Diverse Mandates Regarding the ESOP Diversification Requirement Following \u3cem\u3eFifth Third Bancorp v. Dudenhoeffer\u3c/em\u3e

In Dudenhoeffer, the Court focused on the Employee Stock Ownership Plan (ESOP) as a retirement benefit plan. However, this is only one function of ESOPs. Viewed in terms of both the original intent of Congress and contemporary corporate finance, the ESOPs are designed to meet several goals, including the alignment of employee and employer interests to facilitate a wider base of capital ownership including the average employee. As the Court has lost sight of these fundamental goals, it has drifted into the fallacy of interpreting ESOPs principally as employee retirement accounts. This has led the Court to apply ERISA fiduciary obligations to the ESOP fiduciaries without regard for the special statutory status of ESOPs. This creates difficulties for plan fiduciaries in seeking to fulfill the underlying purposes of the fund while at the same time complying with the heightened duties imposed upon them by ERISA. Courts have consistently maintained that they are to enforce ERISA fiduciary standards with “uncompromising rigidity” which, when coupled with the recent ruling in Dudenhoeffer, results in significant concern for ESOP settlors and plan fiduciaries who desire to continue to use these investment vehicles for any of the myriad other purposes for which they have heretofore been employed (with apparent congressional blessing)

Distribution and use of grasslands in the Czech Republic and biodiversity of invertebrates

In the Czech Republic the major focus of organic farming lies in permanent grasslands management. Animal production is mostly focused on non-milk pasture beef-raising on almost the whole farm area. By contrast conventional farms do not grass sufficiently, even in areas with higher elevation. This fact is influenced by subvention programmes motivating farmers to fulfil the agroenvironmental function of agriculture using grassing, however there is no support for agriculture on arable land. Permanent grasslands are predominantly used for beef grazing. Large areas are harvested too, which affects biodiverzity. Grasslands utilized for pasture are rich in biodiversity which enhance ecosystem services. The effect of grassland management on the different taxa and assamblages is discussed. This work is focused on permanent grasslands utilization and distribution and invertebrate abundance

Modelling Complex Draft-Tube Flows using Near-Wall Turbulence Closures

This paper presents a finite-volume method for simulating flows through complex hydroturbine draft-tube configurations using near-wall turbulence closures. The method employs the artificial-compressibility pressure-velocity coupling approach in conjunction with multigrid acceleration for fast convergence on very fine grids. Calculations are carried out for a draft tube with two downstream piers on a computational mesh consisting of 1.2x10{sup 6} nodes. Comparisons of the computed results with measurements demonstrate the ability of the method to capture most experimental trends with reasonable accuracy. Calculated three-dimensional particle traces reveal very complex flow features in the vicinity of the piers, including horse-shoe longitudinal vortices and and regions of flow reversal

Identification of simple sequence repeat markers for sweetpotato weevil resistance

The development of sweetpotato [Ipomoea batatas (L.) Lam] germplasm with resistance to sweetpotato weevil (SPW) requires an understanding of the biochemical and genetic mechanisms of resistance to optimize crop resistance. The African sweetpotato landrace, ‘New Kawogo’, was reported to be moderately resistant to two species of SPW, Cylas puncticollis and Cylas brunneus. Resistance has been associated with the presence of hydroxycinnamic acids esters (HCAs), but the underlying genetic basis remains unknown. To determine the genetic basis of this resistance, a bi-parental sweetpotato population from a cross between the moderately resistant, white-fleshed ‘New Kawogo’ and the highly susceptible, orange-fleshed North American variety ‘Beauregard’ was evaluated for SPW resistance and genotyped with simple sequence repeat (SSR) markers to identify weevil resistance loci. SPW resistance was measured on the basis of field storage root SPW damage severity and total HCA ester concentrations. Moderate broad sense heritability (H2 = 0.49) was observed for weevil resistance in the population. Mean genotype SPW severity scores ranged from 1.0 to 9.0 and 25 progeny exhibited transgressive segregation for SPW resistance. Mean genotype total HCA ester concentrations were significantly different (P < 0.0001). A weak but significant correlation (r = 0.103, P = 0.015) was observed between total HCA ester concentration and SPW severity. A total of five and seven SSR markers were associated with field SPW severity and total HCA ester concentration, respectively. Markers IBS11, IbE5 and IbJ544b showed significant association with both field and HCA-based resistance, representing potential markers for the development of SPW resistant sweetpotato cultivars

Rapid improvement in verbal fluency and aphasia following perispinal etanercept in Alzheimer's disease

