When Money Grew on Trees: Lucy v. Zehmer and Contracting in a Boom Market

This Article revisits Lucy v. Zehmer, a 1950s Virginia Supreme Court ruling that has become a staple in most contracts courses in American law schools. The colorful facts are well known to nearly all law students: Lucy and Zehmer met one evening in December 1952 at a restaurant in Dinwiddie, Virginia, and, following several drinks and much verbal banter, Zehmer wrote a contract on a restaurant bill, in which he agreed to sell his farm to Lucy for $50,000. Zehmer later insisted that he had been intoxicated and had thought the entire matter was a joke. He testified that he had been high as a Georgia pine and merely bluffing to try to get Lucy to admit that he did not actually have$50,000. Upholding the contract, the court ruled that regardless of Zehmer’s intent, his outward behavior could reasonably be construed to suggest that he had been serious. The court thus invoked what is known as the objective theory of contract formation. Our findings suggest that the court misinterpreted the contractual setting surrounding that December evening in 1952. Our research uncovers several discoveries: (1) Lucy, acting as a middleman for southern Virginia’s burgeoning pulp-and-paper industry, sought the Ferguson farm for its rich timber reserves; (2) Lucy was one of scores of aggressive timber middlemen in the region who eagerly sought valuable timberland and prompted a chaotic landgrab, leaving a wake of shady transactions and colorful litigation; and (3) within eight years of winning injunctive relief from the Virginia Supreme Court and purchasing the Ferguson farm from Zehmer for $50,000, Lucy earned approximately$142,000 from selling the land and its natural resources. These findings call into question the court’s assertion that $50,000 was a fair price, its conclusion that Zehmer’s actions indicated contractual intent, and its confidence that the objective method captured the relevant background in which Lucy’s and Zehmer\u27s exchange took place. More generally, these findings suggest that conclusions reached by the objective method are highly dependent on both the facts that are retold and the context in which those facts occurred, and that historical analysis can meaningfully illustrate the limits of legal doctrines

Viscoelasticity and metastability limit in supercooled liquids

A supercooled liquid is said to have a kinetic spinodal if a temperature Tsp exists below which the liquid relaxation time exceeds the crystal nucleation time. We revisit classical nucleation theory taking into account the viscoelastic response of the liquid to the formation of crystal nuclei and find that the kinetic spinodal is strongly influenced by elastic effects. We introduce a dimensionless parameter \lambda, which is essentially the ratio between the infinite frequency shear modulus and the enthalpy of fusion of the crystal. In systems where \lambda is larger than a critical value \lambda_c the metastability limit is totally suppressed, independently of the surface tension. On the other hand, if \lambda < \lambda_c a kinetic spinodal is present and the time needed to experimentally observe it scales as exp[\omega/(\lambda_c-\lambda)^2], where \omega is roughly the ratio between surface tension and enthalpy of fusion

Non-equilibrium Thermodynamics: Structural Relaxation, Fictive temperature and Tool-Narayanaswamy phenomenology in Glasses

Starting from the second law of thermodynamics applied to an isolated system consisting of the system surrounded by an extremely large medium, we formulate a general non-equilibrium thermodynamic description of the system when it is out of equilibrium. We then apply it to study the structural relaxation in glasses and establish the phenomenology behind the concept of the fictive temperature and of the empirical Tool-Narayanaswamy equation on firmer theoretical foundation.Comment: 20 pages, 1 figur

Atomic scale investigation of Cr precipitation in copper

The early stage of the chromium precipitation in copper was analyzed at the atomic scale by Atom Probe Tomography (APT). Quantitative data about the precipitate size, 3D shape, density, composition and volume fraction were obtained in a Cu-1Cr-0.1Zr (wt.%) commercial alloy aged at 713K. Surprisingly, nanoscaled precipitates exhibit various shapes (spherical, plates and ellipsoid) and contain a large amount of Cu (up to 50%), in contradiction with the equilibrium Cu-Cr phase diagram. APT data also show that some impurities (Fe) may segregate along Cu/Cr interfaces. The concomitant evolution of the precipitate shape and composition as a function of the aging time is discussed. A special emphasis is given on the competition between interfacial and elastic energy and on the role of Fe segregation

A condensed matter interpretation of SM fermions and gauge fields

We present the bundle Aff(3) x C x /(R^3), with a geometric Dirac equation on it, as a three-dimensional geometric interpretation of the SM fermions. Each C x /(R^3) describes an electroweak doublet. The Dirac equation has a doubler-free staggered spatial discretization on the lattice space Aff(3) x C (Z^3). This space allows a simple physical interpretation as a phase space of a lattice of cells in R^3. We find the SM SU(3)_c x SU(2)_L x U(1)_Y action on Aff(3) x C x /(R^3) to be a maximal anomaly-free special gauge action preserving E(3) symmetry and symplectic structure, which can be constructed using two simple types of gauge-like lattice fields: Wilson gauge fields and correction terms for lattice deformations. The lattice fermion fields we propose to quantize as low energy states of a canonical quantum theory with Z_2-degenerated vacuum state. We construct anticommuting fermion operators for the resulting Z_2-valued (spin) field theory. A metric theory of gravity compatible with this model is presented too.Comment: Minimal modifications in comparison with the published versio

Asymptotic analysis of the model for distribution of high-tax payers

The z-transform technique is used to investigate the model for distribution of high-tax payers, which is proposed by two of the authors (K. Y and S. M) and others. Our analysis shows an asymptotic power-law of this model with the exponent -5/2 when a total ``mass'' has a certain critical value. Below the critical value, the system exhibits an ordinary critical behavior, and scaling relations hold. Above the threshold, numerical simulations show that a power-law distribution coexists with a huge ``monopolized'' member. It is argued that these behaviors are observed universally in conserved aggregation processes, by analizing an extended model.Comment: 5pages, 3figure

Critical Temperature for the Nuclear Liquid-Gas Phase Transition

The charge distribution of the intermediate mass fragments produced in p (8.1 GeV) + Au collisions is analyzed in the framework of the statistical multifragmentation model with the critical temperature for the nuclear liquid-gas phase transition $T_c$ as a free parameter. It is found that $T_c=20\pm3$ MeV (90% CL).Comment: 4 pages, 3 figures, published in Phys. Rev.