text:
\section{Introduction}

Nanofluidic transport exhibits novel interesting properties, spurring different applications in the analysis of the (bio) chemical and physical properties of small numbers of molecules \cite{Stone2004, Squires2005, Dittrich2006, Whitby2007, Schoch2008, Simon2008, Piruska2010, Kirby2010, Tabeling2014}. One issue of interest is the spontaneous imbibition of fluids in bodies with nanoscale dimensions. Given the dominance of capillary forces at small length scales, it provides an elegant and effective way to propel nanoflows and is frequently employed for the synthesis of novel hybrid materials \cite{Yuan2008, Lang2011, Wang2013} or used in the functionality of nano-devices \cite{Schoch2008, Piruska2010}. Moreover, it can be exploited to explore the rheology of liquids in spatial confinement \cite{Shin2007, Gruener2011} or characteristics of the imbibition geometry on the nanometer scale \cite{Elizalde2014}.

Even for nanoscale pores, theory and experiment confirm the classic Lucas-Washburn law, which predicts a square-root of time imbibition kinetics \cite{Gelb2002,Dimitrov2007, Tas2004,Han2006, Huber2007, Gruener2009, Gruener2011, Gruener2012}. Additionally imbibition dynamics are determined by the geometry of the porous host, the fluid-wall interaction, the fluidity and capillarity of the liquid imbibed. Those properties are static or hardly externally changeable during the transport process, rendering a flexible, active control of the fluid flow, as it is desirable in view of possible applications of imbibition in nano- or microfluidic systems \cite{Whitby2007,Wheeler2008}, very challenging.

Here, we explore a strategy for achieving control over the imbibition kinetics. The distinguishing aspect of our approach is the use of a metallic nanoporous host structure. This allows us to tune the solid-liquid interfacial tension by a potential applied directly to the porous metal. In this way, the driving force for imbibition can be manipulated and -- as we show -- the fluid flow can be switched on and off at will by small voltages.

Macroscopic bodies of nanoporous metal, and specifically nanoporous gold (NPG) are readily fabricated by the controlled electrochemical corrosion (``dealloying") of Ag-Au alloy \cite{LiSieradzki1992,Erlebacher2001,Parida2006,Hodge2007,Jin2011}. Porous metal made in this way exhibits a bicontinuous microstructure, consisting of a uniform network of nanoscale ligaments which is interpenetrated by a geometrically similar open pore space with a pore volume fraction of typically $\sim$70$\%$. The ligament- and pore size is uniform and can be tailored from 5 nm to microns. Reconstruction of the NPG structure by electron tomography confirms the connectivity of the nanopores \cite{Roesner2007,Fujita2008}.
The high electric conductivity along with the pathways for ionic and/or fluid transport in the pore space provides various opportunities for creating novel functional materials in which external strain, electric resistance, or mechanical strength are controlled through electric or chemical signals \cite{KramerNanoLetters2004,BienerNatureMater2009,Wahl2010,Jin2011,Detsi2012,Weissmueller2010}. The efficient transport and storage of charge has also prompted studies of the material for application as a supercapacitor \cite{Lang2011}.

Here, we show that nanoporous gold also presents novel opportunities for investigating and controlling nanofluidic transport. We start out by verifying that spontaneous imbibition of aqueous electrolyte in NPG follows the classic Lucas-Washburn law. We then demonstrate that electrocapillary effects enable the active control of capillary flow. The spontaneous imbibition of aqueous electrolytes into NPG is accelerated when a potential is applied. Furthermore, when the driving force for imbibition is diminished by letting the aqueous electrolyte be imbibed by cyclohexane-saturated NPG, the fluid flow can get switched on and off by the potential.

\noindent{\bf Results}

\noindent{\bf Introductory remarks.} All experiments were carried out at controlled ambient temperature, 22$^\circ$C, using cylindrical NPG samples, 1.08 mm in diameter and 10 mm in length, of uniform ligament size $d$ = 45 nm as determined from an analysis of electron micrographs (see Fig. \ref{fig_setup}b). The synthesis by electrochemical dealloying of a Ag-Au solid solution master alloy made by arc melting and wire drawing is described in Methods. Volumetric nitrogen sorption isotherms were recorded from the samples at a temperature of 77 K. Their analysis by the Barrett-Joyner-Halenda (BJH)-method for capillary condensation in pore space \cite{Lowell2004} indicated a width of the ligament diameter distribution of 25\%. Figure \ref{fig_setup}a displays the experimental setup for the imbibition test under potential control. The sample is suspended over the liquid reservoir from a balance. Spontaneous imbibition starts when liquid and sample make contact as the liquid level is raised by filling the reservoir through a syringe. The electrolyte is 1 M KOH solution. The cyclic voltammogram (CV) of Fig. \ref{fig_setup}c is consistent with published data for Au in alkaline solutions \cite{Lipkowski1999}, testifying in particular to pronounced specific adsorption of $\rm OH^-$ at positive values of the electrode potential, $E$, and a wide region of predominantly capacitive charging at more negative $E$ .

It has been demonstrated that the variation of mass, $m$, with time, $t$, during the spontaneous imbibition of water into hydrophilic nanopores follows the simple scaling law results from Lucas and Washburn  \cite{Gruener2011},
\begin{equation}
    \centering
  m(t)=C \sqrt{t}
  \label{eqn_LW}
\end{equation}
where $C$ represents the imbibition coefficient,
\begin{equation}
    \centering
C=\rho A \phi_{0}
\sqrt{\frac{r_0 \sigma_\mathrm{LV} \cos \theta}{2 \tau \eta}} \,,
  \label{eqn_LW_coefficient}
\end{equation}
with the symbols $\rho$ - density of the fluid, $\eta$ - dynamic viscosity, $\phi_0$ - pore volume fraction, $r_0$ - effective pore radius, $\sigma_\mathrm{LV}$ -
liquid-vapor
surface tension, $\tau$ - tortuosity and $A$ - sample cross-sectional area. The tortuosity describes the connectivity and meandering of the pores \cite{Gruener2012}. Straight channels parallel to the flow direction give $\tau=1$. The meandering of the pores inside porous materials increases the length of the flow path and hence increases $\tau$. For isotropically distributed pores, $\tau$ = 3 is generally expected \cite{Bear1972}, since only one third of the pores contribute to the flow under the pressure gradient. A value of $\tau<3$ indicates relatively good connectivity and low meandering of the pores.

\noindent{\bf Imbibition under open-circuit conditions} We started the imbibition experiment under open circuit conditions. Gold surfaces are hydrophilic when exposed in atmosphere, with a gold-water contact angle $\theta \sim 70^\circ$ \cite{Yokomaku2008,Abdelsalam2005}. Therefore, once the electrolyte touches the NPG sample , it is spontaneously imbibed. A jump of mass at the moment of contact can be attributed to the formation of outside menisci at the liquid-solid-air triple line~\cite{Gruener2009}. Since we are only interested in the capillary flow inside the nanopores, the initial jump has been subtracted from all data. Residual deviation from pure imbibition behaviour can be linked to the evolution of the outside meniscus during the first tens of seconds. Furthermore, the presence of precursor films spreading ahead of the invasion front of nanopores may also contribute to an initial transient behavior ~\cite{Chibbaro2008, Engel2010}.

Figure~\ref{OCP} presents a  plot of the imbibed mass,  $m$, versus the square root of the time, $t^{1/2}$. While the data at $t < 25$ is affected by the meniscus formation, the graph at longer times is linear. This confirms that our data agree with the Lucas-Washburn law. The slope of the linear fit indicates $C =  0.36 \pm 0.01 {\rm mg \cdot s}^{-1/2}$. According to equation (\ref{eqn_LW_coefficient}), $C$ depends on the liquid properties, the structure size and topology of the porous host material, and on the contact angle.

With an eye on estimating the tortuosity based on the experimental $C$ value, we inspect the effective pore radius of the NPG microstructure in Fig. \ref{fig_setup}b. Approximating the ligaments as cylinders of diameter $d$, one may estimate $r_0$ from the analysis of wetting in pillar arrays in ref. \citenum{Lobaton2007}. Here, $ r_0$ is matched to the minimum surface suspended between cylindrical pillars in a hexagonal array, see the inset in Fig. \ref{OCP}. This leads to \cite{Lobaton2007}
\begin{equation}
    \centering
  r_0 = \frac{\phi_0}{2(1-\phi_0)}d.
  \label{eqn_CapRadi}
\end{equation}

Note that previous studies found that, for volume of NPG prepared under the present conditions, the pore volume fraction to agree closely with the less noble metal atom fraction, implying here $\phi_0 = 0.75$ \cite{Jin2009,Wang2013} and, by equation (\ref{eqn_CapRadi}), $r_0=68$ nm. With that result, and using the experimental $C$ value, the density ($\rho$ = 1.046 g/ml~\cite{Akerlof1941}), surface tension ($\sigma_\mathrm{LV}$ = 73.9 mN/m~\cite{Weissenborn1996}) and viscosity ( $\eta$ $\sim$ 1.054 cP) values for 1 M KOH aqueous solution, equation (\ref{eqn_LW_coefficient}) leads to $\tau = 3.2 \pm 0.2$. This result agrees closely with an experimental result for the tortuosity of nanoporous Vycor glass that shows a bicontinuous topology similar to NPG ($\tau_{\rm Vycor} = 3.5 \pm 0.3$ \cite{Gruener2011}).

The value of $\tau=3.2$ for NPG confirms the previous findings for contiguity, connectivity and isotropy of the pore space in NPG~\cite{Roesner2007,Fujita2008}. This characteristics is favorable for efficient fluid transport. In order to assess the suitability of the material for capillary pumping, let us inspect the capillary pressure, $P_{\rm c}$ in its pore space. Based on $ P_{\rm c} = 2 \sigma_\mathrm{LV}  \cos \theta / r_0$ ~\cite{Gruener2011}, we obtain the estimated value as  $P_{\rm c} \sim 0.74$  MPa or 7.4 bar. In this context it is also of interest to estimate the average flow rate. For the experiment of Fig.~\ref{OCP} (sample length 1 cm), this parameter is obtained as 21 nL/s$\cdot$mm$^2$. This compares favorably to the result obtained with microstructures of similar length but larger channel size, etched in silicon, which result in 0.7-12nL/s $\cdot$mm$^2$  (ref.~\citenum{Zimmermann2007}).

