1,594 research outputs found

    Apportionment of Harm in Tort Law: A Proposed Restatement

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    Strict Liability for Abnormally Dangerous Activity: The Negligence Barrier

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    My main thesis is that the doctrine of strict liability for abnormally dangerous activity (which I sometimes refer to by the acronym SLADA), memorialized in sections 519 and 520 of the Restatement (Second) of Torts,\u27 has evolved to the point of near extinction because courts have concluded that the negligence system functions effectively to deter the serious risks posed by the activities involved. The Restatement (Second) provides that strict liability is inapplicable when the high degree of risk can be eliminated by the exercise of reasonable care.2 The evidence demonstrates that courts are increasingly making precisely that finding, usually without any reliance on record evidence, but instead on a judicial sense that very few risks are incapable of being rendered safe by reasonable precautions. This movement away from strict liability and toward negligence I refer to as the negligence barrier

    Castile Evaporite Karst Potential Map of the Gypsum Plain, Eddy County, New Mexico and Culberson County, Texas: A GIS Methodological Comparison

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    Castile Formation gypsum crops out over ,1,800 km2 in the western Delaware Basin where it forms the majority of the Gypsum Plain. Karst development is well recognized in the Gypsum Plain (i.e., filled and open sinkholes with associated caves); however, the spatial occurrence has been poorly known. In order to evaluate the extent and distribution of karst development within the Castile portion of the Gypsum Plain, combined field and Geographic Information System (GIS) studies were conducted, which enable a first approximation of regional speleogenesis and delineate karst-related natural resources for management. Field studies included physical mapping of 50, 1-km2 sites, including identification of karst features (sinkholes, caves, and springs) and geomorphic mapping. GIS-based studies involved analyses of karst features based on public data, including Digital Elevation Model (DEM), Digital Raster Graphic, (DRG) and Digital Orthophoto Quad (DOQ) formats. GIS analyses consistently underestimate the actual extent and density of karst development, based on karst features identified during field studies. However, DOQ analyses coupled with field studies appears to produce accurate models of karst development. As a result, a karst potential map of the Castile outcrop region was developed which reveals that karst development within the Castile Formation is highly clustered. Approximately 40% of the region effectively exhibits no karst development (,1 feature/km2). Two small regions (,3 km2 each) display intense karst development (.40 features/km2) located within the northern extent of the Gypsum Plain, while many regions of significant karst development (.15 features/km2) are distributed more widely. The clustered distribution of karst development suggests that speleogenesis within the Castile Formation is dominated by hypogenic, transverse processes

    Formation of superconducting yttrium barium copper oxide using sulphur-containing templates

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    The formation of yttrium barium copper oxide (YBCO) via biotemplated routes is often plagued by unwanted stable intermediates, some of which arise from the template itself. Here we describe a method which allows sulphur-containing templates, such as proteins, to form superconducting YBCO which would have hitherto resulted in non-superconducting sulphated phases

    Epigene and Hypogene Karst Manifestations of the Castile Formation: Eddy County, New Mexico and Culberson County, Texas, USA

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    Permian evaporites of the Castile Formation crop out over ~1,800 km2 in the western Delaware Basin (Eddy County, New Mexico and Culberson County, Texas, USA) with abundant and diverse karst manifestations. Epigene karst occurs as well-developed karren on exposed bedrock, while sinkholes dominate the erosional landscape, including both solutional and collapse forms. Sinkhole analyses suggest that more than half of all sinks are the result of upward stoping of subsurface voids, while many solutional sinks are commonly the result of overprinting of collapsed forms. Epigene caves are laterally limited with rapid aperture decreases away from insurgence, with passages developed along fractures and anticline fold axes. Hypogene karst occurs as diverse manifestations, forming the deepest and longest caves within the region as well as abundant zones of brecciation. Hypogene caves exhibit a wide range of morphologies from complex maze and anastomotic patterns to simple, steeply dipping patterns, but all hypogene caves exhibit morphologic features (i.e. risers, outlet cupolas and half-tubes) that provide a definitive suite of evidence of dissolution within a mixed convection (forced and free convection) hydrologic system. Extensive blanket breccias, abundant breccia pipes and numerous occurrences of calcitized evaporites indicate widespread hypogene speleogenesis throughout the entire Castile Formation. Although most cave and karst development within the Castile outcrop region appears to have hypogene origins, epigene processes are actively overprinting features, creating a complex speleogenetic evolution within the Castile Formation

    The Chief Resident Role in Emergency Medicine Residency Programs

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    Study Objectives: Although other specialties have examined the role of the chief resident (CR), the role and training of the emergency medicine (EM) CR has largely been undefined.Methods: A survey was mailed to all EM CRs and their respective program directors (PD) in 124 EM residency programs. The survey consisted of questions defining demographics, duties of the typical CR, and opinions regarding the level of support and training received. Multiple choice, Likert scale (1 strong agreement, 5 strong disagreement) and short-answer responses were used. We analyzed associations between CR and PD responses using Chi-square, Student’s T and Mann-Whitney U tests.Results: Seventy-six percent of CRs and 65% of PDs responded and were similar except for age (31 vs. 42 years; p<0.001). CR respondents were most often male, in year 3 of training and held the position for 12 months. CRs and PDs agreed that the assigned level of responsibility is appropriate (2.63 vs. 2.73, p=0.15); but CRs underestimate their influence in the residency program (1.94 vs. 2.34, p=0.002) and the emergency department (2.61 vs. 3.03, p=0.002). The majority of CRs (70%) and PDs (77%) report participating in an extramural training program, and those CRs who participated in training felt more prepared for their job duties (2.26 vs. 2.73; p=0.03).Conclusion: EM CRs feel they have appropriate job responsibility but believe they are less influential in program and department administration than PD respondents. Extramural training programs for incoming CRs are widely used and felt to be helpful. [West J Emerg Med. 2010; 11(2):120-125.

    Partnerships in Employment: What Matters Most: Research on Elevating Parent Expectations, TASH Town Hall, December 2014

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    The brief goes into detail about the most powerful force in changing transition outcomes for young people with significant disabilities. This brief explains this force is not ultimately found in the transition plans we craft, the educational services we offer, the instruction we provide, or the systems we build, but rather in the expectations and aspirations individual parents hold for their sons and daughters
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