Federal Procedure - Availability of Coram Nobis in Federal Cases Involving Right of Counsel

ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had not waived his constitutional right to such assistance. His motion was denied. Reversed by the Court of Appeals for the Second Circuit and remanded for hearing. On certiorari to the Supreme Court, held, Morgan was entitled to show by a motion in the nature of a writ of error coram nobis that the federal conviction and sentence should be set aside. United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247 (1954)

Constitutional Law - Due Process - Enforced Collection of State Use Tax from Nonresident Vendor

Appellant is a Delaware corporation engaging in the retail furniture business in Delaware. It has no place of business in Maryland, nor does it solicit orders in that state. It does not accept mail or phone orders from Maryland, nor does it advertise in any Maryland publications. The only contacts which the appellant has with Maryland customers, aside from direct dealings at appellant\u27s retail store, are occasional direct mail advertisements, which it sends to all of its customers wherever located, and deliveries of goods purchased by Maryland customers. These deliveries are either made by commercial carrier or by appellant\u27s own truck. On one of its delivery runs into Maryland this truck was seized by Maryland authorities and held for satisfaction of a tax claim asserted against appellant by that state. The tax claim was based on the Maryland use tax, which provides that a vendor engaging in business in the state must collect the tax from its customers and remit it to the state or be personally liable. Appellant alleged that imposition of this tax and seizure of its truck were unconstitutional, but the Maryland Supreme Court held it liable for the tax. On appeal to the Supreme Court of the United States held, imposition on appellant of liability for the tax was contrary to the due process clause of the Fourteenth Amendment. Miller Brothers Company v. Maryland, 347 U.S. 340, 74 S.Ct. 535 (1954)

Labor Law - Labor-Management Relations Act - Interrogation Concerning Union Membership As an Unfair Labor Practice

Concerned about possible loss of Allied Trades Council approval if a union not a member of the council should be elected by Syracuse Color Press employees in a forthcoming representation election, the plant superintendent called five employees into his private office. He and the general manager questioned them concerning membership and meetings of the nonmember union, and about employee sympathy regarding that union. The nonmember union filed a complaint and the trial examiner of the National Labor Relations Board found a violation of section 8(a)(1) of the National Labor Relations Act, although he found no actual coercion of the employees. The NLRB adopted the examiner\u27s findings and petitioned the Court of Appeals for the Second Circuit for an enforcement order. Held, an enforcement order should issue, on the ground that the situation in which the interrogation was carried on contained elements of actual coercion. NLRB v. Syracuse Color Press, Inc., (2d Cir. 1954) 209 F. (2d) 596

Autoridad y flexibilidad en la burocracia imperial española

Resumen La aproximación a la burocracia colonial española es la del “análisis de estándares conflictivos”, propuesto inicialmente por Andrew Gunder Frank. Dada la ambigüedad de metas y el frecuente conflicto entre estándares, no todas las leyes pueden ser cumplidas simultáneamente. La prevalencia de estándares mutuamente conflictivos, que impedía al subordinado ejecutar todos los estándares a la vez, le dio una voz a los subalternos en la toma de decisiones, sin comprometer el control central..

Return to Full Functioning after Graded Exercise Assessment and Progressive Exercise Treatment of Postconcussion Syndrome

Exercise assessment and aerobic exercise training for postconcussion syndrome (PCS) may reduce concussion-related physiological dysfunction and symptoms by restoring autonomic balance and improving cerebral blood flow autoregulation. In a descriptive pilot study of 91 patients referred to a university clinic for treatment of PCS, a subset of 63 patients were contacted by telephone for assessment of symptoms and return to full daily functioning. Those who experienced symptoms during a graded exercise treadmill test (physiologic PCS, n = 40) were compared to those who could exercise to capacity (PCS, n = 23). Both groups had been offered progressive exercise rehabilitation. Overall 41 of 57 (72%) who participated in the exercise rehabilitation program returned to full daily functioning. This included 27 of 35 (77%) from the physiologic PCS group, and 14 of 22 (64%) from the PCS group. Only 1 of the 6 patients who declined exercise rehabilitation returned to full functioning. Interpretation of these results is limited by the descriptive nature of the study, the small sample size, and the relatively few patients who declined exercise treatment. Nonetheless, exercise assessment indicates that approximately one third of those examined did not have physiologic PCS

Does Emotional Intelligence at medical school admission predict future licensing examination performance?

