3,488 research outputs found

    The Trusteeship of Legal Rulemaking

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    Professor Robert D. Putnam\u27s work is, in many respects, the contemporary companion to Democracy in America.\u27 It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its social capital has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.\u27 His use of empirical and combined data, however, probes into the American spirit, indeed implying that the present setting is more dangerous. This method is in contrast to many other surveys and commentaries that are based significantly on anecdotal evidence or that worship earlier studies founded on less than empirical or weak social science technique

    Fertilizing Corn in South Dakota

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    This publication explains the nutrient requirements for corn as well as providing recommendations for nitrogen, phosphorus, potassium, and zinc application. Information on the time, method, and rate of application, fallow, phosphorus-induced zinc deficiency, and fertilizer for irrigated corn is also included

    Beyond the Formalism Debate: Expert Reasoning, Fuzzy Logic, and Complex Statutes

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    Formalists and antiformalists continue to debate the utility of using legislative history and current social values to interpret statutes. Lost in the debate, however, is a clear model of how judges actually make decisions. Rather than focusing on complex problems presented by actual judicial decisions, formalists and antiformalists concentrate on stylized examples of simple statutes. In this Article, Professors Adams and Farber construct a more functional model of judicial decisionmaking by focusing on complex problems. They use cognitive psychological research on expert reasoning and techniques from an emerging area in the field of artificial intelligence, fuzzy logic, to construct their model. To probe the complex interactions between judicial interpretation, the business and legal communities, and the legislature, the authors apply their model to two important bankruptcy cases written by prominent formalist judges. Professors Adams and Farber demonstrate how cognitive psychology and fuzzy logic can reveal the reasoning processes that both formalist and antiformalist judges use to interpret \u27complex statutes. To apply formalist rules, judges need to recognize the aspects of a case that trigger relevant rules. Cognitive psychologists have researched expert reasoning using this type of diagnostic process. Once the judge identifies the appropriate rules, she will often find they point in conflicting directions. Fuzzy logic provides a model of how to analyze such conflicts. Next, Professors Adams and Farber consider how these models of judicial decisionmaking inform efforts to improve statutory interpretation of complex statutes. They reason that expert decisionmaking builds on pattern recognition skills and fuzzy maps, both the result of intensive repeated experience. The authors explain that cases involving complex statutory interpretation frequently involve competing considerations, and that the implicit understandings of field insiders tend to be entrenched and difficult to displace. Consequently, Professors Adams and Farber argue that judges in specialty courts, such as the Bankruptcy Courts, are probably in a better position than generalist appellate judges to interpret complex statutes. Generalist judges should approach complex statutory issues with a strong degree of deference to the local culture of the field. Professors Adams and Farber conclude the Article with speculation on how fuzzy logic could be used in a more quantitative way to model legal problems. They note that computer modeling may ultimately provide insight into the subtle process of judicial practical reasoning, moving away from the false dichotomy often drawn between formalist and antiformalist approaches to practical judicial decision- making

    The Trusteeship of Legal Rulemaking

    Get PDF
    Professor Robert D. Putnam\u27s work is, in many respects, the contemporary companion to Democracy in America.\u27 It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its social capital has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.\u27 His use of empirical and combined data, however, probes into the American spirit, indeed implying that the present setting is more dangerous. This method is in contrast to many other surveys and commentaries that are based significantly on anecdotal evidence or that worship earlier studies founded on less than empirical or weak social science technique

    Augmenter of liver regeneration enhances the success rate of fetal pancreas transplantation in rodents

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    Background. Treatment of fetal pancreas (FP) isografts with insulin- like growth factor-I greatly improves the rate of conversion to euglycemia in diabetic rats. Complete knowledge of other factors that may facilitate the engraftment and function of FP in vivo is still embryonic. Augmenter of liver regeneration (ALR) is a newly described polypeptide growth factor found in weanling rat livers. ALR has trophic effects on regenerating liver. We studied the effects of in situ administration of this agent on FP isografts in rats. Methods. Streptozotocin-diabetic Lewis rats (blood glucose >300 mg/dl) received 16 FP isografts transplanted intramuscularly. ALR was delivered from day 1 through day 14, in doses of 40 or 400 ng/kg/d. Animals were followed for 3 months with serial weights and blood glucose monitoring. These animals were compared with those treated with vehicle alone. Results. Of the group treated with ALR at 40 ng/kg/day for 14 days, 89% (eight of nine) were euglycemic (P=0.0003). Of the group treated with ALR at 400 ng/kg/day for 14 days, 88% (seven of eight) were euglycemic (P=0.0007). Of the group treated with vehicle alone, none of the six were euglycemic. Euglycemia is defined here as glucose<200 mg/dl for 3 days. Pathology of the intramuscular transplant site showed patches of islet tissue embedded in fat. These patches demonstrated insulin immunoreactivity. Conclusions. Diabetes was reversed in a significantly greater proportion of FP + ALR-treated recipients than those animals treated with vehicle alone. Local delivery of growth factors my be used as an adjunct to FP transplantation to improve the rate of success. This in situ model may be useful to further evaluate other soluble factors

