Specific performance of contracts in comparative law : some preliminary observations

On dit souvent que l'exécution en nature (specific performance) est la sanction normale (primary remedy) de l'inexécution des obligations contractuelles (breach of contract,) dans le système de droit civil, alors que dans le système de common law cette sanction prend la forme de dommages-intérêts. Cet article s'interroge sur l’exactitude de cette assertion. L'auteur constate, d'abord, que même là où l'on fait du droit civil en anglais, comme au Québec et en Louisiane, l'expression specific performance n'a pas le même sens et la même portée qu'en common law. Il souligne, de plus, que l'expression primary remedy peut se définir de plusieurs façons, susceptibles d'engendrer l'équivoque. Il démontre, enfin, que l'expressionbreach of contract couvre tellement de situations de fait différentes qu'il est impossible de dire quelle sanction l'un et l'autre systèmes juridiques préfèrent vraiment. Les expressions specific performance et primary remedy ne peuvent en fait se comprendre sans prendre en considération l'évolution historique de la notion d'exécution en nature dans chaque système de droit. La seconde moitié de l'article procède à cette étude historique ; elle conclut qu'au-delà de différences de forme les deux systèmes, face à la mise en œuvre de politiques semblables, pratiquent des moyens de sanction à toute fin pratique équivalents

A reduced order model for the study of asymmetries in linear gas chromatography for homogeneous tubular columns.

In gas chromatography, a chemical sample separates into its constituent components as it travels along a long thin column. As the component chemicals exit the column they are detected and identified, allowing the chemical makeup of the sample to be determined. For correct identification of the component chemicals, the distribution of the concentration of each chemical along the length of the column must be nearly symmetric. The prediction and control of asymmetries in gas chromatography has been an active research area since the advent of the technique. In this paper, we develop from first principles a general model for isothermal linear chromatography. We use this model to develop closed-form expressions for terms related to the first, second, and third moments of the distribution of the concentration, which determines the velocity, diffusion rate, and asymmetry of the distribution. We show that for all practical experimental situations, only fronting peaks are predicted by this model, suggesting that a nonlinear chromatography model is required to predict tailing peaks. For situations where asymmetries arise, we analyze the rate at which the concentration distribution returns to a normal distribution. Numerical examples are also provided

A data mining approach using cortical thickness for diagnosis and characterization of essential tremor.

Essential tremor (ET) is one of the most prevalent movement disorders. Being that it is a common disorder, its diagnosis is considered routine. However, misdiagnoses may occur regularly. Over the past decade, several studies have identified brain morphometric changes in ET, but these changes remain poorly understood. Here, we tested the informativeness of measuring cortical thickness for the purposes of ET diagnosis, applying feature selection and machine learning methods to a study sample of 18 patients with ET and 18 age- and sex-matched healthy control subjects. We found that cortical thickness features alone distinguished the two, ET from controls, with 81% diagnostic accuracy. More specifically, roughness (i.e., the standard deviation of cortical thickness) of the right inferior parietal and right fusiform areas was shown to play a key role in ET characterization. Moreover, these features allowed us to identify subgroups of ET patients as well as healthy subjects at risk for ET. Since treatment of tremors is disease specific, accurate and early diagnosis plays an important role in tremor management. Supporting the clinical diagnosis with novel computer approaches based on the objective evaluation of neuroimage data, like the one presented here, may represent a significant step in this direction.post-print1720 K

A data mining approach for classification of orthostatic and essential tremor based on MRI‐derived brain volume and cortical thickness

[Abstract] Objective - Orthostatic tremor (OT) is an extremely rare, misdiagnosed, and underdiagnosed disorder affecting adults in midlife. There is debate as to whether it is a different condition or a variant of essential tremor (ET), or even, if both conditions coexist. Our objective was to use data mining classification methods, using magnetic resonance imaging (MRI)‐derived brain volume and cortical thickness data, to identify morphometric measures that help to discriminate OT patients from those with ET. Methods - MRI‐derived brain volume and cortical thickness were obtained from 14 OT patients and 15 age‐, sex‐, and education‐matched ET patients. Feature selection and machine learning methods were subsequently applied. Results - Four MRI features alone distinguished the two, OT from ET, with 100% diagnostic accuracy. More specifically, left thalamus proper volume (normalized by the total intracranial volume), right superior parietal volume, right superior parietal thickness, and right inferior parietal roughness (i.e., the standard deviation of cortical thickness) were shown to play a key role in OT and ET characterization. Finally, the left caudal anterior cingulate thickness and the left caudal middle frontal roughness allowed us to separate with 100% diagnostic accuracy subgroups of OT patients (primary and those with mild parkinsonian signs). Conclusions - A data mining approach applied to MRI‐derived brain volume and cortical thickness data may differentiate between these two types of tremor with an accuracy of 100%. Our results suggest that OT and ET are distinct conditions.National Institutes of Health (United States); #R01, NS39422National Institutes of Health (United States), #R01, NS094607National Institutes of Health (United States); #R01, NS085136National Institutes of Health (United States); #R01, NS073872National Institutes of Health (United States); #R01, NS085136National Institutes of Health (United States); #R01, NS088257European Commission; ICT‐2011‐287739Ministerio de Economía y Competitividad; RTC‐2015‐3967‐1Agencia Española de Investigación de la Salud; FIS PI12/01602Agencia Española de Investigación de la Salud; FIS PI16/00451Madrid Robotics Digital Innovation Hub; S2018/NMT‐433

Tremor severity in Parkinson’s disease and cortical changes of areas controlling movement sequencing: a preliminary study.

