Torts—Automobile Accident as a Transaction within the Meaning of the Dead Man Statute

The subject case, Fincham v. Mueller (166 Neb. 376, 89 N.W.2d 137 [1958]), involves an action for personal injuries resulting from a two-car collision at a country road intersection in which Mueller, driver of one of the cars, was killed. The driver of the other car, Fincham Sr., brought the action against the decedent’s estate as father and next friend of his eight-year-old son, Fincham Jr., who was riding with him as his guest. There were no eyewitnesses to the accident. At the trial, Fincham Sr. was allowed to testify as to his own vehicle and his operation thereof but not as to the action of the decedent and his vehicle, the trial judge sustaining objections to such testimony under the so-called Dead Man Statute. HELD: Judgment for defendant. The trial court granted defendant’s motion to dismiss on the grounds that there was no showing of negligence on decedent’s part, which ruling was affirmed on appeal. Under section 25-308 of the Nebraska Revised Statutes, Fincham Sr., as next friend for his son, was liable for the costs of the action. This liability has been deemed sufficient to constitute a direct legal interest so as to bar the witness from testifying under the Nebraska Dead Man Statute. Thus, the question of whether or not an automobile accident is a transaction within the meaning of section 25-1202 of the Nebraska Revised Statutes was properly before the Nebraska Supreme Court. It is interesting to note that had Fincham Jr.’s mother or a third-party guardian brought the action for him, the above question would not have arisen, since whether the accident was a transaction or not, Fincham Sr. would no doubt have been a competent witness as he would not have had a direct legal interest in the result of the action

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Phase distortions of attosecond pulses produced by resonance-enhanced high harmonic generation

Resonant enhancement of high harmonic generation can be obtained in plasmas containing ions with strong radiative transitions resonant with harmonic orders. The mechanism for this enhancement is still debated. We perform the first temporal characterization of the attosecond emission from a tin plasma under near-resonant conditions for two different resonance detunings. We show that the resonance considerably changes the relative phase of neighbouring harmonics. For very small detunings, their phase locking may even be lost, evidencing strong phase distortions in the emission process and a modified attosecond structure. These features are well reproduced by our simulations, allowing their interpretation in terms of the phase of the recombination dipole moment

Load planning for shipments of low density products

This paper presents a complex computer-based heuristic procedure for sizing customer orders and developing three dimensional load diagrams for rail and truck shipment of low density products. This heuristic procedure was developed for, and is in various phases of implementation at, a large multinational U.S.-based consumer products company. Products are shipped daily in high volume from inventory in corrugated containers of various sizes depending on the product package sizes and customer requirements. Vehicles used include railcars, truck trailers and tandem truck trailers, which also vary in size depending upon need and availability. In most cases, product volume or material handling considerations limit the amount of product loaded into vehicles before weight restrictions are met. Hence, the emphasis here is on low density products. The procedure developed has been demonstrated to significantly increase vehicle utilization, and improve customer service. It is fast and accurate enough to be used in real time during the order entry process. It has also been used successfully in a vehicle feasibility study of single versus tandem trailers.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/28752/1/0000582.pd

Characterization, treatment patterns, and patient-related outcomes of patients with Fragile X syndrome in Germany: final results of the observational EXPLAIN-FXS study

BACKGROUND: As data on the phenotype, characteristics and management of patients with Fragile X Syndrome (FXS) are limited, we aimed to collect such data in Germany in experienced centres involved in the treatment of such patients. METHODS: EXPLAIN-FXS is a prospective observational (non-interventional) study (registry) performed between April 2013 and January 2016 at 18 sites in Germany. Requirements for patient participation included confirmed diagnosis of FXS by genetic testing (>200 CGG repeats) and written informed consent. Patients were followed for up to 2 years. RESULTS: Seventy-five patients (84.0 % males, mean age 16.7 +/- 14.5 years, ranging from 2 - 82 years) were analysed. The mean 6-item score, determined according to Giangreco (J Pediatr 129:611-614, 1996), was 6.9 +/- 2.5 points. At least one neurological finding each was noted in 53 patients (69.7 %). Specifically, ataxia was noted in 5 patients (6.6 %), lack of fine motor skills in 40 patients, (52.6 %), muscle tonus disorder in 4 patients (5.3 %), and other neurological disorders in 39 patients (51.3 %). Spasticity was not noted in any patient. Seizures were reported in 6 patients (8.1 %), anxiety disorders in 22 patients (30.1 %), depression in 7 patients (9.6 %), ADHD/ADD in 36 patients (49.3 %), impairment of social behavior in 39 patients (53.4 %), and other comorbidities in 23 patients (31.5 %). The mean Aberrant Behaviour Checklist Community Edition (ABC-C) score on behavioral symptoms, obtained in 71 patients at first documentation, was 48.4 +/- 27.8 (median 45.0, range 5-115). The mean visual analogue scale (VAS) score, obtained in 59 patients at first documentation, was 84.9 +/- 14.6 points (median 90; range 50 - 100). CONCLUSIONS: This report describes the largest cohort of patients with FXS in Europe. The reported observations indicate a substantial burden of disease for patients and their caregivers. Based on these observations, an early expert psychiatric diagnosis is recommended for suspected FXS patients. Further recommendations include multimodal and multi-professional management that is tailored to the individual patient's needs

