Digital Commons Network^™

Reforming The Law: The Payment Rule As A Paradigm , Dale A. Whitman

Faculty Publications

The concept of negotiability of promissory notes is solidly entrenched in American commercial law. It derives from the English common law notion that a negotiable instrument is a reification of the obligation it describes; the instrument is regarded as a tangible form of the obligation. This notion has multiple ramifications, but three stand out. The first is the holder in due course doctrine which asserts that, when a negotiable instrument is transferred by the correct process (negotiation, which requires delivery of the paper) to someone with the right qualities (good faith, lack of notice, and payment of value), the maker …

A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, James Levin, Chris Guthrie

Faculty Publications

Mediation Statute, 13 Ohio St. J. on Disp. Resol. 885 (1998)

During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation and other dispute resolution processes. The National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Bar Association Section of Dispute Resolution have recently formed a unique partnership to assess whether a model or uniform mediation statute might remedy some of the problems caused by the current patchwork of often confusing and conflicting mediation laws. The task …

Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii

Faculty Publications

This article examines the connections between the doctrine of reasonable expectations and the law of contract. Judge Keeton urged in his 1970 article that protecting the insured's reasonable expectations is a better justification for results in many reported cases than the rationales offered by judges! Without disagreeing with that point, it can be claimed, as this article does, that insurance law's efforts to explain outcomes that contradict the plain language of contractual text are appropriately viewed as a subset of a larger effort to rationalize contract law with the challenges presented by the widespread use of standardized forms in consumer …

Third Party Intervention And Joinder As Of Right In International Arbitration: An Infringement Of Individual Contract Rights Or A Proper Equitable Measure?, S. I. Strong

Faculty Publications

Arbitration has long been called a creature of contract, a dispute resolution mechanism that has no form or validity outside the four corners of the parties' arbitration agreement. Some feel, however, that it may be time to change this narrow interpretation of arbitration's function and scope, and nowhere is this need for reform more apparent than in the realm of multi-party international disputes. Arbitration has taken on an increasingly important role in international commercial transactions and has become the preferred dispute resolution mechanism in many types of transnational contracts. Although there are any number of reasons why this may be …

Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky

Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …

The Peak Brightness Of Sn 1974g In Ngc 4414 And The Hubble Constant, Bradley E. Schaefer

Faculty Publications

The light curve of the Type Ia supernova SN 1974G (in NGC 4414) is important because the Hubble Space Telescope has measured the distance to the host galaxy by means of Cepheid variables, and thus the Hubble constant can be derived. Light curves from the secondary literature are inadequate, since the majority of data is misreported, the majority of the published data is overlooked, and the majority of all data is unpublished, while comparison-star sequences have offsets of over half a magnitude. I have recovered and validated all data, remeasured the comparison stars, and performed light-curve template fits. I find …

Discovery Of A Supernova Explosion At Half The Age Of The Universe, S. Perlmutter, G. Aldering, M. Della Valle, S. Deustua, R. S. Ellis, S. Fabbro, A. Fruchter, G. Goldhaber, D. E. Groom, I. M. Hook, A. G. Kim, M. Y. Kim, R. A. Knop, C. Lidman, R. G. Mcmahon, P. Nugent, R. Pain, N. Panagia, C. R. Pennypacker, P. Ruiz-Lapuente, B. Schaefer, N. Walton

Faculty Publications

The ultimate fate of the Universe, infinite expansion or a big crunch, can be determined by using the redshifts and distances of very distant supernovae to monitor changes in the expansion rate. We can now find large numbers of these distant supernovae, and measure their redshifts and apparent brightnesses; moreover, recent studies of nearby type Ia supernovae have shown how to determine their intrinsic luminosities- and therefore with their apparent brightnesses obtain their distances. The >50 distant supernovae discovered so far provide a record of changes in the expansion rate over the past several billion years. However, it is necessary …

Antiferromagnetic Hedgehogs With Superconducting Cores, Paul M. Goldbart, Daniel E. Sheehy

Faculty Publications

Excitations of the antiferromagnetic state that resemble antiferromagnetic hedgehogs at large distances but are predominantly superconducting inside a core region are discussed within the context of Zhang’s SO(5)-symmetry-based approach to the physics of high-temperature superconducting materials. Nonsingular, in contrast with their hedgehog cousins in pure antiferromagnetism, these texture excitations are what hedgehogs become when the antiferromagnetic order parameter is permitted to “escape” into superconducting directions. The structure of such excitations is determined in a simple setting, and a number of their experimental implications are examined. © 1998 The American Physical Society.