\noindent{\bf Imbibition at potential.} While the open-circuit experiment is an example for imbibition under charge control, it is also instructive to explore the consequences of controlling the electrode potential on the imbibition kinetics. As a preliminary, we estimate the change of the contact angle with electrode potential and inspect its impact on the imbibition rate using equation (\ref{eqn_LW}).
Changes in contact angle as the function of the electrode potential are routinely studied in electrowetting experiments. As compared to the conventional approach, which uses a planar surface covered with a smooth dielectric layer, electrowetting directly on planar metallic electrodes -- which is analogous to our experiment with a porous metal -- requires a low operating voltage. Such a scheme has been demonstrated for actuating fluidic transportation in microchannels \cite{Satoh2004}.
Electrowetting studies on clean planar gold surfaces, using 1 M KCl aqueous solution, have found a change in  contact angle between 70$^\circ$ at open circuit potential (OCP) to $\sim$30$^\circ$ at -1 V (vs. Ag/AgCl) \cite{Yokomaku2008}. In order to compare the wetting properties of 1M KCL and 1M KOH on gold, we determined the imbibition coefficient for 1M KCL. The result, $C$ = 0.37 mg$\cdot$s$^{1/2}$, is well compatible with the $C$ = 0.36 mg$\cdot$s$^{1/2}$ for  1M KOH as discussed above. This suggests that similar changes in contact angle can be expected for both systems. Therefore, according to equation (\ref{eqn_LW}), an acceleration of imbibition by $\sim$60$\%$  can be expected in potential range between OCP and -1V. We have tested that prediction, as will now be explained.

Imbibition of electrolyte by NPG at potential was studied in the potential range between -1 V  and +0.2V. The upper limit was imposed by the need to avoid gas bubbles from oxygen evolution. Mass transients during imbibition at four discrete potential values are shown in Fig. \ref{fig_imbi_potential}a. Linear graphs, similar to those of Fig. \ref{OCP}, confirm that the Lucas-Washburn law holds for the experiments at potential.

The above linearity indicates that the potential-dependent contact angle remains at equilibrium during imbibition. In other words, the ionic transport is sufficiently fast to ensure superficial charging near equilibrium throughout the wetted pore space and up to the imbibition front.
By means of verification, we investigated the charging kinetics in a fully wetted sample by step coulometry, that is, by recording transients of charging current subsequent to potential jumps. The potential was initially held at a reference value of -0.1 V, close to the `potential of zero charge' (PZC) until no current flowed. The potential was then switched to the value of interest and kept constant while the current transient was recorded. The results, which are plotted in Fig.~\ref{fig_current}, indicate a half-current-time scale of 0.1 and 1s. This is indeed much faster than the imbibition times in all experiments.

Figure~\ref{fig_imbi_potential}c shows the potential dependence of the imbibition coefficients, $C$, which are obtained as the slopes of straight lines of best fit to the data of Fig.~\ref{fig_imbi_potential}a. For display in the figure, the coefficients were normalized to the imbibition coefficient, $C_0$, at the OCP. The value of the latter was -50 mV during the experiments described in the previous section. It is apparent that the experiment puts $C$ at minimum (slowest imbibition) at the OCP. This potential-dependence will now be discussed.

The solid-electrolyte interfacial tension, $\sigma_\mathrm{SL}$, obeys the Lippmann equation \cite{Lippmann1875},
\begin{equation}
\label{Eq:Lippmann_equation}
\centering
\mathrm{d} \sigma
_\mathrm{SL} = - q \mathrm{d} E
\end{equation}
with $q$ the charge density (charge per unit area). As the capacitance is always positive, the surface tension is at maximum at the PZC, where $q=0$. The decrease in $\sigma_\mathrm{SL}$ upon charging will enhance the wetting. This is a well-known consequence of the Young equation, $\sigma_\mathrm{LV} \cos  \theta =\sigma_\mathrm{SV}-\sigma_\mathrm{SL}$, where $\sigma_\mathrm{SV}$ is the solid-vapor interface energy. Thus, a minimum in the imbibition rate is expected at the PZC.

A rough estimate of the PZC can be obtained independently by the immersion method \cite{Bockris1969}, that is, by recording the open-circuit potential when the dry sample is immersed in 1 M KOH. The immersion potential was found at -100 $\pm$ 50 mV. This is indeed close to the potential of minimum $C$.

The expected impact of potential on the imbibition rate may be quantified based on the variation, $\Delta \sigma_\mathrm{SL}$, of the solid-liquid interfacial tension as computed by integrating the Lippmann equation.
To this end a first integration of the experimental CV of Fig.~\ref{fig_setup}c yields $q(E)$, with the constant of integration set by the PZC. The minimum in $C$, as our most reliable relevant observation, puts the PZC at $E_{\rm zc} = -0.05 \pm 0.05 \rm V$.
A second integration then yields $\Delta \sigma_\mathrm{SL}$, as shown in Fig.~\ref{fig_imbi_potential}b.
As a measure for the acceleration of the imbibition, the ratio $C/C_0$ is then obtained via the relation -- readily verified by comparison to equation (\ref{eqn_LW_coefficient}) -- $C/C_0 = (1 - \Delta \sigma_\mathrm{SL} /(\sigma_\mathrm{LV} \cos \theta_0 ) )^{1/2}$.
Figure ~\ref{fig_imbi_potential}c compares the result to the experimental imbibition rate constants. It is seen that the two independent approaches to the imbibition rate agree reasonably well in the vicinity of the PZC. For potentials farther from the PZC, the slower-than-predicted imbibition is compatible with the empirically well established contact-angle saturation in electrowetting\cite{Mugele2005,Kornyshev2010}. These findings support our discussion of electrocapillarity as the origin of the accelerated imbibition.

\noindent{\bf Imbibition into cyclohexane-saturated NPG.} Our results so far demonstrate that electrocapillary effects can be used to accelerate the capillary flow in NPG. In order to realize even stronger control on the imbibition kinetics, we probe the strategy that replaces air as the pore fluid with cyclohexane.
This is mainly motivated by the low interfacial tension of the metal-cyclohexane interface. As a consequence, the driving force for imbibition of the aqueous electrolyte is reduced when the pores are initially wetted by cyclohexane. A small change in the electrolyte-metal surface tension, as can be achieved by varying the electrode potential, may then be sufficient to significantly change or even invert the imbibition.
Cyclohexane has similar viscosity to water. Its lower density and immiscibility with water enable it to float on water. It is known that smooth metal surfaces are generally more oleophilic than hydrophilic \cite{Fox1955}, so that once NPG is saturated with cyclohexane, it is impossible to imbibe it with an aqueous electrolyte. However, electrocapillary effects provide the opportunity to tune the interface energy between the electrolyte and metallic electrode surfaces, and thus control the relative wettability of water and cyclohexane on the metal surface.

When cyclohexane-saturated NPG is brought in contact with water, there is indeed no imbibition. The situation changes when a potential is applied.
This is apparent in Fig.~\ref{fig_replace_V}a, which shows mass change versus time for different, constant values of the electrode potential. The monotonic increase of mass with time at each potential confirms that the electric potential makes the gold surface more hydrophilic, which prompts the imbibition. As can be seen in the figure, a more negative potential leads to a higher imbibition rate. It is remarkable that the higher potentials result in a linear variation of mass with time. This is indeed compatible with theory, as will now be explained.

For the two-phase capillary flow in pores, the Lucas-Washburn equation is rewritten as \cite{Alava2004}
\begin{equation}
\centering
\frac {{\rm d} h} {{\rm d} t} = \frac {{r_0}^2}{8 \tau} \ \frac {P_\mathrm{c}}{\eta_\mathrm{w} h +\eta_\mathrm{c}(L-h)}
\label{eqn_2phase}
\end{equation}
where $h$ is the rising height, $h(t) = m(t)/(\rho_\mathrm{w}-\rho_\mathrm{c}) A \phi_0$ and $L$ is the sample length. The subscripts $w$ and $c$ refer to aqueous electrolyte and cyclohexane, respectively. In view of the fact that $\eta_c$ ($\sim$ 0.993 cP) is very close to $\eta_\mathrm{w}$ ($\sim$ 1.054 cP), we may inspect the special case when the two viscosities are equal. Here, equation (\ref{eqn_2phase}) simplifies to
\begin{equation}
\centering
\frac {{\rm d} h} {{\rm d} t} = \frac {{r_0}^2}{8 \tau} \frac { P_\mathrm{c}}{\eta L} \,.
\label{eqn_2phase_equal}
\end{equation}
The time-derivative of $h$ emerges as a constant. In other words, the theory agrees with our experimental observation in showing imbibition proceeding at a constant rate.

A constant and controllable flow rate is greatly desired in capillary pumping systems~\cite{Zimmermann2007}. Not only do the data of Fig.~\ref{fig_replace_V}a exhibit such a linear law, but it also demonstrate that the imbibition rate is controllable through the electrode potential. For example, at -1 V, the imbibition rate is $6.35 \times 10^{-4}$ mg/s or 3.2 nL/s obtained by the linear fit in Fig.~\ref{fig_replace_V}a, which yields a capillary driving pressure of 0.23 MPa according to equation (\ref{eqn_2phase_equal}). Similarly, a much smaller imbibition rate of 0.27 nL/s is achieved when a potential of -0.6 V is applied.

\noindent{\bf Switchable imbibition.} The observation of a strong correlation of the imbibition rate during cyclohexane replacement to the electrode potential raises the question, can the imbibition in this geometry be completely switched on and off by the potential, or can the direction of the imbibition even be reversed? We have investigated this question by repeatedly switching the potential during an individual imbibition run. The results are shown in Fig.~\ref{fig_replace_V}b and will now be discussed.

Figure~\ref{fig_replace_V}b shows an experiment where the sample was first contacted by the electrolyte while a negative potential (-1 V) was applied. The potential was then repeatedly switched between -1V and -0.1 V (near the PZC). It is seen that mass increases rapidly after the initial contact at -1 V, indicating spontaneous imbibition. When the potential is switched to -0.1 V, the mass increase immediately stops, in other words, imbibition is switched off. As can be seen in the figure, this on-off switching sequence is perfectly repeatable over several cycles. In our experiments, this behavior was only limited by the finite capacity of the sample for imbibition of KOH solution.

It would be equally interesting to be able to invert the sequence and, with a suitable potential value, prompt the sample to imbibe cyclohexane, replacing the aqueous electrolyte. However, we found that imbibition of KOH is arrested in the entire potential regime between -0.4 and 0.2 V, which gives the system a valve-like behaviour.

This behaviour could be attributable to a pronounced electrowetting hysteresis \cite{Mugele2005, Kornyshev2010, Li2012}, that is a hysteresis of the contact angle as a function of applied voltage. This, however, is unlikely in view of the reproducible electrowetting behaviour for the aqueous electrolyte (see Fig. \ref{fig_imbi_potential}), which is well describable by classical theory.

