134 research outputs found

    Bramble Fruit Culture

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    One Year Review of Municipal Law

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    A History of Jefferson Barracks, 1826-1860.

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    Jefferson Barracks was established in 1826 and was one of the army\u27s major posts until 1860. Located twenty-six miles below the confluence of the Missouri and Mississippi Rivers, the Barracks served as a concentration point for supplies for the various army installations in the Missouri River valley and along the upper Mississippi and its tributaries. When Jefferson Barracks was established, the army intended for the post to act as the Infantry School of Instruction, but the School was never formally organized. The first soldiers stationed at the post were required to construct their own barracks and other auxillary buildings, and when they finished constructing their barracks, they were needed to fight in the Black Hawk War of 1832. Jefferson Barracks played an important role in the nation\u27s changing military policy following the Black Hawk War. The Barracks was the training site for the First Dragoons, which Congress established in 1833, and also was the location of the central reserve force for the western frontier. Utilizing its strategic location on the Mississippi, the reserve force at Jefferson Barracks could quickly reach the western frontier regions in order to overawe the Indians or protect United States\u27 possessions from any foreign threat. This reserve force was not established at Jefferson Barracks until 1843, because the soldiers at the post were needed to fight in the Second Seminole War. Even after the western strategic force was placed at Jefferson Barracks, it did not remain at the post for long. In 1844, the War Department ordered all available soldiers at Jefferson Barracks to proceed to Texas to defend against hostile actions by the Mexican government. Following the end of the Mexican War, in 1848, Jefferson Barracks resumed its primary role as a recruit and supply depot for the western frontier army. Throughout the entire period 1826-1860, Jefferson Barracks had a close and important relationship with St. Louis. Jefferson Barracks offered excellent business and employment opportunities to numerous St. Louisians, and they looked upon the Barracks as a regional economic asset. The primary source of materials used in the preparation of this dissertation were the records of the several divisions of the War Department in the National Archives. Among the most important were Records Groups 92 (Records of the Office of Quartermaster General), 94 (Records of the Adjutant General\u27s Office), 98 (Records of the United States Army Commands), 107 (Records of the Office of Secretary of War), 108 (Records of the Headquarters of the Army), and 153 (Records of the Office of the Judge Advocate General). Additional useful information was obtained from various other government documents, the archives of the Missouri State Historical Society in St. Louis, and the St. Louis newspapers