Intrinsic Resistivity And The So(5) Theory Of High-Temperature Superconductors, Daniel E. Sheehy, Paul M. Goldbart

Faculty Publications

The topological structure of the order parameter in Zhang’s SO(5) theory of superconductivity allows for an unusual type of dissipation mechanism by which current-carrying states can decay. The resistivity due to this mechanism, which involves orientation rather than amplitude order-parameter fluctuations, is calculated for the case of a thin superconducting wire. The approach is a suitably modified version of that pioneered by Langer and Ambegaokar for conventional superconductors. © 1998 The American Physical Society.

Results On [Formula Presented] Oscillations From Pion Decay In Flight Neutrinos, C. Athanassopoulos, L. B. Auerbach, R. L. Burman, D. O. Caldwell, E. D. Church, I. Cohen, J. B. Donahue, A. Fazely, F. J. Federspiel, G. T. Garvey, R. M. Gunasingha, R. Imlay, K. Johnston, H. J. Kim, W. C. Louis, R. Majkic, K. Mcilhany, W. Metcalf, G. B. Mills, R. A. Reeder, V. Sandberg, D. Smith, I. Stancu, W. Strossman, R. Tayloe, G. J. Vandalen, W. Vernon, N. Wadia, J. Waltz, D. H. White, D. Works, Y. Xiao, S. Yellin

Faculty Publications

A search for [Formula Presented] oscillations has been conducted at the Los Alamos Meson Physics Facility using [Formula Presented] from [Formula Presented] decay in flight. An excess in the number of beam-related events from the [Formula Presented] inclusive reaction is observed. The excess is too large to be explained by normal [Formula Presented] contamination in the beam at a confidence level greater than 99%. If interpreted as an oscillation signal, the observed oscillation probability of [Formula Presented] is consistent with the previously reported [Formula Presented] oscillation evidence from LSND. © 1998 The American Physical Society.

Egret Observations Of The Extragalactic Gamma-Ray Emission, P. Sreekumar, D. L. Bertsch, B. L. Dingus, J. A. Esposito, C. E. Fichtel, R. C. Hartman, S. D. Hunter, G. Kanbach, D. A. Kniffen, Y. C. Lin, H. A. Mayer-Hasselwander, P. F. Michelson, C. Von Montigny, A. Mücke, R. Mukherjee, P. L. Nolan, M. Pohl, O. Reimer, E. Schneid, J. G. Stacy, F. W. Stecker, D. J. Thompson, T. D. Willis

Faculty Publications

The all-sky survey in high-energy gamma rays (E > 30 MeV) carried out by EGRET aboard the Compton Gamma Ray Observatory provides a unique opportunity to examine in detail the diffuse gamma-ray emission. The observed diffuse emission has a Galactic component arising from cosmic-ray interactions with the local interstellar gas and radiation, as well as an almost uniformly distributed component that is generally believed to originate outside the Galaxy. Through a careful study and removal of the Galactic diffuse emission, the flux, spectrum, and uniformity of the extragalactic emission are deduced. The analysis indicates that the extragalactic emission is well described …

Simultaneous Observations Of Compton Gamma Ray Observatory-Batse Gamma-Ray Bursts With The Cobe Dmr, Peter D. Jackson, Christoph Winkler, J. Gregory Stacy, T. J.Romke Bontekoe

Faculty Publications

Data acquired with the COBE Differential Microwave Radiometer (DMR) provide a unique opportunity to observe simultaneous emission from cosmic gamma-ray bursts in the previously unexplored microwave region of the spectrum. We have searched the COBE DMR time-ordered data sets for instances when one of the DMR horns (FWHM ∼ 7°) was pointing in the direction of a gamma-ray burst at the time of burst occurrence. During the overlap period 1991 April-December corresponding to the first public release of COBE data, 210 Compton Gamma Ray Observatory (CGRO)/BATSE gamma-ray bursts listed in the Third BATSE (3B) Catalog were viewable by the COBE …

Quasiclassical Approach To Transport In The Vortex State And The Hall Effect, A. Houghton, I. Vekhter

Faculty Publications

We derive generalized quasiclassical transport equations that include the terms responsible for the Hall effect in the vortex state of a clean type-II superconductor, and calculate the conductivity tensor for an (Formula presented)-wave superconductor in the high-field regime. We find that below the superconducting transition the contribution to the transverse conductivity due to dynamical fluctuations of the order parameter is compensated by the modification of the quasiparticle contribution. In this regime the nonlinear behavior of the Hall angle is governed by the change in the effective quasiparticle scattering rate due to the reduction in the density of states at the …

Starburst-Like Dust Extinction In The Small Magellanic Cloud, Karl D. Gordon, Geoffrey C. Clayton

