Workmen\u27s Compensation: Recovery under the Positional Risk Doctrine for Personally Motivated Assaults

While performing duties for her employer, Lillian A. Schick was killed by her former husband. The employer manufactured tablepads and decedent’s job was to measure the tables of the retail outlet customers. Using an assumed name, Mrs. Schick’s former husband formulated and elaborate ruse whereby Mrs. Schick was sent to measure his table. Upon her arriving at his apartment he killed her and committed suicide. The referee of the Workmen’s Compensation Appeals Board issued a take nothing award, finding that injury and death did not arise out of the employment. On petition for reconsideration, the Workmen’s Compensation Appeals Board awarded compensation finding that the employment did contribute to the death by placing decedent in an isolated location and thereby facilitating the assault. The Court of Appeal annulled the award, accepting petitioner’s contention that the injury and death were caused by an assault originating in a personal dispute and thus could not arise out of the employment relationship. The Workmen’s Compensation Appeals Board’s petition for a hearing before the California Supreme Court was granted. Held, affirmed: Mrs. Schick’s duties placed her in an isolated location, which facilitated and thus contributed to her death. California Compensation and Fire Co. v. Workmen’s Compensation and Appeals Board, 68 Adv. Cal. 155, 436 P.2d 67, 65 Cal. Rptr. 155 (1968)

How Big a House of Cards-Private Actions and Insiders under Rule 10b-5

Today, the federal court interpretation of Rule 10b-5, promulgated by the SEC (under the authority of a federal statute, section 10b of the Securities Exchange Act) have become the cornerstone of a federal common law of corporations. Recently there has been expansive use of the rule to afford a private civil remedy for a defrauded buyer or seller of securities. The right to sue for either damages or rescission was not explicitly given by the statute or the rule, rather it has been implied by the courts. The dimensions of this new judicially crated right of action are still developing on a case by case bases. Each court which has a securities fraud question before it, reads into the right of action under Rule 10-b5 the elements of proof, restrictions, allowable plaintiffs and defendants which it deems appropriate. Precedent from common law actions of fraud are largely disregarded, for the right to sue emanates from a federal statute. Hence the courts are free to mold, at their pleasure, the right of action and remedy. The result has been that each circuit court of appeals has interpreted the rule differently, creating a lack of uniformity and a confused area of law

Oxygen transport in biofilm electrodes for screening of toxic chemicals

A biosensor electrode system with unique configuration and a thin layer of immobilized yeast cells, set on the surface of an amperometric oxygen membrane electrode, was developed for rapid screening of toxic chemicals in a variety of pollution and process control applications. Measurement is based on the instantaneous detection of changes in oxygen respiratory activity of biofilm of yeast cells upon exposure to toxic chemicals. The design of this electrode system, referred to as biofilm electrodes, was based on a mathematical model of oxygen transport in the biofilm and the electrochemical current response. The biofilm, which consists of three sublayers—boundary layer, filter pad, and yeast cell layer—was modeled as a one composite diffusion layer, or three separate layers in series. While the three layer model is more theoretically complete, the one layer model was more reliable and simpler to use.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/37412/1/690360105_ftp.pd

The Murchison Widefield Array: Design Overview

The Murchison Widefield Array (MWA) is a dipole-based aperture array synthesis telescope designed to operate in the 80-300 MHz frequency range. It is capable of a wide range of science investigations, but is initially focused on three key science projects. These are detection and characterization of 3-dimensional brightness temperature fluctuations in the 21cm line of neutral hydrogen during the Epoch of Reionization (EoR) at redshifts from 6 to 10, solar imaging and remote sensing of the inner heliosphere via propagation effects on signals from distant background sources,and high-sensitivity exploration of the variable radio sky. The array design features 8192 dual-polarization broad-band active dipoles, arranged into 512 tiles comprising 16 dipoles each. The tiles are quasi-randomly distributed over an aperture 1.5km in diameter, with a small number of outliers extending to 3km. All tile-tile baselines are correlated in custom FPGA-based hardware, yielding a Nyquist-sampled instantaneous monochromatic uv coverage and unprecedented point spread function (PSF) quality. The correlated data are calibrated in real time using novel position-dependent self-calibration algorithms. The array is located in the Murchison region of outback Western Australia. This region is characterized by extremely low population density and a superbly radio-quiet environment,allowing full exploitation of the instrumental capabilities.Comment: 9 pages, 5 figures, 1 table. Accepted for publication in Proceedings of the IEE