The imbibition arrest may also originate in meniscus pinning in the pore network at obstacles such as ligament and pore junctions. This features of the local geometry can lead to advancing or receding interfaces with vanishing mean curvature, and thus vanishing Laplace pressures. This phenomenon, which is particularly likely for contact angles greater than a certain threshold angle $\theta_\mathrm{tr} < 90$ deg \cite{Concus1969, Mognetti2010, Chibbaro2009, Paxson2013}, is known as Gibbs pinning \cite{Gibbs1969}. We calculated the Laplace pressures (and therefrom the mean contact angle) with equation (\ref{eqn_2phase_equal}) from our imbibition experiments to $\theta$=71$\pm2$, 81 $\pm2$  and 84 $\pm2$ degree for -1, -0.8, and -0.6 V, respectively. We observe unpinning of the interface at -0.6 V during voltage lowering, which corresponds to a $\theta_\mathrm{tr}= 84\pm2$ degree. As this value is close to 90 deg, it indeed suggests at least weak Gibbs pinning. Such a pure geometrical arrest mechanism is also plausible if one takes a simplified view and considers the 3-D isotropic pore space as representable by three sets of parallel-aligned arrays of ligaments in the three spatial directions. In the case of flow along one ligament direction, the two sets of perpendicularly aligned ligament arrays act like posts in the flow path, which according to recent mesoscale simulations for electrowetting in microchannels can indeed result in Gibbs pinning \cite{Mognetti2010}.

Note, however, that a pure wetting angle hysteresis between advancing and receding liquid/liquid interface, as it can be induced by roughness on macroscopically planar surfaces \cite{deGennes2004, Marmur2006}, could also translate in imbibition hysteresis in solids with rough porous surfaces \cite{Bear1972, Murison2013, Raeesi2013}.
In view of the crystalline nature of NPG, its highly curved surfaces inherently require an abundance of step edges and kinks. In other words, the nanoscale curvature presupposes atomic-scale roughness. Yet, this observation may also be viewed as suggesting that the small ligament size forbids a meaningful separation between intrinsic microstructural features (such as step edges) and extrinsic surface roughness. This distinguishes nanoporous materials from planar surfaces or simple channel geometries, rendering a direct comparison challenging, if not impossible.

Simulation studies on simplified NPG representations and pore networks \cite{Sadjadi2013} along with studies on the evolution of the imbibition front width as a function of time \cite{Gruener2012} and complementary examinations of the imbibition front by electron microscopy \cite{Paxson2013} may allow for more detailed insights with regard to the distinct pinning mechanisms and a relative quantification of their contribution to the wetting hysteresis documented here.

We can imagine that imbibition reversal is possible, if cyclohexane is replaced with a fluid with a smaller interfacial tension at its interface with gold. Such a fluid would have a higher driving force for replacing the aqueous phase. As an alternative approach, the cyclohexane -- or any other second fluid -- could be pressurized, again increasing the propensity for reverse imbibition.

\noindent{\bf Discussion}

Whereas studies of imbibition in the past used nonmetallic host structures, we have here explored a metal with a nanoscale pore structure as the imbibition host. We find that the spontaneous imbibition of aqueous electrolyte, when displacing air, obeys the Lucas-Washburn law. A value of tortuosity 3.2 $\pm$ 0.2 for NPG reveals a good connectivity and isotropic property of the pore structure, which favors fluid flow.
As the host structure is electrically conductive, we can control the electrode potential and, thereby, tune the solid-electrolyte interfacial tension. This allows us to control the driving force for imbibition, and the results show that the imbibition kinetics can be significantly accelerated. By replacing air with cylcohexane as the second pore fluid, the competition between wetting by cyclohexane and aqueous electrolyte makes the surface effectively less hydrophilic. This suggests that small changes in the metal-electrolyte interfacial tension, as they can be induced by changes in the electrode potential, may be sufficient to switch between hydrophobic and hydrophilic behavior in respect to the aqueous electrolyte.
Indeed, we could show that spontaneous imbibition into cyclohexane-saturated nanoporous gold is suppressed on the charge-neutral surface. Transferring electronic charge onto the surface by applying a potential prompts the imbibition to start. In other words, we have demonstrated that imbibition in a nanoporous metal can be switched on or off by electric signals.
Our results demonstrate that nanoporous gold as an imbibition host structure provides high flow rate and large capillary pressure. Together with the demonstration of switching, the findings suggest that nanoporous gold may be used as an accurately controllable capillary pump.
In that respect it is noteworthy that the pore size and porosity of NPG can be controlled by using different synthesis procedures or thermal treatment~\cite{LiSieradzki1992, Wang2013,Kertis2010}. In this way, the flow rate and capillary pressure in NPG can be tailored. Furthermore, NPG is readily made in different shapes and dimensions. Reports range from nanoporous nanoparticles \cite{WangD2012}) and submicron porous membranes \cite{Ding2004} over micron-sized pillars \cite{Volkert2006}) to wires (as in the present work) or plates of mm to cm dimensions \cite{Wang2013}. While our samples were fabricated based on metallurgical casting and cold working, nanoporous gold has also been made from vapor- or electrodeposited alloy layers~\cite{Lee2007}.
This process is readily integrated into the lithographic process technology that goes into the fabrication of devices for micro-electro-mechanical or nanofluidics applications. Our findings therefore suggest that nanoporous metal may be implemented in devices as a way to manipulate femtolitre to microlitres amounts of liquid under control of an electric potential.

\noindent{\bf Methods}

\noindent{\bf Fabrication of nanoporous gold.} Samples were prepared by electrochemical dealloying of arc-melted ingots of Ag$_{75}$Au$_{25}$ after homogenization, wire-drawing and cutting into size (i.e., 1.08 $\pm$ 0.01  mm in diameter and 10 $\pm$ 0.5 mm  in length). Electrochemical annealing by cyclic scanning over a wide range of electrode potential lead to structural coarsening, resulting in a uniform ligament size of 45 nm, removed adsorbed oxygen species and residual Ag. For details of the preparation see ref.~\citenum{Jin2011}. The samples were then repeatedly rinsed in ultra-pure water, soaked in pure alcohol ($\geq$ 99.9\%, Merck KGaA Frankfurt) for 12 hours and dried in pure Argon (99.5\%) flow for over 2 days. For capillary flow measurements, the samples were covered with solvent-resistant epoxy adhesive (Loctite 3450, Loctite Germany GmbH, Munich, Germany) by painting but left uncovered at their top and bottom ends.

\noindent{\bf Imbibition versus air.} The electrolyte for imbibition experiments was 1 M KOH (aq) (analytically pure, Merck KGaA Frankfurt). The schematic of the experimental setup is shown in Fig.~\ref{fig_setup}a. The electrochemical characterization and control used a a potentiostate (Autolab M101, EcoChemie) and a three electrode system with the NPG sample as working electrode (WE), a commercial Ag/AgCl in 3M KCl reference electrode (RE) and NPG with larger surface area as the counter electrode (CE). The RE is put inside a Luggin capillary, the  other end of which approaches the NPG sample closely  during under-potential measurements. The total surface area was determined from the CV, exploiting the known value, $50 \rm \mu C/m^2$, of the charge transferred to the electrode in the first 150 mV of potential after the onset of OH-adsorption \cite{Lipkowski1999}. For the imbibition studies, the sample is suspended from a microbalance while contacted by a gold wire. The electrolyte surface in the reservoir is raised at a velocity of 10 $\mu$m/s by a motorized laboratory syringe pump until the electrolyte contacts the sample. The sample mass evolution during the imbibition is sampled at the rate 1 s$^{-1}$.

\noindent{\bf Step coulometry method.} Step coulometry was carried out by partially immersing the adhesive-covered NPG sample in the electrolyte (i.e. 1 M KOH) and monitoring current transients in response to potential steps after the sample was full of the electrolyte. A reference potential of -0.1 V was chosen, which is close to the potential of zero charge. Before switching to a new potential, the sample was first equilibrated at -0.1 V, and then kept at the new potential until the current decayed to almost 0.

\noindent{\bf Imbibition versus cyclohexane}. For the experiment of aqueous electrolyte imbibition into cylcohexane-preimbibed NPG, the experiment setup is the same as shown in Fig.~\ref{fig_setup}a, except that the aqueous solution was covered with a thick layer of cyclohexane ($\geq$ 99.5\%, Sigma-Aldrich). The sample was first allowed to imbibe cyclohexane by partial immersion into that layer, and then the electrolyte column was raised up by gradually adding electrolyte until the sample was touched by the cyclohexane/electrolyte interface. For both constant and step potential measurements, to insure the adequate wetting of the lower sample end by electrolyte, a potential of -1 V was applied for 2 min, and then, the potential was kept at -0.1 V for 8 min to stabilize the outside meniscus. During different potential were applied, the replacement of cyclohexane by the electrolyte was monitored from the balance reading.

