The Act of State Doctrine after \u3cem\u3eSabbatino\u3c/em\u3e

The United States Supreme Court recently decided, in Banco Nacional de Cuba v. Sabbatino, that American courts must enforce a recognized foreign government\u27s expropriation decree even though the decree violates international law. The Court, contrary to the views of respected international lawyers, found this result dictated by the act of state doctrine, which bars American courts from reviewing the validity of another nation\u27s official acts. The decision, amid frequent revolutionary confiscations and national programs of expropriation, seriously draws into question the wisdom of further investments in developing countries. This is unfortunate because American foreign investments benefit the receiving country as well as the investor and ultimately contribute to international cooperation and world peace. This comment explores the meaning and scope of the act of state doctrine, as the Supreme Court applied it in Sabbatino

Executors and Administrators-Sale of Realty in the Estate-Better Price as Reason for Permitting Sale Under Best Interests of the Estate Provision

Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir\u27s subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator\u27s petition for power to sell had conferred jurisdiction of the property on the probate court. On appeal, held, reversed. The statute authorizing sale of real estate by an administrator deals with the administration of an estate as an entity distinct and apart from the interests of the decedent\u27s heirs or distributees; an administrator\u27s petition for power to sell supported solely by a reason which concerns only the heirs does not confer jurisdiction on the probate court. McIntosh v. Connecticut Gen. Life Ins. Co., 366 S.W. 2d 409 (Mo. 1963)

Influence of uncertain identification of triggering rainfall on the assessment of landslide early warning thresholds

Abstract. Uncertainty in rainfall datasets and landslide inventories is known to have negative impacts on the assessment of landslide-triggering thresholds. In this paper, we perform a quantitative analysis of the impacts of uncertain knowledge of landslide initiation instants on the assessment of rainfall intensity–duration landslide early warning thresholds. The analysis is based on a synthetic database of rainfall and landslide information, generated by coupling a stochastic rainfall generator and a physically based hydrological and slope stability model, and is therefore error-free in terms of knowledge of triggering instants. This dataset is then perturbed according to hypothetical reporting scenarios that allow simulation of possible errors in landslide-triggering instants as retrieved from historical archives. The impact of these errors is analysed jointly using different criteria to single out rainfall events from a continuous series and two typical temporal aggregations of rainfall (hourly and daily). The analysis shows that the impacts of the above uncertainty sources can be significant, especially when errors exceed 1 day or the actual instants follow the erroneous ones. Errors generally lead to underestimated thresholds, i.e. lower than those that would be obtained from an error-free dataset. Potentially, the amount of the underestimation can be enough to induce an excessive number of false positives, hence limiting possible landslide mitigation benefits. Moreover, the uncertain knowledge of triggering rainfall limits the possibility to set up links between thresholds and physio-geographical factors

Flow-volume curves as measurement of respiratory mechanics during ventilatory support:The effect of the exhalation valve

Objective: To assess the feasibility of expiratory flow-volume curves as a measurement of respiratory mechanics during ventilatory support: to what extent is the shape of the curve affected by the exhalation valve of the ventilator? Design: Prospective, comparative study. Setting: Medical intensive care unit of a university hospital. Patients: 28 consecutive patients with various conditions, mechanically ventilated with both the Siemens Servo 900C and 300 ventilators, were studied under sedation and paralysis. Interventions: The ventilator circuit was intermittently disconnected from the ventilator at end-inspiration in order to obtain flow-volume curves with and without the exhalation valve in place. Measurements and results: Peak flow (PEF) and the slope of the flow-volume curve during the last 50% of expired volume (SF50) were obtained both with and without the exhalation valve in place. The exhalation valve caused a significant reduction in peak flow of 0.3 l/s (from 1.27 to 0.97 l/s) with the Siemens Servo 900 C ventilator and of 0.42 l/s (from 1.36 to 0.94 l/s) with the Siemens Servo 300 ventilator (p &lt; 0.001). The SF50 was not affected. Conclusion: In mechanically ventilated patients, the exhalation valve causes a significant reduction in peak flow, but does not affect the SF50. This study further suggests that the second part of the expiratory flow-volume curve can be used to estimate patients' respiratory mechanics during ventilatory support.</p

Assessment of accuracy and applicability of a portable electronic diary card spirometer for asthma treatment

