Truth or Consequences: The Dilemma of Asserting the Fifth Amendment Privilege Against Self-Incrimination in Bankruptcy Proceedings

This article discusses both the manner in which issues regarding the Fifth Amendment privilege against self-incrimination may arise in bankruptcy cases and the many potential consequences of asserting the privilege. Parts II and III provide a general overview of the bankruptcy process and the Fifth Amendment, respectively. Part IV examines whether and to what extent the privilege against self-incrimination protects corporations and their directors, officers, and shareholders. Part V offers a similar examination of the extent to which the Fifth Amendment protects against the compelled production of documents. Parts VI and VII address the closely related topics of invocation and waiver of the privilege. Part VIII analyzes what may well be the most serious potential consequence of invoking the privilege-the court’s drawing an adverse inference against the individual choosing to remain silent. Part IX analyzes other, at least arguably, less serious potential consequences when the court draws such inferences. Part X discusses the question of whether a bankruptcy court can and should stay bankruptcy proceedings pending the outcome of criminal proceedings against an individual who invokes the privilege against self-incrimination during a bankruptcy proceeding. Finally, Part XI deals with immunity, an often suggested but seldom granted means of resolving the inherent conflict between the individual’s right to remain silent and other parties’ interests in full disclosure

The Little Paint Site: A Classic Toyah Camp on the South Llano River, Kimble County, Texas

On behalf of the Texas Department of Transportation (TxDOT), SWCA Environmental Consultants (SWCA) conducted testing and data recovery investigations at the Little Paint site (41KM226), a prehistoric multi-component site in the US 377 right-of-way along the South Llano River in Kimble County, Texas. While the site revealed Archaic and Late Prehistoric components, the earlier components were stratigraphically intermixed. Consequently, data recovery focused almost entirely on a discrete Toyah component, which, based on earlier test excavations conducted in August and September 2006, had previously been determined to be eligible for listing on the National Register of Historic Places and as a State Archeological Landmark. SWCA performed the investigations under Texas Antiquities Permits 4184 and 4318. Kevin A. Miller served as Principal Investigator. The excavations recovered approximately 102 m2 of a stratigraphically-discrete Toyah component consisting of rock-lined hearths, Perdiz points, Cliffton points, a bird-bone bead, bone-tempered ceramics, bifaces, scrapers (notably end scrapers on blade-flakes), various informal lithic tools, drills, awls, debitage, and faunal remains. Based on the assemblage, the site is interpreted as a Toyah basecamp as indicated by a diversity of tool forms and site furniture. The component has good integrity, is vertically and horizontally discrete, and contains a substantial amount of archaeological materials. The suite of 16 radiometric dates indicates intermittent Toyah occupations between 240 and 570 years ago, a time range that is generally consistent with recognized span of the Toyah assemblage. The archaeological assemblage and site structure, however, suggests a possible single Toyah occupation. While not a focal point of the data recovery investigations, the excavations also recovered mixed Archaic components below the Toyah component. Artifacts include diagnostic point styles that indicate Late Archaic to early Late Prehistoric occupations, representing 1,000 to 2,000 years of the regional cultural chronology compressed within a thin stratum. Based on the findings, the depositional conditions below the Toyah component, as was previously determined by the testing data, were found to be generally not conducive to the formation of stratigraphic separation of the successive occupations. This compression resulted in intermixing of components and poor integrity. Below the mixed Archaic zone, deeply buried Middle to Early Archaic deposits were identified. These retained a better potential for significant isolable strata, but these deeper deposits were beyond the project impacts and therefore were not the subject of mitigative efforts. The deeper deposits are preserved by avoidance. As previously determined and further substantiated by the data recovery investigations, the Little Paint site, because of the Toyah component and perhaps earlier deposits, is eligible for National Register of Historic Places listing under Criterion D, 36 CFR 60.4, and eligible for State Archeological Landmark designation under Criteria 1 and 2 of the Rules of Practice and Procedure for the Antiquities Code of Texas, 13 TAC 26.8. The excavations have mitigated the adverse effects of the US 377 bridge replacement by recovering the vast majority of the Toyah component within the area of potential effect of the roadway undertaking. No further archaeological work is recommended. Portions of the site outside of the right-of-way have not been fully evaluated. The artifacts and records from the project are curated at the Center for Archaeological Studies, Texas State University

Tantalum versus Titanium Acetabular Shells in Young Active THR Patients: A Radiostereometric Analysis (RSA) Study

