Too Many Motions for Vacatur of Commercial Arbitration Awards - The Eleventh Circuit Sanctions Unwary Litigants

In B.L. Harbert Int\u27l. v. Hercules Steel Co., the Eleventh Circuit Court of Appeals seemed angered by what they deemed to be another frivolous appeal of a commercial arbitration award. Upon this provocation, the court warned litigants that future baseless appeals would be met with sanctions. By making sanctions a real threat, the court has attempted to promote some goals of arbitration, including finality, but any benefits derived may be offset by the increased confusion the holding has created. Further, the court\u27s mandate represents a divergence from Eleventh Circuit precedent, as past decisions indicated a willingness to hear new arguments and new theories. The court\u27s holding will not cap the number of claims for vacatur as litigants with legitimate claims will merely modify their arguments to accommodate the new standard

A Survey of Mental Health Care Delivery to Youth in the California Juvenile Justice System

From April through September, 2003, NCCD contacted 51 California county probation departments and 35 mental health departments to assess how each county's probationdepartment identifies, assesses, and provides care to youth with mental health issues. This is a preliminary report

Low-Value &(and) Predictably Small: When Should Class-Arbitration Waivers be Invalidated as Unconscionable

In Muhammad v. County Bank of Rehoboth Beach, the New Jersey Supreme Court chose the interests of consumers over liberally construed Federal Arbitration Act (FAA) policies in deciding that a no class-arbitration provision contained within a payday loan contract was unconscionable. The court used state law contract principles to invalidate the clause, finding that the clause violated several state public policies. Particularly important to the court was the fact that individual claims for damages would be nominal, and thus individual vindication of statutory rights would prove too costly to be practical. In making this distinction, the court suggested a preference for protecting individuals who have entered into contracts of adhesion with little or no chance of protecting themselves outside of the availability of the class mechanism. The court\u27s decision may serve as a guidepost for other jurisdictions attempting to shape the law in the undefined arena of class-arbitration waivers. The court signals that freedom to contract under the FAA is important, but not at the expense of protecting individual claimants and the statutory rights of consumers

The School Improvement Partnership Programme: Sustaining Collaboration and Enquiry to Tackle Educational Inequity

No abstract available

Experimental tests of an electro-anatomical model of the rat's cochlea

Thesis (M. Eng.)--Massachusetts Institute of Technology, Dept. of Electrical Engineering and Computer Science, 1995.Includes bibliographical references (leaf 56).by Christopher Warren McKinney.M.Eng

Total lightning observations of severe convection over North Texas

Five severe convective cells over North Texas from three separate dates were examined to determine what three dimensional, or “total” lightning data can add to the understanding of a convective cell’s intensity, propagation, and severe weather potential. Total lightning data were obtained from Vaisala Inc.’s Dallas/Fort Worth (D/FW) Lightning Detection and Ranging (LDAR) network. Radar data from two Weather Surveillance Radar – 1988 Doppler (WSR-88D) sites were used for position data and information regarding the intensity and kinematic properties of each cell. Total lightning products used by the National Weather Service Forecast Office in Fort Worth, Texas were compared to total lightning flash rate; a quantity that has been shown to be correlated to changes in cell intensity inferred from other sources, such as radar and satellite data. These products, specifically flash extent density (FED) were also compared to CG flash rate and radar derived measures from the WSR-88D sites. The results of this work show that FED and total flash rate are well correlated, with an average Pearson correlation value of 0.73, indicating that previous total flash rate results may also apply to FED. Lightning hooks, holes, and notches in FED displays indicated likely updraft regions, while appendages were observed to develop prior to deviant motion with two supercells. These results, combined with a greater update frequency provided a useful complement to radar data in the warning decision process. FED jumps were observed prior to several severe weather reports, indicating that total lightning activity may be related to updraft strength as found in past studies. However, FED jumps were sometimes observed without any associated severe event. More work is clearly needed to define what FED changes are of most importance in the short-term prediction of storm severity. The usefulness of the total lightning data on these dates was dependant upon LDAR network status and distance of the cell from the network center. The results of this study suggest that combining total flash rate trends with visual displays of FED provides the greatest added benefit to forecasters in maintaining situational awareness during warning operations

