When Does Sleaze Become A Crime? Redefining Honest Services Fraud after \u3cem\u3eSkilling v. United States\u3c/em\u3e

Honest services fraud, which is defined as a scheme or artifice to deprive another of the intangible right of “honest services,” is just one tool in the federal government’s extensive arsenal used to prosecute public corruption and private corporate fraud. The Supreme Court curtailed the expansion of this versatile theory twice in the past three decades, most recently in June 2010 in Skilling v. United States. In Skilling, the Court held, inter alia, that the federal honest services statute covers only bribery and kickback schemes and not undisclosed self-dealing. Months later, members of Congress proposed the Honest Services Restoration Act (HSRA) to undo some of the effects of the Skilling decision. This Note argues that in some instances the proposed HSRA criminalizes too narrow or too broad a range of conduct. To address concerns about overcriminalization of petty misconduct, abuse of prosecutorial discretion, and violation of federalism principles, any amendment to the honest services statute should draw upon past federal appellate court rationale and implement reasoned limiting principles to clearly define the scope of the statute. In particular, a reformulated honest services statute should specify 1) the source of the fiduciary duty, the breach of which constitutes fraud; 2) the specific intent to defraud as the mens rea of the crime; and 3) illegitimate gain to the accused or harm to the victim as alternative sufficient limiting principles to ensure that conduct rises to the level of criminal fraud

Gender Dynamics at a Christian Liberal Arts College

Research studies in recent decades have described the limiting effects of a “chilly climate” on women’s opportunities within higher educational settings. Additionally, much has been written about how gender role expectations within evangelical Christianity impact women. This study sought to understand the gender assumptions of faculty and students, to explore the impact these assumptions have on gender dynamics in the classroom, and to reveal the educational experiences and aspirations of female students at a Christian evangelical liberal arts college. Further, this study sought to explore whether female students feel they are thriving or merely surviving their college experience. This research utilized focus group interviews with 16 female and eight male students. The sample groups pulled from the diverse areas of academic study as well as ethnicity. Also, 10 faculty members were interviewed to hear their opinions, feelings, and experiences on the subject

Comparison of Common PLC Methods Used in VoIP Networks

Abstract -VoIP is very emerging technology in last years and telecommunication operators seek to profit from it. The main advantage of this technology is usage of existing infrastructure in the form of wide coverage of Internet connection. Unfortunately, this advantage brings some weak points that are expectable because of the quality of Internet connection. The quality of a signal on a receiving side is affected by many disturbances that have to be suppressed. This paper deals with some methods which are used for suppressing of consequences of these effects. There were compared several methods implemented only on the receiving side of telecommunication chain. The efficiency of these methods was assessed by both subjective and objective tests

Gesture analysis for physics education researchers

Systematic observations of student gestures can not only fill in gaps in students' verbal expressions, but can also offer valuable information about student ideas, including their source, their novelty to the speaker, and their construction in real time. This paper provides a review of the research in gesture analysis that is most relevant to physics education researchers and illustrates gesture analysis for the purpose of better understanding student thinking about physics.Comment: 14 page

Level densities and γ\gamma-strength functions in 148,149^{148,149}Sm

The level densities and $\gamma$-strength functions of the weakly deformed $^{148}$Sm and $^{149}$Sm nuclei have been extracted. The temperature versus excitation energy curve, derived within the framework of the micro canonical ensemble, shows structures, which we associate with the break up of Cooper pairs. The nuclear heat capacity is deduced within the framework of both the micro canonical and the canonical ensemble. We observe negative heat capacity in the micro canonical ensemble whereas the canonical heat capacity exhibits an S-shape as function of temperature, both signals of a phase transition. The structures in the $\gamma$-strength functions are discussed in terms of the pygmy resonance and the scissors mode built on exited states. The samarium results are compared with data for the well deformed $^{161,162}$Dy, $^{166,167}$Er and $^{171,172}$Yb isotopes and with data from (n,$\gamma$)-experiments and giant dipole resonance studies.Comment: 12 figure

Regulation of protein synthesis in mammary glands of lactating dairy cows by starch and amino acids