    Recent Cases

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    Constitutional Law-First Amendment-School Authorities May Prohibit High School Student\u27s Distribution of Sex Questionnaire to Prevent Possible Psychological Harm to Other Students Robert Edward Banta Plaintiff, editor of a high school publication,\u27 brought suit in federal court seeking an order compelling defendant school officials to allow the student publication to distribute a sex questionnaire,to students in the high school and to publish the results. Plaintiff claimed that defendants had not shown that the planned distribution would disrupt school activities and that, therefore, defendants\u27prohibition of the questionnaire violated 42 U.S.C. § 19831 and the first and fourteenth amendments. Pointing to potential psychological harm to students, defendants argued that the state\u27s interest in protecting the students\u27 emotional well-being outweighed plaintiffs interest in distributing the questionnaire. The trial court held that defendants could prohibit distribution of the questionnaire to ninth-and tenth-grade students but not to eleventh- and twelfth-grade students. On appeal to the United States Court of Appeals for the Second Circuit, held, reversed in part\u27 and remanded with instructions to dismiss the complaint. If school officials reasonably believe that distribution on school grounds of a high school student\u27s questionnaire soliciting information about the sexual habits of his fellow students might cause psychological harm to other students, then prohibition of the questionnaire does not violate the right to freedom of expression of the student seeking to distribute the questionnaire. Trachtman v. Anker, 563 F.2d 512 (2d Cir. 1977). Corporations--Freeze-Out Mergers--The Delaware Supreme Court Requires Majority Shareholder Proof of a Valid Business Purpose As a Component of Entire Fairness in Freeze-Out Merger Challenges Oby T. Brewer, III Recent declines in stock market averages\u27 accompanied by costly disclosure requirements imposed under the federal securities laws have prompted many companies to reconsider their positions as publicly held corporations. In response to the resulting minimal benefits of public ownership, many controlling shareholders now seek to increase their control and participation in a corporation\u27s future profits by going private.\u27 One means of going private is the freeze-out merger, by which a parent company forces the liquidation of minority interests in a publicly held subsidiary through a merger of the subsidiary with the parent. By complying with applicable state merger statutes, the parent may eliminate the minority\u27s shares by tendering a cash-out price, which the minority either must accept or have appraised judicially. The merger statutes thus represent a legislative compromise between total majority control and the single vote veto available to the minority at common law. Criminal Procedure--Prosecutorial Immunity-Federal Prosecutor Is Not Absolutely Immune From Suit for Alleged Perjury Cornelia Anne Clark Plaintiffs\u27 brought a civil action in tort charging that defendant federal prosecutor\u27s alleged perjury at a hearing incident to a grand jury investigation of plaintiffs\u27 activities\u27 violated their constitutional rights. On motion to dismiss, defendant contended that he enjoyed absolute quasi-judicial immunity because he had been acting at the hearing in his official capacity as a special federal prosecutor. The district court\u27 denied the motion, holding that the doctrine of quasi-judicial immunity does not apply when the prosecutor is alleged to have committed perjury. On interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit, held, affirmed. Because a federal prosecutor\u27s perjury during a court hearing incident and prior to a grand jury investigation falls within his investigative duty rather than his advocatory duty,the prosecutor is entitled only to a qualified immunity.\u27 Briggs v.Goodwin, No. 75-1642 (D.C. Cir. Sept. 21, 1977). Securities Law--Rule 10b-5-Defense of In Pari Delicto Bars Private Damage Action Brought Against Tipper by Tippee Who Fails to Disclose Before Trading Terry Currie Tippees\u27 brought a private action for damages under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-53 charging that defendant tippers disseminated false and misleading material inside information in advising plaintiffs of an imminent merger between two corporations that would result in appreciated stock values.\u27 In reliance on this information, plaintiffs purchased stock in one of the corporations and subsequently incurred substantial losses on the stock when the proposed merger did not occur. Defendants moved for summary judgment, claiming that the doctrine of in pari delicto barred plaintiffs\u27 recovery because plaintiffs also had violated rule 10b-5 by failing to make full disclosure of the inside information before trading on the open market.\u27 The district court granted the tippers\u27 motion for summary judgment. On appeal to the United States Court of Appeals for the Third Circuit, held, affirmed. When a tippee violates rule 10b-5 by failing to make full disclosure to the investing public of material inside information prior to trading on the open market, the defense of in pari delicto bars a rule 10b-5 private damage action by the tippee against the tipper. Torts--Negligence--Child Has Cause of Action for Preconception Medical Malpractice Douglas William Ey, Jr. Plaintiff, claiming that she suffered permanent physical injuries\u27 as a result of defendants\u27 conduct prior to her conception,sought to recover damages in a negligence action.2 In 1965 plaintiffs mother,who had Rh negative blood, was given two transfusions of incompatible Rh positive blood in defendant hospital where defendant physician was director of laboratories.\u27 Plaintiff\u27s mother did not discover that these transfusions had sensitized her blood until shortly before plaintiffs birth in 1973. Defendants moved to dis-miss for failure to state a cause of action, arguing that because plaintiff had not been conceived at the time of the alleged negligent conduct, defendants owed no duty of care to plaintiff. The trial court granted defendants\u27 motion, but the Illinois Appellate Court reversed and remanded the case for further proceedings. On appeal to the Supreme Court of Illinois, held, affirmed. A child injured by the negligent acts of a physician and a hospital committed against his mother prior to his conception has a cause of action based on negligence. Renslow v. Mennonite Hospital, 367 N.E.2d 1250 (Ill.1977)

