LIBEL AND SLANDER-CHARGE OF COMMUNISM AS LIBEL

Plaintiff a federal official, brought a libel action based on defendant\u27s publication, in 1944, of an article charging that plaintiff had been campaign manager for a Communist candidate in a New York election; had been employed by the Daily Worker; and had caused defendant\u27s removal from a Bronx ration board because of defendant\u27s opposition to left-wing activities connected therewith. Plaintiff contended that the article was libelous in that (1) it charged that he was a Communist; and (2) it charged that he had conspired, in violation of the duties of his office, to oust defendant. Held, the complaint stated a good cause of action on the second ground but not on the first. Two of the five-judge court dissented, concluding that the complaint did not support either ground, but that plaintiff would have had a good cause of action if defendant had directly charged that he was a Communist. Mencher v. Chesley, 270 App. Div. 1040, 63 N.Y.S. (2d) 108 (1946)

LIBEL AND SLANDER-CLASSIFICATION OF DEFAMATORY BROADCASTS FROM A PREPARED SCRIPT

In an action for libel or slander, plaintiff\u27s complaint alleged that defendant, a radio commentator, broadcast from a prepared script a charge that plaintiff was the leader of a movement which favored peace because Germany was losing the war and blamed the United States for killing children in Europe and Asia. Defendant moved to dismiss the complaint; held, that the complaint stated a good cause of action. Since the remarks complained of were not defamatory per se, the court considered the decision as turning on whether they constituted libel or slander and held that they were libelous, distinguishing a previous New York case which reached the opposite conclusion as to extemporaneous broadcasts. Hartmann v. Winchell, 187 Misc. 54, 63 N.Y.S. (2d) 225 (1946)

EVIDENCE-UNCONTRADICTED TESTIMONY

The great majority of jurisdictions in the United States recognize the rule that in civil cases clear, positive, direct and undisputed testimony, not improbable or contradictory, given by an unimpeached witness, cannot be rejected or disregarded by either court or jury, unless the evidence discloses facts and circumstances which furnish a reasonable ground for so doing. It is the purpose of this comment to discuss (1) the reasons underlying this rule, and the extent to which it is recognized, rejected or limited in various jurisdictions; (2) the application of the rule to fact situations in jurisdictions where it is recognized

New method for determining relative oscillator strengths of atoms through combined absorption and emission measurements: Application to titanium (TiI)

The authors introduce a procedure that combines measurements of absorption and emission by atoms to obtain relative oscillator strengths that are independent of temperature determination in the sources and of assumptions regarding local thermodynamic equilibrium. The experimental observations are formed into sets of transitions and required to satisfy defined ratios. The screened data are adjusted with a least-squares program to obtain optimized relative oscillator strengths and constants relating the observations to these values. With appropriate choices of input observations, the constants are proportional to upper-level lifetimes and lower-level populations. The procedure is illustrated by the published data of Whaling et al. and Smith and Kühne for 16 transitions in TiI. The relative oscillator strengths resulting from this procedure have calculated uncertainties between 5 and 17% (∼ 95% confidence level). Evidence is presented to suggest that these uncertainties have been overestimated. Calculated oscillator strengths are normalized to the atomic-beam absorption measurements of Bell et al. and to the experimental lifetimes of Roberts et al. and Whaling et al. The absolute oscillator strengths are determined with an uncertainty of 7-18%. The results indicate that the published lifetime for the level y 3D20 of TiI should be increased by 24%

Shared up-regulation and contrasting down-regulation of gene expression distinguish desiccation-tolerant from intolerant green algae

© The Author(s), 2020. This article is distributed under the terms of the Creative Commons Attribution License. The definitive version was published in Peredo, E. L., & Cardon, Z. G. Shared up-regulation and contrasting down-regulation of gene expression distinguish desiccation-tolerant from intolerant green algae. Proceedings of the National Academy of Sciences of the United States of America, 117(29), 1(2020): 7438-17445, doi:10.1073/pnas.1906904117.Among green plants, desiccation tolerance is common in seeds and spores but rare in leaves and other vegetative green tissues. Over the last two decades, genes have been identified whose expression is induced by desiccation in diverse, desiccation-tolerant (DT) taxa, including, e.g., late embryogenesis abundant proteins (LEA) and reactive oxygen species scavengers. This up-regulation is observed in DT resurrection plants, mosses, and green algae most closely related to these Embryophytes. Here we test whether this same suite of protective genes is up-regulated during desiccation in even more distantly related DT green algae, and, importantly, whether that up-regulation is unique to DT algae or also occurs in a desiccation-intolerant relative. We used three closely related aquatic and desert-derived green microalgae in the family Scenedesmaceae and capitalized on extraordinary desiccation tolerance in two of the species, contrasting with desiccation intolerance in the third. We found that during desiccation, all three species increased expression of common protective genes. The feature distinguishing gene expression in DT algae, however, was extensive down-regulation of gene expression associated with diverse metabolic processes during the desiccation time course, suggesting a switch from active growth to energy-saving metabolism. This widespread downshift did not occur in the desiccation-intolerant taxon. These results show that desiccation-induced up-regulation of expression of protective genes may be necessary but is not sufficient to confer desiccation tolerance. The data also suggest that desiccation tolerance may require induced protective mechanisms operating in concert with massive down-regulation of gene expression controlling numerous other aspects of metabolism.Dr. Louise Lewis (University of Connecticut) provided F. rotunda and A. deserticola. Suzanne Thomas and Jordan Stark provided expert technical assistance. This work was supported by the NSF, Division of Integrative Organismal Systems (1355085 to Z.G.C.), and an anonymous donor (to Z.G.C.)

