Trust-Fund Doctrine Revisited [Part I]

The foundation case in Amenca was an action to restore dividends paid out to shareholders by an insolvent bank, but from limited beginnings the trust-fund doctrine expanded to become a major legal weapon for corporate creditors under a wide variety of conditions. In this discussion we propose to treat separately three major aspects of the trust-fund problem: (1) the status of corporate insolvency, which was a condition precedent to the operation of the rule; (2) the rights of creditors against creditors; and (3) the rights of creditors against shareholders. Our analysis will be confined chiefly to the statutory and case law of the state of Washington with no attempt at detailed treatment of the rules of other courts beyond an incidental comparison. The Federal Bankruptcy Act is excluded from analytical discussion as deserving separate treatment. We undertake no more in that regard than to point out to the practitioner the possibility of using substantive state law to advantage in proceedings under the Federal Act. The body of case authority will be appraised in the light of the various state statutes which apply, and an attempt made to indicate the current place of the trust-fund doctrine in this jurisdiction

Trust Fund Doctrine Revisited, Part II

We have chosen the problem of recovery of unpaid subscriptions to illustrate the influence of the trust fund doctrine in our jurisdiction upon actions by creditors against shareholders

Summary of the Manufacture, Testing and Model Validation of a Full-Scale Radiator for Fission Surface Power Applications

A full-scale radiator for a lunar fission surface power application was manufactured by Material innovations, Inc., for the NASA Glenn Research Center. The radiator was designed to reject 6 kWt with an inlet water temperature of 400 K and a water mass flow rate of 0.5 kg/s. While not flight hardware, the radiator incorporated many potential design features and manufacturing techniques for future flight hardware. The radiator was tested at NASA Glenn Research Center for heat rejection performance. The results showed that the radiator design was capable of rejecting over 6 kWt when operating at the design conditions. The actual performance of the radiator as a function of operational manifolds, inlet water temperature and facility sink temperature was compared to the predictive model developed by NASA Glenn Research Center. The results showed excellent agreement with the model with the actual average face sheet temperature being within 1% of the predicted value. The results will be used in the design and production of NASA s next generation fission power heat rejection systems. The NASA Glenn Research Center s Technology Demonstration Unit will be the first project to take advantage of the newly developed manufacturing techniques and analytical models

Application of Marginal Economic Analysis to Reservoir Recreation Planning

Recreation visitation and cost data at three reservoirs in the Ohio River Valley (Rough River, Dewey, and Winton Woods) were analyzed in an attempt to derive a method by which the optimum level of reservoir recreation development could be determined by marginal economic analysis. The visitation data were used to determine factors expressing the time distribution of facility use, capacity coefficients, and realized benefits. The cost data were used to estimate annual cost, and marginal cost as functions of annual visitation. Marginal cost and marginal benefit data were combined to find the optimum size. Potential visitation to Winton Woods was estimated, and the marginal benefit per visitor was estimated from travel costs. The potential visitation was combined with the distribution factors for Rough River and Dewey to get the time distribution of reservoir use. Actual visitation was combined with the distribution factors at Winton Woods to get the time distribution of use at actual conditions. These two relationships allowed the reduction in potential benefits due to crowding to be estimated. The marginal cost curves are combined with the marginal benefit curves to find the optimum visitation to a site. This optimum visitation implies a required reservoir size which can be estimated by use of the distribution factors and capacity coefficients. The required cost for these facilities and the realized benefits can also be estimated

Methods and materials for detection of multiple sclerosis

Methods and materials for diagnosis of a multiple sclerosis disease state. Antigenic blood fractions from patients clinically diagnosed for multiple sclerosis are employed to generate heterologous species antibodies. Novel antibody preparations are employed to detect the presence or absence, in a blood sample of a patient to be tested, of immunologically significant components specifically associated with a multiple sclerosis disease state

The Feasibility of a Using a Smart Button Mobile Health System to Self-Track Medication Adherence and Deliver Tailored Short Message Service Text Message Feedback

