical Design Report for the PANDA Solenoid and Dipole Spectrometer Magnets

This document is the Technical Design Report covering the two large spectrometer magnets of the PANDA detector set-up. It shows the conceptual design of the magnets and their anticipated performance. It precedes the tender and procurement of the magnets and, hence, is subject to possible modifications arising during this process.Comment: 10 pages, 14MB, accepted by FAIR STI in May 2009, editors: Inti Lehmann (chair), Andrea Bersani, Yuri Lobanov, Jost Luehning, Jerzy Smyrski, Technical Coordiantor: Lars Schmitt, Bernd Lewandowski (deputy), Spokespersons: Ulrich Wiedner, Paola Gianotti (deputy

The s Process: Nuclear Physics, Stellar Models, Observations

Nucleosynthesis in the s process takes place in the He burning layers of low mass AGB stars and during the He and C burning phases of massive stars. The s process contributes about half of the element abundances between Cu and Bi in solar system material. Depending on stellar mass and metallicity the resulting s-abundance patterns exhibit characteristic features, which provide comprehensive information for our understanding of the stellar life cycle and for the chemical evolution of galaxies. The rapidly growing body of detailed abundance observations, in particular for AGB and post-AGB stars, for objects in binary systems, and for the very faint metal-poor population represents exciting challenges and constraints for stellar model calculations. Based on updated and improved nuclear physics data for the s-process reaction network, current models are aiming at ab initio solution for the stellar physics related to convection and mixing processes. Progress in the intimately related areas of observations, nuclear and atomic physics, and stellar modeling is reviewed and the corresponding interplay is illustrated by the general abundance patterns of the elements beyond iron and by the effect of sensitive branching points along the s-process path. The strong variations of the s-process efficiency with metallicity bear also interesting consequences for Galactic chemical evolution.Comment: 53 pages, 20 figures, 3 tables; Reviews of Modern Physics, accepte

Tuning ultrafast electron thermalization pathways in a van der Waals heterostructure

Ultrafast electron thermalization - the process leading to Auger recombination, carrier multiplication via impact ionization and hot carrier luminescence - occurs when optically excited electrons in a material undergo rapid electron-electron scattering to redistribute excess energy and reach electronic thermal equilibrium. Due to extremely short time and length scales, the measurement and manipulation of electron thermalization in nanoscale devices remains challenging even with the most advanced ultrafast laser techniques. Here, we overcome this challenge by leveraging the atomic thinness of two-dimensional van der Waals (vdW) materials in order to introduce a highly tunable electron transfer pathway that directly competes with electron thermalization. We realize this scheme in a graphene-boron nitride-graphene (G-BN-G) vdW heterostructure, through which optically excited carriers are transported from one graphene layer to the other. By applying an interlayer bias voltage or varying the excitation photon energy, interlayer carrier transport can be controlled to occur faster or slower than the intralayer scattering events, thus effectively tuning the electron thermalization pathways in graphene. Our findings, which demonstrate a novel means to probe and directly modulate electron energy transport in nanoscale materials, represent an important step toward designing and implementing novel optoelectronic and energy-harvesting devices with tailored microscopic properties.Comment: Accepted to Nature Physic

Feasibility studies of time-like proton electromagnetic form factors at PANDA at FAIR

Simulation results for future measurements of electromagnetic proton form factors at \PANDA (FAIR) within the PandaRoot software framework are reported. The statistical precision with which the proton form factors can be determined is estimated. The signal channel $\bar p p \to e^+ e^-$ is studied on the basis of two different but consistent procedures. The suppression of the main background channel, $\textit{i.e.}$ $\bar p p \to \pi^+ \pi^-$, is studied. Furthermore, the background versus signal efficiency, statistical and systematical uncertainties on the extracted proton form factors are evaluated using two different procedures. The results are consistent with those of a previous simulation study using an older, simplified framework. However, a slightly better precision is achieved in the PandaRoot study in a large range of momentum transfer, assuming the nominal beam conditions and detector performance