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

Nephronophthisis: a genetically diverse ciliopathy.

Nephronophthisis (NPHP) is an autosomal recessive cystic kidney disease and a leading genetic cause of established renal failure (ERF) in children and young adults. Early presenting symptoms in children with NPHP include polyuria, nocturia, or secondary enuresis, pointing to a urinary concentrating defect. Renal ultrasound typically shows normal kidney size with increased echogenicity and corticomedullary cysts. Importantly, NPHP is associated with extra renal manifestations in 10-15% of patients. The most frequent extrarenal association is retinal degeneration, leading to blindness. Increasingly, molecular genetic testing is being utilised to diagnose NPHP and avoid the need for a renal biopsy. In this paper, we discuss the latest understanding in the molecular and cellular pathogenesis of NPHP. We suggest an appropriate clinical management plan and screening programme for individuals with NPHP and their families

A model to map levelised cost of energy for wave energy projects

This is the author accepted manuscript. The final version is available from Elsevier via the DOI in this record.An economic model has been developed which allows the spatial dependence of wave energy levelised cost of energy (LCOE) to be calculated and mapped in graphical information system (GIS) software. Calculation is performed across a domain of points which define hindcast wave data; these data are obtained from wave propagation models like Simulating WAves Nearshore (SWAN). Time series of metocean data are interpolated across a device power matrix, obtaining energy production at every location. Spatial costs are calculated using Dijkstra's algorithm, to find distances between points from which costs are inferred. These include the export cable and operations, the latter also calculated by statistically estimating weather window waiting time. A case study is presented, considering the Scottish Western Isles and using real data from a device developer. Results indicate that, for the small scale device examined, the lowest LCOE hotspots occur in the Minches. This area is relatively sheltered, showing that performance is device specific and does not always correspond to the areas of highest energy resource. Sensitivity studies are performed, examining the effects of cut-in and cut-out significant wave height on LCOE, and month on installation cost. The results show that the impact of these parameters is highly location-specific.The authors wish to thank Albatern Ltd, the industrial partner of the research project, for their funding and support in sponsoring the lead author. In addition, the Energy Technology Institute (ETI) and Research Councils UK Energy Programme who have funded this research through the IDCORE programme (grant number: EP/J500847/1)

Re-introduction of structurally complex wood jams promotes channel and habitat recovery from overwidening: Implications for river conservation

Copyright © 2017 John Wiley & Sons, Ltd. Large wood is a powerful geomorphic agent in rivers, providing important habitat functions for a range of aquatic organisms, but has been subject to a long history of removal. Internationally, approaches to river restoration are increasingly incorporating large wood features, but generally favour simple flow deflectors (e.g. single logs, stripped of branches and anchored in place) over more complex structures that more accurately mimic natural wood jams. This paper explores channel response to wood-based restoration of an overwidened lowland chalk stream that incorporated whole felled trees. Hydraulics, sediment, topography and vegetation data were assessed for a 3year period for two restored reaches: an upstream reach where pre-restoration baseline data were obtained, and a downstream reach restored before data collection. Where pre-restoration data were available, the introduction of wood jams generated sediment deposition within jams leading to the development of vegetated marginal ‘benches’ and bed scour in adjacent areas of flow convergence. Patterns were less clear in the downstream reach, where restoration design was less ambitious and outcomes may have been affected by subsequent restoration work upstream. The results indicate that reintroduction of large wood (whole trees), can promote channel and habitat recovery from overwidening in lowland rivers, creating important ecological benefits through the provision of structurally complex marginal habitat and associated food resources. Longer-term assessments are required to establish whether the trajectories of change are persistent. The work emphasizes the effectiveness of restoration approaches that aim to ‘work with nature’. The ambitious design, incorporating structurally complex wood jams, was also low-cost, using materials available from the river corridor (existing riparian trees). Furthermore, ecosystem engineering effects were amplified by the colonization of wood jams by aquatic vegetation. The approach should, therefore, be transferable to other lowland rivers, subject to wider catchment constraints

Estimating Marine Aerosol Particle Volume and Number from Maritime Aerosol Network Data

