Market-Share Liability After \u3cem\u3eHymowitz\u3c/em\u3e and \u3cem\u3eConley\u3c/em\u3e: Exploring the Limits of Judicial Power

This Note surveys the development of market-share liability and examines the limits on the power of state and federal courts to impose liability on defendants through market-share liability. Part I examines briefly the development of market-share liability in the early 1980s. It then explores how the New York Court of Appeals extended market-share liability in Hymowitz v. Eli Lilly and explores this case\u27s ramifications. Part I also draws on a recent Florida case, Conley v. Boyle Drug Co., for further insight into the problems surrounding market-share liability litigation. Part II argues that jurisdictional limitations, such as standing to sue in federal court and the requirements for in personam jurisdiction over defendants, should pose significant restraints on judicial power to apply the most expansive versions of market-share liability. Part III urges that Congress enact a law, as an appropriate exercise of its power under the commerce clause, to limit the power of states to create theories of liability that can significantly interfere with interstate commerce

The modular synthesis of rare earth-transition metal heterobimetallic complexes utilizing a redox-active ligand

We report a robust and modular synthetic route to heterometallic rare earth-transition metal complexes. We have used the redox-active bridging ligand 1,10-phenathroline-5,6-dione (pd), which has selective N,N′ or O,O′ binding sites as the template for this synthetic route. The coordination complexes [Ln(hfac)3(N,N’-pd)] (Ln = Y [1], Gd [2]; hfac = hexafluoroacetylacetonate) were synthesised in high yield. These complexes have been fully characterised using a range of spectroscopic techniques. Solid state molecular structures of 1 and 2 have been determined by X-ray crystallography and display different pd binding modes in coordinating and non-coordinating solvents. Complexes 1 and 2 are unusually highly coloured in coordinating solvents, for example the vis-NIR spectrum of 1 in acetonitrile displays an electronic transition centred at 587 nm with an extinction coefficient consistent with significant charge transfer. The reaction between 1 and 2 and VCp2 or VCpt2 (Cpt = tetramethylcyclopentadienyl) resulted in the isolation of the heterobimetallic complexes, [Ln(hfac)3(N,N′-O,O′-pd)VCp2] (Ln = Y [3], Gd [4]) or [Ln(hfac)3(N,N′-O,O′-pd)VCpt2] (Ln = Y [5], Gd [6]). The solid state molecular structures of 3, 5 and 6 have been determined by X-ray crystallography. The spectroscopic data on 3–6 are consistent with oxidation of V(II) to V(IV) and reduction of pd to pd2− in the heterobimetallic complexes. The spin-Hamiltonian parameters from low temperature X-band EPR spectroscopy of 3 and 5 describe a 2A1 ground state, with a V(IV) centre. DFT calculations on 3 are in good agreement with experimental data and confirm the SOMO as the dx2−y2 orbital localised on vanadium

Evaluation of PGR properties of TRIMAX in cotton

Pesticides comprise a large portion of production inputs in cotton. Reducing or enhancing their efficacy presents an avenue to increase profit. Pesticides containing both insecticidal and growth enhancing properties may be a viable option to increased profitability. In cotton (Gossypium hirsutum L.), early season applications of some insecticides have shown effects similar to those of plant growth regulators (PGRs). TRIMAX?? (imidacloprid) is one of these purported PGR insecticides. TRIMAX?? and Centric?? 40WG (thiamethoxam), both nitroguanidine insecticides, have properties that may exhibit PGR activity. A two - year field study was conducted at the Texas A&M Agricultural Experiment Station in Burleson County, Texas to assess the physiological effects of Centric?? 40WG and TRIMAX?? on cotton. The statistical design consisted of a randomized complete block with four replications. Treatments consisted of each insecticide being applied one, two, and three times at the 5- leaf stage, 5- leaf stage plus 10 days after initial treatment (DAIT), and 5-leaf stage plus 10 DAIT plus 20 DAIT. Rates consisted of TRIMAX?? and Centric?? 40WG being applied at 0.020 and 0.017 L/ha, respectively. Data was collected for plant height, total number of nodes, biomass partitioning, photosynthetic rate, midseason plant mapping, end of season box- mapping, yield, and fiber quality analysis. No significant differences in lint yield were observed among any of the insecticide PGR treatments. There was a general trend for numeric decreases in lint yield with each additional insecticide application for both chemistries, with the exception of TRIMAX?? at three applications in 2004. No significant differences were detected in any of the growth parameters that were measured (height, total nodes, biomass partitioning, and leaf area). Numerical differences resulted in trends, but rate responses did not follow any logical pattern. Numerous trends and rate responses were also observed in the Absolute and Relative Growth Rates, and photosynthetic rates, but no significant differences were evident. In general, as more insecticide was applied, the photosynthetic rates decreased along with lint yield. Based on the parameters investigated during the course of this two-year study, there is no conclusive evidence that supports TRIMAX?? or Centric?? 40WG as being growth and or yield enhancers in cotton

Erosive Tooth Wear Among Children in the United States: Relationship to Race/Ethnicity and Obesity