AbstractA pocked-sized turbine flowmeter and spirometer device, integrated with an electronic diary card (EDC-spirometer, Micro Medical, U.K.), was tested with a mechanical calibrator, in an outpatient clinic and in the home situation. A screen pneumotachometer was used as flow and volume reference.Ten devices were tested; interdevice variability was small with a mean variation coefficient of 1·1% for both forced expiratory volume in 1 s (FEV1) and peak expiratory flow (PEF) (sd 0·5 and 0·4, respectively) for eight settings of the calibrator. Mean difference from reference was −0·131 (sd 0·04) for FEV1 (range 0·38–3·16) and 0·091 s−1 (sd 0·09) for PEF (range 4·2–11·7). No significant deviation from linearity was present.Results obtained in the outpatient clinic confirmed the accuracy of FEV1 and PEF data obtained with the calibrator. However, linear regression analysis showed a mean underestimation of 0·451 (sd of estimate 0·29) for forced vital capacity over the whole measurement range, probably due to a restricted integration time.In 10 optimally-treated chronic obstructive pulmonary disease patients in a family practice, PEF measurements were done in the home situation, both with the EDC spirometer and a mini-Wright peak flow meter. No significant differences in the diurnal variation of PEF were found. The PEF data from the mini-Wright meter were corrected for earlier reported flow-dependent systematic deviations. In the home situation, patients preferred the EDC spirometer. It is concluded that this device is applicable in the follow-up and treatment of asthma at home

SWISH DataLab: A Web Interface for Data Exploration and Analysis

SWISH DataLab is a single integrated collaborative environment for data processing, exploration and analysis combining Prolog and R. The web interface makes it possible to share the data, the code of all processing steps and the results among researchers; and a versioning system facilitates reproducibility of the research at any chosen point. Using search logs from the National Library of the Netherlands combined with the collection content metadata, we demonstrate how to use SWISH DataLab for all stages of data analysis, using Prolog predicates, graph visualizations, and R

Combining functional weed ecology and crop stable isotope ratios to identify cultivation intensity: a comparison of cereal production regimes in Haute Provence, France and Asturias, Spain

This investigation combines two independent methods of identifying crop growing conditions and husbandry practices—functional weed ecology and crop stable carbon and nitrogen isotope analysis—in order to assess their potential for inferring the intensity of past cereal production systems using archaeobotanical assemblages. Present-day organic cereal farming in Haute Provence, France features crop varieties adapted to low-nutrient soils managed through crop rotation, with little to no manuring. Weed quadrat survey of 60 crop field transects in this region revealed that floristic variation primarily reflects geographical differences. Functional ecological weed data clearly distinguish the Provence fields from those surveyed in a previous study of intensively managed spelt wheat in Asturias, north-western Spain: as expected, weed ecological data reflect higher soil fertility and disturbance in Asturias. Similarly, crop stable nitrogen isotope values distinguish between intensive manuring in Asturias and long-term cultivation with minimal manuring in Haute Provence. The new model of cereal cultivation intensity based on weed ecology and crop isotope values in Haute Provence and Asturias was tested through application to two other present-day regimes, successfully identifying a high-intensity regime in the Sighisoara region, Romania, and low-intensity production in Kastamonu, Turkey. Application of this new model to Neolithic archaeobotanical assemblages in central Europe suggests that early farming tended to be intensive, and likely incorporated manuring, but also exhibited considerable variation, providing a finer grained understanding of cultivation intensity than previously available

Emphysema Is-at the Most-Only a Mild Phenotype in the Sugen/Hypoxia Rat Model of Pulmonary Arterial Hypertension.

Translational research is essential to develop strategies for the treatment of pulmonary arterial hypertension (PAH) using animal models which reproduce the severity, the progressive nature and resistance to treatment of human PAH, including severe arterial remodeling and progressive right ventricular (RV) failure. We read with interest the letter by Kojonazariov et al. who propose to have found “severe emphysema in the SU5416/Hypoxia (SuHx) rat model of pulmonary hypertension”. The authors report that Wistar-Kyoto rats exposed to the combination of VEGFR2 inhibition by SU5416 and chronic hypoxia had moderately increased RVSP and RV mass compared to normoxic untreated animals. They applied in vivo micro-computed tomography (CT) to demonstrate an increase in lung volume and decreased lung density, an unaltered amount of lung tissue, but an increased air-to-tissue ratio, and claim these findings were confirmed by histological analysis, including mean linear intercept as surrogate of emphysema. Indeed, SU5416 has been previously shown to induce emphysema in normoxia, but this required repetitive SU5416 dosing (3 times weekly over 3 weeks) and occurred more predominantly in rats younger than 4 weeks of age (Norbert Voelkel, personal communication). In addition, emphysema could be negated, at the cost of the development of severe angioproliferative hypertension, by concomitant exposure to hypoxia