Criminal Law—Multiple Punishment under the Organized Crime Control Act—A Need for Reexamination of Wharton\u27s Rule and Double Jeopardy—Iannelli v. United States, 420 U.S. 770 (1975)

Robert lannelli and seven other petitioners were charged with conspiring to violate and violating 18 U.S.C. § 1955, a federal gambling statute which makes it a crime for five or more persons to conduct, finance, manage, supervise, direct, or own a gambling business prohibited by state law. Each petitioner was convicted of both offenses, and each was sentenced under both counts. On appeal the petitioners argued that conviction of both conspiracy and the substantive offense was precluded by Wharton\u27s Rule, a common law exception to the principle that a substantive offense and a conspiracy to commit the offense are distinct and separately punishable. The Court of Appeals for the Third Circuit affirmed the convictions, finding that a recognized exception to Wharton\u27s Rule permitted prosecution and punishment for both offenses. The United States Supreme Court, in a 5-4 decision, affirmed on different grounds. It held that Wharton\u27s Rule is only a judicial presumption which was rendered inapplicable by a congressional intent to permit punishment for both the conspiracy and the substantive offense. Iannelli v. United States, 420 U.S. 770 (1975)

Judicial Review of Fishery Management Regulations under the Fishery Conservation and Management Act of 1976

There are many issues under the Act which may come before the courts, including the effect of the National Environmental Policy Act on management schemes and whether there may be judicial review of the executive branch\u27s decisions on applications from foreign nations to fish within the 200-mile zone. But of paramount importance to those with a stake in the outcome of the management schemes is section 305(d) of the Act, which governs judicial review of fishery management regulations. Unfortunately, congressional discussion of this section is virtually non-existent, as the provision was a last minute addition to the Act. It is the purpose of this comment to analyze the scope of this section and to suggest some guidelines for its interpretation, recognizing, however, that such an attempt in the absence of any judicial precedent under the Act may be perilous

Spatial Patterns and Sequential Sampling Plans for Estimating Densities of Stink Bugs (Hemiptera: Pentatomidae) in Soybean in the North Central Region of the United States

Stink bugs are an emerging threat to soybean (Fabales: Fabaceae) in the North Central Region of the United States. Consequently, region-specific scouting recommendations for stink bugs are needed. The aim of this study was to characterize the spatial pattern and to develop sampling plans to estimate stink bug population density in soybean fields. In 2016 and 2017, 125 fields distributed across nine states were sampled using sweep nets. Regression analyses were used to determine the effects of stink bug species [Chinavia hilaris (Say) (Hemiptera: Pentatomidae) and Euschistus spp. (Hemiptera: Pentatomidae)], life stages (nymphs and adults), and field locations (edge and interior) on spatial pattern as represented by variance–mean relationships. Results showed that stink bugs were aggregated. Sequential sampling plans were developed for each combination of species, life stage, and location and for all the data combined. Results for required sample size showed that an average of 40–42 sample units (sets of 25 sweeps) would be necessary to achieve a precision of 0.25 for stink bug densities commonly encountered across the region. However, based on the observed geographic gradient of stink bug densities, more practical sample sizes (5–10 sample units) may be sufficient in states in the southeastern part of the region, whereas impractical sample sizes (\u3e100 sample units) may be required in the northwestern part of the region. Our findings provide research-based sampling recommendations for estimating densities of these emerging pests in soybean

Ovariectomy results in differential shifts in gut microbiota in low versus high aerobic capacity rats