. There remains much to learn about the changes in cortical anatomy that are associated with tremor severity in Parkinson’s disease (PD). For this reason, we used a combination of structural neuroimaging to measure cortical thickness and neurophysiological studies to analyze whether PD tremor was associated with cortex integrity. Magnetic resonance imaging and neurophysiological assessment were performed in 13 nondemented PD patients (9 women, 69.2%) with a clearly tremor-dominant phenotype. Cortical reconstruction and volumetric segmentation was performed with the Freesurfer image analysis software. Assessment of tremor was performed by means of high-density surface electromyography (hdEMG) and inertial measurement units (IMUs). Individual motor unit discharge patterns were identified from surface hdEMG and tremor metrics quantifying motor unit synchronization from IMUs were defined. Increased motor unit synchronization (i.e., more severe tremor) was associated with cortical changes (i.e., atrophy) in dorsal premotor cortices, left posterior parietal cortex, left lateral orbitofrontal cortex, cingulate cortex bilaterally, left posterior and transverse temporal cortex, and left occipital lobe, as well as reduced left middle temporal volume. Given that the majority of these areas are involved in controlling movement sequencing, our results support Albert’s classic hypothesis that PD tremor may be the result of an involuntary activation of a program of motor behavior used in the genesis of rapid voluntary alternating movements.pre-print670 K

Modifications of the BTZ black hole by a dilaton/scalar

We investigate some modifications of the static BTZ black hole solution due to a chosen asymptotically constant dilaton/scalar. New classes of static black hole solutions are obtained. One of the solutions contains the Martinez-Zanelli conformal black hole solution as a special case. Using quasilocal formalism, we calculate their mass for a finite spatial region that contains the black hole. Their temperatures are also computed. Finally, using some of the curvature singularities as examples, we investigate whether a quantum particle behaves singularly or not.Comment: 18 pages, Latex, in press in Phys. Rev.

Effects of end-stage osteoarthritis on markers of skeletal muscle Long INterspersed Element-1 activity

Objective: Long INterspersed Element-1 (L1) is an autonomous transposable element in the genome. L1 transcripts that are not reverse transcribed back into the genome can accumulate in the cytoplasm and activate an inflammatory response via the cyclic GMP-AMP (cGAS)-STING pathway. We examined skeletal muscle L1 markers as well as STING protein levels in 10 older individuals (63 ± 11 y, BMI= 30.2 ± 6.8 kg/m2) with end-stage osteoarthritis (OA) undergoing total hip (THA, n= 4) or knee (TKA, n= 6) arthroplasty versus 10 young, healthy comparators (Y, 22 ± 2 y, BMI= 23.2 ± 2.5 kg/m2). For OA, muscle was collected from surgical (SX) and contralateral (CTL) sides whereas single vastus lateralis samples were collected from Y. Results: L1 mRNA was higher in CTL and SX compared to Y (p \u3c 0.001 and p= 0.001, respectively). Protein expression was higher in SX versus Y for ORF1p (p= 0.002) and STING (p= 0.022). While these data are preliminary due to limited n-sizes and the lack of a BMI-matched younger control group, higher L1 mRNA expression, ORF1p and STING protein are evident in older versus younger adults. More research is needed to determine whether cGAS-STING signaling contributes to heightened muscle inflammation during aging and/or OA

Microwave Spectroscopy of Thermally Excited Quasiparticles in YBa_2Cu_3O_{6.99}

We present here the microwave surface impedance of a high purity crystal of $YBa_2Cu_3O_{6.99}$ measured at 5 frequencies between 1 and 75 GHz. This data set reveals the main features of the conductivity spectrum of the thermally excited quasiparticles in the superconducting state. Below 20 K there is a regime of extremely long quasiparticle lifetimes, due to both the collapse of inelastic scattering below $T_c$ and the very weak impurity scattering in the high purity $BaZrO_3$-grown crystal used in this study. Above 20 K, the scattering increases dramatically, initially at least as fast as $T^4$.Comment: 13 pages with 10 figures. submitted to Phys Rev

The European guideline on management of major bleeding and coagulopathy following trauma: sixth edition

Background: Severe trauma represents a major global public health burden and the management of post-traumatic bleeding continues to challenge healthcare systems around the world. Post-traumatic bleeding and associated traumatic coagulopathy remain leading causes of potentially preventable multiorgan failure and death if not diagnosed and managed in an appropriate and timely manner. This sixth edition of the European guideline on the management of major bleeding and coagulopathy following traumatic injury aims to advise clinicians who care for the bleeding trauma patient during the initial diagnostic and therapeutic phases of patient management. Methods: The pan-European, multidisciplinary Task Force for Advanced Bleeding Care in Trauma included representatives from six European professional societies and convened to assess and update the previous version of this guideline using a structured, evidence-based consensus approach. Structured literature searches covered the period since the last edition of the guideline, but considered evidence cited previously. The format of this edition has been adjusted to reflect the trend towards concise guideline documents that cite only the highest-quality studies and most relevant literature rather than attempting to provide a comprehensive literature review to accompany each recommendation. Results: This guideline comprises 39 clinical practice recommendations that follow an approximate temporal path for management of the bleeding trauma patient, with recommendations grouped behind key decision points. While approximately one-third of patients who have experienced severe trauma arrive in hospital in a coagulopathic state, a systematic diagnostic and therapeutic approach has been shown to reduce the number of preventable deaths attributable to traumatic injury. Conclusion: A multidisciplinary approach and adherence to evidence-based guidelines are pillars of best practice in the management of severely injured trauma patients. Further improvement in outcomes will be achieved by optimising and standardising trauma care in line with the available evidence across Europe and beyond