Faculty Publications

The recent discovery that the ultraviolet (UV) dust extinction in starburst galaxies is similar to that found in the Small Magellanic Cloud (SMC) motivated us to reinvestigate the UV extinction found in the SMC. We have been able to improve significantly on previous studies by carefully choosing pairs of well-matched reddened and unreddened stars. In addition, we benefited from the improved signal-tonoise ratio of the NEWSIPS International Ultraviolet Explorer (WE) data and the larger sample of SMC stars now available. Searching the WE Final Archive, we found only four suitable early-type stars that were significantly reddened and had well-matched comparison …

The Spectroscopic Orbit Of The Evolved Binary Hd 197770, Karl D. Gordon, Geoffrey C. Clayton, Tracy L. Smith, Jason P. Aufdenberg, John S. Drilling, Margaret M. Hanson, Christopher M. Anderson, Christopher L. Mulliss

Faculty Publications

We have used spectra taken between 1992 and 1997 to derive the spectroscopic orbit of the eclipsing double-lined spectroscopic binary HD 197770. This binary has a period of 99.69 ± 0.02 days and K amplitudes of 31.2 ± 0.8 and 47.1 ± 0.4 km s-1 for components A and B, respectively. The m sin3 i values for A and B are 2.9 and 1.9, respectively, and are close to the actual masses because of the eclipsing nature of this binary. Both components of HD 197770 have spectral types near B2 III. This means that both components are undermassive by about …

Macroscopic Studies Of Short-Pulse High-Order Harmonic Generation Using The Time-Dependent Schrödinger Equation, M. B. Gaarde, Ph Antoine, A. L’Huillier, K. J. Schafer, K. C. Kulander

Faculty Publications

We consider high harmonic generation by ultrashort (27–108 fs) laser pulses and calculate the macroscopic response of a collection of atoms to such a short pulse. We show how the harmonic spectrum after propagation through the medium is significantly different from the single-atom spectrum. We use single-atom data calculated by integration of the time-dependent Schrödinger equation and propose a method, based on an adiabatic approximation, to extract the data necessary to perform a propagation calculation. © 1998 The American Physical Society.

Frequency-Resolved Time-Gated High-Order Harmonics, Carlo Altucci, Christian Delfin, Lena Roos, Mette B. Gaarde, Anne L’Huillier, Ian Mercer, Tomas Starczewski, C. G. Wahlström

Faculty Publications

We report measurements of high-order harmonic spectra obtained with a 800-nm 150-fs laser pulse with a time-varying degree of ellipticity. The modulation of the polarization in time is achieved by using birefringent optics and self-phase modulation in a glass plate. We can create one or two temporal gates of a few femtoseconds width, during which the polarization is linear and harmonic emission is efficient. The harmonic spectra observed experimentally demonstrate that harmonics generated with linear polarization are frequency chirped. The values measured experimentally are consistent with theoretical predictions based on the strong field approximation. © 1998 The American Physical Society.

A Balloon-Borne Coded Aperture Telescope For Arc-Minute Angular Resolution At Hard X-Ray Energies, J. Ryan, V. Boykin, R. M. Kippen, K. Larson, J. Macri, M. Mayer, M. Mcconnell, P. Altice, M. L. Cherry, S. B. Ellison, B. Price, T. G. Guzik, R. Lockwood, M. B. Barakat, K. Johnston, N. Zotov, M. Elaasar

Faculty Publications

We describe the development of a new balloon-borne telescope known as MARGIE (Minute-of-Arc Resolution Gamma ray Imaging Experiment). It is a coded aperture telescope designed to image photons (in various configurations) over the 20-600 keV range with an angular resolution approaching 1′. MARGIE will use one (or both) of two different detection plane technologies. One such technology involves the use of Cadmium Zinc Telluride (CZT) strip detectors, for which we have successfully demonstrated a spatial resolution of < 375 μm. A second detector option is based on CsI microfiber arrays coupled to a large area silicon CCD readout array, providing spatial resolutions comparable to that of the CZT prototype. In one possible configuration, the coded mask would be 0.5 mm thick tungsten, with 0.5 mm pixels at a distance of 1.5 m from the central detector, giving an angular resolution of 1′ and a fully coded FoV of 12°. © 1998 COSPAR. Published by Elsevier Science Ltd.

