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A Case Study on the Fundamental Breach of Contract and its Application for the Avoidance of Contract and Requiring Substitute Goods under the CISG (국제물품매매계약에 관한 UN협약(CISG)상 근본적 계약위반과 이를 원용한 계약해제권과 대체품청구권에 관한 판례연구)

  • PARK, Eun-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.47-73
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    • 2015
  • This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

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Roles of Forkhead-box Transcription Factors in Controlling Development, Pathogenicity, and Stress Response in Magnaporthe oryzae

  • Park, Jaejin;Kong, Sunghyung;Kim, Seryun;Kang, Seogchan;Lee, Yong-Hwan
    • The Plant Pathology Journal
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    • v.30 no.2
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    • pp.136-150
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    • 2014
  • Although multiple transcription factors (TFs) have been characterized via mutagenesis to understand their roles in controlling pathogenicity and infection-related development in Magnaporthe oryzae, the causal agent of rice blast, if and how forkhead-box (FOX) TFs contribute to these processes remain to be characterized. Four putative FOX TF genes were identified in the genome of M. oryzae, and phylogenetic analysis suggested that two of them (MoFKH1 and MoHCM1) correspond to Ascomycota-specific members of the FOX TF family while the others (MoFOX1 and MoFOX2) are Pezizomycotina-specific members. Deletion of MoFKH1 (${\Delta}Mofkh1$) resulted in reduced mycelial growth and conidial germination, abnormal septation and stress response, and reduced virulence. Similarly, ${\Delta}Mohcm1$ exhibited reduced mycelial growth and conidial germination. Conidia of ${\Delta}Mofkh1$ and ${\Delta}Mohcm1$ were more sensitive to one or both of the cell cycle inhibitors hydroxyurea and benomyl, suggesting their role in cell cycle control. On the other hand, loss of MoFOX1 (${\Delta}Mofox1$) did not show any noticeable changes in development, pathogenicity, and stress response. Deletion of MoFOX2 was not successful even after repeated attempts. Taken together, these results suggested that MoFKH1 and MoHCM1 are important in fungal development and that MoFKH1 is further implicated in pathogenicity and stress response in M. oryzae.

Application and evaluation of design projects: A case study in a mechanics of materials course (디자인 프로젝트의 적용과 평가: 재료역학 수업의 사례연구)

  • Kim Ju-Hu
    • Journal of Engineering Education Research
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    • v.6 no.1
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    • pp.15-21
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    • 2003
  • This paper reports the results of course restructuring employing design projects in an introductory mechanics of materials course at Pennsylvania State University. Unlike traditional lecture courses, students were encouraged to learn the rudiments of mechanical design and how materials standards, economics, manufacturing, environmental, legal (liability) and societal (safety) concerns relate to design. Through conducting collaborative design projects, the instructors helped students to acquire more advanced skills such as team-based decision making, integration and establishment of criteria, use of modern design theory, consideration of alternative solutions, and application of realistic constraints. In order to examine the impact of new course changes on students' learning, a survey was conducted in 1998 Fall semester. According to the results of survey analyses, students reported high values on this introductory mechanics of materials course. However, they did not give high values on the design projects. Rather, they preferred lecture sessions. Additionally, it was also found that students who earned higher grades from a prerequisite course(statics) showed lower values on the design projects. Implications for engineering educators and suggestions for future research studies were discussed.

The Study on the Perception Difference in the Engineering Education between Industrial Managers and Engineering Faculties and the Way to Resolve This Difference (공과대학 교육에 대한 교수와 기업담당자의 인식차이 및 해소방안 연구 - 경원대학교를 중심으로 -)

  • Yoo, In-Sang
    • Journal of Engineering Education Research
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    • v.13 no.6
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    • pp.49-56
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    • 2010
  • In this study, we investigated the perception difference of industrial managers and engineering faculties in the engineering education, and searched for a rational solution to resolve this perception differences. Both engineering faculties and industrial managers place strong emphasis on practical training, but they showed a significant difference in addressing the issues on the graduates of engineering education have. This different perceptions are occurred since the industrial managers prefer "the instant(or ready-made) human resource type", the ones to put to work right away whereas professors prefer the ones with the strong basic knowledge, "the potential human resource type", who may in the long run contribute to the development of the industry. We believe Finland Helsinki Engineering School's co-op course and Pennsylvania State University's Capstone Design Education are the good examples of nurturing "practical" human resource although both programs are conducted in very different imaginative ways.

