Agency in the Alternatives: Common-Law Perspectives on Binding the Firm

This chapter in a forthcoming book examines the external aspects of agency law in the context of unincorporated firms, that is, the capacity of actors associated a firm to bind it to the legal consequences of interactions with third parties. The chapter focuses in particular on the impact of acts done by a representative for which the representative lacked actual authority. The chapter differentiates the terminology and concepts associated with partnership law from the common law of agency, in particular, a partner\u27s capacity to bind the firm albeit the partner lacks actual authority, which the chapter terms the partner\u27s positional power. Turning to LLCs, the chapter argues that basic agency issues are muddled, due in part to a historically explicable overhang of partnership concepts and terminology --- since obviated by changes in tax law --- and that the muddle most significantly (and surprisingly) affects LLCs organized under the Delaware LLC statute. The chapter demonstrates that such confusion is not inevitably and that, short of formal changes in statutory text, judicial decisions and an arguable consensus among expert lawyers may mitigate the confusion

Mortality and Conflict in the Developing World

To varying extents, the world one is born into does not provide equal opportunities. This study measures the extent to which survivability across the developing world is affected by factors outside of the health and lifestyle choices one can make: industry, foreign markets, conflict, and the demographics around them. These variables are tested for a balanced panel of 102 countries over 7 years, allowing country-specific factors to be controlled

The Common Core and the Future of Student Assessment in Ohio

Ohio committed itself to embracing higher standards that cross state lines when it joined 45 other states and the District of Columbia in adopting the Common Core standards in math and English language arts (ELA) in June 2010

The Influence of Magnetic Domain Walls on Longitudinal and Transverse Magnetoresistance in Tensile Strained (Ga,Mn)As Epilayers

We present a theoretical analysis of recent experimental measurements of magnetoresistance in (Ga,Mn)As epilayers with perpendicular magnetic anisotropy. The model reproduces the field-antisymmetric anomalies observed in the longitudinal magnetoresistance in the planar geometry (magnetic field in the epilayer plane and parallel to the current density), as well as the unusual shape of the accompanying transverse magnetoresistance. The magnetoresistance characteristics are attributed to circulating currents created by the presence of magnetic domain walls

Persistent Decadal-Scale Rainfall Variability in the Tropical South Pacific Convergence Zone Through the Past Six Centuries

Modern Pacific decadal variability (PDV) has global impacts; hence records of PDV from the pre-instrumental period are needed to better inform models that are used to project future climate variability. We focus here on reconstructing rainfall in the western tropical Pacific (Solomon Islands; similar to 9.5 degrees S, similar to 160 degrees E), a region directly influenced by PDV, using cave deposits (stalagmite). A relationship is developed between delta O-18 variations in the stalagmite and local rainfall amount to produce a 600 yr record of rainfall variability from the South Pacific Convergence Zone (SPCZ). We present evidence for large (similar to 1.5 m), abrupt, and periodic changes in total annual rainfall amount on decadal to multidecadal timescales since 1423 +/- 5 CE (Common Era) in the Solomon Islands. The timing of the decadal changes in rainfall inferred from the 20th-century portion of the stalagmite delta O-18 record coincides with previously identified decadal shifts in PDV-related Pacific ocean-atmosphere behavior (Clement et al., 2011; Deser et al., 2004). The Solomons record of PDV is not associated with variations in external forcings, but rather results from internal climate variability. The 600 yr Solomon Islands stalagmite delta O-18 record indicates that decadal oscillations in rainfall are a persistent characteristic of SPCZ-related climate variability.Taiwan ROC NSCNTU 101-2116-M-002-009, 102-2116-M-002-016, 101R7625Geological Science

A prospective adaptive utility trial to validate performance of a novel urine exosome gene expression assay to predict high-grade prostate cancer in patients with prostate-specific antigen 2-10ng/ml at initial biopsy

