Two Wrongs Making a Right: Using the Third and Ninth Circuits for a Uniform Standard of Fame in Federal Dilution Law

This Comment contains six main parts. Part II analyzes the Lanham Act of 19461 and the likelihood of confusion standard, which led to the enactment of the FTDA. Part III briefly examines the history of dilution and then looks at the FTDA. Part IV focuses on the FTDA\u27s legislative history and intent. In light of the discussion in the foregoing parts, Part V examines differing interpretations of fame as demonstrated by the decisions by the Third and Ninth Circuits, which illustrate and incorporate the differing interpretations of the FTDA among other circuits. In Part VI, this Comment concludes by proposing a uniform standard for all courts to follow

Products Liability - Second Collision - Enhanced Injuries - Apportionment of Damages

The United States Court of Appeals for the Third Circuit has held that when a driver of an automobile is injured by a second collision with a defectively designed automobile headrest caused by a collision with another car whose driver was negligent, the plaintiff has the burden of showing how the damages should be apportioned between the manufacturer of the headrest and the negligent driver. Huddell v. Levin, 537 F.2d 726 (3d Cir. 1976)

Municipal Liability for Constitutional Violations: Can You Fight City Hall - A Survey of Circuits

The Supreme Court\u27s decision in Monroe v. Pape excluding municipalities as proper defendants in an action brought under 42 U.S.C. § 1983 has led imaginative lawyers to seek other statutory as well as constitutional bases for holding a municipality liable for the constitutional torts of its officers. The author outlines the reasoning behind each alternative cause of action, surveys the disparate treatment each has received among federal district and circuit courts, and calls for Supreme Court sanctioning of limited municipal liability based on 42 U.S.C. § 1981 and the fourteenth amendment

Joint Custody as Norm: Solomon Revisited

Most jurisdictions in Canada and the United States have, to a greater or lesser extent, endorsed the notion of joint custody in recent years. The author suggests that-the move toward joint custody has resulted from a combination of two major factors: the notion of parental equality and the application of the best interests of the child test. The growing prominence of equal parental rights has created a strong temptation to approach custody as a Solomonic exercise in dividing the children equally between those with equal rights over them. The indeterminacy of the best interests test may readily encourage custody determinations on this basis as well. Joint custody has been received less enthusiastically in Canada than in the United States. The author suggests that the tendency of the Supreme Court of Canada to reject the sameness of treatment approach to equality may well explain this

Using auditory evoked brain responses to detect anxious vulnerabilities in neonates.

Anxiety disorders are prevalent in both adult and child populations, and are associated with significant economic and psychosocial costs. There are clearly familial patterns of transmission within the anxiety disorders, and the inherited risk is likely a non-specific vulnerability toward negative affect, with a biological-environmental interaction leading to specific manifestations within the anxiety disorders. Among the vulnerabilities toward anxiety may be information processing biases that predispose individuals to be more vigilant to novelty, processes that may be specifically associated with the right cerebral hemisphere. The current study utilized auditory event related potentials (ERPs) to explore the degree to which such processes may be related to risk toward anxiety disorders in a neonatal population (n=30). Findings supported the growing evidence that predispositions toward anxious patterns of responding are associated with greater activation of the right cerebral hemisphere, as neonates of more highly anxious mothers displayed more positive right hemisphere responses overall. Further, consistent with theories that attentional biases toward novelty are associated with the development and maintenance of pathological anxiety, it was found that measures of both maternal state and trait anxiety were significant predictors of the neonate\u27s brain response to a stranger\u27s voice. These findings are discussed in terms of implications for further understanding the developmental pathways associated pathological anxiety

Joint Custody as Norm: Solomon Revisited

Most jurisdictions in Canada and the United States have, to a greater or lesser extent, endorsed the notion of joint custody in recent years. The author suggests that-the move toward joint custody has resulted from a combination of two major factors: the notion of parental equality and the application of the best interests of the child test. The growing prominence of equal parental rights has created a strong temptation to approach custody as a Solomonic exercise in dividing the children equally between those with equal rights over them. The indeterminacy of the best interests test may readily encourage custody determinations on this basis as well. Joint custody has been received less enthusiastically in Canada than in the United States. The author suggests that the tendency of the Supreme Court of Canada to reject the sameness of treatment approach to equality may well explain this

