Judicial Review of the Fact Findings of the Federal Trade Commission

Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that The findings of the Commission as to facts, if supported by testimony, shall be conclusive. This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified by reason of information, experience and study to administer the federal program against unfair competition and monopoly. The Trade Commission Act took the function of gathering evidence entirely out of the hands of the courts and vested it in the Commission. The Commission was given the power to employ experts and examiners, including attorneys, economists, accountants and specialists in various fields. It would seem, therefore, that by the terms conclusive, if supported by testimony Congress had it in mind that the administrative specialist rather than the court would determine the facts and draw the inferences therefrom. The test, then, which both logic and reason would seem to require the courts to adopt in determining whether or not the order of the Commission is to be upheld is simply this: Are the findings supported by substantial evidence? The court should not go beyond this to weigh the evidence or review the findings of fact found by the Commission. In a number of cases the Circuit Courts of Appeal have treated the findings of the Commission with due respect and have held that the findings were supported by evidence and as such were conclusive upon the courts. But the courts seem to have a natural suspicion of the functions of administrative officers and bodies and when the Commission presents a case which is not as strong as the court feels it should be it is more likely than not to set aside the administrative order and substitute therefor its own opinion. The courts have, of course, developed and evoked certain doctrines and rationalizations whereby to achieve their ends, while ostensibly obeying the legislative command. A study of the use of these rationalizations is necessary in order to determine to what extent the courts actually consider the fact findings of the Commission sufficient bases for decisions. This may perhaps best be done by first considering some of the more illustrative of those cases in which it has been found that the findings of the Commission were not supported by substantial evidence

Method for machining holes in composite materials

A method for boring well defined holes in a composite material such as graphite/epoxy is discussed. A slurry of silicon carbide powder and water is projected onto a work area of the composite material in which a hole is to be bored with a conventional drill bit. The silicon carbide powder and water slurry allow the drill bit, while experiencing only normal wear, to bore smooth, cylindrical holes in the composite material

Experimental Validation of a Forward Looking Interferometer for Detection of Clear Air Turbulence due to Mountain Waves

The Forward-Looking Interferometer (FLI) is an airborne sensor concept for detection and estimation of potential atmospheric hazards to aircraft. The FLI concept is based on high-resolution Infrared Fourier Transform Spectrometry technologies that have been developed for satellite remote sensing. The FLI is being evaluated for its potential to address multiple hazards, during all phases of flight, including clear air turbulence, volcanic ash, wake vortices, low slant range visibility, dry wind shear, and icing. In addition, the FLI is being evaluated for its potential to detect hazardous runway conditions during landing, such as wet or icy asphalt or concrete. The validation of model-based instrument and hazard simulation results is accomplished by comparing predicted performance against empirical data. In the mountain lee wave data collected in the previous FLI project, the data showed a damped, periodic mountain wave structure. The wave data itself will be of use in forecast and nowcast turbulence products such as the Graphical Turbulence Guidance and Graphical Turbulence Guidance Nowcast products. Determining how turbulence hazard estimates can be derived from FLI measurements will require further investigation

Nipah Virus-associated Encephalitis Outbreak, Siliguri, India

Nipah virus, not previously detected in India, caused an outbreak of febrile encephalitis in West Bengal

The Impact of Advocacy Organizations on Low-Income Housing Policy in U.S. Cities

Financial support for affordable housing competes with many other municipal priorities. This work seeks to explain the variation in support for affordable housing among U.S. cities with populations of 100,000 or more. Using multivariate statistical analysis, this research investigates political explanations for the level of city expenditures on housing and community with a particular interest in the influence of housing advocacy organizations (AOs). Data for the model were gathered from secondary sources, including the U.S. Census and the National Center for Charitable Statistics. Among other results, the analysis indicates that, on average, the political maturity of AOs has a statistically significant, positive effect on local housing and community development expenditures

Cytoplasmic p53 couples oncogene-driven glucose metabolism to apoptosis and is a therapeutic target in glioblastoma.

Cross-talk among oncogenic signaling and metabolic pathways may create opportunities for new therapeutic strategies in cancer. Here we show that although acute inhibition of EGFR-driven glucose metabolism induces only minimal cell death, it lowers the apoptotic threshold in a subset of patient-derived glioblastoma (GBM) cells. Mechanistic studies revealed that after attenuated glucose consumption, Bcl-xL blocks cytoplasmic p53 from triggering intrinsic apoptosis. Consequently, targeting of EGFR-driven glucose metabolism in combination with pharmacological stabilization of p53 with the brain-penetrant small molecule idasanutlin resulted in synthetic lethality in orthotopic glioblastoma xenograft models. Notably, neither the degree of EGFR-signaling inhibition nor genetic analysis of EGFR was sufficient to predict sensitivity to this therapeutic combination. However, detection of rapid inhibitory effects on [18F]fluorodeoxyglucose uptake, assessed through noninvasive positron emission tomography, was an effective predictive biomarker of response in vivo. Together, these studies identify a crucial link among oncogene signaling, glucose metabolism, and cytoplasmic p53, which may potentially be exploited for combination therapy in GBM and possibly other malignancies