redpajama_set_name: RedPajamaArXiv


text:
Subscribe to Bits & Pieces
Company Type Insurance Trucking/Transportation/Logistics Legal Other
A monthly digest of recent news events in the motor carrier and insurance industries.
Volume 21, Edition 12
Volume 21, Edition 9
Volume 18 Edition 2
Cases (2019)
Volume 21 Cases (2018)
Volume 21, Edition 11, Cases
Volume 21, Edition 9, Cases
Volume 20, Edition 12. Cases
Volume 20, Edition 11 Cases
Volume 20, Edition 8. Cases
Volume 20, Edition 6 Cases
Volume 14. edition 3, cases
Volume 6, Edition 10
Volume 6, Edition 6
Sakofske v. Gering
Posted on November 25, 2019 Author Categories November 2019
2019 WL 5418327
UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING.
Court of Appeals of Michigan.
Robin SAKOFSKE, as Personal Representative of the Estate of John Sakofske, Plaintiff-Appellee,
Heather Louise GERING, County of Wayne, and Wayne County Department of Public Services, Doing Business as Wayne County Roads Division, Defendants-Appellants.
Wayne Circuit Court, LC No. 16-001084-NI
Before: Riordan, P.J., and K. F. Kelly and Cameron, JJ.
*1 In this negligence action, defendants Heather Gering, County of Wayne, and Wayne County Department of Public Services appeal the trial court's order denying in part their motion for summary disposition premised on claims of governmental immunity. We reverse and remand.
I. FACTUAL BACKGROUND
This matter arises from the death of John Sakofske after the tractor-trailer that he was driving collided with the rear end of a Wayne County dump truck on November 12, 2015.
On November 12, 2015, LeDonn Majors, a foreman employed by defendant Wayne County Department of Public Services, was instructed to have his crew "sweep" a wall that runs along the ramp from eastbound Michigan Avenue to southbound I-275. On that day, Majors drove to the worksite in his pickup truck and met with his work crew. In addition to the individuals who were responsible for cleaning the wall in question, Majors' work crew consisted of Darylann Spencer, Annette Lowe, and Alfred Washington. Spencer, Lowe, and Washington all operated dump trucks that had flashing arrow boards on the back, which served to instruct motorists to move out of the right lane of travel and to protect the workers who were located on the shoulder of I-275. The dump trucks were filled with gravel so that the dump trucks would not lose control and hit any workers on the project if they were hit by other motorists. During the cleaning process, Majors directed the positioning of the dump trucks. Majors also directed his work crew to perform the project in sections and to "move up" after each "section" of the wall was swept.
Sometime during the afternoon of November 12, 2015, Majors requested a fourth "arrow board dump truck" in order to provide more protection to his workers. Subsequently, Gering arrived at the worksite driving an arrow board dump truck. Majors instructed Gering where to position the dump truck. Based on Majors' instructions, the trucks were positioned as follows on I-275: (1) Washington's dump truck was positioned behind Gering's dump truck on the shoulder of the ramp, (2) Gering's dump truck was approximately 700 feet in front of Washington's dump truck in the right lane of traffic past where the ramp lane on I-275 ended, (3) Lowe's dump truck was also in the right lane approximately 700 feet in front of where Gering parked her dump truck, and (4) Spencer's dump truck was parked directly in front of Lowe's dump truck in the right lane. Majors' pickup truck was parked on the shoulder of I-275, near Spencer and Lowe's dump trucks.
According to Gering, after she had been at the job site for about 10 minutes, she saw Sakofske's tractor-trailer traveling southbound in the right lane of I-275. Gering did not see Sakofske's tractor-trailer slow down as it approached her dump truck, and she estimated that Sakofske was traveling at least 70 miles per hour. Gering assumed Sakofske would have time to merge into another traffic lane. However, Sakofske did not move into a different traffic lane. His tractor-trailer hit the back of Gering's dump truck, and Gering's dump truck was pushed forward and to the left.
*2 At the time of the accident, Majors was looking in the rearview mirror of his pickup truck, checking on his workers, when he saw Sakofske's tractor-trailer approaching Gering's dump truck. Seconds later, Majors saw the tractor-trailer hit the arrow board on the back of Gering's truck. Majors testified that Gering's truck "kind of jackknifed" because of the impact. According to Majors, Gering's dump truck was not moving at the time of the accident.
Michigan State Police Trooper Joshua Martin Reeber, the first trooper to arrive at the scene of the accident, testified that he observed that Gering's dump truck had its emergency brake engaged. Michigan State Police Trooper Brad Conner also investigated the accident on that day. He testified that, on the basis of the evidence found at the site, Gering's dump truck "would have been completely in the right [travel] lane" at the time of the accident.
Sakofske died as a result of accident-related injuries, and plaintiff filed a complaint against defendants, alleging a claim of gross negligence against Gering and a claim of negligent operation of a government motor vehicle against Wayne County under a theory of respondeat superior. Defendants answered plaintiff's complaint, wherein they generally denied plaintiff's allegations and raised a number of affirmative defenses, including plaintiff's failure to plead facts in avoidance of governmental immunity.
During the course of discovery, Spencer, who was in the dump truck in front of Lowe at the time of the collision, was deposed. During Spencer's deposition, plaintiff's counsel asked Spencer, "Who was blocking traffic?" Spencer replied:
I know [Lowe] was behind me and then they called [Gering] up and [Gering] was in that gore area1 putting up her flasher board and I'm looking out my mirror.2 [Gering was] picking up her flasher board and I think [Majors] asked her was she ready, she said she was ready and she moved up, and when she moved up, that's when that accident happened.
Spencer was unsure if the "ramp" was blocked at the time of the accident. She recalled that, after Gering arrived at the worksite, Lowe moved her dump truck behind Spencer's dump truck. When plaintiff's counsel asked Spencer if she thought "the ramp was now opened," Spencer replied:
It could have been opened up. I can't remember. I know when [Gering] came, I watched her in my mirror …. [Gering] was looking at her flasher, making sure it was up, and when [the flasher board] was up, [and Majors] asked her was [sic] she ready. [Gering] said yes, and when she pulled up, I pulled up, [Lowe] pulled up and bam, that's when it happened.
Spencer specifically recalled that she was moving her dump truck forward in order to make room for Lowe and Gering when she "heard the boom." Spencer explained that she did not know "how far back" Gering was, but she explained:
I know when [Gering] got in that [dump] truck and said I'm ready, she pulled out and all I heard was boom, and when I heard the boom, I immediately, I said 'Oh, we done [sic] got hit' because I know, we get hit all the time. I looked in the mirror and her truck, she was moving up. When I looked in this mirror here, her truck was doing this and then it came, you know, across the lanes.
*3 Spencer further explained that, "[w]hen [she] heard the boom, [she] immediately looked out this [sic] mirror and [Spencer] saw [Gering's dump] truck" move across two of the southbound travel lanes.
When asked by plaintiff's counsel if it was "a very short period of time between the time that [Gering] moved up [from the "gore" into the right travel lane] and the accident happened," Spencer relied "Yes." Spencer estimated that it was "maybe 10 [minutes]" or "maybe 15 [minutes]" after Gering said "she was ready." The following exchange then occurred between Spencer and plaintiff's counsel:
Plaintiff's Counsel: So it sounds like it was very quick, a matter of seconds?
Spencer: It was probably about 5 minutes, something like that.
Plaintiff's Counsel: So if I started my clock right now and we waited 5 minutes, you think that would be accurate?
Spencer: Let me think. [Majors] told [Gering] to get in position. She was out—that 5 minutes is the part she got out and was checking [the flasher board], right.
Plaintiff's Counsel: Okay. So I'm asking for the shorter time period, from the time period that she got back in the truck and [Majors] said are you ready and then [Gering] started moving. From that point in time 'till [sic] the impact, sounds like that was a matter of seconds?
Spencer: Yes, could be, yes.
When plaintiff's counsel asked Spencer if Gering had "come to a stop in the [right] travel lane before she was struck," Spencer replied, "That I don't know." Plaintiff's counsel asked if Gering could have "potentially" still been moving into the [right travel] lane at the time of the accident, Spencer responded, "Possibly, yes." Plaintiff's counsel then asked Spencer if her "recollection, though, is that [Gering] moved from the gore into the travel lane and may still have been moving into position when she was struck, according to what [Spencer] saw," and Spencer replied, "Yes, [Gering] might have been moving." However, when defendants' counsel asked Spencer if she saw Gering "positioning her vehicle," Spencer responded: "I didn't see her get back in her truck [after adjusting her flasher board], but I did see, hear, I saw her moving with her flasher in the back…. I didn't see her get in the vehicle." Defendants' counsel then asked Spencer, "So you never saw [Gering] move her vehicle," and Spencer replied, "No."
Spencer testified at her deposition that she spoke with a law enforcement officer after the accident. Spencer indicated that she told the officer "that [she] didn't actually see the initial impact, but when [she] heard that, [she] looked out of [her] windows and seen [sic]."
Spencer later executed an affidavit pertaining to her deposition testimony. In her affidavit, Spencer explained that, "[b]efore the crash, [Gering's] dump truck was already positioned in the right lane to block traffic," and that it was "not true" that she testified that Gering "caused the accident by pulling out in front of" Sakofske's tractor-trailer, "if anyone [was] saying that." Spencer also explained that she "did not see the actual crash," but she heard Sakofske's tractor-trailer hit Gering's dump truck.
Plaintiff's expert crash reconstruction witness, Timothy Robbins, opined that the "most likely scenario" was that Gering's dump truck "impeded" into the tractor-trailer's "path of travel," and he confirmed that he meant that Gering's dump truck "pulled out in front of" Sakofske's tractor-trailer. Robbins stated that his opinion was based upon Spencer's testimony, specifically the portion of Spencer's testimony where Spencer discussed how she saw Gering's dump truck move after Spencer heard a "boom" and how Spencer confirmed that she remembered seeing that Gering "moved up from the gore into the travel lane and it was that point in time that the accident happened."
*4 After the close of discovery, defendants filed a motion for summary disposition. In relevant part, defendants argued that they were entitled to governmental immunity under the governmental tort liability act ("GTLA"), MCL 691.1401 et seq. More specifically, defendants argued that the "motor vehicle exception" in the GTLA did not apply because Gering was not "operating" her dump truck at the time of the accident. Defendants further argued that plaintiff's claim against Gering failed because plaintiff could not present any evidence that Gering was grossly negligent.
In response, plaintiff argued that defendants' motion for summary disposition pertaining to the claim of gross negligence against Gering should be denied because Gering caused the accident by moving directly into the path of Sakofske's vehicle. Plaintiff relied on Spencer's deposition testimony and Robbins' opinion testimony when making this argument. Plaintiff also contended that, pursuant to MCL 691.1405, Gering was "operating" her dump truck at the time of the accident because there was evidence that she was driving her dump truck or that she had only stopped her dump truck moments before the accident occurred.
The trial court denied defendants' motion for summary disposition in part on the basis of the testimony of Spencer and Robbins. The trial court explained that Spencer's affidavit was "at odds with" Spencer's deposition testimony, and the court believed that the "discrepancy" in Spencer's testimony created a question of fact. The court noted that plaintiff's expert witness, Robbins, also opined that "there was no other logical or reasonable explanation" for the accident other than that Gering pulled out in front of Sakofske, "essentially cutting him off, impeding" Sakofske's "travel lane and causing a fatal accident." The trial court reiterated that Spencer "testified that Gering proceeded from the right shoulder of southbound I-275 into the right travel lane directly into the path" of Sakofske's tractor-trailer "while causing the fatal collision." The trial court further ruled that there was "some question" about whether Gering's dump truck "was stationary or moving, or how long it was stationary" and that, even if Gering was "stopped at the moment of impact," there was some "dispute whether her vehicle had been stopped for just brief moments before the impact or a longer period of time."
This appeal followed.
II. STANDARD OF REVIEW
This Court reviews a trial court's decision on a motion for summary disposition de novo. Zaher v. Miotke, 300 Mich. App. 132, 139; 832 N.W.2d 266 (2013). "A defendant is entitled to summary disposition under MCR 2.116(C)(7) if the plaintiff's claims are barred because of immunity granted by law." Milot v. Dep't of Transp., 318 Mich. App. 272, 275; 897 N.W.2d 248 (2016). "A party may support a motion under MCR 2.116(C)(7) by affidavits, depositions, admissions, or other documentary evidence." Maiden v. Rozwood, 461 Mich. 109, 119; 597 N.W.2d 817 (1999). However, "the substance or content of the supporting proofs must be admissible in evidence." Id. Further, "[t]he contents of the complaint are accepted as true unless contradicted by documentation submitted by the movant." Id. "If there is no relevant factual dispute, whether a plaintiff's claim is barred under a principle set forth in MCR 2.116(C)(7) is a question of law for the court to decide." Snead v. John Carlo, Inc., 294 Mich. App. 343, 354; 813 N.W.2d 294 (2011). "If, however, a pertinent factual dispute exists, summary disposition is not appropriate." Id.
*5 With respect to plaintiff's negligent operation of a government motor vehicle claim, "[u]nder the GTLA, governmental agencies and their employees are generally immune from tort liability when they are engaged in the exercise or discharge of a governmental function." Ray v. Swager, 501 Mich. 52, 62; 903 N.W.2d 366 (2017) (Ray I). "The act provides several exceptions to this general rule." Id. As relevant here, one exception to governmental immunity is the motor vehicle exception, which is provided by MCL 691.1405. Under MCL 691.1405, "[g]overnmental agencies shall be liable for bodily injury and property damage resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental agency is [the] owner …."
Our Supreme Court has held that the "operation of a motor vehicle" in MCL 691.1405 means that the motor vehicle is being operated as a motor vehicle; therefore, the motor vehicle exception encompasses only those "activities that are directly associated with the driving of a motor vehicle." Chandler v. Muskegon Co., 467 Mich. 315, 321; 652 N.W.2d 224 (2002). This Court has held that a plaintiff's injuries did not result from the "operation" of a motor vehicle where that plaintiff collided with a city vehicle that was stopped on a road and "had been stopped for approximately three to five minutes in order to permit its passenger to inspect a public utility." Poppen v. Tovey, 256 Mich. App. 351, 355; 664 N.W.2d 269 (2003). Thus, stationary vehicles may be exempt from the motor vehicle exception of the GTLA. See id.
In this case, it is undisputed that Gering's dump truck was stationary in the right lane of I-275 at the time of the collision. More specifically, both Gering and Majors testified that Gering's dump truck had been stationary for about 10 minutes at the time of the accident. Additionally, Washington and Lowe both averred that Gering's dump truck was parked in the right lane at the time of the accident, and they denied that Gering caused the accident by pulling out in front of Sakofske. The law enforcement officers who investigated after the accident opined that Gering's truck was completely in the right lane of traffic at the time of the collision and that the truck's emergency brake was activated at the time of the collision.
Although the trial court relied on the testimony of Spencer when finding that a question of fact existed, when examining Spencer's testimony, it is clear that Spencer unequivocally testified that she did not see the collision. Rather, she only heard Sakofske's tractor-trailer collide with the back of Gering's dump truck and then saw the aftermath of the collision. Although Spencer attempted to describe the general sequence of events related to the accident during her deposition, she only provided speculative testimony regarding the movement—or lack thereof—of Gering's dump truck immediately preceding or during the accident. More specifically, Spencer testified that it was "possible" that Gering's truck was still moving into right lane at the time of the collision. The speculative nature of Spencer's testimony was highlighted by the fact that, later in the deposition, Spencer agreed that she did not see Gering get into the dump truck after Gering inspected the "flasher sign," she did not see Gering move the dump truck, and she did not see Gering position the dump truck in the right lane. In fact, upon questioning by plaintiff's counsel, Spencer agreed that had taken only seconds—not 10 or 15 minutes. Consequently, Spencer was unable to give a specific timeline as to when Gering actually began to move the dump truck into the position that Majors mandated in the right lane.
*6 It is well settled that, although "[c]ircumstantial evidence can be sufficient to establish a genuine issue of material fact, … mere conjecture or speculation is insufficient." McNeill-Marks v. MidMichigan Med. Center-Gratiot, 316 Mich. App. 1, 16; 891 N.W.2d 528 (2016). We conclude that Spencer's testimony regarding the potential movement and positioning of Gering's dump truck amounted to speculation and conjecture given that Spencer did not see Gering move the truck into the right lane and did not see the collision take place. Thus, Spencer's testimony was not sufficient to create a genuine issue of material fact. See id. Further, because Robbins' opinion testimony was based solely upon Spencer's mere speculation concerning the location of the dump truck at the time of the collision, the opinion testimony offers no support for the trial court's decision to deny defendants' motion for summary disposition.
Therefore, because Gering was not engaged in "activities that are directly associated with the driving of a motor vehicle" at the time of the collision, the motor vehicle exception does not apply. See Chandler, 467 Mich. at 321. Consequently, the trial court erred by denying defendants' motion for summary disposition with regard to plaintiff's negligent operation of a government motor vehicle claim. See Snead, 294 Mich. App. at 354.
Defendants also contend that the trial court erred when it denied defendants' motion for summary disposition pertaining to plaintiff's gross negligence claim against Gering, as there was no evidence that Gering was grossly negligent. We agree.
"Generally, governmental employees acting within the scope of their authority are immune from tort liability except in cases in which their actions constitute gross negligence." Tarlea v. Crabtree, 263 Mich. App. 80, 89; 687 N.W.2d 333 (2004). " 'Gross negligence' is defined by statute as 'conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.' " Wood v. City of Detroit, 323 Mich. App. 416, 423; 917 N.W.2d 709 (2018), quoting MCL 691.1407(8)(a). " 'Evidence of ordinary negligence is not enough to establish a material question of fact regarding whether a government employee was grossly negligent.' " Wood, 323 Mich. at 423-424, quoting Chelsea Investment Group LLC v. Chelsea, 288 Mich. App. 239, 265; 792 N.W.2d 781 (2010). Thus, a plaintiff must present evidence or allege that a defendant's "contested conduct was substantially more than negligent." Costa v. Community Emergency Med. Servs., Inc., 475 Mich. 403, 411; 716 N.W.2d 236 (2006).
Plaintiff's gross negligence claim is premised on allegations that Gering "pulled her vehicle into the right lane of traffic and into the path of Mr. Sakofske." Plaintiff relies on the testimony of Spencer to support this argument. However, as discussed above, Spencer testified that she did not see Gering move her vehicle from the ramp into the right lane of I-275. She further testified that she did not see the collision. Because the only testimony that Spencer offered concerning the movement and positioning of Gering's vehicle at the time of the accident was speculative, it is insufficient to support finding a question of fact. See McNeill-Marks, 316 Mich. App. at 16. Thus, there is no evidence to support that Gering was negligent—let alone grossly negligent. The trial court therefore erred when denying defendants' motion for summary disposition on plaintiff's gross negligence claim. See Snead, 294 Mich. App. at 354. Consequently, we need not address defendants' argument that the trial court erred by failing to consider whether Sakofske was presumptively negligent under MCL 257.402(a) when he hit the back of Gering's dump truck. See BP7 v. Bureau of State Lottery, 231 Mich. App. 356, 359; 586 N.W.2d 117 (1998) ("As a general rule, an appellate court will not decide moot issues.").
*7 Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction.
RIORDAN, P.J. (concurring).
I write separately to note that plaintiff did not carry her burden of establishing that the expert witness's testimony was relevant and admissible. Edry v. Adelman, 486 Mich. 634, 639; 786 N.W.2d 567 (2010) (the proponent of evidence bears the burden of establishing relevance and admissibility); Barnard Mfg. Co., Inc. v. Gates Performance Engineering, Inc., 285 Mich. App. 362, 373; 775 N.W.2d 618 (2009) (evidence offered in response to a motion for summary disposition pursuant to MCR 2.116(C)(10) must be "substantively admissible, it does not have to be in admissible form[ ]" provided it is admissible in content). Although the trial court is not permitted to weigh the credibility of expert witnesses, Ykimoff v. Foote Mem. Hosp., 285 Mich. App. 80, 101; 776 N.W.2d 114 (2009), an expert's singular reliance on his own hypothetical depiction of an event indicates that his testimony may be too speculative to assist the fact-finder, and therefore runs afoul of MRE 702. Craig ex rel. Craig v. Oakwood Hosp., 471 Mich. 67, 84; 684 N.W.2d 296 (2004). During his deposition, plaintiff's expert testified that his theory was based primarily on one portion of Spencer's deposition testimony, which the majority correctly concludes was purely speculative. Specifically, he stated that "[W]e have to look at the totality of the circumstances how it fits, right, and we start to evaluate statements, credibility." He further admitted that there was no physical evidence to support his hypothesis. Instead, he pointed to the notable absence of brake marks as evidence that Sakofske could not avoid Gering's dump truck, and the offset impact as evidence of evasive maneuvering. However, the expert admitted that the lack of brake marks on the road does not mean that Sakofske did not decelerate. Rather, the expert connected this absence of physical evidence to his theoretical conclusion that Gering pulled out in front of Sakofske. This reliance on a hypothetical depiction of the collision is too speculative to assist the trier of fact. Id.
Therefore, I agree with the majority opinion and its conclusion.
I join the majority opinion.
All Citations
Not Reported in N.W. Rptr., 2019 WL 5418327
A "gore area" is a triangular-shaped area where the highway and the entrance ramp converge.
Spencer testified that Gering had to activate her flasher board once she arrived at the worksite. According to Spencer, after Gering ensured that the flasher board was activated, Gering informed Majors that she was "ready" and then moved the dump truck into position in the right lane of I-275.
Previous Previous post: Okanovic v. Hayes
Next Next post: Botey v. Green
Motor Carrier Reports
Chameleon Detector
Vehicle Tracker
150 Airport Road | Suite 1100
© 2020 Central Analysis Bureau