The M81 Group Dwarf Irregular Galaxy DDO 165. I. High Velocity Neutral Gas in a Post-Starburst System

We present new multi-configuration VLA HI spectral line observations of the M81 group dIrr post-starburst galaxy DDO 165. The HI morphology is complex, with multiple column density peaks surrounding a large region of very low HI surface density that is offset from the center of the stellar distribution. The bulk of the neutral gas is associated with the southern section of the galaxy; a secondary peak in the north contains ~15% of the total HI mass. These components appear to be kinematically distinct, suggesting that either tidal processes or large-scale blowout have recently shaped the ISM of DDO 165. Using spatially-resolved position-velocity maps, we find multiple localized high-velocity gas features. Cross-correlating with radius-velocity analyses, we identify eight shell/hole structures in the ISM with a range of sizes (~400-900 pc) and expansion velocities (~7-11 km/s). These structures are compared with narrow- and broad-band imaging from KPNO and HST. Using the latter data, recent works have shown that DDO 165's previous "burst" phase was extended temporally (>1 Gyr). We thus interpret the high-velocity gas features, HI holes, and kinematically distinct components of the galaxy in the context of the immediate effects of "feedback" from recent star formation. In addition to creating HI holes and shells, extended star formation events are capable of creating localized high velocity motion of the surrounding interstellar material. A companion paper connects the energetics from the HI and HST data.Comment: The Astrophysical Journal, in press. Full-resolution version available on request from the first autho

Pan-viral serology implicates enteroviruses in acute flaccid myelitis.

Since 2012, the United States of America has experienced a biennial spike in pediatric acute flaccid myelitis (AFM)1-6. Epidemiologic evidence suggests non-polio enteroviruses (EVs) are a potential etiology, yet EV RNA is rarely detected in cerebrospinal fluid (CSF)2. CSF from children with AFM (n = 42) and other pediatric neurologic disease controls (n = 58) were investigated for intrathecal antiviral antibodies, using a phage display library expressing 481,966 overlapping peptides derived from all known vertebrate and arboviruses (VirScan). Metagenomic next-generation sequencing (mNGS) of AFM CSF RNA (n = 20 cases) was also performed, both unbiased sequencing and with targeted enrichment for EVs. Using VirScan, the viral family significantly enriched by the CSF of AFM cases relative to controls was Picornaviridae, with the most enriched Picornaviridae peptides belonging to the genus Enterovirus (n = 29/42 cases versus 4/58 controls). EV VP1 ELISA confirmed this finding (n = 22/26 cases versus 7/50 controls). mNGS did not detect additional EV RNA. Despite rare detection of EV RNA, pan-viral serology frequently identified high levels of CSF EV-specific antibodies in AFM compared with controls, providing further evidence for a causal role of non-polio EVs in AFM

Simultaneous observations of giant pulses from the Crab pulsar, with the Murchison Widefield Array and Parkes radio telescope: implications for the giant pulse emission mechanism