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Numerical investigation of flow characteristics through simple support grids in a 1 × 3 rod bundle

  • Karaman, Umut;Kocar, Cemil;Rau, Adam;Kim, Seungjin
    • Nuclear Engineering and Technology
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    • v.51 no.8
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    • pp.1905-1915
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    • 2019
  • This paper investigated the influence of simple support girds on flow, irrespective of having mixing vanes, in a 1 × 3 array rod bundle by using CFD methodology and the most accurate turbulence model which could reflect the actual physics of the flow was determined. In this context, a CFD model was created simulating the experimental studies on a single-phase flow [1] and the results were compared with the experimental data. In the first part of the study, influence of mesh was examined. Tetra, hybrid and poly type meshes were analyzed and convergence study was carried out on each in order to determine the most appropriate type and density. k - ε Standard and RSM LPS turbulence models were used in this section. In the second part of the study, the most appropriate turbulence model that could reflect the physics of the actual flow was investigated. RANS based turbulence models were examined using the mesh that was determined in the first part. Velocity and turbulence intensity results obtained on the upstream and downstream of the spacer grid at -3dh, +3dh and +40dh locations were compared with the experimental data. In the last section of the study, the behavior of flow through the spacer grid was examined and its prominent aspects were highlighted on the most appropriate turbulence model determined in the second part. Results of the study revealed the importance of mesh type. Hybrid mesh having the largest number of structured elements performed remarkably better than the other two on results. While comparisons of numerical and experimental results showed an overall agreement within all turbulence models, RSM LPS presented better results than the others. Lastly, physical appearance of the flow through spacer grids revealed that springs has more influence on flow than dimples and induces transient flow behaviors. As a result, flow through a simple support grid was examined and the most appropriate turbulence model reflecting the actual physics of the flow was determined.

Ethnic Differences in Allelic Frequencies of Two (CA)n Microsatellite Markers Located on Chromosome 5q

  • Hong, Sung-Soo;Chae, Jae-Jin;Goh, Sung-Ho;Yong, Koong-Nam;Lee, Chung-Choo
    • Animal cells and systems
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    • v.1 no.1
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    • pp.123-128
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    • 1997
  • The characteristics of allelic polymorphisms of the two (CA)n microsatellite (p599 and ㅅ599) markers spanning the long arm of chromosome 5 were studied in 52 DNA samples from unrelated inhabitants of Seoul (Korea) by using the polymerase chain reaction (PCR) to investigate differences in allele frequencies between Korean and Caucasian populations. The 6 alleles were observed for p599 (CA)n with a polymorphism informative content (PIC) value of 0.71 and 9 alleles for ㅅ599 (CA)n with a PIC value of 0.82. The observed heterozygote frequencies of the loci were estimated to 0.730 and 0.846, respectively. Several allele frequencies of two loci showed significant differences between Korean and Caucasian populations. Genotype data from the two loci were consistent with the Hardy-Weinberg equilibrium by x2 test. Linkage disequilibrium between p599 (CA)n and ㅅ599 (CA)n loci was observed in x2 test between the observed and expected frequency of allelic association. The probability of matching calculated at each locus was 0.104 for p599 (CA)n and 0.043 for ㅅ599 (CA)n, respectively. These results demonstrate the need to determine populationspecific allele frequency distributions for polymorphic markers when performing genetic linkage studies in racially defined several populations.

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PRK1, a Receptor-like Kinase from Petunia inflata, is Essential for Post-meiotic Development of Pollen and Embryo Sac