Single-Head Spin Modes In Frontal Polymerization, Victor M. Ilyashenko, John A. Pojman

Faculty Publications

The single-head spin mode is the first two-dimensional pattern of self-propagating thermal reaction fronts observed after the planar front loses stability. A "hot spot" is observed to propagate around the periphery of the front. The dynamics of the single-head frontal polymerization regime were studied experimentally, and two novel results were found. The "hot spot" was measured and found to be superadiabatic. The relationship between the rotational velocity and the propagating velocity was found. Experimental data were also compared with the theoretical results based on the linear stability analysis and found to be in a reasonable agreement. © 1998 American Institute …

The Effect Of Convection On A Propagating Front With A Liquid Product: Comparison Of Theory And Experiments, B. Mccaughey, J. A. Pojman, C. Simmons, V. A. Volpert

Faculty Publications

This work is devoted to the investigation of propagating polymerization fronts converting a liquid monomer into a liquid polymer. We consider a simplified mathematical model which consists of the heat equation and equation for the depth of conversion for one-step chemical reaction and of the Navier-Stokes equations under the Boussinesq approximation. We fulfill the linear stability analysis of the stationary propagating front and find conditions of convective and thermal instabilities. We show that convection can occur not only for ascending fronts but also for descending fronts. Though in the latter case the exothermic chemical reaction heats the cold monomer from …

Hematite And Calcite Coatings On Fossil Vertebrates, B. A.O. Huiming, Paul L. Koch, Robert P. Hepple

Faculty Publications

Hematite coatings are common on vertebrate fossils from Paleocene/Eocene paleosol deposits in the Bighorn Basin, Wyoming. In general, hematite coatings are found only on fossils and are limited to soils exhibiting hydromorphic features and moderate maturity. Pétrographie and isotopic evidence suggests that hematite and micritic calcite formed at nearly the same time in a pedogenic environment, whereas sparry calcite formed later at greater burial depths. The parent material of paleosols is rich in iron, supplying an ample source of iron for hematite formation. Decomposition of animal tissues around bones may enhance the weathering of iron-bearing minerals in soils surrounding carcasses, …

Trace And Rare Earth Element Chemistry Of Volcanic Ashes From Sites 918 And 919: Implications For Icelandic Volcanism, P. D. Clift, J. G. Fitton

Faculty Publications

Miocene to Holocene sediments cores at Site 918 and 919 in the Irminger Basin contain windblown ash layers drived from Icelandic volcanoes. They represent the most explosive volcanism of the rift system. In contrast, only those eruptions that produced lava flowing far from the rift zone are now exposed on Iceland due to subsidence close to the rift axis. Sediments older than 3.2 Ma contain little fresh glass, due to the hydrating effect of diagenetic fluids, although one basaltic layer dated at 10.5 Ma and three rhyolitic layers data at 12.1-12.7 Ma were found to contain fresh glass. Major, trace, …

Tectonic Controls On Sedimentation And Diagenesis In The Tonga Trench And Forearc, Southwest Pacific, P. D. Clift, C. J. Macleod, D. R. Tappin, D. J. Wright, S. H. Bloomer

Faculty Publications

Sedimentation in the Tonga forearc is dominated by the redeposition of volcaniclastic sediment from the arc volcanic front by mass flows and turbidity currents onto the adjacent Tonga Platform, the shallowest, flattest part of the forearc region. The greatest sediment thicknesses accumulate in debris aprons close to the volcanic front. Collision of seamounts, notably the Capricorn Seamount and the Louisville Ridge, with the forearc radically shortens and steepens the adjacent modern trench slope, allowing sediment to be redeposited deep into the trench. Rotation, usually arcward, of existing basins on the midslope during collision generates angular unconformities, while synchronous uplift of …

Antarctic Paleolake Sediments And The Search For Extinct Life On Mars, Peter T. Doran, Robert A. Wharton, David J. Des Marais, Christopher P. Mckay

Faculty Publications

Evidence of lakes in Mars history is substantial. The proposed similarities between the ancient Martian environment and certain modem environments on Earth have led exobiologists to study antarctic lakes as analogs to those purported to have existed on Mars. We have investigated modem sedimentation processes (especially with respect to δ13C of carbonate and organic matter) in lakes in the McMurdo Dry Valleys region of east Antarctica and assessed various paleolakc deposits with respect to their utility as Martian analogs and targets for future Mars exobiology missions. Three main types of paleolake deposit were identified and assessed: strand lines, perched deltas, …

Monophyletic Subgroups Of The Tribe Millettieae (Leguminosae) As Revealed By Phytochrome Nucleotide Sequence Data, Matt Lavin, Elisa Eshbaugh, Jer Ming Hu, Sarah Mathews, Robert A. Sharrock