Attosecond emission from chromium plasma

International audienceWe present the first measurement of the attosecond emission generated from underdense plasma produced on a solid target. We generate high-order harmonics of a femtosecond Ti:sapphire laser focused in a weakly ionized underdense chromium plasma. Using the " Reconstruction of Attosecond Beating by Interference of Two-photon Transitions " (RABITT) technique, we show that the 11 th to the 19 th harmonic orders form in the time domain an attosecond pulse train with each pulse having 300 as duration, which is only 1.05 times the theoretical Fourier transform limit. Measurements reveal a very low positive group delay dispersion of 4200 as 2. Beside its fundamental interest, high-order harmonic generation in plasma plumes could thus provide an intense source of attosecond pulses for applications

EXPLAIN Fragile-X: an explorative, longitudinal study on the characterization, treatment pathways, and patient-related outcomes of Fragile X Syndrome

BACKGROUND: Fragile X syndrome (FXS), caused by a mutation of the FMR1 gene on the X chromosome, is the most common inherited form of intellectual disability and autism spectrum disorders. Comprehensive data are lacking, however, on the characteristics and management patients with FXS in Germany. METHODS/DESIGN: EXPLAIN is a prospective, observational, longitudinal registry with a non-probability sampling approach. It collects data on patient characteristics, therapeutic interventions, psychosocial parameters (including those of family members and caregivers), quality of life of caregiver and patient, caregiver burden, and health economic parameters, such as hospitalisation time. It is designed to include data from 300 patients in ambulatory care from about 50 centres that employ psychiatrists, paediatricians, neurologists, and other relevant specialists, in Germany. The study was initiated in March, 2013. Patients will be followed for at least two years. DISCUSSION: The registry is expected to provide much-needed data on the characteristics and management of patients with FXS in Germany. It will also allow comparisons with other countries, and will enable gap analyses based on current guidelines for management of these patients. TRIAL REGISTRATION: The ClinicalTrials.gov identifier is NCT01711606

To what extent can headteachers be held to account in the practice of social justice leadership?

Internationally, leadership for social justice is gaining prominence as a global travelling theme. This article draws from the Scottish contribution to the International School Leadership Development Network (ISLDN) social justice strand and presents a case study of a relatively small education system similar in size to that of New Zealand, to explore one system's policy expectations and the practice realities of headteachers (principals) seeking to address issues around social justice. Scottish policy rhetoric places responsibility with headteachers to ensure socially just practices within their schools. However, those headteachers are working in schools located within unjust local, national and international contexts. The article explores briefly the emerging theoretical analyses of social justice and leadership. It then identifies the policy expectations, including those within the revised professional standards for headteachers in Scotland. The main focus is on the headteachers' perspectives of factors that help and hinder their practice of leadership for social justice. Macro systems-level data is used to contextualize equity and outcomes issues that headteachers are working to address. In the analysis of the dislocation between policy and reality, the article asks, 'to what extent can headteachers be held to account in the practice of social justice leadership?

Protein-coding variants implicate novel genes related to lipid homeostasis contributing to body-fat distribution.

Body-fat distribution is a risk factor for adverse cardiovascular health consequences. We analyzed the association of body-fat distribution, assessed by waist-to-hip ratio adjusted for body mass index, with 228,985 predicted coding and splice site variants available on exome arrays in up to 344,369 individuals from five major ancestries (discovery) and 132,177 European-ancestry individuals (validation). We identified 15 common (minor allele frequency, MAF ≥5%) and nine low-frequency or rare (MAF <5%) coding novel variants. Pathway/gene set enrichment analyses identified lipid particle, adiponectin, abnormal white adipose tissue physiology and bone development and morphology as important contributors to fat distribution, while cross-trait associations highlight cardiometabolic traits. In functional follow-up analyses, specifically in Drosophila RNAi-knockdowns, we observed a significant increase in the total body triglyceride levels for two genes (DNAH10 and PLXND1). We implicate novel genes in fat distribution, stressing the importance of interrogating low-frequency and protein-coding variants