Hypoplastic Left Heart Syndrome Current Considerations and Expectations

In the recent era, no congenital heart defect has undergone a more dramatic change in diagnostic approach, management, and outcomes than hypoplastic left heart syndrome (HLHS). During this time, survival to the age of 5 years (including Fontan) has ranged from 50% to 69%, but current expectations are that 70% of newborns born today with HLHS may reach adulthood. Although the 3-stage treatment approach to HLHS is now well founded, there is significant variation among centers. In this white paper, we present the current state of the art in our understanding and treatment of HLHS during the stages of care: 1) pre-Stage I: fetal and neonatal assessment and management; 2) Stage I: perioperative care, interstage monitoring, and management strategies; 3) Stage II: surgeries; 4) Stage III: Fontan surgery; and 5) long-term follow-up. Issues surrounding the genetics of HLHS, developmental outcomes, and quality of life are addressed in addition to the many other considerations for caring for this group of complex patients

Cryptic Speciation in Brazilian Epiperipatus (Onychophora: Peripatidae) Reveals an Underestimated Diversity among the Peripatid Velvet Worms

Taxonomical studies of the neotropical Peripatidae (Onychophora, velvet worms) have proven difficult, due to intraspecific variation and uniformity of morphological characters across this onychophoran subgroup. We therefore used molecular approaches, in addition to morphological methods, to explore the diversity of Epiperipatus from the Minas Gerais State of Brazil.Our analyses revealed three new species. While Epiperipatus diadenoproctussp. nov. can be distinguished from E. adenocryptussp. nov. and E. paurognostussp. nov. based on morphology and specific nucleotide positions in the mitochondrial cytochrome c oxidase subunit I (COI) and small ribosomal subunit RNA gene sequences (12S rRNA), anatomical differences between the two latter species are not evident. However, our phylogenetic analyses of molecular data suggest that they are cryptic species, with high Bayesian posterior probabilities and bootstrap and Bremer support values for each species clade. The sister group relationship of E. adenocryptussp. nov. and E. paurognostussp. nov. in our analyses correlates with the remarkable morphological similarity of these two species. To assess the species status of the new species, we performed a statistical parsimony network analysis based on 582 base pairs of the COI gene in our specimens, with the connection probability set to 95%. Our findings revealed no connections between groups of haplotypes, which have been recognized as allopatric lineages in our phylogenetic analyses, thus supporting our suggestion that they are separate species.Our findings suggest high cryptic species diversity and endemism among the neotropical Peripatidae and demonstrate that the combination of morphological and molecular approaches is helpful for clarifying the taxonomy and species diversity of this apparently large and diverse onychophoran group

Evasion of anti-growth signaling: a key step in tumorigenesis and potential target for treatment and prophylaxis by natural compounds

The evasion of anti-growth signaling is an important characteristic of cancer cells. In order to continue to proliferate, cancer cells must somehow uncouple themselves from the many signals that exist to slow down cell growth. Here, we define the anti-growth signaling process, and review several important pathways involved in growth signaling: p53, phosphatase and tensin homolog (PTEN), retinoblastoma protein (Rb), Hippo, growth differentiation factor 15 (GDF15), AT-rich interactive domain 1A (ARID1A), Notch, insulin-like growth factor (IGF), and Krüppel-like factor 5 (KLF5) pathways. Aberrations in these processes in cancer cells involve mutations and thus the suppression of genes that prevent growth, as well as mutation and activation of genes involved in driving cell growth. Using these pathways as examples, we prioritize molecular targets that might be leveraged to promote anti-growth signaling in cancer cells. Interestingly, naturally-occurring phytochemicals found in human diets (either singly or as mixtures) may promote anti-growth signaling, and do so without the potentially adverse effects associated with synthetic chemicals. We review examples of naturally-occurring phytochemicals that may be applied to prevent cancer by antagonizing growth signaling, and propose one phytochemical for each pathway. These are: epigallocatechin-3-gallate (EGCG) for the Rb pathway, luteolin for p53, curcumin for PTEN, porphyrins for Hippo, genistein for GDF15, resveratrol for ARID1A, withaferin A for Notch and diguelin for the IGF1-receptor pathway. The coordination of anti-growth signaling and natural compound studies will provide insight into the future application of these compounds in the clinical setting