Transcriptomes of parents identify parenting strategies and sexual conflict in a subsocial beetle

This work was funded by UK NERC grants to M.G.R. and A.J.M. an NERC studentship to D.J.P. the University of Georgia and a US NSF grant to A.J.M. and M.G.R.Parenting in the burying beetle Nicrophorus vespilloides is complex and, unusually, the sex and number of parents that can be present is flexible. Such flexibility is expected to involve specialized behaviour by the two sexes under biparental conditions. Here, we show that offspring fare equally well regardless of the sex or number of parents present. Comparing transcriptomes, we find a largely overlapping set of differentially expressed genes in both uniparental and biparental females and in uniparental males including vitellogenin, associated with reproduction, and takeout, influencing sex-specific mating and feeding behaviour. Gene expression in biparental males is similar to that in non-caring states. Thus, being ‘biparental’ in N. vespilloides describes the family social organization rather than the number of directly parenting individuals. There was no specialization; instead, in biparental families, direct male parental care appears to be limited with female behaviour unchanged. This should lead to strong sexual conflict.Publisher PDFPeer reviewe

The Metal Ion Requirements of \u3cem\u3eArabidopsis thaliana\u3c/em\u3e Glx2-2 for Catalytic Activity

In an effort to better understand the structure, metal content, the nature of the metal centers, and enzyme activity of Arabidopsis thaliana Glx2-2, the enzyme was overexpressed, purified, and characterized using metal analyses, kinetics, and UV–vis, EPR, and 1H NMR spectroscopies. Glx2-2-containing fractions that were purple, yellow, or colorless were separated during purification, and the differently colored fractions were found to contain different amounts of Fe and Zn(II). Spectroscopic analyses of the discrete fractions provided evidence for Fe(II), Fe(III), Fe(III)–Zn(II), and antiferromagnetically coupled Fe(II)–Fe(III) centers distributed among the discrete Glx2-2-containing fractions. The individual steady-state kinetic constants varied among the fractionated species, depending on the number and type of metal ion present. Intriguingly, however, the catalytic efficiency constant, k cat/K m, was invariant among the fractions. The value of k cat/K m governs the catalytic rate at low, physiological substrate concentrations. We suggest that the independence of k cat/K m on the precise makeup of the active-site metal center is evolutionarily related to the lack of selectivity for either Fe versus Zn(II) or Fe(II) versus Fe(III), in one or more metal binding sites

Human Glyoxalase II Contains an Fe(II)Zn(II) Center but Is Active as a Mononuclear Zn(II) Enzyme

Human glyoxalase II (Glx2) was overexpressed in rich medium and in minimal medium containing zinc, iron, or cobalt, and the resulting Glx2 analogues were characterized using metal analyses, steady-state and pre-steady-state kinetics, and NMR and EPR spectroscopies to determine the nature of the metal center in the enzyme. Recombinant human Glx2 tightly binds nearly 1 equiv each of Zn(II) and Fe. In contrast to previous reports, this study demonstrates that an analogue containing 2 equiv of Zn(II) cannot be prepared. EPR studies suggest that most of the iron in recombinant Glx2 is Fe(II). NMR studies show that Fe(II) binds to the consensus Zn2 site in Glx2 and that this site can also bind Co(II) and Ni(II), suggesting that Zn(II) binds to the consensus Zn1 site. The NMR studies also reveal the presence of a dinuclear Co(II) center in Co(II)-substituted Glx2. Steady-state and pre-steady-state kinetic studies show that Glx2 containing only 1 equiv of Zn(II) is catalytically active and that the metal ion in the consensus Zn2 site has little effect on catalytic activity. Taken together, these studies suggest that Glx2 contains a Fe(II)Zn(II) center in vivo but that the catalytic activity is due to Zn(II) in the Zn1 site