We report on observations of giant pulses from the Crab pulsar performed simultaneously with the Parkes radio telescope and the incoherent combination of the Murchison Widefield Array (MWA) antenna tiles. The observations were performed over a duration of approximately one hour at a center frequency of 1382 MHz with 340 MHz bandwidth at Parkes, and at a center frequency of 193 MHz with 15 MHz bandwidth at the MWA. Our analysis has led to the detection of 55 giant pulses at the MWA and 2075 at Parkes above a threshold of 3.5σ and 6.5σ, respectively. We detected 51% of the MWA giant pulses at the Parkes radio telescope, with spectral indices in the range of-3.6 > α > -4.9 (Sv μ ∝ Va). We present a Monte Carlo analysis supporting the conjecture that the giant pulse emission in the Crab is intrinsically broadband, the less than 100% correlation being due to the relative sensitivities of the two instruments and the width of the spectral index distribution. Our observations are consistent with the hypothesis that the spectral index of giant pulses is drawn from normal distribution of standard deviation 0.6, but with a mean that displays an evolution with frequency from −3.00 at 1382 MHz, to −2.85 at 192 MHz

Simultaneous observations of giant pulses from the Crab pulsar, with the Murchison Widefield Array and Parkes radio telescope: implications for the giant pulse emission mechanism

We report on observations of giant pulses from the Crab pulsar performed simultaneously with the Parkes radio telescope and the incoherent combination of the Murchison Widefield Array (MWA) antenna tiles. The observations were performed over a duration of approximately one hour at a center frequency of 1382 MHz with 340 MHz bandwidth at Parkes, and at a center frequency of 193 MHz with 15 MHz bandwidth at the MWA. Our analysis has led to the detection of 55 giant pulses at the MWA and 2075 at Parkes above a threshold of 3.5σ and 6.5σ, respectively. We detected 51% of the MWA giant pulses at the Parkes radio telescope, with spectral indices in the range of-3.6 > α > -4.9 (Sv μ ∝ Va). We present a Monte Carlo analysis supporting the conjecture that the giant pulse emission in the Crab is intrinsically broadband, the less than 100% correlation being due to the relative sensitivities of the two instruments and the width of the spectral index distribution. Our observations are consistent with the hypothesis that the spectral index of giant pulses is drawn from normal distribution of standard deviation 0.6, but with a mean that displays an evolution with frequency from −3.00 at 1382 MHz, to −2.85 at 192 MHz

Combined approaches, including long-read sequencing, address the diagnostic challenge of HYDIN in primary ciliary dyskinesia

Primary ciliary dyskinesia (PCD), a disorder of the motile cilia, is now recognised as an underdiagnosed cause of bronchiectasis. Accurate PCD diagnosis comprises clinical assessment, analysis of cilia and the identification of biallelic variants in one of 50 known PCD-related genes, including HYDIN. HYDIN-related PCD is underdiagnosed due to the presence of a pseudogene, HYDIN2, with 98% sequence homology to HYDIN. This presents a significant challenge for Short-Read Next Generation Sequencing (SR-NGS) and analysis, and many diagnostic PCD gene panels do not include HYDIN. We have used a combined approach of SR-NGS with bioinformatic masking of HYDIN2, and state-of-the-art long-read Nanopore sequencing (LR_NGS), together with analysis of respiratory cilia including transmission electron microscopy and immunofluorescence to address the underdiagnosis of HYDIN as a cause of PCD. Bioinformatic masking of HYDIN2 after SR-NGS facilitated the detection of biallelic HYDIN variants in 15 of 437 families, but compromised the detection of copy number variants. Supplementing testing with LR-NGS detected HYDIN deletions in 2 families, where SR-NGS had detected a single heterozygous HYDIN variant. LR-NGS was also able to confirm true homozygosity in 2 families when parental testing was not possible. Utilising a combined genomic diagnostic approach, biallelic HYDIN variants were detected in 17 families from 242 genetically confirmed PCD cases, comprising 7% of our PCD cohort. This represents the largest reported HYDIN cohort to date and highlights previous underdiagnosis of HYDIN-associated PCD. Moreover this provides further evidence for the utility of LR-NGS in diagnostic testing, particularly for regions of high genomic complexity.</p