    Energy- and flux-budget (EFB) turbulence closure model for the stably stratified flows. Part I: Steady-state, homogeneous regimes

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    We propose a new turbulence closure model based on the budget equations for the key second moments: turbulent kinetic and potential energies: TKE and TPE (comprising the turbulent total energy: TTE = TKE + TPE) and vertical turbulent fluxes of momentum and buoyancy (proportional to potential temperature). Besides the concept of TTE, we take into account the non-gradient correction to the traditional buoyancy flux formulation. The proposed model grants the existence of turbulence at any gradient Richardson number, Ri. Instead of its critical value separating - as usually assumed - the turbulent and the laminar regimes, it reveals a transition interval, 0.1< Ri <1, which separates two regimes of essentially different nature but both turbulent: strong turbulence at Ri<<1; and weak turbulence, capable of transporting momentum but much less efficient in transporting heat, at Ri>1. Predictions from this model are consistent with available data from atmospheric and lab experiments, direct numerical simulation (DNS) and large-eddy simulation (LES).Comment: 40 pages, 6 figures, Boundary-layer Meteorology, resubmitted, revised versio

    The systematic guideline review: method, rationale, and test on chronic heart failure

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    Background: Evidence-based guidelines have the potential to improve healthcare. However, their de-novo-development requires substantial resources-especially for complex conditions, and adaptation may be biased by contextually influenced recommendations in source guidelines. In this paper we describe a new approach to guideline development-the systematic guideline review method (SGR), and its application in the development of an evidence-based guideline for family physicians on chronic heart failure (CHF). Methods: A systematic search for guidelines was carried out. Evidence-based guidelines on CHF management in adults in ambulatory care published in English or German between the years 2000 and 2004 were included. Guidelines on acute or right heart failure were excluded. Eligibility was assessed by two reviewers, methodological quality of selected guidelines was appraised using the AGREE instrument, and a framework of relevant clinical questions for diagnostics and treatment was derived. Data were extracted into evidence tables, systematically compared by means of a consistency analysis and synthesized in a preliminary draft. Most relevant primary sources were re-assessed to verify the cited evidence. Evidence and recommendations were summarized in a draft guideline. Results: Of 16 included guidelines five were of good quality. A total of 35 recommendations were systematically compared: 25/35 were consistent, 9/35 inconsistent, and 1/35 un-rateable (derived from a single guideline). Of the 25 consistencies, 14 were based on consensus, seven on evidence and four differed in grading. Major inconsistencies were found in 3/9 of the inconsistent recommendations. We re-evaluated the evidence for 17 recommendations (evidence-based, differing evidence levels and minor inconsistencies) - the majority was congruent. Incongruity was found where the stated evidence could not be verified in the cited primary sources, or where the evaluation in the source guidelines focused on treatment benefits and underestimated the risks. The draft guideline was completed in 8.5 man-months. The main limitation to this study was the lack of a second reviewer. Conclusion: The systematic guideline review including framework development, consistency analysis and validation is an effective, valid, and resource saving-approach to the development of evidence-based guidelines

    Syndromes with congenital brittle bones

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    BACKGROUND: There is no clear definition of osteogenesis imperfecta (OI). The most widely used classification of OI divides the disease in four types, although it has been suggested that there may be at least 12 forms of OI. These forms have been named with numbers, eponyms or descriptive names. Some of these syndromes can actually be considered congenital forms of brittle bones resembling OI (SROI). DISCUSSION: A review of different syndromes with congenital brittle bones published in the literature is presented. Syndromes are classified in "OI" (those secondary to mutations in the type I pro-collagen genes), and "syndromes resembling OI" (those secondary to mutations other that the type I pro-collagen genes, identified or not). A definition for OI is proposed as a syndrome of congenital brittle bones secondary to mutations in the genes codifying for pro-collagen genes (COL1A1 and COL1A2). SUMMARY: A debate about the definition of OI and a possible clinical and prognostic classification are warranted
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