redpajama_set_name: RedPajamaCommonCrawl


Maria Luisa Morales has worked for justice for Latinx communities in Wisconsin since the 1960s.
Anita Herrera grew up in a family of migrant farm workers and devoted her career to improving education, employment, and living conditions for people of color in Wisconsin.
Ramona Villarreal is a Mexican American activist who has devoted her life to fighting for equality and justice for people with Mexican/Latinx heritage in Wisconsin.
Debra Amesqua was the first woman chief of the Madison Fire Department and one of the first women fire chiefs in the country.


text:
Iliza Shlesinger at Ryman Auditorium
Iliza Shlesinger Tickets
The youngest and only female comedian to win US talent show Last Comic Standing, Iliza's debut TV special War Paint reached #1 on the US iTunes chart and her follow up Netflix Special Freezing Hot debuted to rave reviews. ILIZA is on tour! Shlesinger is not only smashing it in the realm of comedy right now, but she's also set to co-star opposite Mark Wahlberg is the 2020 Netflix film Wonderland and she will also unveil The Iliza Shlesinger Sketch Show, also on Netflix – just a couple more strings to add to her bow! As a comic, she is insightful and hilarious and knows how to work a crowd – get ready to belly laugh!
Having fallen in love with comedy while attending Boston's Emerson College while performing with one of the campus' comedy sketch groups, Jimmy's Traveling All Stars, Iliza is one of the best comedians in the industry. When she moved to LA, she joined the Whiteboy Comedy troupe, with whom she regularly performed at The Improv in Hollywood. Later in 2007, Shlesinger won Myspace's So You Think You're Funny contest and was featured as the G4 network's Myspace Girl of the Week. Shlesinger became the first woman, and the youngest contestant, to win NBC's Last Comic Standing, in the series' sixth season in 2008. She has released four Netflix specials to date: War Paint (2013), Freezing Hot (2015), Confirmed Kills (2016) and Elder Millenial (2018), and in 2017 she authored Girl Logic: The Genius and the Absurdity.


