Bankruptcy - Priorities - Priority Status of Tax on Wages Earned But Unpaid at Time of Bankruptcy

The State of California demanded that a trustee in bankruptcy pay the employer\u27s tax due on wages earned by the employees of the bankrupt. The wages were earned within the three-month period prior to the petition in bankruptcy but had not been paid prior to bankruptcy. The trustee did not continue the operation of the bankrupt\u27s business. The United States district court reversed the Referee and ordered the trustee to pay the tax claim. The court of appeals affirm. ed. On rehearing, held, affirmed. Since the tax is not due until the wages are actually paid, the tax accrues during the administration of the estate and is consequently an expense of administration entitled to the first priority within section 64 (a) of the Bankruptcy Act. Lines v. State of California Dept. of Employment, (9th Cir. 1957) 246 F. (2d) 70

Regulation of Business - Antitrust Laws - Effect Upon a Subsequent Antitrust Suit of FCC Approval of an Exchange of Television Stations

United States v. Radio Corporation of America-Creation of independent regulatory agencies presented the courts with the problem of allocating jurisdiction whenever the determination of proper judicial action was found to require the resolution of issues which an administrative agency was competent to resolve. To meet this problem the doctrine of primary jurisdiction was developed whereby administrative issues are to be decided by the agency prior to the court\u27s determination of issues not within the realm of the agency. Application of the doctrine is based on the need for efficient and uniform agency regulation and the desirability of utilizing agency expertise in regard to issues beyond the conventional experience of judges. Such application is guided by a determination of often-elusive legislative intent. Where appropriate, agency determinations will be conclusive in subsequent judicial proceedings as to matters within the scope of the agency\u27s power regardless of whether the issue was brought to the agency initially or whether it was referred to the agency under the primary jurisdiction doctrine. It is not surprising that 50 years of constant litigation have failed to formulate the doctrine in a manner which enables litigants to choose the proper forum with a reasonable degree of certainty

Patents - Standard of Invention - Effects of Sections 103 and 282 of Patent Act of 1952

Defendant counterclaimed for patent infringement in a declaratory judgment action. The trial court, holding the patent invalid for lack of invention, dismissed the counterclaim. On appeal, held, reversed. The patent in question was valid, this conclusion being based on an independent study of the pertinent prior art and on the additional factors of industry acquiescence, commercial success, and the statutory presumption of validity of a duly issued patent. Georgia-Pacific Corp. v. United States Plywood Corp., (2d Cir. 1958) 258 F. (2d) 124, cert. den. 27 U.S. LAW WEEK 3147 (1958)

Perceptions of self-testing for chlamydia:understanding and predicting self-test use

Background: Self-testing technology allows people to test themselves for chlamydia without professional support. This may result in reassurance and wider access to chlamydia testing, but anxiety could occur on receipt of positive results. This study aimed to identify factors important in understanding self-testing for chlamydia outside formal screening contexts, to explore the potential impacts of self-testing on individuals, and to identify theoretical constructs to form a Framework for future research and intervention development. Methods: Eighteen university students participated in semi-structured interviews; eleven had self-tested for chlamydia. Data were analysed thematically using a Framework approach. Results: Perceived benefits of self-testing included its being convenient, anonymous and not requiring physical examination. There was concern about test accuracy and some participants lacked confidence in using vulvo-vaginal swabs. While some participants expressed concern about the absence of professional support, all said they would seek help on receiving a positive result. Factors identified in Protection Motivation Theory and the Theory of Planned Behaviour, such as response efficacy and self-efficacy, were found to be highly salient to participants in thinking about self-testing. Conclusions: These exploratory findings suggest that self-testing independently of formal health care systems may no more negatively impact people than being tested by health care professionals. Participants’ perceptions about self-testing behaviour were consistent with psychological theories. Findings suggest that interventions which increase confidence in using self-tests and that provide reassurance of test accuracy may increase self-test intentions

