Langdell and the Foundation of Classical Contract Law

In the late nineteenth and early twentieth centuries, scholars seeking to bring order to the common law developed what has since become known as classical contract law. Its leading architects were Christopher Columbus Langdell, Oliver Wendell Holmes, Jr., and Samuel Williston, and their efforts involved seeking to provide an objective foundation for contract law. Any idea, however, that these three worked in coordination to create classical contract law would be mistaken. Holmes is considered a relentless critic of Langdell, and even Williston distanced himself from Langdell. This Article identifies in what ways Holmes and Williston differed from Langdell in their approach to contract law and, to do so, focuses on the doctrine of consideration, the foundation upon which classical contract law was built. This Article concludes that, as a result of these differences, classical contracts scholars’ quest to create an objective foundation for contract law that could withstand erosion was doomed to fail. First, the leading architects did not agree on a fundamental concept—a theory of law. The disagreement between Langdell and Holmes about the nature of law (logic versus experience) virtually ensured they would be unable to agree on something like the meaning of consideration and would thus be unable to agree on a foundational theory of contract law. Second, even when the architects sought to construct principles upon the same foundation (logic), the foundation proved unable to provide a clear answer to the meaning of consideration

Every partridge counts, successful techniques used in the captive conservation breeding programme for wild grey partridge in Ireland

Between 1998 and 2001 the last remaining wild grey partridge (Perdix perdix) population in Ireland faced imminent extinction with an estimated spring population of 4–6 pairs, and an autumn population of 22–24 birds. A captive breeding programme began in 2002 with two pairs of grey partridge. In the most successful year in 2010, 39 pairs produced a total of 510 chicks. Average chick survival rate was 65.13%. At 88.9 the highest chick survival rate was achieved in 2011. Chick survival of parent–reared birds in captivity is defined by the number of juveniles surviving at age six weeks: similar to estimations used for wild populations of grey partridge. Family coveys were released in late summer to early autumn. In most instances the entire family cohort was released as one unit. However, in coveys of twenty or above, an average of five parent–reared poults were held back as breeding stock for the following year. In early spring of the following year, birds held back were paired with single males or females trapped from the wild. The techniques we used were traditional and labour intensive but highly effective. We recommend that other grey partridge recovery projects should consider captive breeding using the methods employed in this programme to compliment other game management methods used

How closely do changes in surface and column water vapor follow Clausius-Clapeyron scaling in climate change simulations?

The factors governing the rate of change in the amount of atmospheric water vapor are analyzed in simulations of climate change. The global-mean amount of water vapor is estimated to increase at a differential rate of 7.3% K[superscript − 1] with respect to global-mean surface air temperature in the multi-model mean. Larger rates of change result if the fractional change is evaluated over a finite change in temperature (e.g., 8.2% K [superscript − 1] for a 3 K warming), and rates of change of zonal-mean column water vapor range from 6 to 12% K [superscript − 1] depending on latitude. Clausius–Clapeyron scaling is directly evaluated using an invariant distribution of monthly-mean relative humidity, giving a rate of 7.4% K − 1 for global-mean water vapor. There are deviations from Clausius–Clapeyron scaling of zonal-mean column water vapor in the tropics and mid-latitudes, but they largely cancel in the global mean. A purely thermodynamic scaling based on a saturated troposphere gives a higher global rate of 7.9% K [superscript − 1]. Surface specific humidity increases at a rate of 5.7% K [superscript − 1], considerably lower than the rate for global-mean water vapor. Surface specific humidity closely follows Clausius–Clapeyron scaling over ocean. But there are widespread decreases in surface relative humidity over land (by more than 1% K − 1 in many regions), and it is argued that decreases of this magnitude could result from the land/ocean contrast in surface warming

Extrasolar Planet Transits Observed at Kitt Peak National Observatory

We obtained J-, H- and JH-band photometry of known extrasolar planet transiting systems at the 2.1-m Kitt Peak National Observatory Telescope using the FLAMINGOS infrared camera between October 2008 and October 2011. From the derived lightcurves we have extracted the mid-transit times, transit depths and transit durations for these events. The precise mid-transit times obtained help improve the orbital periods and also constrain transit-time variations of the systems. For most cases the published system parameters successfully accounted for our observed lightcurves, but in some instances we derive improved planetary radii and orbital periods. We complemented our 2.1-m infrared observations using CCD z'-band and B-band photometry (plus two Hydrogen Alpha filter observations) obtained with the Kitt Peak Visitor's Center telescope, and with four H-band transits observed in October 2007 with the NSO's 1.6-m McMath-Pierce Solar Telescope. The principal highlights of our results are: 1) our ensemble of J-band planetary radii agree with optical radii, with the best-fit relation being: (Rp/R*)J = 0.0017 + 0.979 (Rp/R*)optical, 2) We observe star spot crossings during the transit of WASP-11/HAT-P-10, 3) we detect star spot crossings by HAT-P-11b (Kepler-3b), thus confirming that the magnetic evolution of the stellar active regions can be monitored even after the Kepler mission has ended, and 4) we confirm a grazing transit for HAT-P-27/WASP-40. In total we present 57 individual transits of 32 known exoplanet systems.Comment: 33 pages, 6 figures, accepted in Publications of the Astronomical Society of the Pacifi

