Yet Another Hearsay Exception: How Much Can Labels Prove in Missouri

In Moore v. Director of Revenue, the Southern District of the Missouri Court of Appeals encountered a fact situation that, upon a cursory reading, seems to touch upon an established rule of evidence. A cursory perusal, however, would overlook an evidentiary issue previously undetermined in Missouri. By creating a new exception to the hearsay rule, the Moore court approved the admissibility of labels used to prove container contents. Because this case presents an unusual context for the introduction of labels used to prove contents of a container and little case law discusses the matters at issue, many questions remain as to the scope and application of this new exception to the hearsay rule. Depending upon future explanation and interpretation, this new exception to the hearsay rule could have very influential ramifications affecting cases far beyond the factual situation presented in Moore

Knocking Out Motor Vehicle Insurance Household Exclusions: Does the Financial Responsibility Law Cover All Bases

This Note discusses the issues presented by the conflicts between Missouri\u27s Motor Vehicle Financial Responsibility Law, a legislative act intended to provide compensation for persons injured in vehicular accidents, and contractual exclusion clauses contained in motor vehicle liability insurance policies. A household or family exclusion clause, the type of liability insurance contract exclusion at issue in Halpin, typically states that no coverage exists for any obligation an insured may have to a member of the insured\u27s family who is residing in the same household as the insured.\u27 The household exclusion is designed to eliminate coverage when one family member\u27s negligence results in liability to another family member.\u27 Motor vehicle insurance policies typically include other exclusionary clauses also designed to deny coverage in specific situations, such as a household exclusion, an automobile business or a business use exclusion,6 a garage shop provision, or a named insured exclusion.\u2

Spatial heterogeneity of soil nutrients and plant species in herb-dominated communities of contrasting land use

Recent interest in spatial pattern in terrestrial ecosystems has come from an awareness of theintimate relationship between spatial heterogeneity of soil resources and maintenance of plant species diversity. Soil and vegetation can vary spatially inresponse to several state factors of the system. In this study, we examined fine-scale spatial variability of soil nutrients and vascular plant species in contrasting herb-dominated communities (a pasture and an oldfield) to determine degree of spatial dependenceamong soil variables and plant community characteristics within these communities by sampling at 1-m intervals. Each site was divided into 25 1-m 2 plots. Mineral soil was sampled (2-cm diameter, 5-cm depth) from each of four 0.25-m2 quarters and combined into a single composite sample per plot. Soil organic matter was measured as loss-on-ignition. Extractable NH4 and NO3 were determined before and after laboratory incubation to determine potential net N mineralization and nitrification. Cations were analyzed using inductively coupled plasma emission spectrometry. Vegetation was assessed using estimated percent cover. Most soiland plant variables exhibited sharp contrasts betweenpasture and old-field sites, with the old field having significantly higher net N mineralization/nitrification, pH, Ca, Mg, Al, plant cover, and species diversity, richness, and evenness. Multiple regressions revealedthat all plant variables (species diversity, richness,evenness, and cover) were significantly related to soil characteristics (available nitrogen, organic matter,moisture, pH, Ca, and Mg) in the pasture; in the old field only cover was significantly related to soil characteristics (organic matter and moisture). Both sites contrasted sharply with respect to spatial pattern of soil variables, with the old field exhibiting a higher degree of spatial dependence. These results demonstrate that land-use practices can exert profound influence on spatial heterogeneity of both soil properties and vegetation in herb-dominated communities

A Comparison Of Late Lateral Energy (GLL) and Lateral Energy Fraction (LF) Measurements Using a Spherical Microphone Array and Conventional Methods

Late Lateral Energy Level (GLL) and Lateral Energy Fraction (LF) are two room acoustics measures that have both been shown to correlate with certain aspects of the spatial impression of a listening space. In order to obtain these quantities, the lateral energy must be measured, which is typically carried out using microphones with a figure-of-eight (figure-8) polar pickup pattern. However, most commercially available figure-8 microphones are intended for use in audio recording applications, and are not laboratory-grade or designed for room acoustics impulse response (IR) measurements. Such microphones may suffer from non-ideal frequency response and/or directivity patterns. This study compares measurements that were taken in a 2500 seat auditorium using an omni-directional and studio-grade figure-8 microphone pair versus the omni-directional and dipole components extracted from a 32 element spherical microphone array. The results show that the two measurement methods agree in the 500 Hz and higher octave bands, but differ at low frequencies due to differences in the directivity patterns. The difference of the LF average from 125 Hz to 1 kHz for the two methods was between 0.59 and 1.81 just noticeable differences (JNDs) at the six receiver locations. The difference of the GLL average from 125 Hz to 1 kHz for the two methods was between 0.02 and 0.48 JNDs (applying the JND for strength of 1 dB). It was also found that repeatability error was present at one of the six receiver locations for the LF measurements, but was very small for the GLL measurements

Spatial heterogeneity of soil nutrients and plant species in herb-dominated communities of contrasting land use

