Prior Consistent Statements: The Dangers of Misinterpreting Recently Amended Fre 801(D)(1)(B)*

Federal Rule of Evidence 801(d)(1)(B) has long provided that prior statements consistent with the testimony of a witness who is subject to cross-examination may be introduced and used as substantive evidence when offered “to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying.” At the end of 2014, the rule was amended also to allow prior consistent statements to be introduced as substantive evidence when offered “to rehabilitate the declarant’s credibility as a witness when attacked on another ground.

Argon Metastable-cadmium Dihalide Energy Transfer Collisions In A Flowing Afterglow

The energy dependence of dissociating collisions between argon metastable atoms and cadmium dihalide molecules have been studied in a flowing afterglow apparatus. The fluorescence spectra obtained in the range of 3000-7600 Å which result from the Ar(3P2) + CdX2 interactions indicate a dominant dissociative excitation production mechanism. The emission spectra are used to narrow the uncertainty in the currently accepted values for the dissociation energy of the CdX2 molecules. The Wigner spin rule (conservation of total electronic spin) was verified for these processes as shown by the dominance of final state triplet production as compared to the virtual absence of singlet spin state production. © 1988 American Institute of Physics

Prior Consistent Statements: The Dangers of Misinterpreting Recently Amended Federal Rule of Evidence 801(d)(1)(B)

A recent amendment to Federal Rule of Evidence 801(d)(1)(B) expands the situations in which prior consistent statements by testifying witnesses can be used as substantive evidence, and not merely as rehabilitating evidence. In this piece, the Authors argue that the revised rule may mislead judges and lawyers to conclude that prior consistent statements are always usable as substantive evidence when offered to rehabilitate a witness. Nothing could be further from the truth. The intent, although hard to discern on the face of the revised rule, is only to allow substantive use of consistent statements that are otherwise admissible to rehabilitate the testimony of a witness whose credibility has been attacked in a way that can be properly answered by proving prior consistencies. Thus the rule allows substantive use of consistent statements when they are relevant to repair attacks charging the witness with having forgotten what actually happened or charging the witness with making prior inconsistent statements in those limited cases in which proving consistent statements could refute such an attack. Perhaps most importantly, the revised rule does not do away with the premotive requirement adopted by the Supreme Court in the Tome case more than twenty years ago

Prior Consistent Statements: The Dangers of Misinterpreting Recently Amended Federal Rule of Evidence 801(d)(1)(B)

A recent amendment to Federal Rule of Evidence 801(d)(1)(B) expands the situations in which prior consistent statements by testifying witnesses can be used as substantive evidence, and not merely as rehabilitating evidence. In this piece, the Authors argue that the revised rule may mislead judges and lawyers to conclude that prior consistent statements are always usable as substantive evidence when offered to rehabilitate a witness. Nothing could be further from the truth. The intent, although hard to discern on the face of the revised rule, is only to allow substantive use of consistent statements that are otherwise admissible to rehabilitate the testimony of a witness whose credibility has been attacked in a way that can be properly answered by proving prior consistencies. Thus the rule allows substantive use of consistent statements when they are relevant to repair attacks charging the witness with having forgotten what actually happened or charging the witness with making prior inconsistent statements in those limited cases in which proving consistent statements could refute such an attack. Perhaps most importantly, the revised rule does not do away with the premotive requirement adopted by the Supreme Court in the Tome case more than twenty years ago

Confirmed presence of the squash bee, Peponapis pruinosa (Say, 1837) in the state of Oregon and specimen-based observational records of Peponapis (Say, 1837) (Hymenoptera: Anthophila) in the Oregon State Arthropod Collection

A new Oregon record for Peponapis pruinosa (Say, 1837) is presented with notes on its occurrence and photographs. This record provides the first empirical evidence of the genus and species in the state of Oregon. A dataset of Peponapis (Say, 1837) specimens in the holdings of the Oregon State Arthropod Collection is included with a brief summary of its contents

Learning in Tele-autonomous Systems using Soar

Robo-Soar is a high-level robot arm control system implemented in Soar. Robo-Soar learns to perform simple block manipulation tasks using advice from a human. Following learning, the system is able to perform similar tasks without external guidance. Robo-Soar corrects its knowledge by accepting advice about relevance of features in its domain, using a unique integration of analytic and empirical learning techniques

