ERISA Subrogation and the Controversy over Sereboff: Silencing the Critics, the Divided Bench Is a Legitimate Standard

ERISA protects employees in the administration ofemployer-sponsored benefit plans. When a party is injuredby third parties and a health and welfare benefit plangoverned by ERISA pays benefits, conflicts have arisenbetween insurers seeking subrogation and individualsseeking full recovery. Injured parties claim they shouldnot have to reimburse insurers while insurers denyresponsibility for damage caused by third parties. TheSupreme Court set the standard for plan fiduciary rightsto ERISA subrogation in Sereboff v. Mid Atlantic MedicalServices, Inc. Sereboff held that the plain wording of 29U.S.C. § 1132(a)(3) means equitable relief available underthe historically divided courts of law and equity. TheCourt reasoned that the statute specifies only equitablerelief\u27 rather than specific categories of equitable relief,such as constructive trusts and equitable liens.Controversy continues as scholars criticize the standard asunsupported by ERISA and contrary to ERISA\u27s purposes.This Note asserts that the standard is supported by statuteand precedent: Mertens v. Hewitt Associates and Great-West Life & Annuity Insurance Co. v. Knudson. ThisNote concludes that the Court established a workablestandard, the ultimate legitimacy of which lies in theequitable balance it achieves between fiduciary rights to enforce ERISA plan subrogation provisions and theprotection of beneficiaries. The critics should accept theCourt\u27s equitable solution: equitable relief under thedivided bench

Long-Range Coupling in an Allosteric Receptor Revealed by Mutant Cycle Analysis

The functional coupling of residues that are far apart in space is the quintessential property of allosteric proteins. For example, in Cys-loop receptors, the gating of an intrinsic ion channel is allosterically regulated by the binding of small molecule neurotransmitters 50–60 Å from the channel gate. Some residues near the binding site must have as their primary function the communication of the binding event to the gating region. These gating pathway residues are essential to function, but their identification and characterization can be challenging. This work introduces a simple strategy, derived from mutant cycle analysis, for identifying gating pathway residues using macroscopic measurements alone. In the exemplar Cys-loop receptor, the nicotinic acetylcholine receptor, a well-characterized reporter mutation (βL9′S) known to impact gating, was combined with mutations of target residues in the ligand-binding domain hypothesized or previously found to be functionally significant. A mutant cycle analysis of the macroscopic EC50 measurements can then provide insights into the role of the target residue. This new method, elucidating long-range functional coupling in allosteric receptors, can be applied to several reporter mutations in a wide variety of receptors to identify previously characterized and novel mutations that impact the gating pathway. We support our interpretation of macroscopic data with single-channel studies. Elucidating long-range functional coupling in allosteric receptors should be broadly applicable to determining functional roles of residues in allosteric receptors

Characterization and expression of the cbbE\u27 gene of Coxiella burnetii

A gene which is unique to the QpRS plasmid from chronic isolates of Coxiella burnetii was cloned, sequenced, and expressed in Escherichia coli. This gene, termed cbbE\u27, codes for a putative surface protein of approximately 55 kDa, termed the E\u27 protein. The cbbE\u27 gene is 1485 bp in length, and is preceded by predicted promoter regulatory sequences of TTTAAT (-35), TATAAT (-10), and a Shine-Dalgarno sequence of GGAGAGA, all of which closely resemble those of E. coli and other rickettsiae. The open reading frame (ORF) of cbbE\u27 ends with a UAA codon followed by a second in-frame UAG stop codon and a region of dyad symmetry which may act as a rho-factor-independent terminator. The ORF of cbbE\u27 is capable of coding for a polypeptide of 495 amino acids with a predicted molecular mass of 55893 Da. The E\u27 protein has a predicted pI of approximately 8.7, and contains a distinct hydrophobic region of 12 amino acid residues. In vitro transcription/translation and E. coli expression of recombinant plasmids containing cbbE\u27 produce a protein of approximately 55 kDa. The in vivo expression of cbbE\u27 yields a novel protein that can be detected on immunoblots developed with rabbit antiserum generated against purified outer membrane from C. burnetii. DNA hybridization analysis shows that cbbE\u27 is unique to the QpRS plasmid found in chronic isolates of C. burnetii, and is absent in chromosomal DNA and plasmids (QpH1, QpDG) from other isolates of C. burnetii. A search of various DNA and amino acid sequence data bases revealed no homologies to cbbE\u27