Recent interest in spatial pattern in terrestrial ecosystems has come from an awareness of theintimate relationship between spatial heterogeneity of soil resources and maintenance of plant species diversity. Soil and vegetation can vary spatially inresponse to several state factors of the system. In this study, we examined fine-scale spatial variability of soil nutrients and vascular plant species in contrasting herb-dominated communities (a pasture and an oldfield) to determine degree of spatial dependenceamong soil variables and plant community characteristics within these communities by sampling at 1-m intervals. Each site was divided into 25 1-m 2 plots. Mineral soil was sampled (2-cm diameter, 5-cm depth) from each of four 0.25-m2 quarters and combined into a single composite sample per plot. Soil organic matter was measured as loss-on-ignition. Extractable NH4 and NO3 were determined before and after laboratory incubation to determine potential net N mineralization and nitrification. Cations were analyzed using inductively coupled plasma emission spectrometry. Vegetation was assessed using estimated percent cover. Most soiland plant variables exhibited sharp contrasts betweenpasture and old-field sites, with the old field having significantly higher net N mineralization/nitrification, pH, Ca, Mg, Al, plant cover, and species diversity, richness, and evenness. Multiple regressions revealedthat all plant variables (species diversity, richness,evenness, and cover) were significantly related to soil characteristics (available nitrogen, organic matter,moisture, pH, Ca, and Mg) in the pasture; in the old field only cover was significantly related to soil characteristics (organic matter and moisture). Both sites contrasted sharply with respect to spatial pattern of soil variables, with the old field exhibiting a higher degree of spatial dependence. These results demonstrate that land-use practices can exert profound influence on spatial heterogeneity of both soil properties and vegetation in herb-dominated communities

Interaction of Nitrogen and Flue Gas Desulfurization Sulfur for Production of Corn

This poster was presented at the annual ASA/CSSA/SSSA meetings in Indianapolis, IN in Nov. 2006Nitrogen deficiency in soil often limits corn (Zea mays L.) growth, thus requiring fertilizer N inputs to achieve optimum yields. Nitrogen fertilizer is becoming more expensive and methods are needed to improve N use efficiency. Sulfur deficiency in several crops, including corn, has recently been observed in Ohio. However, little information is available related to the interaction of N and S fertilizers to effect the production of corn. Field experiments were conducted on a silt loam soil at Wooster, Ohio from 2002 to 2005 to test corn responses to the addition of N (seven rates from 0 to 233 kg ha-1) and S (two rates of 0 and 33 kg ha-1) from flue gas desulfurization (FGD) products. Corn grain yields, averaged over 4 years, were increased 7.0% when S was applied. This increase was statistically significant (P < 0.05). A statistically significant interaction effect of N by S was observed in 2004 and 2005 with the low N rates from 0 to 133 kg ha-1 responding better to S than the high N rates. The highest grain yields were reached at the 133 kg N ha-1 application rate with S addition. This suggests that S application can improve N use efficiency and decrease the amount of N required for optimum corn production. Reduced N fertilizer application rates can also help maintain good water quality. Nitrogen, P, K, Mg and S in corn grain were slightly increased by application of 33 kg ha-1 of S when N was applied at rates of 100 and 200 kg ha-1. These results indicate application of N fertilizer with S promoted uptake, by corn plants, of N and other major plant nutrients

Thermal degradation of Cross-Linked Polyisoprene and Polychloroprene

Polyisoprene and polychloroprene have been cross-linked either in solution or in solid state using free radical initiators. In the comparable experimental conditions higher cross-linking density was observed in the solid state process. Independent of the cross-linking method, polychloroprene tended to give a higher gel content and cross-link density than does polyisoprene. Infrared characterization of the cross-linked materials showed cis-trans isomerization occurred in the polyisoprene initiated by benzoyl peroxide, whereas no isomerization was found in the samples initiated by dicumyl peroxide. Polyisoprene does not cross-link by heating in a thermal analyzer, whereas polychloroprene easily undergoes cross-linking in such conditions. Infrared spectroscopy showed that in the case of polyisoprene, rearrangements occur upon heating which lead to the formation of terminal double bonds, while polychloroprene loses hydrogen chlorine which leads to a conjugated structure. There is apparently some enhancement of the thermal and thermal oxidative stability of polyisoprene because of the cross-linking. Cross-linked polychloroprene is less thermally stable than the virgin polymer. Cross-linking promotes polymers charring in the main step of weight loss in air, which leads to enhanced transitory char

Non-canonical functions of the RB protein in cancer

The canonical model of RB-mediated tumour suppression developed over the past 30 years is based on the regulation of E2F transcription factors to restrict cell cycle progression. Several additional functions have been proposed for RB, on the basis of which a non-canonical RB pathway can be described. Mechanistically, the non-canonical RB pathway promotes histone modification and regulates chromosome structure in a manner distinct from cell cycle regulation. These functions have implications for chemotherapy response and resistance to targeted anticancer agents. This Opinion offers a framework to guide future studies of RB in basic and clinical research

Early Contrast Enhancement: a novel Magnetic Resonance Imaging biomarker of pleural malignancy

Introduction: Pleural Malignancy (PM) is often occult on subjective radiological assessment. We sought to define a novel, semi-objective Magnetic Resonance Imaging (MRI) biomarker of PM, targeted to increased tumour microvessel density (MVD) and applicable to minimal pleural thickening. Materials and methods: 60 consecutive patients with suspected PM underwent contrast-enhanced 3-T MRI then pleural biopsy. In 58/60, parietal pleura signal intensity (SI) was measured in multiple regions of interest (ROI) at multiple time-points, generating ROI SI/time curves and Mean SI gradient (MSIG: SI increment/time). The diagnostic performance of Early Contrast Enhancement (ECE; which was defined as a SI peak in at least one ROI at or before 4.5 min) was compared with subjective MRI and Computed Tomography (CT) morphology results. MSIG was correlated against tumour MVD (based on Factor VIII immunostain) in 31 patients with Mesothelioma. Results: 71% (41/58) patients had PM. Pleural thickening was &#60;10 mm in 49/58 (84%). ECE sensitivity was 83% (95% CI 61–94%), specificity 83% (95% CI 68–91%), positive predictive value 68% (95% CI 47–84%), negative predictive value 92% (78–97%). ECE performance was similar or superior to subjective CT and MRI. MSIG correlated with MVD (r = 0.4258, p = .02). Discussion: ECE is a semi-objective, perfusion-based biomarker of PM, measurable in minimal pleural thickening. Further studies are warranted