Objective.  The study aims were to estimate the prevalence of erosive tooth wear (ETW) in children and to specifically examine its association with race/ethnicity and obesity in the United States. Design.  We analysed data from the National Health and Nutrition Examination Survey (NHANES), 2003–2004. ETW was measured using the modified Smith and Knight Tooth Wear Index derived from the 1998 United Kingdom Adult Health Survey. Results.  This study shows that 45.9% of children aged 13–19 years had evidence of ETW in at least one tooth. The prevalence of ETW was bilaterally symmetrical in all teeth examined and was most prevalent in maxillary teeth. Females had significantly lower rates of ETW of any tooth compared to males. African Americans had significantly lower rates of ETW (except in the canines), and Hispanics had similar rates compared to whites. Compared to ‘healthy weight’ children, those ‘at risk for overweight’ had lower rates of ETW and the ‘overweight’ groups had higher rates, but results were not significant. Conclusions.  Substantial proportions of children in the US are affected by ETW. Compared to whites, African American children had significantly lower rates of ETW. Although not significant, ‘overweight’ (obese) children had increased odds of having ETW and those at ‘risk for overweight’ had lower odds compared to ‘healthy weight’ children

Science with an ngVLA: Observing the Effects of Chemistry on Exoplanets and Planet Formation

One of the primary mechanisms for inferring the dynamical history of planets in our Solar System and in exoplanetary systems is through observation of elemental ratios (i.e. C/O). The ability to effectively use these observations relies critically on a robust understanding of the chemistry and evolutionary history of the observed abundances. Significant efforts have been devoted to this area from within astrochemistry circles, and these efforts should be supported going forward by the larger exoplanetary science community. In addition, the construction of a next-generation radio interferometer will be required to test many of these predictive models in situ, while simultaneously providing the resolution necessary to pinpoint the location of planets in formation.Comment: To be published in the ASP Monograph Series, "Science with a Next-Generation VLA", ed. E. J. Murphy (ASP, San Francisco, CA

Long term CMR follow up of patients with right ventricular abnormality and clinically suspected arrhythmogenic right ventricular cardiomyopathy (ARVC)

Background: The Task Force Criteria (TFC) for arrhythmogenic right ventricular cardiomyopathy (ARVC) was updated in 2010 to improve specificity. There was concern however that the revised cardiovascular magnetic resonance (CMR) criteria was too restrictive and not sensitive enough to detect early forms of the condition. We previously described patients with clinically suspected ARVC who satisfied criteria from non-imaging TFC categories and fulfilled parameters from the original but not the revised CMR criteria; as a result, these patients were not confirmed as definite ARVC but may represent an early phenotype. Methods: Patients scanned between 2008 and 2015 who had either right ventricular (RV) dilatation or regional dyskinesia satisfying at least minor imaging parameters from the original criteria and without contra-indication underwent serial CMR scanning using a 1.5 T scanner. The aims were to assess the risk of progressive RV abnormalities, evaluate the accuracy of the revised CMR criteria and the need for guideline directed CMR surveillance in at-risk individuals. Results: Overall, 48 patients were re-scanned; 24 had a first-degree relative diagnosed with ARVC using the revised TFC or a first-degree relative with premature sudden death from suspected ARVC and 24 patients had either left bundle branch morphology ventricular tachycardia or > 500 ventricular extra-systoles in 24-h. Mean follow up was 69+/- 25 months. The indexed RV end-diastolic, end-systolic volumes and ejection fraction were calculated for both scans. There was significant reduction in RV volumes and improvement in RV ejection fraction (EF) irrespective of changes to body surface area; - 11.7+/- 15.2 mls/m2, - 6.4+/- 10.5 mls/m2 and + 3.3 +/- 7.9% (p = 0.01, 0.01 and 0.04). Applying the RV parameters to the revised CMR criteria, two patients from the family history group (one with confirmed ARVC and one with a premature death) had progressive RV abnormalities satisfying major criteria. The remaining patients (n = 46) did not satisfy the criteria and either had normal RV parameters with regression of structural abnormalities (27,56.3%) or stable abnormalities (19,43.7%). Conclusion: The revised CMR criteria represents a robust tool in the evaluation of patients with clinical suspicion of ARVC, especially for those with ventricular arrhythmias without a family history for ARVC. For patients with RV abnormalities that do not fulfill the revised criteria but have a family history of ARVC or an ARVC associated gene mutation, a surveillance CMR scan should be considered as part of the clinical follow up protocol

Tracer-based assessment of flow paths, storage and runoff generation in northern catchments : a review

Peer reviewedPostprin

CSO and CARMA Observations of L1157. I. A Deep Search for Hydroxylamine (NH2_2OH)

A deep search for the potential glycine precursor hydroxylamine (NH$_2$OH) using the Caltech Submillimeter Observatory (CSO) at $\lambda = 1.3$ mm and the Combined Array for Research in Millimeter-wave Astronomy (CARMA) at $\lambda = 3$ mm is presented toward the molecular outflow L1157, targeting the B1 and B2 shocked regions. We report non-detections of NH$_2$OH in both sources. We a perform non-LTE analysis of CH$_3$OH observed in our CSO spectra to derive kinetic temperatures and densities in the shocked regions. Using these parameters, we derive upper limit column densities of NH$_2$OH of $\leq1.4 \times 10^{13}$~cm$^{-2}$ and $\leq1.5 \times 10^{13}$~cm$^{-2}$ toward the B1 and B2 shocks, respectively, and upper limit relative abundances of $N_{NH_2OH}/N_{H_2} \leq1.4 \times 10^{-8}$ and $\leq1.5 \times 10^{-8}$, respectively.Comment: Accepted in the Astrophysical Journa