• Journal of Arbitration Studies
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• v.24 no.2
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• pp.109-136
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• 2014

The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.

• Biomedical Science Letters
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• v.13 no.3
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• pp.213-221
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• 2007

This study was designed to investigate the correlation between the expression rate of p53 and p21 proteins, c-erbB-2 oncoprotein and $TGF-{\beta}1$ and tumor prognostic factors in colon cancer including the tumor size, histological differentiation and Dukes' stage. The expression rate of p53 protein was 11.4% (4 cases) at well differentiation, 48.6% (17 cases) at moderately differentiation, and 17.1% (6 cases) at poorly differentiation. In other words, the poorer differentiation, the higher the expression rate of p53 protein (P<0.05). The expression rate of p21 protein was 17.1% (6 cases) at well differentiation, 40.0% (14 cases) at moderately differentiation, and 8.6% (3 cases) at poorly differentiation, indicating that, as the histological malignant degeneration progressed, the expression rate of p21 protein decreased distinctively (P<0.05). However, the correlation of the above mentioned proteins with tumor size and Dukes' stage was not recognized. The expression rate of c-cerbB-2 oncoprotein was 11.4% (4 cases) at well differentiation, 54.3% (19 cases) at moderately differentiation, and 17.1% (6 cases) at poorly differentiation, indicating that the poorer differentiation, the higher expression rate of c-erbB-2 oncoprotein (P<0.05). The expression rate of $TGF-{\beta}1$ was 17.1% (6 cases) at well differentiation, 48.6% (17 cases) at moderately differentiation, and 11.4% (4 cases) at poorly differentiation. As Dukes' stage progressed, the expression rate of $TGF-{\beta}1$ was 8.6% (3 cases) in stage A, 20.0% (7 cases) in stage B, 37.1 % (13 cases) in stage C, and 11.4% (4 cases) in stage D. There was a difference in expression rates between Dukes' stages (P<0.05). In 10 cases, p53 protein was positive while p21 protein was negative, and in 6 cases, p53 protein was negative whereas p21 was positive (P<0.05). Therefore, a statistically significant inverse correlation between the expression rate of p53 protein and that of p21 protein was observed. In conclusion, since there was a signigicant correlation between histological differentiation of colon cancer and the expressions of p53 and p21 proteins and c-erbB-2 oncoprotein, and between Dukes' stage and the expression of $TGF-{\beta}1$, it was conformed that the overexpression of p53 and p21 proteins, c-erbB-2 oncoprotein, and $TGF-{\beta}1$ is closely associated with the occurrence of colon cancer and its progress. Accordingly, this study may be greatly beneficial to the presumption of diagnosis, treatment and prognosis of colon cancer patients.

• Restorative Dentistry and Endodontics
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• v.25 no.4
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• pp.587-598
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• 2000

Urea in the oral cavity is hydrolyzed mainly by bacterial ureases to ammonia, which in turn, raises pH of the oral environment, maintaining oral pH homeostasis, thereby inhibiting dental caries. Streptococcus salivarius has been shown to be a major contribution to oral ureolysis. Synthesis of urease by S. salivarius appears to be constitutive, but can be greatly enhanced in the acidic environment. It has been presumed that ureolytic activity of S. salivarius strains isolated from caries-active site is greater than that of strains from caries-free site. However, no in vivo study has supported the presumption. The present study was performed to observe the ureolytic activity of S. salivarius strains isolated from different environments in the same individual, finding out whether the ureolytic activity is related to dental caries. For the purpose, S. salivarius strains were isolated from caries-active site (>C2), a caries-free site of the tooth, and the dorsum of the tongue of each of 50 patients having decayed teeth. The strains isolated from the patients who harbored S. salivarius in more than two sites were selected and then their ureolytic activities were measured. In order to examine clonal diversity of the strains, their ureC genes were amplified by polymerase chain reaction (PCR) and then restricted with EcoRV, and the protein profiles of the strains were compared by SDS-PAGE. The results were as follows: 1. Of 50 patients, 13 patients harbored S. salivarius in more than two sites; a total of 61 S. salivarius strain were isolated from the patients and selected for the study. 2. Of 17 isolates from the caries-active site of 9 patients harboring S. salivarius in more than two sites including carious lesion, 10 (58.8%) showed a high ureolytic activity (> 200 ${\mu}mol/min/mg$). While, 19 out of 44 isolates (43.2%) from the caries-free site of the teeth and the dorsum of the tongues of 13 patients were the strains with a high ureolytic activity. 3. Of 9 patients harboring S. salivarius in more than two sites including caries-active site. 6 patients were found to have the strains in the caries-active site showing a lower ureolytic activity than the strains in the other sites. 4. Of 34 isolates with ureolytic activity higher than 40 ${\mu}mol/min/mg$, 32 isolates produced 0.54-Kbp PCR products regardless of the sites of bacterial collection. In contrast, of 27 isolates with ureolytic activity lower than 40${\mu}mol/min/mg$, 26 isolates yielded 1.3-Kbp PCR products or none regardless of the sites. 5. Different clonal types of S. salivarius with relatively higher and lower ureolytic activities were found in the same individuals and even in the same sites. 6. None of strains showing different ureolytic activity appeared to be the same clonal type. The overall results suggest that ureolytic activity of the isolates does not appear to be related to differences of the environments but related to their own genetic traits.

