Collateral Estoppel and the Right to a Jury Trial: \u3ci\u3eShore v. Parklane Hosiery Co.\u3c/i\u3e, 565 F.2d 815 (2d Cir. 1977), \u3ci\u3ecert. granted\u3c/i\u3e, 46 U.S.L.W. 3674-75 (U.S. May 2, 1978) (No. 77-1305)

Determining when the United States Constitution requires a jury trial in civil actions involves the analysis of various policy considerations. Two considerations—a party\u27s right to a jury trial and the use of collateral estoppel—have seemingly clashed in two federal courts of appeals decisions. This Note discusses the holding in Shore v. Parklane Hosiery Co. and the reasons the second circuit felt Rachal v. Hill was wrongly decided. Finally, the effect of these two decisions on various policy considerations of both procedure and the security laws is examined. I. Introduction II. The Facts III. The Decision of the Court of Appeals … A. Rachal v. Hill … B. The Policy Grounds … C. The Historical Grounds IV. Analysis V. Conclusio

Controlling roadside noncrop pine in SE Oklahoma using selected glyphosate formulations with and without LI 700 and Milestone VM Plus

Noncrop pine control is a major issue confronting managers of openings along roadsides and in clearcuts.Herbicides containing glyphosate are commonly used for pine control. Traditionally, managers have applied 4 quarts product/acre with inconsistent results. LI 700 is a penetrating non-ionic surfactant that contains lecithin. Selected treatments of Makaze, Accord Concentrate and Accord XRT II, some with and without LI 700 or Milestone VM Plus, were tested for control of loblolly (Pinus taeda L) and shortleaf (P. echinata Mill) pines in southeastern OK. Herbicides were applied at 15 GPA on 10-Jun-08. Plots were evaluated for control on 14- Jun-09. Three glyphosate formulations at 4 quarts product/acre produced dramatically different results exemplifying the state of operations today. All 6-quart and 8-quart formulations provided \u3e89 percent control. Treatments with LI 700 exhibited more control than comparable treatments without LI 700. Adding 4 quarts product/acre of Milestone VM Plus to 4 quarts product/acre of Accord XRT II increased control numerically over Accord XRT II alone. Managers seeking to control unwanted pines while using less product, should consider Makaze (6 quarts product/acre). This treatment required less active ingredient to provide statistically similar pine control as higher rates of glyphosate

Apparatus for real-time acoustic imaging of Rayleigh-Benard convection

We have designed and built an apparatus for real-time acoustic imaging of convective flow patterns in optically opaque fluids. This apparatus takes advantage of recent advances in two-dimensional ultrasound transducer array technology; it employs a modified version of a commercially available ultrasound camera, similar to those employed in non-destructive testing of solids. Images of convection patterns are generated by observing the lateral variation of the temperature dependent speed of sound via refraction of acoustic plane waves passing vertically through the fluid layer. The apparatus has been validated by observing convection rolls in both silicone oil and ferrofluid.Comment: 20 pages, 11 figures, submitted to the Review of Scientific Instrument

The ‘Botanical Triad’: The Presence of Insectary Plants Enhances Natural Enemy Abundance on Trap Crop Plants in an Organic Cabbage Agro-Ecosystem

Habitat manipulation through the incorporation of non-crop plants such as trap crops (to lure pests away from the cash crop) and insectary plants (to provide resources for natural enemies) into agro-ecosystems is an ecological approach to pest management. In a field-scale study, we quantified the effects of integrating the use of trap crops with insectary plants as a novel method to control pest herbivores in an organic cabbage agro-ecosystem. We hypothesized that pests would be concentrated in the trap crop habitat and suppressed by insectary-subsidized natural enemies in situ. We documented arthropod abundance (both adults and immature stages) associated with (1) two insectary plant species (sweet alyssum, Lobularia maritima, and buckwheat, Fagopyrum esculentum) either alone or in combination; (2) a trap crop mixture of mighty mustard (Brassica juncea), red Russian kale (Brassica oleracea var. acephala), and glossy collards (Brassica oleracea var. italica), and (3) cabbage cash crop (Brassica oleracea var. capitata). Trap crops were more attractive to pests than the cash crop. On a per-plant basis, densities of the herbivores Evergestis rimosalis, Trichoplusia ni, and Plutella xylostella were 154, 37, and 161× greater on the kale trap crop than on the cabbage cash crop, and 54, 18, and 89× greater on the collards trap crop than on the cash crop. Insectary plants contributed to the consumption of pests that aggregated on the trap crop. Parasitism of E. rimosalis by the braconid wasp Cotesia orobenae was significantly increased, and the abundance of eggs and larvae of the predatory coccinellid beetle Coleomegilla maculata was greater on the trap crop in the presence of insectary plants compared to trap crops that lacked insectary plants. The ‘Botanical Triad’ of cash crop, trap crop, and insectary plants represents a new type of agro-ecosystem manipulation that integrates ecosystem service providers (e.g., predators and parasitoids) within the cropping system

X-ray Spectral Signatures of the Photon Bubble Model for Ultraluminous X-ray Sources