    An Investigation of Magneto-Optical Effects

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    We exhibit the effects of Faraday rotation on the direction of the transverse component of the magnetic field in a simple, symmetric sunspot. A set of 35 polarization filtergrams of NOAA active region 4662 (June 9, 1985) were obtained with the Marshall Space Flight Center (MSFC) vector magnetograph. These filtergrams measured the Stokes I, Q, U, and V intensities averaged over the instrument's filter bandpass (0.0125 nm) for wavelengths from 0.017 nm in the red wing to 0.017 nm in the blue wing of the Lambda525.22 nm spectral line in steps of 0.001 nm. These data were used to derive the azimuth phi of the vector field as a function of wavelength over the field of view of the sunspot. We interpret the observed variations of this azimuth with wavelength as the effects of Faraday rotation and verify this interpretation by comparing these variations with those predicted from magneto-optical theory. In the theoretical calculations we use the line-profile parameters and magnetic field strength derived in previous work by Balasubramaniam and West (Astrophys. J 382, p. 699, 1991)

    Innervation of Gill Lateral Cells in the Bivalve Mollusc Crassostrea virginica Affects Cellular Membrane Potential and Cilia Activity

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    Gill lateral cells of Crassostrea virginica are innervated by the branchial nerve, which contains serotonergic and dopaminergic fibers that regulate cilia beating rate. Terminal release of serotonin or dopamine results in an increase or decrease, respectively, of cilia beating rate in lateral gill cells. In this study we used the voltage sensitive fluorescent probe DiBAC4(3) to quantify changes in gill lateral cell membrane potential in response to electrical stimulation of the branchial nerve or to applications of serotonin and dopamine, and correlate these changes to cilia beating rates. Application of serotonin to gill lateral cells caused prolonged membrane depolarization, similar to plateau potentials, while increasing cilia beating rate. Application of dopamine hyperpolarized the resting membrane while decreasing cilia beating rate. Low frequency (5 Hz) electrical stimulations of the branchial nerve, which cause terminal release of endogenous serotonin, or high frequency (20 Hz) stimulations, which cause terminal release of endogenous dopamine, had the same effects on gill lateral cell membrane potentials and cilia beating rate as the respective applications of serotonin or dopamine. The study shows that innervation of gill lateral cells by the branchial nerve affects membrane potential as well as cilia beating rate, and demonstrates a strong correlation between changes in membrane potential and regulation of cilia beating rate. The study furthers the understanding of serotonin and dopamine signaling in the innervation and regulation of gill cilia in bivalves. The study also shows that voltage sensitive fluorescent probes like DiBAC 4(3) can be successfully used as an alternative to microelectrodes to measure changes in membrane potential of ciliated gill cells and other small cells with fast moving cilia

    Fertilizing Pasture and Hayland

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    Guide to fertilizing pasture and hayland discusses fertilization for forage production, established grass-legume mixtures, new seedings, and seed production

    A qualitative process evaluation of a randomised controlled trial of a parenting intervention in community (school) settings for children at risk of attention deficit hyperactivity disorder (ADHD)

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    Background: Interventions for parents of children experiencing emotional and/or behavioural difficulties can help to improve their children’s health, educational and social outcomes. However, the desirability and acceptability of screening and offering such interventions for attention-deficit hyperactivity disorder (ADHD)-type problems are currently unclear. This article is a qualitative process evaluation of a pragmatic cluster randomised controlled trial (Trial registration: ISRCTN87634685; reported elsewhere) to assess the feasibility and acceptability of a school-based parenting intervention programme for parents and teachers of children with high levels of ADHD symptoms. Methods: Parents (n = 22) and teaching staff (n = 29) took part in semi-structured group or individual interviews, either by telephone or face-to-face, following the main trial. Interviews were digitally-recorded, transcribed verbatim and subjected to thematic analysis. Results: The parenting intervention was acceptable to parents and teachers, and they were enthusiastic about the need for parenting groups in the school environment and stressed the importance of parent-school collaboration. Parents generally stated a preference for universal recruitment approaches to such programmes whilst teachers described the need to target specific parents. Most parents who took part in the parenting intervention described it favourably and many saw benefits, at least in the short-term. Parents differed in their preferred group size, with some desiring one-to-one sessions and others favouring a larger group. Non-attending parents reported barriers to attendance such as fear of attending in a group, previous use of the programme, work and other commitments. Suggestions to improve the programme included: clearer communication; offering booster sessions; and greater collaboration with teachers. Conclusions: It is feasible to deliver parenting intervention programmes within or near schools. The intervention was acceptable to the majority of parents, thus retention was high, but recruitment was difficult and reaching the parents with the most need was challenging. The findings of the process evaluation identified greater benefits to families than were apparent in the main trial. Recommendations identified by parents and teaching staff may be used to inform service delivery and future research to enhance recruitment to parenting interventions in the school environmen
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