Faculty Publications

Phylogenetic analysis of phytochrome (PHY) genes reveals the identity and relationships of four PHY loci among papilionoid Leguminosae. A phylogenetic analysis of loci combined according to species suggests that most of the tribe Millettieae belongs to one of two monophyletic clades: the Derris-Lonchocarpus or the Tephrosia clade. Together these two form a monophyletic group that is sister to a lineage represented by Millettia grandis of Millettia sect. Compresso-gemmatae. Collectively, this large monophyletic group is referred to as the Millettieae-core group, which based on our sampling, includes species of Millettieae that do not accumulate the nonprotein amino acid canavanine and that …

Molecular Cloning And Hormonal Regulation Of A Murine Epididymal Retinoic Acid-Binding Protein Messenger Ribonucleic Acid, Jean Jacques Lareyre, Weng Li Zheng, Guang Quan Zhao, Susan Kasper, Marcia E. Newcomer, Robert J. Matusik, David E. Ong, Marie Claire Orgebin-Crist

Faculty Publications

A complementary DNA encoding the mouse epididymal secretory protein MEP 10 (mouse epididymal protein 10) was cloned and is now renamed murine epididymal retinoic acid binding protein (mE-RABP). The analysis of the predicted primary amino acid sequence showed that mE-RABP has a 75% identity with rat ESP I (epididymal secretory protein I), another epididymal retinoic acid-binding protein. The homology strongly suggests that mE-RABP is the mouse orthologue of rat ESP I. A computer analysis of the predicted three- dimensional structure confirmed that mE-RABP can accommodate retinoic acid as ligand. In the rat, ESP I messenger RNA (mRNA) is expressed in …

The Intracellular Localization Of Ribulose-1,5-Bisphosphate Carboxylase/Oxygenase In Chlamydomonas Reinhardtii, Olga N. Borkhsenious, Catherine B. Mason, James V. Moroney

Faculty Publications

The pyrenoid is a proteinaceous structure found in the chloroplast of most unicellular algae. Various studies indicate that ribulose-1,5-bisphosphate carboxylase/oxygenase (Rubisco) is present in the pyrenoid, although the fraction of Rubisco localized there remains controversial. Estimates of the amount of Rubisco in the pyrenoid of Chlamydomonas reinhardtii range from 5% to nearly 100%. Using immunolocalization, the amount of Rubisco localized to the pyrenoid or to the chloroplast stroma was estimated for C. reinhardtii cells grown under different conditions. It was observed that the amount of Rubisco in the pyrenoid varied with growth condition; about 40% was in the pyrenoid when …

Methanol Promotes Atmospheric Methane Oxidation By Methanotrophic Cultures And Soils?, J. Benstead, G. M. King, H. G. Williams

Faculty Publications

Two methanotrophic bacteria, Methylobacter albus BG8 and Methylosinus trichosporium OB3b, oxidized atmospheric methane during batch growth on methanol. Methane consumption was rapidly and substantially diminished (95% over 9 days) when washed cell suspensions were incubated without methanol in the presence of atmospheric methane (1.7 ppm). Methanotrophic activity was stimulated after methanol (10 mM) but not methane (1,000 ppm) addition. M. albus BG8 grown in continuous culture for 80 days with methanol retained the ability to oxidize atmospheric methane and oxidized methane in a chemostat air supply. Methane oxidation during growth on methanol was not affected by methane deprivation. Differences in …

Transformation And Transport Of Inorganic Nitrogen In Sediments Of A Southeast Asian Mangrove Forest, Erik Kristensen, Mikael H. Jensen, Gary T. Banta, Kim Hansen, Marianne Holmer, Gary M. King

Faculty Publications

The most important inorganic nitrogen transformations (nitrification, denitrification and N fixation) and DIN fluxes in darkened and inundated sediments were studied during the dry season in the Ao Nam Bor mangrove forest at the island of Phuket, Thailand. Dark fluxes of NH4+ were low (not significantly different from zero) and tended to be directed into the sediment in the area vegetated by the tree Rhizophora apiculata (204 μmol m-2 d-1) and out of the sediment in an adjacent unvegetated area (80 μmol m-2 d-1), NO3- appeared to be taken up by the sediment in both areas, although at rates not …

Identification Of A Class Of Chromatin Boundary Elements, Olivier Cuvier, Craig M. Hart, Ulrich K. Laemmli

Faculty Publications

Boundary elements are thought to define the ends of functionally independent domains of genetic activity. An assay for boundary activity based on this concept measures the ability to insulate a bracketed, chromosomally integrated reporter gene from position effects. Despite their presumed importance, the few examples identified to date apparently do not share sequence motifs or DNA binding proteins. The Drosophila protein BEAF binds the scs' boundary element of the 87A7 hsp70 locus and roughly half of polytene chromosome interband loci. To see if these sites represent a class of boundary elements that have BEAF in common, we have isolated and …