  • Pai, Hyun-Sook;Karunanandaa, Balasulojini;Gilroy, Simon;Kao, Teh-Hui
    • Proceedings of the Botanical Society of Korea Conference
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    • 1996.07a
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    • pp.48-60
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    • 1996
  • We previously identified and characterized a predominantly pollen-expressed gene of Petunia inflata that encodes a receptor-like kinase named PRK1. The extracellular domain of PRK1 contains leucine-rich repeats which have been implicated in protein-protein interactions, and the cytoplasmic domain was found to autophosphorylate on serine and tyrosine. To investigate the function PRK1 in pollen development, we transformed P. inflata plants with a construct containing the promoter of a predominantly pollen-expressed gene of tomato, LAT52, fused to an antisense PRK1 cDNA corresponding to part of the extracellular domain of PRK1, There transgenic plants were found to each produce approximately equal amounts of normal and aborted pollen. Analysis of the inheritance of the transgene inserts in two of the transgenic plants, ASRK-13 and ASRK-20, to their progeny revealed that certain transgene inserts cosegregated with the pollen abortion phenotype. Microscopic examination of the aborted pollen grains showed that their outer wall, the exine, was essentially normal, but that their cytoplasm contained only starch-like granules. Staining of the nuclei of the microspores at different stages of uninucleate stage. However, at subsequent stages half of the microspores completed mitosis and developed into normal binucleate pollen, but the other half initially remained uninucleate, then lost their nucleio. Analysis of the amounts of PRK1 mRNA and the antisense PRK1 transcript suggested that the pollen abortion phenotype most likely resulted from down-regulation of the PRK1 gene by the antisense PRK1 transgene. These results suggest that PRK1 plays an essential role in a signal transduction pathway that mediates post-meiotic development of microspores.

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Characterization of the High-temperature Isothermal Aging in USC Ferritic Steel Using Reversible Permeability (가역투자율을 이용한 초초임계압 페라이트기 강의 고온 등온열화 평가)

  • Kim, Chung-Seok;Ryu, Kwon-Sang;Nahm, Seung-Hoon;Lee, Seung-Seok;Park, Ik-Keun
    • Journal of the Korean Magnetics Society
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    • v.19 no.3
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    • pp.100-105
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    • 2009
  • The high-temperature isothermal aging is studied in ultra-supercritical steel, which is attractive to the next generation of power plants. The effects of microstructure on reversible permeability are discussed. Isothermal aging was observed to coarsen the tempered carbide ($Cr_{23}C_6$), generate the intermetallic ($Fe_2W$) phase and grow rapidly during aging. The dislocation density also decreases steeply within lath interior. The dynamic coercivity, measured from the peak position of the reversible permeability profile decreased drastically during the initial 500 h aging period, and was thereafter observed to decrease only slightly. The variation in dynamic coercivity is closely related to the decrease in the number of pinning sites, such as dislocations, fine precipitates and the martensite lath.

A Semi-Active Control of the Combustion Instability in a Ducted Premixed Flame (덕트 형상 연소기의 연소불안정에 대한 Semi-Active Control)

  • Song, Jae-Cheon;Song, Jin-Kwan;Hwang, Jeong-Jae;Yoon, Young-Bin;Lee, Jong-Guen
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.37 no.11
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    • pp.1131-1139
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    • 2009
  • Combustion Instabilities are caused by a coupling between acoustic waves and unsteady heat release. They can be eliminated using passive controller such as a Helmholtz resonator. But, Helmholtz resonator is normally only effective over a narrow frequency range. In this work, Helmholtz resonator is applied for reducing the combustion oscillations and we vary the Helmholtz resonator volume using piston in oder to tune in the wide range of operating conditions. As the result, it is found that the dominant combustion oscillations can be largely reduced by optimizing the size of resonator volume. And, interesting relation for phase difference of dynamic pressure both combustor and the helmholtz resonator are presented in this paper. Also, we investigate semi-active control using Helmholtz equation and phase difference.

Diagnosis and Monitoring of Socket Welded Pipe Damaged by Bending Fatigue Using Acoustic Emission Technique (음향방출법을 이용한 굽힘피로 손상된 소켓용접배관의 진단 및 감시)

  • Kim, C.S.;Oh, S.W.;Park, Ik-Keun
    • Journal of the Korean Society for Nondestructive Testing
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    • v.28 no.4
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    • pp.323-330
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    • 2008
  • High cycle bending fatigue of socket welded small bore pipe was characterized, and also the fatigue crack initiation of small bore pipe was monitored in situ by the acoustic emission (AE) technique. The STS 316L stainless steel specimens were prepared by gas tungsten arc welding (GTAW) process having the artificial defect (i.e., lack of penetration) and defect free at the root. The fatigue failure was occurred at the loc for high stress and root for relatively low stress. The crack initiation cycles ($N_i$) was defined to the abrupt increase in AE counts during the fatigue test, and then the cracks were observed by the radiographic test and electron microscope before and after the fatigue crack initiation cycles. The socket welded pipe damaged by bending fatigue was studied regarding the welding defect, failure mode, and crack initiation cycles for the diagnosis and monitoring.