The increased risk for cardiometabolic disease with the onset of menopause is widely studied and likely precipitated by the decline in endogenous estradiol (E2), yet the precise mechanisms are unknown. The gut microbiome is involved in estrogen metabolism and has been linked to metabolic disease, suggesting its potential involvement in the postmenopausal phenotype. Furthermore, menopause‐associated risk factors, as well as gut ecology, are altered with exercise. Therefore, we studied microbial changes in an ovariectomized (OVX vs. Sham) rat model of high (HCR) and low (LCR) intrinsic aerobic capacity (n = 8–10/group) in relation to changes in body weight/composition, glucose tolerance, and liver triglycerides (TG). Nine weeks after OVX, HCR rats were moderately protected against regional adipose tissue gain and liver TG accumulation (P < 0.05 for both). Microbial diversity and number of the Bacteroidetes phylum were significantly increased in LCR with OVX, but unchanged in HCR OVX relative to Sham. Plasma short‐chain fatty acids (SCFA), produced by bacteria in the gut and recognized as metabolic signaling molecules, were significantly greater in HCR Sham relative to LCR Sham rats (P = 0.05) and were decreased with OVX in both groups. These results suggest that increased aerobic capacity may be protective against menopause‐associated cardiometabolic risk and that gut ecology, and production of signaling molecules such as SCFA, may contribute to the mediation.We have demonstrated modest protection from the metabolic effects of surgical menopause (ovariectomy, OVX) in rats with increased aerobic capacity (high running capacity, HCR) relative to those with low aerobic capacity (low running capacity, LCR). These results are associated with significant differences in gut microbiota and their products (short chain fatty acids) between the two groups.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/113123/1/phy212488.pd

Preparation, Physical-Chemical Characterization, and Cytocompatibility of Polymeric Calcium Phosphate Cements

Aim. Physicochemical mechanical and in vitro biological properties of novel formulations of polymeric calcium phosphate cements (CPCs) were investigated. Methods. Monocalcium phosphate, calcium oxide, and synthetic hydroxyapatite were combined with either modified polyacrylic acid, light activated polyalkenoic acid, or polymethyl vinyl ether maleic acid to obtain Types I, II, and III CPCs. Setting time, compressive and diametral strength of CPCs was compared with zinc polycarboxylate cement (control). Specimens were characterized using X-ray diffraction, scanning electron microscopy, and infrared spectroscopy. In vitro cytotoxicity of CPCs and control was assessed. Results. X-ray diffraction analysis showed hydroxyapatite, monetite, and brushite. Acid-base reaction was confirmed by the appearance of stretching peaks in IR spectra of set cements. SEM revealed rod-like crystals and platy crystals. Setting time of cements was 5–12 min. Type III showed significantly higher strength values compared to control. Type III yielded high biocompatibility. Conclusions. Type III CPCs show promise for dental applications

The Association Between Persistent White-Matter Abnormalities and Repeat Injury After Sport-Related Concussion

Objective: A recent systematic review determined that the physiological effects of concussion may persist beyond clinical recovery. Preclinical models suggest that ongoing physiological effects are accompanied by increased cerebral vulnerability that is associated with risk for subsequent, more severe injury. This study examined the association between signal alterations on diffusion tensor imaging following clinical recovery of sport-related concussion in athletes with and without a subsequent second concussion. Methods: Average mean diffusivity (MD) was calculated in a region of interest (ROI) in which concussed athletes (n = 82) showed significantly elevated MD acutely after injury (<48 h), at an asymptomatic time point, 7 days post-return to play (RTP), and 6 months relative to controls (n = 69). The relationship between MD in the identified ROI and likelihood of sustaining a subsequent concussion over a 1-year period was examined with a binary logistic regression (re-injured, yes/no). Results: Eleven of 82 concussed athletes (13.4%) sustained a second concussion within 12 months of initial injury. Mean MD at 7 days post-RTP was significantly higher in those athletes who went on to sustain a repeat concussion within 1 year of initial injury than those who did not (p = 0.048; d = 0.75). In this underpowered sample, the relationship between MD at 7 days post-RTP and likelihood of sustaining a secondary injury approached significance [χ2 (1) = 4.17, p = 0.057; B = 0.03, SE = 0.017; OR = 1.03, CI = 0.99, 1.07]. Conclusions: These preliminary findings raise the hypothesis that persistent signal abnormalities in diffusion imaging metrics at RTP following concussion may be predictive of a repeat concussion. This may reflect a window of cerebral vulnerability or increased susceptibility following concussion, though understanding the clinical significance of these findings requires further study

