1,442 research outputs found
Cyclic Universe with an Inflationary Phase from a Cosmological Model with Real Gas Quintessence
Phase-plane stability analysis of a dynamical system describing the Universe
as a two-fraction fluid containing baryonic dust and real virial gas
quintessence is presented. Existence of a stable periodic solution experiencing
inflationary periods is shown. A van der Waals quintessence model is revisited
and cyclic Universe solution again found.Comment: 21 pages, 8 figures, to appear in Physical Review
Defense against Res Ipsa in Medical Malpractice
In a res ipsa loquitur case the injured party is deemed in no position to explain the cause, while the party charged may begin a position to show himself free from negligence. If the plaintiff has equal or superior means of information, the doctrine does not apply. The question is really one of duty on the part of the defendant. Res ipsa loquitur leads only to a possible (not mandatory) inference that the defendant has not complied with his duty to use skill and care, and is not in itself proof that he was under a specific duty. This question of duty often arises in cases of medical malpractice
The Solo Practitioner and the Poverty Program
For economic reasons the young individual general practitioner must accept and handle practically all potential new business. He must expect to get, at first, repetitive legal matters that will constitute a large part of his early practice. And he must learn quickly how to handle a very demanding clientele. He will learn very quickly that solo practice is not the most lucrative type of law practice
Nonconventional screening of the Coulomb interaction in FexOy clusters: An ab-initio study
From microscopic point-dipole model calculations of the screening of the
Coulomb interaction in non-polar systems by polarizable atoms, it is known that
screening strongly depends on dimensionality. For example, in one dimensional
systems the short range interaction is screened, while the long range
interaction is anti-screened. This anti-screening is also observed in some zero
dimensional structures, i.e. molecular systems. By means of ab-initio
calculations in conjunction with the random-phase approximation (RPA) within
the FLAPW method we study screening of the Coulomb interaction in FexOy
clusters. For completeness these results are compared with their bulk
counterpart magnetite. It appears that the onsite Coulomb interaction is very
well screened both in the clusters and bulk. On the other hand for the
intersite Coulomb interaction the important observation is made that it is
almost contant throughout the clusters, while for the bulk it is almost
completely screened. More precisely and interestingly, in the clusters
anti-screening is observed by means of ab-initio calculations
On the Cosmological Models with Matter Creation
The matter creation model of Prigogine--Géhéniau--Gunzig--Nardone is revisited in terms of a redefined creation pressure which does not lead to irreversible adiabatic evolution at constant specific entropy. With the resulting freedom to choose a particular gas process, a flat FRWL cosmological model is proposed based on three input characteristics: (i) a perfect fluid comprising of an ideal gas, (ii) a quasi-adiabatic polytropic process, and (iii) a particular rate of particle creation. Such model leads to the description of the late-time acceleration of the expanding Universe with a natural transition from decelerating to accelerating regime. Only the Friedmann equations and the laws of thermodynamics are used and no assumptions of dark energy component is made. The model also allows the explicit determination as functions of time of all variables, including the entropy, the non-conserved specific entropy and the time the accelerating phase begins. A form of correspondence with the dark energy models (quintessence, in particular) is established via the Om diagnostics. Parallels with the concordance cosmological ΛCDM model for the matter-dominated epoch and the present epoch of accelerated expansion are also established via slight modifications of both models
Damages in Fraud Actions
Two distinct legal theories have been developed in determining the amount of damages to be awarded in an action for fraud and deceit. The majority view is the benefit-of-the-bargain rule (also known as the warranty rule ), and the minority view is known as the tort rule (or more commonly, the out-of-pocket rule). Both rules have limited use. In Hines v. Brode the California court made it clear that the two rules should be applied only where a contract is fully executed or where the plaintiff stands on his contract and has not rescinded it. The rationale behind this holding is clear; a plaintiff who has rescinded his contract without tendering the consideration should not be placed in a more advantageous position than the plaintiff who has performed fully before bringing an action in fraud. Ohio will deny the plaintiff\u27s suit for damages where he refuses to surrender defendant\u27s consideration
Benefits and Risks of Weight-Loss Treatment for Older, Obese Women
Background: A key issue in the treatment of obesity in older adults is whether the health benefits of weight loss outweigh the potential risks with respect to musculoskeletal injury. Objective: To compare change in weight, improvements in metabolic risk factors, and reported musculoskeletal adverse events in middle-aged (50-59 years) and older (65-74 years), obese women. Materials and methods: Participants completed an initial 6-month lifestyle intervention for weight loss, comprised of weekly group sessions, followed by 12 months of extended care with biweekly contacts. Weight and fasting blood samples were assessed at baseline, month 6, and month 18; data regarding adverse events were collected throughout the duration of the study. Results: Both middle-aged (n = 162) and older (n = 56) women achieved significant weight reductions from baseline to month 6 (10.1 +/- 0.68 kg and 9.3 +/- 0.76 kg, respectively) and maintained a large proportion of their losses at month 18 (7.6 +/- 0.87 kg and 7.6 +/- 1.3 kg, respectively); there were no significant differences between the two groups with respect to weight change. Older women further experienced significant reductions in systolic blood pressure, HbA(1c), and C-reactive protein from baseline to month 6 and maintained these improvements at month 18. Despite potential safety concerns, we found that older women were no more likely to experience musculoskeletal adverse events during the intervention as compared with their middle-aged counterparts. Conclusion: These results suggest that older, obese women can experience significant health benefits from lifestyle treatment for obesity, including weight loss and improvements in disease risk factors. Further investigation of the impact of weight loss on additional health-related parameters and risks (eg, body composition, muscular strength, physical functioning, and injuries) in older adults is needed.National Heart, Lung and Blood Institute R18HL73326University of FloridaDivision of Statistics and Scientific Computatio
Damages in Fraud Actions
Two distinct legal theories have been developed in determining the amount of damages to be awarded in an action for fraud and deceit. The majority view is the benefit-of-the-bargain rule (also known as the warranty rule ), and the minority view is known as the tort rule (or more commonly, the out-of-pocket rule). Both rules have limited use. In Hines v. Brode the California court made it clear that the two rules should be applied only where a contract is fully executed or where the plaintiff stands on his contract and has not rescinded it. The rationale behind this holding is clear; a plaintiff who has rescinded his contract without tendering the consideration should not be placed in a more advantageous position than the plaintiff who has performed fully before bringing an action in fraud. Ohio will deny the plaintiff\u27s suit for damages where he refuses to surrender defendant\u27s consideration
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