Introduction: In the active THR (total hip replacement) population, acetabular component stability is crucial for preventing implant failure. Titanium fiber metal coating is the most common material used in cementless THR. Trabecular metal, composed of porous tantalum, is designed to improve tissue infiltration and limit migration. It is unknown if tantalum offers an advantage over titanium in the biologic fixation of porous-coated acetabular shells. Radiostereometric analysis (RSA) provides highly precise measurements of micromotion that are otherwise not detectable by routine radiographs. Methods: In this IRB approved, prospective, randomized, blinded study, 46 patients received a primary THR by a single surgeon. Each patient was randomized to receive a titanium (23) or tantalum (23) uncemented cup. Tantalum RSA markers were implanted around the polyethylene liner and into the patient’s femur and periacetabular bone. Also, patients received either a highly cross-linked (n=25) or a conventional liner (n=21). RSA examinations, Harris Hip, UCLA, WOMAC, SF-12 scores were obtained at 10 days, 6 months, and annually through 5 years. Results: The randomized groups had comparable mean age, preoperative activity, and average BMI. The tantalum shells demonstrated less median translation than the titanium shells at each time-point, but there was no statistical difference between the two shells. At 6 months median translation of tantalum and titanium was -0.01mm and 0.04mm and remained stable with median translation of -0.02mm and 0.04mm at four years. Mean UCLA, WOMAC, Harris Hip, and SF-12 PCS and MCS scores improved similarly in both groups. Conclusions: After THR, both patient cohorts had excellent clinical outcomes with statistically significant improvements in function and pain relief. Although tantalum porous-coated acetabular shells demonstrated less y-translation and y-rotation at all time points, there was no statistically significant difference in shell migration and both shells demonstrated excellent stability with minimal micromotion at four years

Implications of Programmed Death Ligand-1 Positivity in Non-Clear Cell Renal Cell Carcinoma

The purpose of this study was to assess the prognostic value of programmed death ligand-1 (PD-L1) positivity in a non-clear cell renal cell carcinoma (non-ccRCC) cohort. PD-L1 expression was evaluated by immunohistochemistry (IHC) using formalin-fixed paraffin-embedded (FFPE) specimens from 45 non-ccRCC patients with available tissue. PD-L1 positivity was defined as ≥1% of staining. Histopathological characteristics and oncological outcomes were correlated to PD-L1 expression. Cancer-specific survival (CSS) and recurrence-free survival (RFS) stratified by PD-L1 status were estimated using the Kaplan–Meier method. Median age was 58 years and median follow-up was 40 months. Non-ccRCC subtypes included sarcomatoid (n = 9), rhabdoid (n = 6), medullary (n = 2), Xp11.2 translocation (n = 2), collecting duct (n = 1), papillary type I (n = 11), and papillary type II (n = 14). PD-L1 positivity was noted in nine (20%) patients. PD-L1 positivity was significantly associated with higher Fuhrman nuclear grade (P = 0.048) and perineural invasion (P = 0.043). Five-year CSS was 73.2 and 83% for PD-L1 positive and negative tumors, respectively (P = 0.47). Five-year RFS was 55.6 and 61.5% for PD-L1 positive and negative tumors, respectively (P = 0.58). PD-L1 was expressed in a fifth of non-ccRCC cases and was associated with adverse histopathologic features. Expression of biomarkers such PD-L1 may help better risk-stratify non-ccRCC patients to guide treatment decisions and follow-up strategies

Quantitative assessment of cartilage surface roughness in osteoarthritis using high frequency ultrasound

Osteoarthritis (OA) is a common disease which affects nearly 50% of people over age 60. Histologic evaluation suggests that fibrillations ~20-150 [mu]m are among the earliest changes in the articular cartilage. We propose a technique to quantify these surface fibrillatory changes in osteoarthritic articular cartilage by considering the angular distribution of the envelope-detected backscattered pressure field from an incident 30-MHz focused transducer. The angular distribution of the scattered acoustic field from an insonifying source will directly relate to the distribution of surface fibrillatory changes. Data are presented for three different grades (400, 500 and 600 grit) of commercially available emory paper and three samples of osteoarthritic femoral head articular cartilage, which were visually assessed as having smooth, intermediate and rough surfaces, respectively. Our preliminary results indicate a probable monotonic relationship between articular cartilage roughening and the degree of broadening in the angle-dependent pressure amplitude. When applied to the emory paper, the technique indicates sensitivity to differences as small as ~5-10 [mu]m in mean roughness. This procedure may provide an extremely sensitive and reproducible means of quantifying and following the cartilage changes observed in early osteoarthritis.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/30279/1/0000680.pd