BACKGROUND: Discriminating indolent from clinically significant prostate cancer (PCa) in the initial biopsy setting remains an important issue. Prospectively evaluated diagnostic assays are necessary to ensure efficacy and clinical adoption. OBJECTIVE: Performance and utility assessment of ExoDx Prostate (IntelliScore) (EPI) urine exosome gene expression assay versus standard clinical parameters for discriminating Grade Group (GG) ≥2 PCa from GG1 PCa and benign disease on initial biopsy. DESIGN, SETTING, AND PARTICIPANTS: A two-phase adaptive clinical utility study (NCT03031418) comparing EPI results with biopsy outcomes in men, with age ≥50 yr and prostate-specific antigen (PSA) 2-10ng/ml, scheduled for initial prostate biopsy. After EPI performance assessment during phase I, a clinical implementation document (ie, CarePath) was developed for utilizing the EPI test in phase II, where the biopsy decision is uncertain. OUTCOME MEASUREMENTS AND STATISTICAL ANALYSIS: Performance evaluation of the EPI test in patients enrolled in phase I and publication of a consensus CarePath for phase II. RESULTS AND LIMITATIONS: In a total of 503 patients, with median age of 64 yr, median PSA 5.4ng/ml, 14% African American, 70% Caucasian, 53% positive biopsy rate (22% GG1, 17% GG2, and 15% ≥ GG3), EPI was superior to an optimized model of standard clinical parameters with an area under the curve (AUC) 0.70 versus 0.62, respectively, comparable with previously published results (n=519 patients, EPI AUC 0.71). Validated cut-point 15.6 would avoid 26% of unnecessary prostate biopsies and 20% of total biopsies, with negative predictive value (NPV) 89% and missing 7% of ≥GG2 PCa. Alternative cut-point 20 would avoid 40% of unnecessary biopsies and 31% of total biopsies, with NPV 89% and missing 11% of ≥GG2 PCa. The clinical investigators reached consensus recommending use of the 15.6 cut-point for phase II. Outcome of the decision impact cohort in phase II will be reported separately. CONCLUSIONS: EPI is a noninvasive, easy-to-use, gene expression urine assay, which has now been successfully validated in over 1000 patients across two prospective validation trials to stratify risk of ≥GG2 from GG1 cancer and benign disease. The test improves identification of patients with higher grade disease and would reduce the total number of unnecessary biopsies. PATIENT SUMMARY: It is challenging to predict which men are likely to have high-grade prostate cancer (PCa) at initial biopsy with prostate-specific antigen 2-10ng/ml. This study further demonstrates that the ExoDx Prostate (IntelliScore) test can predict ≥GG2 PCa at initial biopsy and defer unnecessary biopsies better than existing risk calculator\u27s and standard clinical data

Granitic Boulder Erosion Caused by Chaparral Wildfire: Implications for Cosmogenic Radionuclide Dating of Bedrock Surfaces

Rock surface erosion by wildfire is significant and widespread but has not been quantified in southern California or for chaparral ecosystems. Quantifying the surface erosion of bedrock outcrops and boulders is critical for determination of age using cosmogenic radionuclide techniques, as even modest surface erosion removes the accumulation of the cosmogenic radionuclides and causes significant underestimate of age. This study documents the effects on three large granitic boulders following the Esperanza Fire of 2006 in southern California. Spalled rock fragments were quantified by measuring the removed rock volume from each measured boulder. Between 7% and 55% of the total surface area of the boulders spalled in this single fire. The volume of spalled material, when normalized across the entire surface area, represents a mean surface lowering of 0.7–12.3 mm. Spalled material was thicker on the flanks of the boulders, and the height of the fire effects significantly exceeded the height of the vegetation prior to the wildfire. Surface erosion of boulders and bedrock outcrops as a result of wildfire spalling results in fresh surfaces that appear unaffected by chemical weathering. Such surfaces may be preferentially selected by researchers for cosmogenic surface dating because of their fresh appearance, leading to an underestimate of age

Zee electrical interconnect

An interconnect, having some length, that reliably connects two conductors separated by the length of the interconnect when the connection is made but in which one length if unstressed would change relative to the other in operation. The interconnect comprises a base element an intermediate element and a top element. Each element is rectangular and formed of a conducting material and has opposed ends. The elements are arranged in a generally Z-shape with the base element having one end adapted to be connected to one conductor. The top element has one end adapted to be connected to another conductor and the intermediate element has its ends disposed against the other end of the base and the top element. Brazes mechanically and electrically interconnect the intermediate element to the base and the top elements proximate the corresponding ends of the elements. When the respective ends of the base and the top elements are connected to the conductors, an electrical connection is formed therebetween, and when the conductors are relatively moved or the interconnect elements change length the elements accommodate the changes and the associated compression and tension forces in such a way that the interconnect does not mechanically fatigue

Rainfall variations in central Indo-Pacific over the past 2,700 y

Tropical rainfall variability is closely linked to meridional shifts of the Intertropical Convergence Zone (ITCZ) and zonal movements of the Walker circulation. The characteristics and mechanisms of tropical rainfall variations on centennial to decadal scales are, however, still unclear. Here, we reconstruct a replicated stalagmite-based 2,700-y-long, continuous record of rainfall for the deeply convective northern central Indo-Pacific (NCIP) region. Our record reveals decreasing rainfall in the NCIP over the past 2,700 y, similar to other records from the northern tropics. Notable centennial- to decadal-scale dry climate episodes occurred in both the NCIP and the southern central Indo-Pacific (SCIP) during the 20th century [Current Warm Period (CWP)] and the Medieval Warm Period (MWP), resembling enhanced El Niño-like conditions. Further, we developed a 2,000-y-long ITCZ shift index record that supports an overall southward ITCZ shift in the central Indo-Pacific and indicates southward mean ITCZ positions during the early MWP and the CWP. As a result, the drying trend since the 20th century in the northern tropics is similar to that observed during the past warm period, suggesting that a possible anthropogenic forcing of rainfall remains indistinguishable from natural variability