14,883 research outputs found
Restoring Bankruptcyâs Fresh Start
The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States. When creditors have systemically violated debtorsâ discharge injunctions, some debtors have attempted to challenge those creditors through a class action lawsuit in bankruptcy court. However, the pervasiveness of class-waiving arbitration clauses likely prevents those debtors from disputing discharge injunction violations outside of binding, individual arbitration. This Note first discusses areas of disagreement regarding how former debtors may enforce their discharge injunctions. Then, it examines the types of disputes that allow debtors to collectivize in bankruptcy court. Without seeking to resolve either disagreement, this Note assumes debtors may collectivize in this context and employs an âinherent conflictâ test that looks to whether disputes over discharge injunction violations are arbitrable. Because the âinherent conflictâ test likely leads to the conclusion that courts must enforce class-waiving arbitration clauses, this Note argues that Congress should amend the Bankruptcy Code not only to provide debtors an express right of action under § 524 and the ability to collectivize, but also to prohibit the arbitration of these claims. Doing so will give full effect to the discharge injunction and fulfill the promise to debtors that they can truly begin anew after bankruptcy
Theory of Alkali Induced Reconstruction of the Cu(100) Surface
LEED experiments show that Li adsorbed at Cu(100) surfaces at room
temperature induces a (2x1) missing row substrate reconstruction while
adsorption at lower temperatures, T=180 K, results in an unreconstructed
Cu(100)+c(2x2)--Li overlayer structure. Substrate reconstruction has not been
observed for Na nor for K adsorption. In order to study the specific
reconstruction behavior of the Li adsorbate ab initio DFT calculations have
been performed on Cu(100)+Ad, Ad = Li, Na, K systems at coverages
Theta_Ad=0.25-0.5 with and without reconstruction. The calculations show that
the (2x1) MR reconstructed surface lies energetically above the ideal (1x1)
surface by 0.2 eV per unit cell. However, alkali binding is stronger in the MR
geometry as compared to that of the ideal surface where the increase in bond
strength becomes smaller in going from Li to Na to K. As a result, the MR
reconstructed and the overlayer adsorbate systems are energetically very close
for Cu(100)+Li while for Na and K the overlayer geometry is always favored.Comment: 8 pages, 5 figures, submitted to Surf. Rev. Let
Brief of Amici Curiae Federal Courts Scholars and Southeastern Legal Foundation in Support of Respondents
Nitrous oxide in coastal waters
We determined atmospheric and dissolved nitrous oxide (N2O) in the surface waters of the central North Sea, the German Bight, and the Gironde estuary. The mean saturations were 104 ± 1% (central North Sea, September 1991), 101 ± 2% (German Bight, September 1991), 99 ± 1% (German Bight September 1992), and 132% (Gironde estuary, November 1991). To evaluate the contribution of coastal areas and estuaries to the oceanic emissions we assembled a compilation of literature data. We conclude that the mean saturations in coastal regions (with the exception of estuaries and regions with upwelling phenomena) are only slightly higher than in the open ocean. However, when estuarine and coastal upwelling regions are included, a computation of the global oceanic N2O flux indicates that a considerable portion (approximately 60%) of this flux is from coastal regions, mainly due to high emissions from estuaries. We estimate, using two different parameterizations of the air-sea exchange process, an annual global sea-to-air flux of 11â17 Tg N2O. Our results suggest a serious underestimation of the flux from coastal regions in widely used previous estimates
Coexistence of -loop-current order with checkerboard d-wave CDW/PDW order in a hot-spot model for cuprate superconductors
We investigate the strong influence of the -loop-current order
on both unidirectional and bidirectional d-wave
charge-density-wave/pair-density-wave (CDW/PDW) composite orders along axial
momenta and that emerge in an effective hot spot
model departing from the three-band Emery model relevant to the phenomenology
of the cuprate superconductors. This study is motivated by the compelling
evidence that the -loop-current order described by this model may
explain groundbreaking experiments such as spin-polarized neutron scattering
performed in these materials. Here, we demonstrate, within a saddle-point
approximation, that the -loop-current order clearly coexists with
bidirectional (i.e. checkerboard) d-wave CDW and PDW orders along axial
momenta, but is visibly detrimental to the unidirectional (i.e. stripe) case.
This result has potentially far-reaching implications for the physics of the
cuprates and agrees well with very recent x-ray experiments on YBCO that
indicate that at higher dopings the CDW order has indeed a tendency to be
bidirectional.Comment: Published in Physical Review
On the mixed Cauchy problem with data on singular conics
We consider a problem of mixed Cauchy type for certain holomorphic partial
differential operators whose principal part essentially is the
(complex) Laplace operator to a power, . We pose inital data on a
singular conic divisor given by P=0, where is a homogeneous polynomial of
degree . We show that this problem is uniquely solvable if the polynomial
is elliptic, in a certain sense, with respect to the principal part
- âŠ