<p>Abstract</p> <p>Background</p> <p>Recent clinical studies point to rapid and sustained clinical, cognitive, and behavioral improvement in both Alzheimer's disease and primary progressive aphasia following weekly perispinal administration of etanercept, a TNF-alpha inhibitor that acts by blocking the binding of this cytokine to its receptors. This outcome is concordant with recent basic science studies suggesting that TNF-alpha functions <it>in vivo </it>as a gliotransmitter that regulates synaptic function in the brain. We hypothesized that perispinal etanercept had the potential to improve verbal function in Alzheimer's disease, so we included several standarized measures of verbal ability to evaluate language skills in a clinical trial of perispinal etanercept for Alzheimer's disease.</p> <p>Methods</p> <p>This was a prospective, single-center, open-label, pilot study, in which 12 patients with mild-to-severe Alzheimer's disease were administered etanercept, 25–50 mg, weekly by perispinal administration for six months. Two additional case studies are presented.</p> <p>Results</p> <p>Two-tailed, paired t-tests were conducted comparing baseline performance to 6-month performance on all neuropsychological measures. Test batteries included the California Verbal Learning Test-Second Edition, Adult Version; Logical Memory I and II(WMS-LM-II) from the Wechsler Memory Scale-Abbreviated; the Comprehensive Trail Making Test (TMT); Boston Naming Test; and letter(FAS) and category verbal fluency. All measures revealed a significant effect except for the Boston Naming Test and the TMT-4, with WMS-LM-II being marginally significant at p = .05. The FAS test for letter fluency was most highly significant with a p < 0.0007. In addition, rapid improvement in verbal fluency and aphasia in two patients with dementia, beginning minutes after perispinal etanercept administration, is documented.</p> <p>Conclusion</p> <p>In combination with the previously reported results of perispinal etanercept in Alzheimer's disease and primary progressive aphasia, these results further argue that larger scale studies of this therapeutic intervention, including Phase 3 trials, are warranted in dementias. In addition, these results may provide insight into the basic pathophysiologic mechanisms underlying Alzheimer's disease and related forms of dementia, and suggest the existence of novel, rapidly reversible, TNF-mediated pathophysiologic mechanisms in Alzheimer's disease which are worthy of further investigation.</p

Influence of fire prevention management strategies on the diversity of butterfly fauna in the eastern Pyrenees

Fire prevention management is becoming a necessity in many Mediterranean locations to regulate fire of natural or human origin. However, very few studies have determined the real effects of the strategies adopted on local fauna. Butterflies are sensitive to local changes and they can thus serve as indicators of environmental changes. Three different types of fire prevention management approaches in three different localities in the Eastern Pyrenees (France) were performed and the butterfly community composition was investigated. We show that of the 80 species of butterflies observed, 36 % can be considered as biological markers. An original objective treatment of data using hierarchical distance analysis combined with a neural network analysis (Self-Organizing Maps) was applied in this study. Our conclusions are that the overall number of species is maintained independently of the fire prevention type but that some important changes are observed among butterfly communities, with a clear reduction of the numbers of endemic/specialized species in favour of generalist ones for the two most drastic fire prevention management approaches studied here. The influence of such approaches is discussed on the basis of the conservation of Mediterranean species of Lepidoptera

Diverse Mandates Regarding the ESOP Diversification Requirement Following \u3cem\u3eFifth Third Bancorp v. Dudenhoeffer\u3c/em\u3e

In Dudenhoeffer, the Court focused on the Employee Stock Ownership Plan (ESOP) as a retirement benefit plan. However, this is only one function of ESOPs. Viewed in terms of both the original intent of Congress and contemporary corporate finance, the ESOPs are designed to meet several goals, including the alignment of employee and employer interests to facilitate a wider base of capital ownership including the average employee. As the Court has lost sight of these fundamental goals, it has drifted into the fallacy of interpreting ESOPs principally as employee retirement accounts. This has led the Court to apply ERISA fiduciary obligations to the ESOP fiduciaries without regard for the special statutory status of ESOPs. This creates difficulties for plan fiduciaries in seeking to fulfill the underlying purposes of the fund while at the same time complying with the heightened duties imposed upon them by ERISA. Courts have consistently maintained that they are to enforce ERISA fiduciary standards with “uncompromising rigidity” which, when coupled with the recent ruling in Dudenhoeffer, results in significant concern for ESOP settlors and plan fiduciaries who desire to continue to use these investment vehicles for any of the myriad other purposes for which they have heretofore been employed (with apparent congressional blessing)

Cork-oak woodlands as key-habitats for biodiversity conservation in Mediterranean landscapes: a case study using rove and ground beetles (Coleoptera: Staphylinidae, Carabidae)

http://www.springerlink.com/content/552436w37r088v36/Land-use intensification in Mediterranean agro-forest systems became a pressure on biodiversity, concerning particularly the woodland sensitive species. In 2001, the effects of a land-use gradient from old-growth cork-oak forest to a homogeneous agricultural area were assessed using rove beetles as indicators in a Mediterranean landscape. The aim was to find which species were negatively affected by land-use intensification at the landscape level and whether they benefited from cork-oak patches occurring along the land-use gradient. A total of 3,196 rove beetles from 88 taxa were sampled from all landscape types. Agricultural area recorded significantly higher numbers of abundance and species richness in relation to the cork-oak mosaics, i.e. the old-growth forest and the managed agro-forest landscapes (montados). Moreover, 70% of rove beetle indicator species common enough to be tested by IndVal displayed their highest indicator value for agriculture, showing a lower number of woodland indicators in comparison to ground beetles. Nevertheless, one rove beetle taxon was considered a specialist of closed woodland mosaics while no specialist ground beetle was found for that landscape typology. Some rare rove beetle species were also important in typifying diversity patterns of oldgrowth cork-oak forests. Hence, future management in Mediterranean landscapes should take into account not only indicator species common enough to be tested by IndVal, but also rare and endemic species. Considering the added value of cork-oak woodland cover for sensitive rove and ground beetle diversity, the strengthening of cork-oak woodland connectivity seems to be a crucial management that is required in agricultural Mediterranean landscapes.BIOASSESS project (Contract No. EVK4—1999-00280); Portuguese Foundation for Science and Technology (SFRH/BD/37976/2007)