Robo-Soar: An Integration of External Interaction, Planning, and Learning using Soar

This chapter reports progress in extending the Soar architecture to tasks that involve interaction with external environments. The tasks are performed using a Puma arm and a camera in a system called Robo-Soar. The tasks require the integration of a variety of capabilities including problem solving with incomplete knowledge, reactivity, planning, guidance from external advice, and learning to improve the efficiency and correctness of problem solving. All of these capabilities are achieved without the addition of special purpose modules or subsystems to Soar

Status of LDEF activation measurements and archive

We review the status of induced radioactivity measurements for the LDEF spacecraft which includes studies of the nuclide, target, directional and depth dependences of the activation. Analysis of the data has focused on extraction of the specific activities for many materials to develop a global picture of the low Earth orbital environment to which the LDEF was subjected. Preliminary comparisons of data in a previous review showed that it was possible to make meaningful intercomparisons between results obtained at different facilities. Generally these comparisons were good and gave results to within 10-20 percent, although some analysis remains. These results clearly provide constraints for recent calculations being performed of the radiation environment of the LDEF. We are not anticipating a period of production of final activation results. An archive is being prepared jointly between NASA/Marshall and Eastern Kentucky University which will include gamma ray spectra and other intermediate results

Understanding the Hysteresis Loop Conundrum in Pharmacokinetic / Pharmacodynamic Relationships

This is the published version. Copyright 2014 Canadian Society for Pharmaceutical SciencesHysteresis loops are phenomena that sometimes are encountered in the analysis of pharmacokinetic and pharmacodynamic relationships spanning from pre-clinical to clinical studies. When hysteresis occurs it provides insight into the complexity of drug action and disposition that can be encountered. Hysteresis loops suggest that the relationship between drug concentration and the effect being measured is not a simple direct relationship, but may have an inherent time delay and disequilibrium, which may be the result of metabolites, the consequence of changes in pharmacodynamics or the use of a non-specific assay or may involve an indirect relationship. Counter-clockwise hysteresis has been generally defined as the process in which effect can increase with time for a given drug concentration, while in the case of clockwise hysteresis the measured effect decreases with time for a given drug concentration. Hysteresis loops can occur as a consequence of a number of different pharmacokinetic and pharmacodynamic mechanisms including tolerance, distributional delay, feedback regulation, input and output rate changes, agonistic or antagonistic active metabolites, uptake into active site, slow receptor kinetics, delayed or modified activity, time-dependent protein binding and the use of racemic drugs among other factors. In this review, each of these various causes of hysteresis loops are discussed, with incorporation of relevant examples of drugs demonstrating these relationships for illustrative purposes. Furthermore, the effect that pharmaceutical formulation has on the occurrence and potential change in direction of the hysteresis loop, and the major pharmacokinetic / pharmacodynamic modeling approaches utilized to collapse and model hysteresis are detailed

X-ray Surface Brightness Profiles of Active Galactic Nuclei in the Extended Groth Strip: Implications for AGN Feedback

Using data from the All Wavelength Extended Groth Strip International Survey (AEGIS) we statistically detect the extended X-ray emission in the interstellar medium (ISM)/intra-cluster medium (ICM) in both active and normal galaxies at 0.3 <= z <= 1.3. For both active galactic nuclei (AGN) host galaxy and normal galaxy samples that are matched in restframe color, luminosity, and redshift distribution, we tentatively detect excess X-ray emission at scales of 1--10 arcsec at a few sigma significance in the surface brightness profiles. The exact significance of this detection is sensitive to the true characterization of Chandra's point spread function. The observed excess in the surface brightness profiles is suggestive of lower extended emission in AGN hosts compared to normal galaxies. This is qualitatively similar to theoretical predictions of the X-ray surface brightness profile from AGN feedback models, where feedback from AGN is likely to evacuate the gas from the center of the galaxy/cluster. We propose that AGN that are intrinsically under-luminous in X-rays, but have equivalent bolometric luminosities to our sources will be the ideal sample to study more robustly the effect of AGN feedback on diffuse ISM/ICM gas.Comment: Accepted in PAS