I was confused when I saw you mentionted that. My admins and I with the latest Procon code only see 1 option when right-clicking a player name. When we go into the Options Menu, StatLinks tab, we only saw Metabans.
So I added BF3Stats to my Client config file, as well as the Layer (on our rented host), restarted my Procon Client, then stopped/restarted our Procon Layer host, and it appeared. But when one of my new admins right-clicked a player name, they only saw Metabans, so I walked him through setting it up on his client. Very odd, but at least we have it going now.
Phil, this is one of the best features available on the tool, it's unbelievably helpful and useful. Thank you.
Last edited by HexaCanon; 28-09-2012 at 18:57.
was wondering if replacements such as %server_ip% and %server_port% exists, would be nice to implement gametracker punkbuster screenshots.
Nice catch for that side.
And.. no actually there are no replacements for server related informations like IP or port. Hmm... but the idea is good.
For PBBans link to work, you need to be logged into PBBans. So this has always worked for me in the past, right click, and select PBBans, up pops the players record in PBBans.
Recently however, I get an invalid captcha related error (Invalid Captcha Entered), even though I'm logged in. Is there a browser issue, or browser plugin keeping the PBBans record from coming up? It happens with both Chrome, and Firefox. Very strange.
Still not working properly, very odd. I'm logged into PBBans, confirmed. When I right-click a player and select my PBBans link, it's telling me "invalid captcha entered", which never happened before. Just started recently. Did PBBans change the link?
I don't know. Maybe grizzlybeer can say something to it.
But a quick look and try using their page showed that you can search and use a ULR like the one posted without being looked in and without the need to fill out a captcha.
others game-typs - you have to change it ..


text:
Kuno Dannien (* 1931 in Lübeck) ist ein deutscher Architekt, der überwiegend in Lübeck tätig ist.

Leben
Nach der Mittleren Reife an der Oberschule zum Dom schloss er zunächst eine Lehre bei der Firma August Rosehr an. Parallel zu dieser Lehre erlangte er in Abendkursen die Hochschulreife, die ihm ein Studium an der Landesbauschule ermöglichte, das er 1954 mit dem Examen abschloss.

Danach arbeitete er drei Jahre im Büro von Hermann Blomeier in Konstanz und weitere vier Jahre in Wiesbaden und Frankfurt am Main bei Rainer Schell. 1961 kehrte Dannien nach Lübeck zurück, wo er zunächst Mitarbeiter im Büro von Karl Horenburg wurde. In dieser Zeit entstanden die Paulus-Kapelle in Dänischburg (1962), das Gemeindehaus des Doms (1964) und die Wichern-Kirche in Moisling (1965). 1971 machte er sich zusammen mit Uli Fendrich (1932–2022, Sohn von Bruno Fendrich) selbstständig. In Lübeck baute er danach die Berufsbildungsstätte auf dem Priwall im Anschluss an erhalten gebliebene Bauten der ehemaligen Flugzeug-Erprobungsstätte, danach (1977) die Wichern-Werkstätten in Schlutup, das Berufsschulzentrum in der Georg-Kerschensteiner-Straße (1983 und 1991) und 1990 den Mehrzwecksaal der Vorwerker Diakonie.

Sehr zahlreich hat er auch hervorragende Altbauten Lübecks saniert und mit modernen Einbauten versehen:
 1969: Neubau Ausbildungszentrum für Hörgeräte-Akustik, Lübeck
 1970: Umbau der Löwen-Apotheke
 1970: Turmaufstieg und Café in der Petri-Kirche
 1972–1980: Städtebauliches Sanierungsgebiet mit Wohnneubauten ˋAn der der Untertravé und ˋEngelwisch´ in Lübeck
 1973: Schulzentrum in Reinbek |Neubau Schulzentrum in Reinbck
 1976–1981: Neubau Berufsbildungsstätte Priwall in Lübeck-Travemünde, Denkmal
 1977: Neubau Wichernwerkstätten in Lübeck-Schlutup, Denkmal
 1981–1991: Neubau Berufsschulzentrum, Lübeck
 1985: Neubau Polizei-Dienstgebäude in Ratzeburg
 1991: Umbau und Ergänzung Domhof und Pastoralkolleg in Ratzeburg
 1993: Schulerweiterung Becher-Schule in Schwerin
 1996–2004: Umbau und Ergänzung Innenministerium Mecklenburg-Vorpommern im historischen Arsenal in Schwerin
 1996: Westportal und Bergenfahrerkapelle in St. Marien, Lübeck
 1997: Westwerk in St. Petri, Lübeck
 2005–2007: Innenausbau der Holstentorhalle
 2007: Pamir-Gedenkstätte in der Jakobi-Kirche

Zu seinen Projekten außerhalb Lübecks zählt der Umbau des Nordflügels des Domklosters am Ratzeburger Dom (1990–1992).

Literatur
 Günter Zschacke: Neues gestalten, Altes bewahren. Der Lübecker Architekt Kuno Dannien baut für seine Vaterstadt. In: Der Wagen 2008, S. 138–143.
 Frank Schwartze, Klaus Brendle, Betania Brendle: ´´Dannien Bauen in der Zeit und für den Ort ´´ 2018

Weblinks

Einzelnachweise

Architekt (Lübeck)
Deutscher
Geboren 1931
Mann

redpajama_set_name: RedPajamaWikipedia


text:
Careers With Short Schooling
by Rose Johnson
Going to school for a short time can help you avoid massive student loan debt.
1 What Are the Duties of a Litigation Paralegal?
2 Estate Planning Paralegal Job Description
3 How Much Does a Paralegal Make Annually?
4 Architectural Draftsman Job Description
A high level of education is often equated to earning high wages. Although a correlation between education and earnings exist, it is also true that not every person desires to attend school for many years. Careers exist that offer competitive wages but require that you attend school for only a short period of time. Knowing these careers and understanding the job requirements can help you prepare to obtain the job position you seek.
Paralegal Training
Paralegals work under the guidance of lawyers to help them to prepare for trial, corporate meetings and hearings. The specific duties of a paralegal vary depending on the size of the law office and the area of law practiced. General duties performed by paralegals include gathering and arranging evidence for attorneys to review, writing reports that attorneys need to prepare for trial, researching relevant laws and ordinances and contacting clients and witnesses to set up interviews and meetings. According to the Bureau of Labor Statistics, most paralegals possess an associate degree in paralegal studies, although some employers hire individuals without a degree for entry-level positions. The BLS lists the 2012 average annual salary of paralegals as $50,220.
Drafters Design
Drafters use computer-aided design and drafting software to convert the designs of engineers and architects into plans that can be viewed, printed or programmed into building information modeling systems. Drafters work under the direct supervision of engineers and architects and may specialize in civil, mechanical, architectural or electrical drafting. Job responsibilities of a drafter include using manufacturing and engineering techniques to assist with designing products, working to develop plans from the rough sketches provided by architects and engineers and preparing multiple versions of the schematics needed by architects and engineers. Employers typically hire drafters who have earned certification from a technical school or an associate degree from a community college. According to the BLS, the 2012 average annual salary for mechanical drafters was $53,270, architectural and civil drafters earned $50,550 and electrical drafters earned $58,490.
Web developers work with clients to design and create websites. Web developers are responsible for how the site looks and performs. Performance can be measured by how much traffic the site can handle and the site's speed. Different types of websites require certain specifications, so a web developer must consult with a client to make sure the site fits its supposed purpose. For example, the specifications for an e-commerce site differ from the specifications for a gaming site. Web developers commonly write code for the site using programming language, such as JavaScript, SQL, XML and HTML. Web developers typically hold an associate degree in web design or a related field, although some employers only require a high school diploma or certification in web development. According to the BLS, the 2012 average annual salary for web developers was $66,100.
Dental hygienists work under the direct supervision of dentists to provide preventive dental care and treatments to patients. Duties of a dental hygienist include examining patients for signs of cavities and oral diseases, removing plaque, tartar and stains from teeth, taking and developing X-rays and cleaning and polishing teeth. Dental hygienists also educate patients on oral hygiene techniques and ways to improve and maintain good oral health. In most cases, you need an associate degree in dental hygiene and state licensing to practice as a dental hygienist. The requirements for licensing vary per state. According to the BLS, the 2012 annual average salary for a dental hygienist was $70,700.
Fox Business: Eleven Well-Paying Jobs that Don't Require a 4-Year Degree
Bureau of Labor Statistics: Paralegals and Legal Assistants
Bureau of Labor Statistics: Drafters
Bureau of Labor Statistics: Web Developer
Bureau of Labor Statistics: Dental Hygienists
Bureau of Labor Statistics: Occupational Employment Statistics: Paralegals and Legal Assistants
Bureau of Labor Statistics: Occupational Employment Statistics: Mechanical Drafters
Bureau of Labor Statistics: Occupational Employment Statistics: Architectural and Civil Drafters
Bureau of Labor Statistics: Occupational Employment Statistics: Electrical and Electronics Drafters
Bureau of Labor Statistics: Occupational Employment Statistics: Web Developers
Bureau of Labor Statistics: Occupational Employment Statistics: Dental Hygienists
Johnson, Rose. "Careers With Short Schooling." Work - Chron.com, http://work.chron.com/careers-short-schooling-29674.html. Accessed 18 July 2019.
Johnson, Rose. (n.d.). Careers With Short Schooling. Work - Chron.com. Retrieved from http://work.chron.com/careers-short-schooling-29674.html
Johnson, Rose. "Careers With Short Schooling" accessed July 18, 2019. http://work.chron.com/careers-short-schooling-29674.html
Become a Paralegal in the Philippines
Lawyer Vs. Paralegal Salaries
Salary With a Civil Engineer Associate Degree
Job Description of a Social Security Paralegal
What Types of Careers Are in the Field of Law?
Criminal Justice Jobs That Require Associate's Degrees
What Duties Can Be Delegated to a Paralegal?
Who Uses CAD Software?
What Is the Salary of a Drafting Engineer?
What is the Pay Scale for a Paralegal?
What Do Commercial Architects Do?


