CISG Article 79: Exemption of Performance, and Adaptation of Contract Through Interpretation of Reasonableness－Full of Sound And Fury, but Signifying Something

Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a party could be exempted in the so-called “hardship” cases. Lastly, where an event fundamentally alters the equilibrium of the contract because of the increased cost of performance, judges’ power to adapt the contract is urgently desired, but no reasonable basis in provisions of the CISG has been suggested. This article demonstrates that (1) Article 79 as a rule exempts a party from specific performance claims, (2) the so-called “hardship” cases are within the ambit of Article 79, and that (3) judges can adapt contracts through what this author terms a “reasonable expectation test.

Oxidation resistance of silicon ceramics

Oxidation resistance, and examples of oxidation of SiC, Si3N4 and sialon are reviewed. A description is given of the oxidation mechanism, including the oxidation product, oxidation reaction and the bubble size. The oxidation reactions are represented graphically. An assessment is made of the oxidation process, and an oxidation example of silicon ceramics is given

Bose-Fermi mixed condensates of atomic gas with Boson-Fermion quasi-bound state

The phase structures of the boson-fermion (B and F) mixed condensates of atomic gas are discussed under the existence of boson-fermion composite fermions (quasi-bound states) BF from the equilibrium in B+F -> BF. Especially we discuss the competitions between the BF degenerate states and the Bose-Einstein condensates (BEC) in low-T. The criterion for the BEC realization is obtained from the algebraically-derived phase diagrams at T=0.Comment: 2 pages, 3 figure

Wide・Deepモデルを用いた機械学習を高速化するためのアルゴリズム

京都大学新制・課程博士博士(情報学)甲第23310号情博第746号新制||情||127(附属図書館)京都大学大学院情報学研究科知能情報学専攻(主査)教授 鹿島 久嗣, 教授 田中 利幸, 教授 山下 信雄学位規則第4条第1項該当Doctor of InformaticsKyoto UniversityDFA

Focus Changes in Administrative Studies in Postwar Japan: Statistical Content Analyses of Articles in The Annals of the Japanese Society for Public Administration (1962—2018)

This paper quantitatively explains research trends in postwar administrative studies in Japan using statistical analyses of nearly 60 years of article titles from The Annals of the Japanese Society for Public Administration, from the first issue (1962) to the 54th issue (2018). Co-occurrence network analysis, cluster analysis, and correspondence analysis revealed changes in research interests over time. Specifically, there was substantially more research on reform, policy evaluation, and government evaluation in the 2000s, a difference from other time periods. The author performed cluster analysis to classify extracted words using the Jaccard similarity coefficient to gauge the diversity of extracted words, setting the number of clusters to four and listing each characteristic word. Referring to classifications presented by previous qualitative research on the research trends of academic societies, the author derived Cluster 1 “Identity of Public Administration”, Cluster 2 “Management, Institutions, and Policies”, Cluster 3 “Reform and Local Government”, and Cluster 4 “Problems of Administrative Reform”. In the correspondence analysis, the first and second components and the second and third components were selected as the axes of the configuration figure describing the relationships between the extracted words. In addition to the first and second components, the second and third components were developed and analyzed. The following can be interpreted from each configuration figure: the first component is time; the second component is evaluation and reform; and the third component is policy process. Considering the foregoing, they collectively reveal the major pillars of Japanese postwar administrative studies from 1962 to 2018