Background: Medical school admissions committees are seeking alternatives to traditional academic measures when selecting students; one potential measure being emotional intelligence (EI). If EI is to be used as an admissions criterion, it should predict future performance. The purpose of this study is to determine if EI scores at admissions predicts performance on a medical licensure examination Methods: All medical school applicants to the University of Ottawa in 2006 and 2007 were invited to complete the Mayer-Salovey-Caruso Emotional Intelligence Test (MSCEIT v2.0) after their interview. Students were tracked through medical school into licensure and EI scores were correlated to their scores on the Medical Council of Canada Qualifying Examination (MCCQE) attempted between 2010 and 2014. Results: The correlation between the MSCEIT and the MCCQE Part I was r (200) = .01 p =. 90 The covariates of age and gender accounted for a significant amount of variance in MCCQE Part I scores (R2 = .10, p <.001, n=202) but the addition of the MSCEIT scores was not statistically significant (R2 change = .002, p=.56). The correlation between the MSCEIT and the MCCQE Part II was r(197) = .06, p = .41. The covariates of age and gender accounted for some variance in MCCQE Part II scores (R2 = .05, p = .007, n=199) but the addition of the MSCEIT did not (R2 change = .002 p =.55). Conclusion: The low correlations between EI and licensure scores replicates other studies that have found weak correlations between EI scores and tests administered at admissions and during medical school.  These results suggest caution if one were to use EI as part of their admissions process

Fat intake and injury in female runners

<p>Abstract</p> <p>Background</p> <p>Our purpose was to determine the relationship between energy intake, energy availability, dietary fat and lower extremity injury in adult female runners. We hypothesized that runners who develop overuse running-related injuries have lower energy intakes, lower energy availability and lower fat intake compared to non-injured runners.</p> <p>Methods</p> <p>Eighty-six female subjects, running a minimum of 20 miles/week, completed a food frequency questionnaire and informed us about injury incidence over the next year.</p> <p>Results</p> <p>Injured runners had significantly lower intakes of total fat (63 ± 20 vs. 80 ± 50 g/d) and percentage of kilocalories from fat (27 ± 5 vs. 30 ± 8 %) compared with non-injured runners. A logistic regression analysis found that fat intake was the best dietary predictor, correctly identifying 64% of future injuries. Lower energy intake and lower energy availability approached, but did not reach, a significant association with overuse injury in this study.</p> <p>Conclusion</p> <p>Fat intake is likely associated with injury risk in female runners. By documenting these associations, better strategies can be developed to reduce running injuries in women.</p

Rest and treatment/rehabilitation following sport-related concussion: a systematic review

AIM OR OBJECTIVE: The objective of this systematic review was to evaluate the evidence regarding rest and active treatment/rehabilitation following sport-related concussion (SRC). DESIGN: Systematic review. DATA SOURCES: MEDLINE (OVID), CINAHL (EbscoHost), PsycInfo (OVID), Cochrane Central Register of Controlled Trials (OVID), SPORTDiscus (EbscoHost), EMBASE (OVID) and Proquest DissertationsandTheses Global (Proquest) were searched systematically. ELIGIBILITY CRITERIA FOR SELECTING STUDIES: Studies were included if they met the following criteria: (1) original research; (2) reported SRC as the diagnosis; and (3) evaluated the effect of rest or active treatment/rehabilitation. Review articles were excluded. RESULTS: Twenty-eight studies met the inclusion criteria (9 regarding the effects of rest and 19 evaluating active treatment). The methodological quality of the literature was limited; only five randomised controlled trials (RCTs) met the eligibility criteria. Those RCTs included rest, cervical and vestibular rehabilitation, subsymptom threshold aerobic exercise and multifaceted collaborative care. SUMMARY/CONCLUSIONS: A brief period (24-48 hours) of cognitive and physical rest is appropriate for most patients. Following this, patients should be encouraged to gradually increase activity. The exact amount and duration of rest are not yet well defined and require further investigation. The data support interventions including cervical and vestibular rehabilitation and multifaceted collaborative care. Closely monitored subsymptom threshold, submaximal exercise may be of benefit. SYSTEMATIC REVIEW REGISTRATION: PROSPERO 2016:CRD42016039570