Starting in the 20th century, the American accessory designer looked to Europe and then said, "I can do better." In a book commissioned by the Council of Fashion Designers of America and edited by Candy Pratts Price, their achievements are revealed: a century of objects of necessity and desire. Highlights include Adrian's witty Hollywood hats, Ralph Lauren's all-American accoutrement and Madonna's rubber bracelets.


text:
Job Announcements: December 2022
January 23, 2023 January 24, 2023 | in Community Involvement, Feature, SABA News| by Staff
Fisher Phillips LLP has an opening in our Irvine office for an Employment Litigation Associate position. Applicants should submit their resume, transcript, and cover letter, and complete the application at the following link: Fisher Phillips Career Opportunities.
The Federal Public Defender's Office for the Central District of California is hiring for a Trial Attorney position in its Los Angeles office. See https://www.fpdcdca.org/careers/current-openings/.
Summer 2023 internship program for the Los Angeles County Counsel's Office.
SABA-SC Social Justice Fellowship 2023


The esophagus is the tube that carries food and liquid from the throat to the stomach. The wall of the esophagus contains muscle that rhythmically contracts whenever a person swallows. This contraction occurs as a sweeping wave (peristalsis) carrying food down the esophagus. It literally strips the food or liquid from the throat to the stomach.
Another important part of the esophagus is the lower esophageal sphincter, or LES. This is a specialized muscle that remains closed most of the time, only opening when swallowed food or liquid is moved down the esophagus or when a person belches or vomits. This muscle protects the lower esophagus from caustic stomach acid and bile. These substances can cause the discomfort of heartburn and in time can lead to damage and scarring in the esophagus.
Manometry is the recording of pressures within the esophagus. It can evaluate the contraction amplitude and coordination of the stripping muscle waves in the main portion of the esophagus as well as in the lower esophageal sphincter (LES).
There are a number of symptoms that originate in the esophagus. These include difficulty swallowing food or liquid, heartburn, and chest pain. Additionally, an x-ray (barium swallow or upper GI series) or endoscopy may show abnormalities that need to be studied further by manometry. The exam is often done before surgical treatment for heartburn/ gastsroesophageal reflux disease.
The preparation for esophageal manometry is very simple. The patient should take no food or liquid for about eight hours before the exam. Your usual medications may be taken with small sips of water on the day of the exam. As the examination will be performed without sedative medications, you may drive yourself to and from the examination. Certain medications (such as Reglan/metaclopramide) may be held prior to the procedure as they may affect the contractility of the esophagus.
The procedure takes about one hour from start to finish. While seated in a chair or lying on the side, thin soft tubing is gently passed through the nose, or occasionally the mouth. Upon swallowing, the tip of the tube enters the esophagus and the technician then quickly passes it down to the desired level. There is usually some slight gagging at this point, but it is easily controlled by following instructions. During the exam, the technician will ask you to swallow saliva (called a dry swallow) or water (called a wet swallow). Pressure recordings are made and the tubing is withdrawn. Patients can usually resume regular activity, eating, and medicines immediately after the exam.
The manometry tracings are performed by the technician, but interpreted by your physician. You will be contacted regarding the results which help to determine the appropriate next step in diagnosis and treatment.
The primary benefit of the exam is that the physician has clear documentation of the muscle function of the esophagus. With this information, a specific treatment program can be outlined or reassurance provided if the exam is normal.
Nothing really takes the place of manometry. Other techniques that are used to study the esophagus include: upper GI x-ray series using swallowed liquid barium; upper endoscopy to visualize the inside lining of the esophagus; and a 24-hour probe left in the end of the esophagus to measure acidity as it refluxes from the stomach.
There minimal risks associated with manometry. Theoretically, esophageal tear/ perforation and/or bleeding could occur, but this complication is extremely rare. Slight gagging is normal during the exam, and a temporary sore throat may be present afterward.
"Esophageal manometry" is a very valuable method of recording and evaluating the muscular function of the esophagus. The test is simple and quick to perform. With this information, the physician can usually develop effective treatment for most patients with esophageal muscle disorders.
Note: The information in this section is provided as a supplement to information discussed with your healthcare provider. It is not intended to serve as a complete description of a particular topic or substitute for a clinic visit.


When you're trying to tell a story, sometimes a picture doesn't say enough, and a video says too much. Somewhere in between, a photo collage allows you to convey a compelling story without jeopardizing viewer interest.
In fact, photo collages are a great way to boost social engagement and interest in your business. One case study found that Facebook posts with more than one image received 1290% more clicks than posts with a single image. Photo collages are clearly a great way to make your brand stand out.
In terms of e-commerce, photo collages can have a profound influence on what and how much customers purchase. Used to their full potential, photo collages can spur upsell/cross-sell opportunities that result in greater sales.
Organizing collages into themes is a great way to accomplish this. For example, an online retailer of sporting goods may lead with a picture of a tent with pictures of complementary products (lanterns, sleeping bags, etc.) adjacent to it.
A practical example of a photo collage in action is one used by Allstate Insurance to convey a story and enhance their brand image.
In this example, we see the message Allstate is trying to deliver, and we can read between the lines to understand the story they're trying to tell. It's about family, relationships, service, and assurance that they'll be there to ensure you're "in good hands." This story builds confidence in their brand and drives conversions.
Filestack provides a powerful tool that enables you to create photo collages via our image transformation engine. The engine supports images up to 100,000,000 pixels and a maximum file size of 256 MB. The Collage feature allows you to create visually stunning photo collages that can help drive awareness, reinforce your brand image, drive sales and tell your unique story. If you'd like to learn more, read our documentation, or feel free to reach out to us with any questions you may have.