Contrasting responses of mean and extreme snowfall to climate change

Snowfall is an important element of the climate system, and one that is expected to change in a warming climate. Both mean snowfall and the intensity distribution of snowfall are important, with heavy snowfall events having particularly large economic and human impacts. Simulations with climate models indicate that annual mean snowfall declines with warming in most regions but increases in regions with very low surface temperatures. The response of heavy snowfall events to a changing climate, however, is unclear. Here I show that in simulations with climate models under a scenario of high emissions of greenhouse gases, by the late twenty-first century there are smaller fractional changes in the intensities of daily snowfall extremes than in mean snowfall over many Northern Hemisphere land regions. For example, for monthly climatological temperatures just below freezing and surface elevations below 1,000 metres, the 99.99th percentile of daily snowfall decreases by 8% in the multimodel median, compared to a 65% reduction in mean snowfall. Both mean and extreme snowfall must decrease for a sufficiently large warming, but the climatological temperature above which snowfall extremes decrease with warming in the simulations is as high as −9 °C, compared to −14 °C for mean snowfall. These results are supported by a physically based theory that is consistent with the observed rain–snow transition. According to the theory, snowfall extremes occur near an optimal temperature that is insensitive to climate warming, and this results in smaller fractional changes for higher percentiles of daily snowfall. The simulated changes in snowfall that I find would influence surface snow and its hazards; these changes also suggest that it may be difficult to detect a regional climate-change signal in snowfall extremes.National Science Foundation (U.S.) (Grant AGS-1148594)United States. National Aeronautics and Space Administration (ROSES Grant 09-IDS09-0049

Does landscape-scale conservation management enhance the provision of ecosystem services?

Biodiversity conservation approaches are increasingly being implemented at the landscape-scale to support the maintenance of metapopulations and metacommunities. However, the impact of such interventions on the provision of ecosystem services is less well defined. Here we examine the potential impacts of landscape-scale conservation initiatives on ecosystem services, through analysis of five case study areas in England and Wales. The provision of multiple ecosystem services was projected according to current management plans and compared with a baseline scenario. Multicriteria analysis indicated that in most cases landscape-scale approaches lead to an overall increase in service provision. Consistent increases were projected in carbon storage, recreation and aesthetic value, as well as biodiversity value. However, most study areas provided evidence of trade-offs, particularly between provisioning services and other types of service. Results differed markedly between study areas, highlighting the importance of local context. These results suggest that landscape-scale conservation approaches are likely to be effective in increasing ecosystem service provision, but also indicate that associated costs can be significant, particularly in lowland areas

Comparing tropical precipitation simulated by the Met Office NWP and climate models with satellite observations

Forecasts of precipitation and water vapor made by the Met Office global numerical weather prediction (NWP) model are evaluated using products from satellite observations by the Special Sensor Microwave Imager/Sounder (SSMIS) and Tropical Rainfall Measuring Mission (TRMM) Multisatellite Precipitation Analysis (TMPA) for June–September 2011, with a focus on tropical areas (308S–308N). Consistent with previous studies, the predicted diurnal cycle of precipitation peaks too early (by ;3 h) and the amplitude is too strong over both tropical ocean and land regions. Most of the wet and dry precipitation biases, particularly those over land, can be explained by the diurnal-cycle discrepancies. An overall wet bias over the equatorial Pacific and Indian Oceans and a dry bias over the western Pacific warmpool and India are linked with similar biases in the climate model, which shares common parameterizations with the NWP version. Whereas precipitation biases develop within hours in the NWP model, underestimates in water vapor (which are assimilated by the NWP model) evolve over the first few days of the forecast. The NWP simulations are able to capture observed daily-to-intraseasonal variability in water vapor and precipitation, including fluctuations associated with tropical cyclones

Special and inclusive education in the Republic of Ireland: reviewing the literature from 2000 to 2009

Provision for pupils with special educational needs in Ireland has undergone considerable change and review in the first decade of the twenty first century. In response to international demands for a more equitable education system which recognises diversity and considers how schools might address the needs of pupils who have been previously marginalised, Irish legislation has focused upon the development of inclusive schooling. Researchers during this period have endeavoured to understand how responses to the demand for greater inclusion have impacted upon the perceived need for change. This paper reviews the research literature for this period and identifies four key themes under which research has been conducted. The literature pertaining to these themes is explored and a possible agenda for future researchers identifie