Overview of the Kepler Science Processing Pipeline

The Kepler Mission Science Operations Center (SOC) performs several critical functions including managing the ~156,000 target stars, associated target tables, science data compression tables and parameters, as well as processing the raw photometric data downlinked from the spacecraft each month. The raw data are first calibrated at the pixel level to correct for bias, smear induced by a shutterless readout, and other detector and electronic effects. A background sky flux is estimated from ~4500 pixels on each of the 84 CCD readout channels, and simple aperture photometry is performed on an optimal aperture for each star. Ancillary engineering data and diagnostic information extracted from the science data are used to remove systematic errors in the flux time series that are correlated with these data prior to searching for signatures of transiting planets with a wavelet-based, adaptive matched filter. Stars with signatures exceeding 7.1 sigma are subjected to a suite of statistical tests including an examination of each star's centroid motion to reject false positives caused by background eclipsing binaries. Physical parameters for each planetary candidate are fitted to the transit signature, and signatures of additional transiting planets are sought in the residual light curve. The pipeline is operational, finding planetary signatures and providing robust eliminations of false positives.Comment: 8 pages, 3 figure

Domesticating the Exotic? An Online Survey of Attitudes towards the International Wildlife Pet Trade

There are a variety of perspectives on wildlife management and conservation, necessitating interdisciplinary research to develop better management strategies. We answered the call to action provided by Teel et al. (2018) to integrate social sciences into conservation and explored an important but understudied issue: views on the international pet-trade of exotic animals. Some pet owners advocate the pet trade as a means to promote conservation, where removing wild animals from their natural habitat could protect them from degraded environments. To gauge how prevalent this attitude is in a cross-national sample, we conducted an online survey that asked 882 participants worldwide to evaluate the pet trade and its relationship with biological conservation. Overall, our survey results showed regional patterns and indicated that younger respondents were more likely to consider international pet trade as a form of acceptable conservation practice compared to older respondents. Education also played a role in shaping views on the pet-trade and indicated that respondents with higher education degrees were less prone to accept pet trade as a substitute for conservation practices. Our research provides novel insights applicable to education programmes and international conservation efforts while highlighting variation in attitudes even among professionals with formal training in natural sciences and ecology

Metallicity and Alpha-Element Abundance Measurement in Red Giant Stars from Medium Resolution Spectra

We present a technique that applies spectral synthesis to medium resolution spectroscopy (MRS, R ~ 6000) in the red (6300 A < lambda < 9100 A) to measure [Fe/H] and [alpha/Fe] of individual red giant stars over a wide metallicity range. We apply our technique to 264 red giant stars in seven Galactic globular clusters and demonstrate that it reproduces the metallicities and alpha enhancements derived from high resolution spectroscopy (HRS). The MRS technique excludes the three Ca II triplet lines and instead relies on a plethora of weaker lines. Unlike empirical metallicity estimators, such as the equivalent width of the Ca II triplet, the synthetic method presented here is applicable over an arbitrarily wide metallicity range and is independent of assumptions about the alpha enhancement. Estimates of cluster mean [Fe/H] from different HRS studies show typical scatter of ~0.1 dex but can be larger than 0.2 dex for metal-rich clusters. The scatter in HRS abundance estimates among individual stars in a given cluster is also comparable to 0.1 dex. By comparison, the scatter among MRS [Fe/H] estimates of individual stars in a given cluster is ~0.1 dex for most clusters but 0.17 dex for the most metal-rich cluster, M71 ( = -0.8). A star-by-star comparison of HRS vs. MRS [alpha/Fe] estimates indicates that the precision in [alpha/Fe]_MRS is 0.05 dex. The errors in [Fe/H]_MRS and [alpha/Fe]_MRS increase beyond 0.25 dex only below signal-to-noise ratios of 20 A^(-1), which is typical for existing MRS of the red giant stars in Leo I, one of the most distant Milky Way satellites (250 kpc).Comment: 16 pages, 17 figures, 7 tables, accepted for publication in Ap

Brane decay of a (4+n)-dimensional rotating black hole: spin-0 particles

In this work, we study the `scalar channel' of the emission of Hawking radiation from a (4+n)-dimensional, rotating black hole on the brane. We numerically solve both the radial and angular part of the equation of motion for the scalar field, and determine the exact values of the absorption probability and of the spheroidal harmonics, respectively. With these, we calculate the particle, energy and angular momentum emission rates, as well as the angular variation in the flux and power spectra -- a distinctive feature of emission during the spin-down phase of the life of the produced black hole. Our analysis is free from any approximations, with our results being valid for arbitrarily large values of the energy of the emitted particle, angular momentum of the black hole and dimensionality of spacetime. We finally compute the total emissivities for the number of particles, energy and angular momentum and compare their relative behaviour for different values of the parameters of the theory.Comment: 24 pages, 13 figure