A strategy for determining arterial blood gases on the summit of Mt. Everest

BACKGROUND: Climbers on the summit of Mt. Everest are exposed to extreme hypoxia, and the physiological implications are of great interest. Inferences have been made from alveolar gas samples collected on the summit, but arterial blood samples would give critical information. We propose a plan to insert an arterial catheter at an altitude of 8000 m, take blood samples above this using an automatic sampler, store the samples in glass syringes in an ice-water slurry, and analyze them lower on the mountain 4 to 6 hours later. RESULTS: A preliminary design of the automatic sampler was successfully tested at the White Mountain Research Station (altitude 3800 m – 4300 m). To determine how much the blood gases changed over a long period, rabbit blood was tonometered to give a gas composition close to that expected on the summit (PO(2 )4.0 kPa (30 mmHg), PCO(2 )1.3 kPa (10 mmHg), pH 7.7) and the blood gases were measured every 2 hours for 8 hours both at sea level and 3800 m. The mean changes were PO(2 )+0.3 to +0.4 kPa (+2 to +3 mmHg), PCO(2 )0 to +0.13 kPa (+1 mmHg), pH -0.02 to -0.04, base excess -0.7 to -1.2 mM. In practice the delay before analysis should not exceed 4 to 6 hours. The small paradoxical rise in PO(2 )is presumably caused mainly by contamination of the blood with air. CONCLUSION: We conclude that automatic arterial blood sampling at high altitude is technically feasible and that the changes in the blood gases over a period of several hours are acceptably small

Defining the Problem and Searching for Solutions: Insurers, Employers, and State Government

Panel discussion: Some solutions to the uninsured problem happening right here in Cleveland. The Health Policy Coalition is a group which presents health insurance reform ideas to Congress. Charles Weller talked about the Coalition. Powell Woods described the Cleveland Health Quality Choice Program as follows: Cleveland Health Quality Choice is based upon the principle that if we figure out a way to reward high quality and cost efficiency as the twin lynch pins of reimbursement in our health purchasing system, we can drive both quality and efficiency gains in the system which can help produce savings which will in turn help underwrite the problem of coverage for the uninsured. E. John Polk discussed employee health insurance programs offered by the Council of Smaller Enterprises (COSE). Kenneth Seminatore represented Blue Cross and Blue Shield of Ohio. He proposed that the price escalation problem be solved by well-managed competition, such as that created by the 1987 of Senate Bill 124, the Health Insurance Reform Act. Mr. Seminatore also mentioned the problem of mandated benefits, stating, A study by Dr. John Goodman of Dallas indicates that perhaps 20 percent of the uninsured nationally are uninsured because they\u27re priced out of the market by mandated benefits they neither want, their insurance companies don\u27t want to offer, and they can\u27t afford. He also proposed Medicaid buy-in for the working poor

Defining the Problem and Searching for Solutions: Insurers, Employers, and State Government

Panel discussion: Some solutions to the uninsured problem happening right here in Cleveland. The Health Policy Coalition is a group which presents health insurance reform ideas to Congress. Charles Weller talked about the Coalition. Powell Woods described the Cleveland Health Quality Choice Program as follows: Cleveland Health Quality Choice is based upon the principle that if we figure out a way to reward high quality and cost efficiency as the twin lynch pins of reimbursement in our health purchasing system, we can drive both quality and efficiency gains in the system which can help produce savings which will in turn help underwrite the problem of coverage for the uninsured. E. John Polk discussed employee health insurance programs offered by the Council of Smaller Enterprises (COSE). Kenneth Seminatore represented Blue Cross and Blue Shield of Ohio. He proposed that the price escalation problem be solved by well-managed competition, such as that created by the 1987 of Senate Bill 124, the Health Insurance Reform Act. Mr. Seminatore also mentioned the problem of mandated benefits, stating, A study by Dr. John Goodman of Dallas indicates that perhaps 20 percent of the uninsured nationally are uninsured because they\u27re priced out of the market by mandated benefits they neither want, their insurance companies don\u27t want to offer, and they can\u27t afford. He also proposed Medicaid buy-in for the working poor

Relapse to smoking during unaided cessation: clinical, cognitive, and motivational predictors

Rationale: Neurobiological models of addiction suggest that abnormalities of brain reward circuitry distort salience attribution and inhibitory control processes, which in turn contribute to high relapse rates. Objectives: To determine whether impairments of salience attribution and inhibitory control predict relapse in a pharmacologically unaided attempt at smoking cessation. Methods: 141 smokers were assessed on indices of nicotine consumption / dependence (e.g. the FTND, cigarettes per day, salivary cotinine), and three trait impulsivity measures. After overnight abstinence they completed experimental tests of cue reactivity, attentional bias to smoking cues, response to financial reward, motor impulsiveness, and response inhibition (antisaccades). They then started a quit attempt with follow-up after 7 days, 1 month, and 3 months; abstinence was verified via salivary cotinine levels ≤ 20ng/ml. Results: Relapse rates at each point were 52.5%, 64% and 76.3%. The strongest predictor was pre-cessation salivary cotinine; other smoking / dependence indices did not explain additional outcome variance and neither did trait impulsivity. All experimental indices except responsivity to financial reward significantly predicted one week outcome. Salivary cotinine, attentional bias to smoking cues and antisaccade errors explained unique as well as shared variance. At one and three months, salivary cotinine, motor impulsiveness and cue reactivity were all individually predictive; the effects of salivary cotinine and motor impulsiveness were additive. Conclusions: These data provide some support for the involvement of abnormal cognitive and motivational processes in sustaining smoking dependence and suggest that they might be a focus of interventions, especially in the early stages of cessation