BACKGROUND: As many as 50% of people experience medication nonadherence, yet studies for detecting nonadherence and delivering real-time interventions to improve adherence are lacking. Mobile health (mHealth) technologies show promise to track and support medication adherence. OBJECTIVE: The study aimed to evaluate the feasibility and acceptability of using an mHealth system for medication adherence tracking and intervention delivery. The mHealth system comprises a smart button device to self-track medication taking, a companion smartphone app, a computer algorithm used to determine adherence and then deliver a standard or tailored SMS (short message service) text message on the basis of timing of medication taking. Standard SMS text messages indicated that the smartphone app registered the button press, whereas tailored SMS text messages encouraged habit formation and systems thinking on the basis of the timing the medications were taken. METHODS: A convenience sample of 5 adults with chronic kidney disease (CKD), who were prescribed antihypertensive medication, participated in a 52-day longitudinal study. The study was conducted in 3 phases, with a standard SMS text message sent in phases 1 (study days 1-14) and 3 (study days 46-52) and tailored SMS text messages sent during phase 2 (study days 15-45) in response to participant medication self-tracking. Medication adherence was measured using: (1) the smart button and (2) electronic medication monitoring caps. Concordance between these 2 methods was evaluated using percentage of measurements made on the same day and occurring within ±5 min of one another. Acceptability was evaluated using qualitative feedback from participants. RESULTS: A total of 5 patients with CKD, stages 1-4, were enrolled in the study, with the majority being men (60%), white (80%), and Hispanic/Latino (40%) of middle age (52.6 years, SD 22.49; range 20-70). The mHealth system was successfully initiated in the clinic setting for all enrolled participants. Of the expected 260 data points, 36.5% (n=95) were recorded with the smart button and 76.2% (n=198) with electronic monitoring. Concordant events (n=94), in which events were recorded with both the smart button and electronic monitoring, occurred 47% of the time and 58% of these events occurred within ±5 min of one another. Participant comments suggested SMS text messages were encouraging. CONCLUSIONS: It was feasible to recruit participants in the clinic setting for an mHealth study, and our system was successfully initiated for all enrolled participants. The smart button is an innovative way to self-report adherence data, including date and timing of medication taking, which were not previously available from measures that rely on recall of adherence. Although the selected smart button had poor concordance with electronic monitoring caps, participants were willing to use it to self-track medication adherence, and they found the mHealth system acceptable to use in most cases

Ecosystem Conservation and Management in an Era of Global Climate Change

This document discusses how a changing climate might affect natural ecosystems in Illinois, how changes might impact the ability of people to protect and manage ecosystems, how land managers might respond to a changing climate, and how biological data collected by the Critical Trends Assessment Program (CTAP) will help guide decisions to conserve and manage Illinois’ biodiversity.Ope

Analysis of observations of the middle atmosphere from satellites

Satellite data are being used to investigate problems in middle atmosphere chemistry and dynamics. Efforts have been focused primarily on studies to determine the quality of observed distributions of trace species and derived dynamical quantities. Those data have been used as diagnostics for model-derived constituent profiles and fields and for improving our understanding of some of the fundamental processes occurring in the middle atmosphere. Temperatures and derived winds from Nimbus 7 Limb Infrared Monitoring of the Stratosphere (LIMS) data were compared with long-time series of rawinsonde data at Invercargill, New Zealand, and Berlin, West Germany, and the results are excellent for both quantities. It was also demonstrated that more highly-derived dynamical quantities can be obtained reliably from those LIMS fields. Furthermore, both the diabatic and residual-mean circulations derived using LIMS data agree qualitatively with changes in the distribution of trace species determined independently with the Nimbus 7 SAMS and LIMS experiments. Subsequently, an examination of LIMS data at mid to high latitudes of the Southern Hemisphere has revealed a synoptic-scale, upper stratospheric instability during late autumn that is associated with the development of the stratospheric polar jet. Investigation of this phenomenon continues with Stratospheric Sounding Unit (SSU) data sets

Relation of the Structure of Sugars to Their Dissimilation in the Butyl-Acetonic Fermentation

The dissimilation of starch in corn mash by Clostridium acetobutylicum produces butanol, acetone and ethanol, commonly called solvents \u27, in the approximate ratio of 60:80:10, respectively. Although corn mash is the usual substrate, fermentations of certain pure carbohydrates by Cl. acetobutylicum have been investigated previously to some extent. The studies of various workers (3, 4, 5, 6, 9, 10, 11, 12) have shown that a considerable number of sugars are fermented by the butyl organism in semi-synthetic media. The sugar fermentations are somewhat slower than for corn mash, and the final acidities arc somewhat higher with yields of neutral products correspondingly lower. There is some variation in the proportion of solvents produced from the various carbohydrates. Hence, an attempt was made in this investigation to relate the structure of the sugars and the proportions of the solvents formed, by subjecting to the action of the butyl-acetone organism as many of the sugars and polyhydric alcohols as could be readily obtained or prepared. These included thirteen compounds which had not been previously studied in detail, with dextrose and corn mash used for controls