• International Journal of Highway Engineering
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• v.10 no.3
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• pp.171-178
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• 2008

Compressive strength of concrete has been regarded as a very important parameter of the quality control both in new and existing concrete pavement. It has been used a lot as the concrete strength evaluation both in the various-mixture-using laboratory and construction field using the same mixture. An error usually occurs in the test experiments of the strength, even in the test experiments with evenly mixed and compacted specimens of the compressive strength. It is caused by the 'manually operated' compressing testing, or by the specimens preparation with eccentricity. When compressive strength of evenly mixed concrete is investigated by the curing ages at the construction field, there have to be lots of specimens. And it needs much labor and cost. To substitute the endlessly repeated test experiments of compressive strength, presumption of compressive strength, by nondestructive tests, is needed. In this study, elastic waves were used among various nondestructive tests. Compressive strength of concrete was presumed according to the curing ages, by using the shear wave velocity which is not affected by restricted conditions. In the result, shear wave velocity is very closely related to the compressive strength at the evenly mixed concrete.

• Journal of the Korean Society of Radiology
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• v.6 no.6
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• pp.483-487
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• 2012

In 1895, the discovered X-ray is used for not only in this field of medicine wide but also field. The detection of radiation after, people realized the risk of the radiation exposured recommended the principle about the protection of radiation by the part of the effort for lowering the radiation exposure. In this recommendation, all unnecessary radiation exposure have to be prevented by All doses include the protection of radiation, general idea of applicable two kinds of that it has to low maintain. Presently, in the General X-ray room of the clinical, the lead (Pb) was used for the shielding, However, because it had the problem of the lead poisoning which is fatal in the human body, the alternatives was showed. and Among them, the material that it is the tungsten was presented. in this research, the absorbed spectrum according to the thickness in the continuous X-ray energy of the tungsten which is not harmful to the human body through the Monte Carlo simulation, tried to compare with the absorbed spectrum of the lead (Pb). The tungsten confirmed that simulation presumption than result lead in the whole domain that absorbed probability was higher and it is considered that tungsten shows the absorbed efficiency higher than the lead in particularly, 70 keV ~ 90 keV and the tungsten is more useful to the X-ray energy cover of the high energy diagnostic area.

• The Journal of Korean Medicine
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• v.19 no.1
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• pp.299-326
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• 1998

1. Comparison of demand and supply A. Assumption of estimation of demand and supply we will briefly assumptions used for presumption once more before comparing the result of estimation of demand and supply examined previously 1) supply - The average applying rate for state. examination of graduate: ${\alpha}$=1.03109 - The ratio of successful applicants of state examinations: ${\beta}$=0.97091 - Mortality classified by age : presumed data of the Bureau of statistics - Emigrating rate: 0 % - Time of retire: unconsidered - An army doctor number: unconsidered and regard number of employed oriental medicine doctor. - Standard of 1995 : The number of survival oriental medicine doctor is 8195. the number of employed oriental medicine doctor is 7419. 2) demand - derivated demand method Daily the average amount of medical treatment: according to medical insurance federation data. there is 16 or 6 non allowance patient, we consider amount of medical treatment as 22 persons in practical because 21.94 persons (founded practical examination) are converted to allowance in comming demand. Daily the proper amount of medical treatment: 7 hours form -35 persons 5 hours 30 minutes form -28 persons. Yearly medical treatment days: 229 days. 255 days. 269 days . Increasing rate of visiting hospital days: -1996 year. 1997 year. 1998 year- . Rate of applying insurance: yearly average 71.51% (among the investigated patient) B. Comparison of total sum result 1) supply (provision) Table Ⅳ-1 below shows the estimation of the oriental medicine doctor in the future.