Utility of serum biomarker indices for staging of hepatic fibrosis before and after venesection in patients with hemochromatosis caused by variants in HFE

Background & Aims Hemochromatosis that is associated with variants in the homeostatic iron regulator gene (HFE) is characterized by intestinal absorption of iron and excessive body and hepatic iron stores; it can lead to hepatic fibrosis and cirrhosis. Fibrosis has been staged by analysis of liver biopsies, but non-invasive staging methods are available. We evaluated the ability of aspartate aminotransferase:platelet ratio index (APRI), the fibrosis-4 (FIB-4) index, and gamma-glutamyl transferase:platelet ratio (GPR) to assess hepatic fibrosis staging in subjects with HFE-associated hemochromatosis, using liver biopsy-staged fibrosis as the reference standard. Methods We performed a retrospective, cross-sectional analysis of 181 subjects with HFE-associated hemochromatosis and hepatic fibrosis staged by biopsy analysis and available serum samples. We calculated APRI, FIB-4, and GPR at diagnosis for all 181 subjects and following venesection therapy in 64 of these subjects (7 subjects had follow-up biopsy analysis). We used area under the receiver operating characteristic curve (AUROC) analysis to assess the relationships between APRI score, FIB-4 score, and GPR and advanced (F3–F4) fibrosis and to select cut-off values. Results Hepatic fibrosis stage correlated with APRI score (r = 0.54; P \u3c .0001), FIB-4 score (r = 0.35; P \u3c .0001), and GPR (r = 0.36, P \u3c .0001). An APRI score above 0.44 identified patients with advanced fibrosis with an AUROC of 0.88, 79.4% sensitivity, 79.4% specificity, and 81% accuracy. A FIB-4 score above 1.1 identified patients with advanced fibrosis with an AUROC of 0.86, 80% sensitivity, 80.3% specificity, and 81% accuracy. A GPR above 0.27 identified patients with advanced fibrosis with an AUROC of 0.76, 67.7% sensitivity, 70.3% specificity, and 69% accuracy. APRI score was significantly more accurate than GPR (P = .05) in detecting advanced fibrosis; there was no difference between APRI and FIB-4. Venesection treatment was associated with significant reductions in APRI (P \u3c .0001) and GPR (P\u3c .001), paralleling fibrosis regression observed in available liver biopsies. Post-venesection APRI identified 87% of subjects with advanced fibrosis that decreased to levels that indicate stage F1–F2 fibrosis. Conclusions In a retrospective study of 181 subjects with HFE-associated hemochromatosis, we found that APRI and FIB-4 scores identified patients with advanced hepatic fibrosis with 81% accuracy. APRI scores might also be used to monitor fibrosis regression following venesection

A functional polymorphism of the brain derived neurotrophic factor gene and cortical anatomy in autism spectrum disorder

Autism Spectrum Disorder (ASD) is associated with both (i) post-mortem and neuroimaging evidence of abnormal cortical development, and (ii) altered signalling in Brain Derived Neurotrophic Factor (BDNF) pathways - which regulate neuroproliferative and neuroplastic processes. In healthy controls genotype at a single nucleotide polymorphism that alters BDNF signalling (Val66met) has been related to regional cortical volume. It is not known however if this influence on brain development is intact in ASD. Therefore we compared the relationship between genotype and cortical anatomy (as measured using in vivo Magnetic Resonance Imaging) in 41 people with ASD and 30 healthy controls. We measured cortical volume, and its two sole determinants - cortical thickness and surface area - which reflect differing neurodevelopmental processes. We found “Group-by-Genotype” interactions for cortical volume in medial (caudal anterior cingulate, posterior cingulate) and lateral (rostral middle, lateral orbitofrontal, pars orbitalis and pars triangularis) frontal cortices. Furthermore, within (only) these regions “Group-by-Genotype” interactions were also found for surface area. No effects were found for cortical thickness in any region. Our preliminary findings suggest that people with ASD have differences from controls in the relationship between BDNF val66met genotype and regional (especially frontal) cortical volume and surface area, but not cortical thickness. Therefore alterations in the relationship between BDNF val66met genotype and surface area in ASD may drive the findings for volume. If correct, this suggests ASD is associated with a distorted relationship between BDNF val66met genotype and the determinants of regional cortical surface area – gyrification and/or sulcal positioning