text:
Andy Warhol's Huge Market Presence
Art Fag Monday 21 Nov 2011
A One-Man Market
More Intelligent Life
Sara Friedlander, the 27-year-old head of First Open Sale at Christie's in New York, has a startling view of American art history. "Nothing good was made in the 19th century, nothing really good was made in the 18th century and American art in the 20th century for the first three, four or five decades was very elitist."
There was, in this view, no American Titian or Picasso, Raphael or Matisse. And then, suddenly, on July 9th 1962, there was. That was the date of the first solo show by Andy Warhol, the 33-year-old son of Slovakian immigrants. It was at the Ferus Gallery in Los Angeles and it consisted of a series of 32 paintings of Campbell's Soup Cans, one for each flavour—beef, clam chowder, cheddar cheese, etc. The response was underwhelming. Five sold for $100 each, but the gallery owner bought them back to keep the series intact.
Nevertheless, by the end of that year, Warhol had conquered New York, the capital of the art world, and America had the artist for which she had been waiting. "He reached a public", says Friedlander, "that no artist was able to do before him. Because he was able to accomplish what nobody else had done and in the way he was able to influence what came after him, I think that makes him, I would guess, the greatest artist of the 20th century."
There is nothing unorthodox about this claim. Almost unanimously, today's young art fans adore Andy as earlier generations adored Pablo Picasso or Jackson Pollock. "To the under-45s", says Georgina Adam of the Art Newspaper , "Warhol is what Picasso used to be to an older generation…and, like Picasso, he has become a man for all seasons."
This vast fan base has been reinforced by the shrewd licensing arrangements negotiated by the Andy Warhol Foundation for the Visual Arts, established under the terms of the artist's will. There have been Warhol skateboards, Warhol editions of Dom Pérignon champagne and countless Warhol fashion lines, including Pepe jeans and Diane von Furstenberg dresses. But, in a wider sense, Warhol's colours and styles—especially his use of pop style—pervade the culture. Any city street shows evidence of the astonishing power and durability of his imagery.
The market backs the enthusiasm of the young. Those original soup cans are not for sale: bought by the Los Angeles dealer for $1,000, they were sold to the Museum of Modern Art in New York in 1996 for $15m, a deal that promoted Warhol to art's first division. In 2008 a 12-foot-wide Warhol painting entitled "Eight Elvises", made in 1963, broke the $100m barrier, putting him in the same lofty bracket as Picasso, Pollock, Willem de Kooning and Gustav Klimt. The highest auction price, meanwhile, is $71.7m for "Green Car Crash" (1963). To put these dizzying prices in perspective, Titian recently achieved his highest ever auction price—$16.9m for "A Sacra Conversazione" from about 1560. This is an important picture by an artist many regard as the greatest painter that ever lived. But the market says that Warhol is more than five times better.
Warhol is now the god of contemporary art. He is indeed, it is said, the "American Picasso" or, if you prefer, the art market's one-man Dow Jones. In 2010 his work sold for a total of $313m and accounted for 17% of all contemporary auction sales. This was a 229% increase on the previous year—nothing bounced out of recession quite like a Warhol. But perhaps the most significant figure is the rise in his average auction prices between 1985 and the end of 2010: 3,400%. The contemporary-art market as a whole rose by about half that, the Dow by about a fifth. "Warhol is the backbone of any auction of post-war contemporary art," says Christopher Gaillard, president of the art consultants Gurr Johns. "He is the great moneymaker."
Some glee in the market is understandable—and not just because of the money. Warhol believed in fame and wealth: they were intrinsic to his aesthetic. The auctioneers are co-creators, carrying on Warhol's work post mortem, and the salerooms are extensions of the galleries. "How he would love it all!" says Sara Friedlander of the current frenzy. "I can see him at an auction, seated at front and centre with his Polaroid camera and his fright wig…I think of him in every sale we do."
Before Warhol, the believers argue, there was sterility; after Warhol there is a ravishing, visual cornucopia. Without him, they say, there would be no Jeff Koons, no Richard Prince, no Banksy, no Takashi Murakami, no Damien Hirst. Many of the fashionable artists in the world emerged from beneath Andy's fright wig.
There would also be no fun without Andy. The starting point for any assessment of his legacy is his instant accessibility: nobody need ever be puzzled by a Warhol—his lavish colours, his epic simplicity, above all his subject matter. "Andy always painted famous things," says the artist Michael Craig-Martin, "whether it was Liz Taylor or a Coke can."
"Even children love him," says Gul Coskun, a specialist Warhol dealer in London. "They stop their parents outside my shop. His pictures are big, colourful, they are not taxing academically. But they are taxing financially now."
All of which raises the question: is this a bubble—critical and financial—that will soon burst? In market terms, it seems likely if only because the rise in values has been so extreme. But the problem is that the market conceals more than it reveals. There are, it is said, 10,000 individual works—the exact number will only become clear when the vast catalogue raisonné is completed by the Warhol Foundation. They have just started work on Volume Four of this mighty project, but there is no current indication of when it will be finished.
About 200 Warhols come on the market each year. A large percentage are always bought by José Mugrabi, a New York-based dealer-collector who turns up at auctions in jeans, black T-shirt and baseball cap. Mugrabi made his money in textiles in Colombia. He moved to New York in 1982 and began collecting art. He likes to be seen to be buying and he is now believed to own 800 Warhols, some of them first-rank. Last year he is said to have bought more than 40% of the Warhols that came on the market. This scale of participation distorts the market and entails a risk of a swift collapse if Mugrabi were to withdraw. "The question is," says Noah Horowitz, author of "Art of the Deal: Contemporary Art in a Global Financial Market", "what value would those works sustain if and when the market sees some sort of correction?"
Probably only the Andy Warhol Foundation, which also oversees authentication and commercial exploitation of the works, has more Warhols than Mugrabi. The gallery-owner Larry Gagosian has a few too: in 2008 he spent around $200m on 15 to 20 Warhols from the collection of Ileana Sonnabend, an early fan. It would not be quite true to say that Mugrabi, Gagosian and the foundation control the market, but nobody doubts their combined ability to push up prices by sheer brute force. And the prices are further bolstered by museum demand. Few museums with aspirations to represent contemporary art want to be without one of Warhol's pictures. But this demand is subject to critical fashion. It is safe, therefore, to assume the prices are higher than a strictly open market would allow.
On top of that, the foundation always has the last word on what is and is not a Warhol—which can be tricky given that the work in question may be no more than a Brillo-pad box. Its authentications have not always been accepted. Joe Simon, an American film producer, has been fighting a long war with the foundation over the authenticity of a self-portrait he bought for $195,000 in 1989 (for a full account, go to myandywarhol.com). Later, wanting to sell, he submitted it to the foundation, which pronounced it inauthentic, stamping it "denied". A further resubmission resulted in another stamp—he had, in the jargon of the trade, been "double-denied". The two marks, Simon feels, have ruined the painting. He now plans to sue the foundation. "This is not just my fight," he says, "it's a fight for the integrity of Andy Warhol's work."
"The problem is", says Georgina Adam, "that the foundation wants Andy Warhol to be a high artist with high ideals, they want him to be like Leonardo da Vinci. They don't want to think that he just signed a lot of stuff without even looking at it, but he did."
If the works aren't always what they seem, neither are the auctions. "These sales are no longer auctions," says Allan Schwartzman, an art adviser. "To attract material at the top end, auction houses pre-sell the material to 'irrevocable bidders'. They are deliberate, orchestrated events." Irrevocable bids are guaranteed, pre-saleroom offers that ensure a work does not go unsold. But they also ensure that the price at auction may not strictly be a transparent meeting point between supply and demand; at times the auctions are little more than a theatre of private deals. Such arrangements are commonplace throughout the market, but they are especially important in the case of Warhol because of his absolute ascendancy and because of a market that is active while still being surprisingly narrow.
Christopher Gaillard does not think this is a problem. "Warhol is a global commodity now. His work is certainly supported by some key players we read about in the papers, but it's my belief that this is much more far-reaching than that. Warhol is the most powerful contemporary-art brand that exists. Picasso is another. It's about sheer, instant recognition and what comes along with it is a sense of wealth, glamour and power."
Whatever the hidden truth of the market, Warhol's ascendancy is out there in plain sight. And it is a perennial truth of the art business that high values tend to attract critical endorsement. "If you look at art history and criticism," says Julian Stallabrass of the Courtauld Institute in London, "a lot of it is promotional literature."
It is almost inevitable, therefore, that Warhol should be critically as well as commercially acclaimed. But the question is: does he deserve it? The answer begins with a pair of shoes.
In 1886 Vincent van Gogh painted a pair of very worn boots. It was a small painting—18 inches by 15—but a powerful one. It remains one of van Gogh's most familiar images. It is also one of the most densely discussed. Both the philosopher Martin Heidegger and the theorist and critic Frederic Jameson have pondered these boots. What they both conclude is that, in Jameson's words, "the work in its inert, objectal form is taken as a clue or symptom for some vaster reality which replaces it as its ultimate truth."
The painting is not simply an arrangement of pigments, nor even, primarily, a representation of something. It is, rather, a statement about a world that lies beyond the painting—the hard life and work of the peasant who wore these boots. It is a portrait of the man and his life painted in his absence. The painting is a window through which we see not just these boots but their place in a world of toil and struggle.
That, in fact, is exactly how people usually look at art, as a physical embodiment of wider meanings. What other reason is there to look at all? But Jameson goes on to compare van Gogh's boots with a Warhol print from 1980-81, "Diamond Dust Shoes". This work, says Jameson, "evidently no longer speaks to us with any of the immediacy of van Gogh's footgear; indeed, I am tempted to say that it does not really speak to us at all. Nothing in this painting organises even a minimal place for the viewer, who confronts it at the turning of a museum corridor or gallery with all the contingency of some inexplicable natural object."
That, in a nutshell, is the entire history of Warhol criticism. It all pivots on the meaning of the word "meaning" when applied to the visual arts. Warhol, a far more intelligent man than he liked to appear, understood this perfectly. "The more you look at the same exact thing," he said in 1975, "the more the meaning goes away and the better and emptier you feel." He also said: "Always leave them wanting less." He was in pursuit of an art that meant nothing.
The context in which his anti-definition of "meaning" appeared was that of a culturally triumphant post-war America. New York had usurped Paris as the capital of the art world and had given birth to its own art movement to rival those of the old Europe. Abstract expressionism ("AbEx") was widely seen as a statement that the United States need no longer suffer from any kind of cultural cringe. It has even been argued—though, in detail, also disputed—that these artists were financed and promoted by the CIA as ambassadors of freedom.
AbEx was a highly romantic version of modernism. It was a heroic confrontation between the artist and the canvas. The result, in the words of the critic Harold Rosenberg, was "not a picture but an event". Jackson Pollock laid his canvases on the floor and dripped paint on them. Mark Rothko's shimmering veils of paint yearned romantically for the beyond. Morris Louis and Barnett Newman barely disturbed the blankness with their marks. Willem de Kooning embraced chaos as he stabbed at his just-about-figurative images. These were existential heroes of Bohemia, not of the saleroom; their quest was limitless, spiritual and meditative.
The AbExes found their voice in Clement Greenberg. An incisive, highly intellectual critic, he explained the artists to themselves and the world. Primarily, he told them that a painting was not a window on the world; it was a world, a wholly distinct, two-dimensional event. The viewer and the artist both engaged with paint and canvas, not with some external realm, like the life of the peasant that lay beyond van Gogh's boots. Painters were not even required to engage with three-dimensional space, such was the primal truth of the canvas.
Meaning in abstract expressionism lay in the heroic act of the artist. In Rothko it lay in a form of spiritual contemplation; in Pollock it emerged from the carefully contained workings of chance. The personality of the artist was crucial. The paintings were windows that looked inwards to psychology rather than out to the world. They were hermetic, recognisable only as elevated forms of introspection. As Sara Friedlander puts it, they were "only interested in themselves".
AbEx was the orthodoxy of the 1950s, but it was a paradoxical posture, curiously opposed to the spirit of the age. The post-war boom was getting under way and new machines and goods were raining down on consumers. The world was entering the image-soaked future foreseen and described by Marshall McLuhan. And yet this was precisely what these world-conquering artists were not painting.
Warhol was as soaked in images as anybody. Through the 1950s he was a successful commercial artist, known, among other things, for his advertisements showing highly distinctive blotty ink drawings of shoes. But he was also a devoted gallery-goer, determined to break into the citadel of high art. In fact, though he is often talked about as the godfather of pop art, he was beaten into the citadel by several other aspirants, notably Roy Lichtenstein who, from 1961, produced his giant blow-ups of comic book images. Desperate, Warhol turned to Muriel Latow, an adventurous gallery owner. According to Tony Scherman and David Dalton in their book "Pop: The Genius of Andy Warhol", he said to her, "Just tell me what to paint."
In return for a $50 cheque, she told him "to think of the most common, everyday, instantly recognisable thing he could". He thought of his doting mother, Julia Warhola. Warhol had been, according to the philosopher and critic Gary Indiana, her "tantrum-prone, acne-riddled, albino lion cub", a difficult and sick child to whom she gave maximum attention. He was spoilt—the family's "moody, tyrannical centre-piece" who "shaped weaknesses into weapons for rejecting anyone he didn't like and avoiding anything he didn't want to do". Julia lived in the basement of the Manhattan town house he had bought with his money from his advertising commissions. She used to give him soup for lunch—Campbell's soup.
The cans he exhibited in Los Angeles emerged both from his mother's menu and from a love of the colourful world of consumption. So they were not quite as impersonal as is often claimed. "Warhol's approach to pop culture", Scherman and Dalton argue, "was far from purely aesthetic: from childhood on, he loved its products and worshipped its heroes and heroines."
But his psychology played no part in their reception: they were seen as works devoid of introspection, shocking statements of the obvious. Whereas innocent viewers could stand in front of a Pollock and get no answer to the question "What is it?", they would get an immediate answer standing in front of a Warhol. "It's a soup can."
"It seems", wrote the artist Donald Judd of a 1963 Warhol exhibition, "that the salient metaphysical question lately is 'Why does Andy Warhol paint Campbell Soup cans?' The only available answer is 'Why not?' "
click here to read the rest
O'Zebedee popfop Neurasthenic Nihilist Bronze Age Pervert


text:
What Does A Registration Rights Agreement Do
The issue of inconsistent registration rights provisions, which are routed through separate agreements for each cycle, is indeed sensitive. If the company`s standard is that the rights should not be due for three years from the date of the investment, what to do with investors in previous rounds who have held shares for almost three years? Will they have the first exclusive chance to have access to public securities? If the A-Series was sold last year (with a 51 per cent trigger) and the current favourite B-series is sold, is it possible to force Series A holders to join Series B (provided the number of shares in each series is the same) to avoid a situation where the trigger is suddenly held at 25.1 per cent (compared to 51 per cent) of the stock of the preferred share? Is the language of the agreement such that investors can claim, in previous cycles, to have a first priority for listing their shares in a "loon"? Finally, the inclusion of one`s own shares in a publicly signed offer is not the only way to sell shares. A holder of limited securities may sell his shares in a private company, albeit with an increase due to illiquidity; More importantly, it can "dribble" shares after the company`s publication in accordance with Rule 144. The registration rights of the holder of limited shares of an already public company are therefore redundant, unless the holder wants to sell before the expiry of the detention period under Rule 144 or the blockage is such that it cannot be "dribbled" within the "volume" or "type of sale" limits set by the rule. There are two main categories of registration fees: application rights and piggybacking rights. With the right to register on request, investors have the right to require a company to register shares with the SEC. After registration, shareholders will then be able to sell their shares to external investors and leave the company. With purchase rights, investors have the right to force a company to register common shares so that the investor can sell them without restriction on the public market. As a result, the company makes an IPO when the company is not yet public. Piggyback rights give the investor the right to include his shares in a registration made by the company. [3] The term "declaring" refers to the issuer of the securities for which the registration statement is filed. "33 Gesetz, Regel 405. [6] A "reverse piggyback" right occurs when investors exercise a right of application, impose a registration at their own expense (as part of the agreement) and the company seeks the right to "pawn" certain shares newly issued when registering investors.
See Frome – Max, Raising Capital: Private Placement Forms and Techniques, 673 (1981). Piggyback rights also allow investors to take precedence over acompany shareholders. This means that they can participate in the registration process, while others are excluded. Registration fees are displayed in the form of either "piggyback" or "request" ("Piggyback" or "request." Piggyback rights allow investors to include their shares in a registration currently in the planning phase of the business. Piggyback rights are generally not a problem for a company. The copyright is the nature of the registration fees described in the previous sections, and these may be controversial for the reasons examined. Unless there are clear and compelling reasons to initiate an IPO process, the founders and key players will reject the exercise of application rights. General restrictions – size, frequency and range. The natural interest of an investor is to negotiate open registration fees that allow unlimited and frequent registration of as many or fewer securities as desired. From the company`s point of view, limiting the number or frequency of recordings (or "take-downs" as part of a registration statement) for a given period (or in absolute terms) and f