Investigation of quantitative measures related to reading disability in a large sample of sib-pairs from the UK

We describe a family-based sample of individuals with reading disability collected as part of a quantitative trait loci (QTL) mapping study. Eighty-nine nuclear families (135 independent sib-pairs) were identified through a single proband using a traditional discrepancy score of predicted/actual reading ability and a known family history. Eight correlated psychometric measures were administered to each sibling, including single word reading, spelling, similarities, matrices, spoonerisms, nonword and irregular word reading, and a pseudohomophone test. Summary statistics for each measure showed a reduced mean for the probands compared to the co-sibs, which in turn was lower than that of the population. This partial co-sib regression back to the mean indicates that the measures are influenced by familial factors and therefore, may be suitable for a mapping study. The variance of each of the measures remained largely unaffected, which is reassuring for the application of a QTL approach. Multivariate genetic analysis carried out to explore the relationship between the measures identified a common factor between the reading measures that accounted for 54% of the variance. Finally the familiality estimates (range 0.32–0.73) obtained for the reading measures including the common factor (0.68) supported their heritability. These findings demonstrate the viability of this sample for QTL mapping, and will assist in the interpretation of any subsequent linkage findings in an ongoing genome scan

Deploying Mindfulness to Gain Cognitive Advantage: Considerations for Military Effectiveness and Well-being

Mindfulness involves paying attention to present moment experience without discursive commentary or emotional reactivity. Mindfulness training (MT) programs aim to promote this mental mode via introduction to specific mindfulness exercises, related in-class discussion, and ongoing engagement in mindfulness exercises. MT is being increasingly offered to high-demand, high-stress military/uniformed and civilian cohorts with a wide array of reported benefits. Herein, we begin by discussing recent theoretical models regarding MT’s mechanisms of action from a cognitive training/cognitive neuroscience perspective, which propose that MT engages and strengthens three key processes [e.g., 1]. These are: 1) attentional orienting, which is the ability to select and sustain attention on a subset of information while remaining undistracted; 2) meta-awareness, which is the ability to monitor one’s ongoing experience with an awareness of doing so; and 3) decentering, which is the ability to view one’s experience at a psychological distance so that biases, mind-sets, and interpretations are viewed as mental processes rather than accurate depictions of reality. Next, we review evidence of MT’s beneficial effects on cognitive, social, and emotional dimensions of human behavior, which are aligned with military frameworks describing the human dimension [e.g., 2]. We then discuss attitudinal impediments to broad adoption of MT in military settings, and propose counterarguments so as to facilitate its implementation. We end by arguing that MT should be considered a key cognitive training tool by which to achieve cognitive advantage in the service of improved operational readiness and effectiveness, as well as greater resilience and well-being in military/uniformed cohorts

A model suite of green algae within the Scenedesmaceae for investigating contrasting desiccation tolerance and morphology

Author Posting. © The Company of Biologists, 2018. This article is posted here by permission of The Company of Biologists for personal use, not for redistribution. The definitive version was published in Journal of Cell Science 131 (2018): jcs212233, doi:10.1242/jcs.212233.Microscopic green algae inhabiting desert microbiotic crusts are remarkably diverse phylogenetically, and many desert lineages have independently evolved from aquatic ancestors. Here we worked with five desert and aquatic species within the family Scenedesmaceae to examine mechanisms that underlie desiccation tolerance and release of unicellular versus multicellular progeny. Live cell staining and time-lapse confocal imaging coupled with transmission electron microscopy established that the desert and aquatic species all divide by multiple (rather than binary) fission, although progeny were unicellular in three species and multicellular (joined in a sheet-like coenobium) in two. During division, Golgi complexes were localized near nuclei, and all species exhibited dynamic rotation of the daughter cell mass within the mother cell wall at cytokinesis. Differential desiccation tolerance across the five species, assessed from photosynthetic efficiency during desiccation/rehydration cycles, was accompanied by differential accumulation of intracellular reactive oxygen species (ROS) detected using a dye sensitive to intracellular ROS. Further comparative investigation will aim to understand the genetic, ultrastructural and physiological characteristics supporting unicellular versus multicellular coenobial morphology, and the ability of representatives in the Scenedesmaceae to colonize ecologically diverse, even extreme, habitats.This work was supported by the National Science Foundation, Division of Integrative Organismal Systems [1355085 to Z.G.C.], an anonymous donor [to Z.G.C.], the Marine Biological Laboratory [to M.B.] and the Environmental and Molecular Sciences Laboratory (EMSL) [48938 to Z.G.C.], a Department of Energy, Office of Science User Facility sponsored by the Office of Biological and Environmental Research, located at Pacific Northwest National Laboratory.2019-04-1

Grape Irrigation

This fact sheet describes how to properly manage irrigation of grapes for the long-term health and productivity of your planting

Introduction to a Biological Systems Science

Biological systems analysis and biodynamic modelling of physiological and biological interrelationships in human body and mammal