The nature of ultraluminous X-ray sources in nearby galaxies is one of the major open questions in modern X-ray astrophysics. One possible explanation for these objects is an inhomogeneous, radiation dominated accretion disk around a $\sim 10 M_{\odot}$ black hole -- the so-called ``photon bubble'' model. While previous studies of this model have focused primarily on its radiation-hydrodynamics aspects, in this paper, we provide an analysis of its X-ray spectral (continuum and possible edge and line) characteristics. Compton reflection between high and low density regions in the disk may provide the key to distinguishing this model from others, such as accretion onto an intermediate mass black hole. We couple a Monte Carlo/Fokker-Planck radiation transport code with the XSTAR code for reflection to simulate the photon spectra produced in a photon bubble model for ULXs. We find that reflection components tend to be very weak and in most cases not observable, and make predictions for the shape of the high-energy Comptonizing spectra. In many cases the Comptonization dominates the spectra even down to $\sim$ a few keV. In one simulation, a \sim 9 \kev feature was found, which may be considered a signature of photon bubbles in ULXs; furthermore, we make predictions of high energy power-laws which may be observed by future instruments.Comment: Accepted for publication in the Astrophysical Journa

Network synchronization of groups

In this paper we study synchronized motions in complex networks in which there are distinct groups of nodes where the dynamical systems on each node within a group are the same but are different for nodes in different groups. Both continuous time and discrete time systems are considered. We initially focus on the case where two groups are present and the network has bipartite topology (i.e., links exist between nodes in different groups but not between nodes in the same group). We also show that group synchronous motions are compatible with more general network topologies, where there are also connections within the groups

Cognitive impact of neuronal antibodies: encephalitis and beyond

Abstract: Cognitive dysfunction is a common feature of autoimmune encephalitis. Pathogenic neuronal surface antibodies are thought to mediate distinct profiles of cognitive impairment in both the acute and chronic phases of encephalitis. In this review, we describe the cognitive impairment associated with each antibody-mediated syndrome and, using evidence from imaging and animal studies, examine how the nature of the impairment relates to the underlying neuroimmunological and receptor-based mechanisms. Neuronal surface antibodies, particularly serum NMDA receptor antibodies, are also found outside of encephalitis although the clinical significance of this has yet to be fully determined. We discuss evidence highlighting their prevalence, and association with cognitive outcomes, in a number of common disorders including cancer and schizophrenia. We consider mechanisms, including blood-brain barrier dysfunction, which could determine the impact of these antibodies outside encephalitis and account for much of the clinical heterogeneity observed

A negative effect of a pathogen on its vector? A plant pathogen increases the vulnerability of its vector to attack by natural enemies

Plant pathogens that are dependent on arthropod vectors for transmission from host to host may enhance their own success by promoting vector survival and/or performance. The effect of pathogens on vectors may be direct or indirect, with indirect effects mediated by increases in host quality or reductions in the vulnerability of vectors to natural enemies. We investigated whether the bird cherry-oat aphid Rhopalosiphum padi, a vector of cereal yellow dwarf virus (CYDV) in wheat, experiences a reduction in rates of attack by the parasitoid wasp Aphidius colemani when actively harboring the plant pathogen. We manipulated the vector status of aphids (virus carrying or virus free) and evaluated the impact on the rate of attack by wasps. We found that vector status did not influence the survival or fecundity of aphids in the absence of parasitoids. However, virus-carrying aphids experienced higher rates of parasitism and greater overall population suppression by parasitoid wasps than virus-free aphids. Moreover, virus-carrying aphids were accepted as hosts by wasps more often than virus-free aphids, with a greater number of wasps stinging virus-carrying aphids following assessment by antennal palpations than virus-free aphids. Therefore, counter to the prevailing idea that persistent vector-borne pathogens enhance the performance of their vectors, we found that infectious aphids actively carrying a plant pathogen experience greater vulnerability to natural enemies. Our results suggest that parasitoids may contribute to the successful biological control of CYDV by disproportionately impacting virus-carrying vectors, and thus reducing the proportion of vectors in the population that are infectious

A negative effect of a pathogen on its vector? A plant pathogen increases the vulnerability of its vector to attack by natural enemies

Plant pathogens that are dependent on arthropod vectors for transmission from host to host may enhance their own success by promoting vector survival and/or performance. The effect of pathogens on vectors may be direct or indirect, with indirect effects mediated by increases in host quality or reductions in the vulnerability of vectors to natural enemies. We investigated whether the bird cherry-oat aphid Rhopalosiphum padi, a vector of cereal yellow dwarf virus (CYDV) in wheat, experiences a reduction in rates of attack by the parasitoid wasp Aphidius colemani when actively harboring the plant pathogen. We manipulated the vector status of aphids (virus carrying or virus free) and evaluated the impact on the rate of attack by wasps. We found that vector status did not influence the survival or fecundity of aphids in the absence of parasitoids. However, virus-carrying aphids experienced higher rates of parasitism and greater overall population suppression by parasitoid wasps than virus-free aphids. Moreover, virus-carrying aphids were accepted as hosts by wasps more often than virus-free aphids, with a greater number of wasps stinging virus-carrying aphids following assessment by antennal palpations than virus-free aphids. Therefore, counter to the prevailing idea that persistent vector-borne pathogens enhance the performance of their vectors, we found that infectious aphids actively carrying a plant pathogen experience greater vulnerability to natural enemies. Our results suggest that parasitoids may contribute to the successful biological control of CYDV by disproportionately impacting virus-carrying vectors, and thus reducing the proportion of vectors in the population that are infectious