Structural Basis for Certain Naturally Occurring Bioflavonoids to Function as Reducing Co-Substrates of Cyclooxygenase I and II

Recent studies showed that some of the dietary bioflavonoids can strongly stimulate the catalytic activity of cyclooxygenase (COX) I and II in vitro and in vivo, presumably by facilitating enzyme re-activation. In this study, we sought to understand the structural basis of COX activation by these dietary compounds.A combination of molecular modeling studies, biochemical analysis and site-directed mutagenesis assay was used as research tools. Three-dimensional quantitative structure-activity relationship analysis (QSAR/CoMFA) predicted that the ability of bioflavonoids to activate COX I and II depends heavily on their B-ring structure, a moiety known to be associated with strong antioxidant ability. Using the homology modeling and docking approaches, we identified the peroxidase active site of COX I and II as the binding site for bioflavonoids. Upon binding to this site, bioflavonoid can directly interact with hematin of the COX enzyme and facilitate the electron transfer from bioflavonoid to hematin. The docking results were verified by biochemical analysis, which reveals that when the cyclooxygenase activity of COXs is inhibited by covalent modification, myricetin can still stimulate the conversion of PGG(2) to PGE(2), a reaction selectively catalyzed by the peroxidase activity. Using the site-directed mutagenesis analysis, we confirmed that Q189 at the peroxidase site of COX II is essential for bioflavonoids to bind and re-activate its catalytic activity.These findings provide the structural basis for bioflavonoids to function as high-affinity reducing co-substrates of COXs through binding to the peroxidase active site, facilitating electron transfer and enzyme re-activation

Inter-agency governance risk in managing hospital responses to extreme weather events in New South Wales, Australia: a facilities management perspective of shared situational awareness

This is a Submitted Manuscript of an article published by Taylor & Francis in 'Construction Management and Economics' on 08/11/2013, available online: http://dx.doi.org/10.1080/01446193.2013.853128.Extreme weather is predicted to become more frequent and severe into the future. While our understanding of hospital infrastructure vulnerability to such events has advanced considerably in recent years, current approaches to healthcare facilities management treat hospitals in isolation from their surrounding governance infrastructure. However, recent research indicates that if hospital resilience is to be properly understood, health infrastructure must be managed holistically, as part of a much larger governance system of interdependent organizations. The inter-agency governance risks associated with this system are currently ignored in the facilities management literature. To explore these risks, an in-depth case study of 24 agencies in the state of New South Wales, Australia is presented. The results show that facilities managers are embedded in a highly complex and dynamic array of governance boundaries which are largely unresolved and misunderstood. A number of practical strategies are presented which could be adopted to significantly improve facilities manager’s integration into this system. These include: mapping hospital dependency on other agencies to build surge capacity; resolving overlapping operational boundaries with other agencies; proactive risk reduction for critical external support infrastructure; understanding potential conflicts with the objectives external agencies in responding to an extreme weather event

Genomic reconstruction of the SARS-CoV-2 epidemic in England.

The evolution of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) virus leads to new variants that warrant timely epidemiological characterization. Here we use the dense genomic surveillance data generated by the COVID-19 Genomics UK Consortium to reconstruct the dynamics of 71 different lineages in each of 315 English local authorities between September 2020 and June 2021. This analysis reveals a series of subepidemics that peaked in early autumn 2020, followed by a jump in transmissibility of the B.1.1.7/Alpha lineage. The Alpha variant grew when other lineages declined during the second national lockdown and regionally tiered restrictions between November and December 2020. A third more stringent national lockdown suppressed the Alpha variant and eliminated nearly all other lineages in early 2021. Yet a series of variants (most of which contained the spike E484K mutation) defied these trends and persisted at moderately increasing proportions. However, by accounting for sustained introductions, we found that the transmissibility of these variants is unlikely to have exceeded the transmissibility of the Alpha variant. Finally, B.1.617.2/Delta was repeatedly introduced in England and grew rapidly in early summer 2021, constituting approximately 98% of sampled SARS-CoV-2 genomes on 26 June 2021