As well as spectral aerosol optical depth (AOD), aerosol composition and concentration (number, volume, or mass) are of interest for a variety of applications. However, remote sensing of these quantities is more difficult than for AOD, as it is more sensitive to assumptions relating to aerosol composition. This study uses spectral AOD measured on Maritime Aerosol Network (MAN) cruises, with the additional constraint of a microphysical model for unpolluted maritime aerosol based on analysis of Aerosol Robotic Network (AERONET) inversions, to estimate these quantities over open ocean. When the MAN data are subset to those likely to be comprised of maritime aerosol, number and volume concentrations obtained are physically reasonable. Attempts to estimate surface concentration from columnar abundance, however, are shown to be limited by uncertainties in vertical distribution. Columnar AOD at 550 nm and aerosol number for unpolluted maritime cases are also compared with Moderate Resolution Imaging Spectroradiometer (MODIS) data, for both the present Collection 5.1 and forthcoming Collection 6. MODIS provides a best-fitting retrieval solution, as well as the average for several different solutions, with different aerosol microphysical models. The average solution MODIS dataset agrees more closely with MAN than the best solution dataset. Terra tends to retrieve lower aerosol number than MAN, and Aqua higher, linked with differences in the aerosol models commonly chosen. Collection 6 AOD is likely to agree more closely with MAN over open ocean than Collection 5.1. In situations where spectral AOD is measured accurately, and aerosol microphysical properties are reasonably well-constrained, estimates of aerosol number and volume using MAN or similar data would provide for a greater variety of potential comparisons with aerosol properties derived from satellite or chemistry transport model data

Invasive Signal Crayfish in the UK: Survey Methods to Inform Evidence-based Management

With invasive crayfish becoming increasingly widespread, evidence-based management is crucial to protect freshwater ecosystems. Knowledge of the structure and function of invasive crayfish populations allows for an effective evaluation of management efforts. Recent methodological developments have enabled the first truly quantitative studies of UK invasive crayfish populations in the field. This was achieved by the ‘triple drawdown’ (TDD) survey approach. In this article, we explore current survey approaches and their limitations, and we introduce the TDD method with its implications for crayfish survey, policy development and management

Reviews

The following publications have been reviewed by the mentioned authors;Beginning Graphical Communication by M. Jordan, B. Hawtin and A. Neil, reviewed by John LeesArt Related Topics by Bob Nunn and Chris Locke, reviewed by A. CharltonHandbook for Art and Design Students by Robin Jesson, reviewed by John LancasterDrawing and Cognition Descriptive and Experimental Studies of Graphic Production Processes by Peter Van Sommers, reviewed by Pamela M. SchenkThe Student's Guide to Western Calligraphy an Illustrated Survey by Joyce Irene Whalley, reviewed by John LancasterSource Directory for Authentic Indian, Eskimo and Aleut Arts and Crafts by the Indian Arts and Crafts BoardMarianne Straub by Mary Schoeser, reviewed by Kim GreerMisha Black by Avril Blake, reviewed by Kim Greer'Working in Crafts' - A National Survey by the Crafts Council, reviewed by L. SayerDirectory of Design Expertise by the Design Council, reviewed by R. Smit

Television viewing, walking speed, and grip strength in a prospective cohort study.

PURPOSE: Television (TV) watching is the most prevalent sedentary leisure time activity in the United Kingdom. We examined associations between TV viewing time, measured over 10 yr, and two objective measures of physical capability, usual walking speed (UWS) and grip strength. METHODS: Community-based participants (n = 8623; 48-92 yr old) enrolled in the European Prospective Investigation of Cancer-Norfolk study attended a third health examination (3HC, 2006-2011) for measurement of maximum grip strength (Smedley dynamometer) and UWS. TV viewing time was estimated using a validated questionnaire (n = 6086) administered during two periods (3HC, 2006-2007; 2HC, 1998-2000). Associations between physical capability and TV viewing time category (<2, 2 < 3, 3 < 4, and ≥4 h·d) at the 3HC, 2HC, and using an average of the two measures were explored. Sex-stratified analyses were adjusted for age, physical activity, anthropometry, wealth, comorbidity, smoking, and alcohol intake and combined if no sex-TV viewing time interactions were identified. RESULTS: Men and women who watched the least TV at the 2HC or 3HC walked at a faster usual pace than those who watched the most TV. There was no evidence of effect modification by sex (Pinteraction = 0.09), and in combined analyses, participants who watched for <2 h·d on average walked 4.29 cm·s (95% confidence interval, 2.56-6.03) faster than those who watched for ≥4 h·d, with evidence of a dose-response association (Ptrend < 0.001). However, no strong associations with grip strength were found. CONCLUSIONS: TV viewing time predicted UWS in older adults. More research is needed to inform public health policy and prospective associations between other measures of sedentariness, such as total sitting time or objectively measured sedentary time, and physical capability should be explored.VLK declares a Wellcome Trust clinical training fellowship [092077/Z/10/Z] and KW a British Heart Foundation intermediate basic science research fellowship [FS/12/58/29709]. For the remaining authors no conflicts of interest were declared. The EPIC-Norfolk study was supported by programme grants from the Medical Research Council [G9502233; G0401527] and Cancer Research UK [C864/A8257]. A grant from Research into Ageing [262] funded the 3HC clinic.This is the final published version. It first appeared at http://journals.lww.com/acsm-msse/pages/articleviewer.aspx?year=2015&issue=04000&article=00008&type=abstract