So what if time is of the essence?

This article is concerned with the remedies available for delay in the performance of contractual obligations, and in particular with the proper analysis of the question whether time is of the essence. The law in this area is both difficult and complex, not only with regard to whether time is of the essence in any given case, but also with regard to what this entails. It is argued that many of the difficulties arise from the ambiguous and inconsistent way in which the courts have approached the question whether time is of the essence, the concept being used in several distinct, albeit related, senses. The article seeks to demonstrate that the law relating to the topic is unnecessarily complicated, and to suggest ways in which it might be simplified.

A tentative determination of upwelling influence on the paleo-surficial marine water reservoir effect in southeastern Brazil.

Previous work has suggested that seasonal and inter-annual upwelling of deep, cold, radiocarbon depleted waters from the South Atlantic has caused variations in the reservoir effect (R) through time along the southern coast of Brazil. This work aims to examine the possible upwelling influence on the paleo-reservoir age of Brazilian surficial coastal waters based on paired terrestrial/marine samples obtained from archaeological remains. On the Brazilian coast there are hundreds of shell-middens built up by an ancient culture that lived between 6500 to 1500 years ago, but there are few located on open coast with a known upwelling influence. Three archaeological sites located in a large headland in Arraial do Cabo and Ilha de Cabo Frio, southeastern coast of Brazil with open ocean conditions and a well-known strong and large upwelling of the Malvinas/Falkland current were chosen for this study. The 14C age differences between carbonized seed and marine samples varied from 281 ± 44 to 1083 ± 51 14C yr. There are also significant age differences between carbonized seed samples (977 14C yr) and marine samples (200 and 228 14C yr) from the same archaeological layer that cannot be explained by a reservoir effect or an old-wood effect for charcoal. Therefore the present data from the southeastern Brazilian coast are inconclusive for identifying an upwelling effect on R. To do so it would be necessary to more precisely define the present-pre-bomb R in upwelling regions and to analyze paired marine/terrestrial samples that are contemporaneous beyond doubt.

SO and CS observations of molecular clouds - II. Analysis and modelling of the abundance ratios - probing O-2/CO with SO/CS?

We here analyse the observational SO and CS data presented in Nilsson ct al. (2000). The SO/CS integrated intensity ratio maps are presented for 19 molecular clouds, together with tables of relevant ratios at strategic positions, where we have also observed (SO)-S-34 and/or (CS)-S-34. The SO/CS abundance ratio as calculated from an LTE analysis is highly varying within and between the sources. Our isotopomer observations and Monte Carlo simulations verify that this is not an artifact due to optical depth problems. The variation of the maximum SO/CS abundance ratio between the clouds is 0.2-7. The largest variations within a cloud are found for the most nearby objects, possibly indicating resolution effects. We have also performed time dependent chemical simulations. We compare the simulations with our observed SO/CS abundance ratios and suggest a varying oxygen to carbon initial abundance, differing temporal evolution, density differences and X-ray sources associated with young stellar objects as possible explanations to the variations. In particular, the observed variation of the maximum SO/CS abundance ratio between the clouds can be explained by using initial O/C+ abundance ratios in the range 1.3-2.5. We finally derive a relationship between the SO/CS and O-2/CO abundance ratios, which may be used as a guide to find the most promising interstellar O-2 search targets.

So mechanical or routine: The not original in Feist

The United States Supreme Court case of 1991, Feist Publications, Inc. v. Rural Tel. Service Co., continues to be highly significant for property in data and databases, but remains poorly understood. The approach taken in this article contrasts with previous studies. It focuses upon the “not original” rather than the original. The delineation of the absence of a modicum of creativity in selection, coordination, and arrangement of data as a component of the not original forms a pivotal point in the Supreme Court decision. The author also aims at elucidation rather than critique, using close textual exegesis of the Supreme Court decision. The results of the exegesis are translated into a more formal logical form to enhance clarity and rigor.


The insufficiently creative is initially characterized as “so mechanical or routine.” Mechanical and routine are understood in their ordinary discourse senses, as a conjunction or as connected by AND, and as the central clause. Subsequent clauses amplify the senses of mechanical and routine without disturbing their conjunction.


The delineation of the absence of a modicum of creativity can be correlated with classic conceptions of computability. The insufficiently creative can then be understood as a routine selection, coordination, or arrangement produced by an automatic mechanical procedure or algorithm. An understanding of a modicum of creativity and of copyright law is also indicated.


The value of the exegesis and interpretation is identified as its final simplicity, clarity, comprehensiveness, and potential practical utility.

Multiproxy evidence for terrestrial and aquatic ecosystem responses during the 8.2 ka cold event as recorded at Hojby So, Denmark

A sediment succession from Hojby So, a lake in eastern Denmark, covering the time period 9400-7400 cal yr BP was studied using high-resolution geochemistry, magnetic susceptibility, pollen, macrofossil, diatom, and algal pigment analysis to investigate responses of the terrestrial and aquatic ecosystems to the 8.2 ka cold event. A reduced pollen production by thermophilous deciduous tree taxa in the period c. 8250-8000 cal yr BP reveal that the forest ecosystem was affected by low temperatures during the summer and winter/early-spring seasons. This finding is consistent with the timing of the 8.2 ka cold event as registered in the Greenland ice cores. At Hojby So, the climate anomaly appears to have started 200-250 yr earlier than the 8.2 ka cold event as the lake proxy data provide strong evidence for a precipitation-induced distinct increase in catchment soil erosion beginning around 8500 cal yr BP. Alteration of the terrestrial environment then resulted in a major aquatic ecosystem change with nutrient enrichment of the lake and enhanced productivity, which lasted until c. 7900 cal yr BP. (C) 2009 University of Washington. Published by Elsevier Inc. All rights reserved.