Forced Preservation: Electronic Evidence and the Business Records Hearsay Exception

To be admissible under the hearsay rule's business records exception set out in Federal Rule of Evidence 803(6), the record in question must have been “kept in the ordinary course of a regularly conducted business activity.” Many electronic records, however, remain in a company's files only because the company had a duty to preserve them once it reasonably anticipated litigation or a government subpoena. The company otherwise typically would have deleted those electronically stored data in the regular operation of its business to make room on its burdened servers. This Article argues that such presumptive deletion undermines the trustworthiness and reliability of a business record, and thus the rationale of Rule 803(6). Courts should therefore focus on the unique elements of the creation and preservation of electronic evidence, and consider whether a company truly kept the record at issue in the course of business, or simply because a duty to preserve required it

Forced Preservation: Electronic Evidence and the Business Records Hearsay Exception

To be admissible under the hearsay rule's business records exception set out in Federal Rule of Evidence 803(6), the record in question must have been “kept in the ordinary course of a regularly conducted business activity.” Many electronic records, however, remain in a company's files only because the company had a duty to preserve them once it reasonably anticipated litigation or a government subpoena. The company otherwise typically would have deleted those electronically stored data in the regular operation of its business to make room on its burdened servers. This Article argues that such presumptive deletion undermines the trustworthiness and reliability of a business record, and thus the rationale of Rule 803(6). Courts should therefore focus on the unique elements of the creation and preservation of electronic evidence, and consider whether a company truly kept the record at issue in the course of business, or simply because a duty to preserve required it

Characterisation of porous solids using small-angle scattering and NMR cryoporometry

The characteristics of several porous systems have been studied by the use of small-angle neutron scattering [SANS] and nuclear magnetic resonance [NMR] techniques. The measurements reveal different characteristics for sol-gel silicas, activated carbons and ordered mesoporous silicas of the MCM and SBA type. Good agreement is obtained between gas adsorption measurements and the NMR and SANS results for pore sizes above 10 nm. Recent measurements of the water/ice phase transformation in SBA silicas by neutron diffraction are also presented and indicate a complex relationship that will require more detailed treatment in terms of the possible effects of microporosity in the silica substrate. The complementarity of the different methods is emphasised and there is brief discussion of issues related to possible future developments

Cultivation of embryos of Drosophyllum lusitanicum link-an insectivorous plant

There has been growing interest in recent years in the understanding of nutrition and flowering of insectivorous angiosperms in axenic cultures. This note reports our preliminary results on the cultivation of seeds and embroys of Drosophyllum lusitanicum Link. The seed is pyramidal in shape and has a thick, black seed coat. The mature embryo is small and fully organized. The bulk of the seed is occupied by the cellular, starchy endosperm. Modified White's medium containing 2% sucrose and solidified with 0.8% agar but without IAA served as the basal medium (WB). Mature seeds were surface sterilized with chlorine water and planted on WB as well as on WB + 500 mg/1 each of beef extract, casein hydrolysate and yeast extract separately

Quantification of aortic valvuloplasty catheter size using a metrology system based on brightfield microscopy

Balloon aortic valvuloplasty (BAV) has been employed [1] as a simple and low-cost treatment method for patients with severe aortic stenosis, for symptom palliation in patients considered inoperable, for aortic valve replacement and to select the proper transcatheter heart valve (THV) size. During THV implantation choosing the correct balloon size is paramount for minimizing the risks of coronary occlusion, annular damage or THV embolization. Current methods for selecting the proper balloon dimensions are based on transesophageal echocardiography and computed tomography requiring trained staff for image interpretation, expensive equipment and high doses of patient radiation exposure. Alternative methods propose the use of BAV to determine the correct THV size before its implantation [2]. The strategy is based on determining the BAV aortic anulus using a sterile caliper. Any slight pressure to the balloon may compromise the measurement accuracy. In this paper, we present a non-contact metrology system for BAV measurement based on bright field microscopy (BFM). The balloons under test (MedTek-22 and TrueDilation-22) were clamped vertically, employing a tension spring to restrict movement and ensure perpendicularity to the microscope optical axis. The BFM is based on an Olympus PLN 4X WD~18.5mm, NA 0.1, a tube lens (f~180mm) and a FL3-U3- 13S2M-CS camera mounted on top of a custom-made linear stage having a coarse resolution of ~ 3.3µm. Balloon expansion was performed using a Boston scientific Encore 26 inflation device. The balloons are made up of an outer shell with an internal catheter tube (Ø~2mm). By focusing the microscope on the internal tube, then moving the linear stage to refocus on the balloon outer wall, the inner tube to outer wall dimension (see figure inset) can be accurately measured using the linear stage digital readout. The balloon was inflated up to six times recording the pressure and radius at each stage of inflation (twice the amount required for THV). Our non-contact method preserves the catheter sterile conditions and allows the accurate measurement of the BAV anulus showing: a) repeatability of the achieved balloon radius within all the inflation rounds, b) accurate measurements with a standard error of ±200 µm c) and a variation of 1.38 ±0.0387 mm from the manufacturer data. Knowing the exact balloon dimensions is crucial for avoiding the adverse consequences of THV oversizing. Our method may potentially improve the safety and efficacy of THV implantation

Pressure-tuning of the electron-phonon coupling: the insulator to metal transition in manganites

A comprehensive understanding of the physical origin of the unique magnetic and transport properties of A_(1-x)A'^xMnO_3 manganites (A = trivalent rare-earth and A' = divalent alkali-earth metal) is still far from being achieved. The complexity of these systems arises from the interplay among several competing interactions of comparable strength. Recently the electron-phonon coupling, triggered by a Jahn-Teller distortion of the MnO_6 octahedra, has been recognised to play an essential role in the insulator to metal transition and in the closely related colossal magneto-resistance. The pressure tuning of the octahedral distortion gives a unique possibility to separate the basic interactions and, at least in principle, to follow the progressive transformation of a manganite from an intermediate towards a weak electron-phonon coupling regime. Using a diamond anvil cell, temperature and pressure-dependent infrared absorption spectra of La_(0.75)Ca_(0.25)MnO_3 have been collected and, from the spectral weight analysis, the pressure dependence of the insulator to metal transition temperature T_IM has been determined for the first time up to 11.2 GPa. The T_IM(P) curve we proposed to model the present data revealed a universality character in accounting for the whole class of intermediate coupling compounds. This property can be exploited to distinguish the intermediate from the weak coupling compounds pointing out the fundamental differences between the two coupling regimes.Comment: 8 pages, 4 figure

Resonance raman characterization of the forms of ground-state 8-substituted 7-hydroxyquinoline caged acetate compounds in aqueous solutions

Monday Poster Session: Resonance Raman in Biological and Chemical Systems (MP22) - Poster Number: 0978-substituted 7-hydroxyquinolines, like 8-chloro-7-hydroxyquinoline (CHQ) and 8-cyano-7-hydroxyquinoline (CyHQ), are able to be useful for 1PE and 2PE and their acetate acids CHQ−OAc and CyHQ−OAc were also able to undergo photolysis reactions in neutral aqueous buffer solutions. To examine the substituent effect on the relative populations of the forms of the ground state species of 8-substituted 7-hydroxyquinolines, ultraviolet absorption and resonance Raman spectroscopy experiments were done for CHQ–OAc and CyHQ–OAc in differnt solutions.postprintThe 22nd International Conference on Raman Spectroscopy (ICORS 2010), Boston, MA., 8-13 August 2010