The objective of this study was to evaluate local molecular adaptations proposed to regulate protein synthesis in the mammary glands. It was hypothesized that AA and energy-yielding substrates independently regulate AA metabolism and protein synthesis in mammary glands by a combination of systemic and local mechanisms. Six primiparous mid-lactation Holstein cows with ruminal cannulas were randomly assigned to 4 treatment sequences in a replicated incomplete 4 x 4 Latin square design experiment. Treatments were abomasal infusions of casein and starch in a 2 x 2 factorial arrangement. All animals received the same basal diet (17.6% crude protein and 6.61 MJ of net energy for lactation/kg of DM) throughout the study. Cows were restricted to 70% of ad libitum intake and abomasally infused for 36 h with water, casein (0.86 kg/d), starch (2 kg/d), or a combination (2 kg/d starch + 0.86 kg/d casein) using peristaltic pumps. Milk yields and composition were assessed throughout the study. Arterial and venous plasma samples were collected every 20 min during the last 8 h of infusion to assess mammary uptake. Mammary biopsy samples were collected at the end of each infusion and assessed for the phosphorylation state of selected intracellular signaling molecules that regulate protein synthesis. Animals infused with casein had increased arterial concentrations of AA, increased mammary extraction of AA from plasma, either no change or a trend for reduced mammary AA clearance rates, and no change in milk protein yield. Animals infused with starch had increased milk and milk protein yields, increased mammary plasma flow, reduced arterial concentrations of AA, and increased mammary clearance rates and net uptake of some AA. Infusions of starch increased plasma concentrations of glucose, insulin, and insulin-like growth factor-I. Starch infusions increased phosphorylation of ribosomal protein S6 and endothelial nitric oxide synthase, consistent with changes in milk protein yields and plasma flow, respectively. Phosphorylation of the mammalian target of rapamycin was increased in response to starch only when casein was also infused. Thus, cell signaling molecules involved in the regulation of protein synthesis differentially responded to these nutritional stimuli. The hypothesized independent effects of casein and starch on animal metabolism and cell signaling were not observed, presumably because of the lack of a milk protein response to infused casein

Identification and Characterization of AES-135, a Hydroxamic Acid-Based HDAC Inhibitor That Prolongs Survival in an Orthotopic Mouse Model of Pancreatic Cancer

Pancreatic ductal adenocarcinoma (PDAC) is an aggressive, incurable cancer with a 20% 1 year survival rate. While standard-of-care therapy can prolong life in a small fraction of cases, PDAC is inherently resistant to current treatments, and novel therapies are urgently required. Histone deacetylase (HDAC) inhibitors are effective in killing pancreatic cancer cells in in vitro PDAC studies, and although there are a few clinical studies investigating combination therapy including HDAC inhibitors, no HDAC drug or combination therapy with an HDAC drug has been approved for the treatment of PDAC. We developed an inhibitor of HDACs, AES-135, that exhibits nanomolar inhibitory activity against HDAC3, HDAC6, and HDAC11 in biochemical assays. In a three-dimensional coculture model, AES-135 kills low-passage patient-derived tumor spheroids selectively over surrounding cancer-associated fibroblasts and has excellent pharmacokinetic properties in vivo. In an orthotopic murine model of pancreatic cancer, AES-135 prolongs survival significantly, therefore representing a candidate for further preclinical testing

Present Status and Future Programs of the n_TOF Experiment

This is an Open Access article distributed under the terms of the Creative Commons Attribution-Noncommercial License 3.0, which permits unrestricted use, distribution, and reproduction in any noncommercial medium, provided the original work is properly citedThe neutron time-of-flight facility n_TOF at CERN, Switzerland, operational since 2001, delivers neutrons using the Proton Synchrotron (PS) 20 GeV/c proton beam impinging on a lead spallation target. The facility combines a very high instantaneous neutron flux, an excellent time of flight resolution due to the distance between the experimental area and the production target (185 meters), a low intrinsic background and a wide range of neutron energies, from thermal to GeV neutrons. These characteristics provide a unique possibility to perform neutron-induced capture and fission cross-section measurements for applications in nuclear astrophysics and in nuclear reactor technology.The most relevant measurements performed up to now and foreseen for the future will be presented in this contribution. The overall efficiency of the experimental program and the range of possible measurements achievable with the construction of a second experimental area (EAR-2), vertically located 20 m on top of the n_TOF spallation target, might offer a substantial improvement in measurement sensitivities. A feasibility study of the possible realisation of the installation extension will be also presented

The CERN n_TOF facility: a unique tool for nuclear data measurement

The study of the resonant structures in neutron-nucleus cross-sections, and therefore of the compoundnucleus reaction mechanism, requires spectroscopic measurements to determine with high accuracy the energy of the neutron interacting with the material under study. To this purpose, the neutron time-of-flight facility n_TOF has been operating since 2001 at CERN. Its characteristics, such as the high intensity instantaneous neutron flux, the wide energy range from thermal to few GeV, and the very good energy resolution, are perfectly suited to perform highquality measurements of neutron-induced reaction cross sections. The precise and accurate knowledge of these cross sections plays a fundamental role in nuclear technologies, nuclear astrophysics and nuclear physics. Two different measuring stations are available at the n_TOF facility, called EAR1 and EAR2, with different characteristics of intensity of the neutron flux and energy resolution. These experimental areas, combined with advanced detection systems lead to a great flexibility in performing challenging measurement of high precision and accuracy, and allow the investigation isotopes with very low cross sections, or available only in small quantities, or with very high specific activity. The characteristics and performances of the two experimental areas of the n_TOF facility will be presented, together with the most important measurements performed to date and their physics case. In addition, the significant upcoming measurements will be introduced.Postprint (published version