Rape on the Washington Southern: The Tragic Case of \u3ci\u3eHines v. Garrett\u3c/i\u3e

In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty to protect against that risk if she did not voluntarily disembark. This article dives into the historical backdrop of this pivotal Virginian case by providing details on Ms. Garrett’s daily commute, the assaults, the police investigation, the lawsuit, both the trial and appeal, and the Virginia Supreme Court’s ultimate decision. Further, this article provides insight into the aftermath of this case and how the parties’ lives proceeded at its conclusion. Julia May Garrett\u27s story, it turns out, is more than a story of proximate cause. It is in many ways a story about Virginia

Public Services Meet Private Law

Some plaintiffs\u27 lawyers believe that expenses incurred by governments after the criminal use of their products take issue with the claim that the government services for which compensation is claimed are free for all, and therefore ineligible for tort recovery. They argue that government services should not subsidize tortfeasors, and that proper accounting requires tortfeasors to internalize the social costs of their alleged misbehavior. They would do away with what they call the free public services doctrine (FPSD), which one author described as holding that a governmental entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor\u27s wrong. On the other side of the political spectrum, proponents of federal tort reform have sought to specifically immunize certain defendants from cost recoupment suits. Of course such legislation, if enacted, would imply that the recoupment suits could have been allowed as a general common law matter in its absence. This Article contends that both camps would benefit from a more thorough understanding of the Free Public Services Doctrine\u27s place within the common law of tort. FPSD is in reality, contra its critics\u27 claims, a universally applied illustration of fundamental common law tort concepts: duty, proximate cause and damages. Wherever these elements remain requirements for common law liability, public service cost recoupment should be denied

Public Services Meet Private Law

Some plaintiffs\u27 lawyers believe that expenses incurred by governments after the criminal use of their products take issue with the claim that the government services for which compensation is claimed are free for all, and therefore ineligible for tort recovery. They argue that government services should not subsidize tortfeasors, and that proper accounting requires tortfeasors to internalize the social costs of their alleged misbehavior. They would do away with what they call the free public services doctrine (FPSD), which one author described as holding that a governmental entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor\u27s wrong. On the other side of the political spectrum, proponents of federal tort reform have sought to specifically immunize certain defendants from cost recoupment suits. Of course such legislation, if enacted, would imply that the recoupment suits could have been allowed as a general common law matter in its absence. This Article contends that both camps would benefit from a more thorough understanding of the Free Public Services Doctrine\u27s place within the common law of tort. FPSD is in reality, contra its critics\u27 claims, a universally applied illustration of fundamental common law tort concepts: duty, proximate cause and damages. Wherever these elements remain requirements for common law liability, public service cost recoupment should be denied

Chlorella, physiology and taxonomy of forty-one isolates

Physiological and morphological characteristics of taxonomic value in Chlorella isolate

Simulations of Electron Acceleration at Collisionless Shocks: The Effects of Surface Fluctuations

Energetic electrons are a common feature of interplanetary shocks and planetary bow shocks, and they are invoked as a key component of models of nonthermal radio emission, such as solar radio bursts. A simulation study is carried out of electron acceleration for high Mach number, quasi-perpendicular shocks, typical of the shocks in the solar wind. Two dimensional self-consistent hybrid shock simulations provide the electric and magnetic fields in which test particle electrons are followed. A range of different shock types, shock normal angles, and injection energies are studied. When the Mach number is low, or the simulation configuration suppresses fluctuations along the magnetic field direction, the results agree with theory assuming magnetic moment conserving reflection (or Fast Fermi acceleration), with electron energy gains of a factor only 2 - 3. For high Mach number, with a realistic simulation configuration, the shock front has a dynamic rippled character. The corresponding electron energization is radically different: Energy spectra display: (1) considerably higher maximum energies than Fast Fermi acceleration; (2) a plateau, or shallow sloped region, at intermediate energies 2 - 5 times the injection energy; (3) power law fall off with increasing energy, for both upstream and downstream particles, with a slope decreasing as the shock normal angle approaches perpendicular; (4) sustained flux levels over a broader region of shock normal angle than for adiabatic reflection. All these features are in good qualitative agreement with observations, and show that dynamic structure in the shock surface at ion scales produces effective scattering and can be responsible for making high Mach number shocks effective sites for electron acceleration.Comment: 26 pages, 12 figure

A Mini-survey of X-ray Point Sources in Starburst and Non-Starburst Galaxies

We present a comparison of X-ray point source luminosity functions of 3 starburst galaxies (the Antennae, M82, and NGC 253) and 4 non-starburst spiral galaxies (NGC 3184, NGC 1291, M83, and IC 5332). We find that the luminosity functions of the starbursts are flatter than those of the spiral galaxies; the starbursts have relatively more sources at high luminosities. This trend extends to early-type galaxies which have steeper luminosity functions than spirals. We show that the luminosity function slope is correlated with 60 micron luminosity, a measure of star formation. We suggest that the difference in luminosity functions is related to the age of the X-ray binary populations and present a simple model which highlights how the shape of the luminosity distribution is affected by the age of the underlying X-ray binary population.Comment: 8 pages, 4 figures. accepted for publication in Ap