Continuous Wavelets on Compact Manifolds

Let $\bf M$ be a smooth compact oriented Riemannian manifold, and let $\Delta_{\bf M}$ be the Laplace-Beltrami operator on ${\bf M}$. Say 0 \neq f \in \mathcal{S}(\RR^+), and that $f(0) = 0$. For $t > 0$, let $K_t(x,y)$ denote the kernel of $f(t^2 \Delta_{\bf M})$. We show that $K_t$ is well-localized near the diagonal, in the sense that it satisfies estimates akin to those satisfied by the kernel of the convolution operator $f(t^2\Delta)$ on \RR^n. We define continuous ${\cal S}$-wavelets on ${\bf M}$, in such a manner that $K_t(x,y)$ satisfies this definition, because of its localization near the diagonal. Continuous ${\cal S}$-wavelets on ${\bf M}$ are analogous to continuous wavelets on \RR^n in \mathcal{S}(\RR^n). In particular, we are able to characterize the H$\ddot{o}$lder continuous functions on ${\bf M}$ by the size of their continuous ${\mathcal{S}}-$wavelet transforms, for H$\ddot{o}$lder exponents strictly between 0 and 1. If $\bf M$ is the torus \TT^2 or the sphere $S^2$, and $f(s)=se^{-s}$ (the ``Mexican hat'' situation), we obtain two explicit approximate formulas for $K_t$, one to be used when $t$ is large, and one to be used when $t$ is small

Investigating the veracity of self-reported post-traumatic growth: a profile analysis approach

Research into posttraumatic growth—positive psychological change that people report in their relationships, priorities in life, and self-perception after experiences of adversity—has been severely critiqued. We investigated the degree to which community members’ friends and relatives corroborated targets’ self-perceived positive and negative changes as measured by the Posttraumatic Growth Inventory-42. We found corroboration only for negative changes when we examined overall (averaged) scores. However, using a profile analysis procedure, we found significant participant–informant agreement on the domains of change that had relatively higher scores in the target’s profile and those that had relatively lower scores. Our results demonstrate that informants were able to observe that targets had changed and were sensitive to the idiosyncratic ways in which these changes had manifested in targets’ behavior

Apollo Lightcraft Project

This second year of the NASA/USRA-sponsored Advanced Aeronautical Design effort focused on systems integration and analysis of the Apollo Lightcraft. This beam-powered, single-stage-to-orbit vehicle is envisioned as the shuttlecraft of the 21st century. The five person vehicle was inspired largely by the Apollo Command Module, then reconfigured to include a new front seat with dual cockpit controls for the pilot and co-pilot, while still retaining the 3-abreast crew accommodations in the rear seat. The gross liftoff mass is 5550 kg, of which 500 kg is the payload and 300 kg is the LH2 propellant. The round trip cost to orbit is projected to be three orders of magnitude lower than the current space shuttle orbiter. The advanced laser-driven 5-speed combined-cycle engine has shiftpoints at Mach 1, 5, 11 and 25+. The Apollo Lightcraft can climb into low Earth orbit in three minutes, or fly to any spot on the globe in less than 45 minutes. Detailed investigations of the Apollo Lightcraft Project this second year further evolved the propulsion system design, while focusing on the following areas: (1) man/machine interface; (2) flight control systems; (3) power beaming system architecture; (4) re-entry aerodynamics; (5) shroud structural dynamics; and (6) optimal trajectory analysis. The principal new findings are documented. Advanced design efforts for the next academic year (1988/1989) will center on a one meter+ diameter spacecraft: the Lightcraft Technology Demonstrator (LTD). Detailed engineering design and analyses, as well as critical proof-of-concept experiments, will be carried out on this small, near-term machine. As presently conceived, the LTD could be constructed using state of the art components derived from existing liquid chemical rocket engine technology, advanced composite materials, and high power laser optics