Attorney Malpractice Liability to Non-Clients in Washington: Is the New Modified Multi-Factor Balancing Test an Improvement?

Most jurisdictions recognize a cause of action for legal malpractice against a non-client only where the attorney-client relationship is formed to benefit a third-party nonclient. This rule generally operates to preclude an attorney\u27s potential liability to a client\u27s adversary. Washington departed from the majority in 1992 in Bohn v. Cody, where the Washington Supreme Court found that an attorney did owe a duty to his client\u27s adversary. Two years later, in Trask v. Butler, the supreme court modified Bohn\u27s test for determining attorney malpractice liability to third parties to conform Washington\u27s law with the majority of jurisdictions. This Comment suggests that the modified test improves the standard for attorney liability by restricting the cause of action to exclude non-clients in an adversarial position to the attorney\u27s client. However, it criticizes the application of the test for its overinclusive, arbitrary, and impractical approach to the issue. The Comment argues that the test should analyze the intent of the attorney-client relationship factually, rather than as a matter of law, and should limit its threshold inquiry to whether there was an intent to benefit the nonclient

The holy blood and the holy grail: Myths of scientific racism and the pursuit of excellence in sport

Despite the continuing publication of research that suggests there is no scientific basis to 'race' as a biological category, theories of racial difference continue to be invoked within sport to explain the perceived dominance of black athletes. In the case of John Entine's controversial 'Taboo: why black athletes dominate sports and why we are afraid to talk about it' or undergraduate textbooks that suggest 'racial differences' in physique may significantly affect athletic performance, scientific racism is normalised in sport. In this article, the relationship between scientific racism and sport will be examined. Qualitative research with current sport scientists is used to investigate the socio-ethical tensions within the subject field of sport science between professionalism, scientism and the demand from external interests to produce results that help people in sport win medals. It will be shown that these tensions, combined with the history of race as a category in sport science, combine to create the discourse of scientific knowledge that reflects, rather than challenges, folk genetics of black athletic physicality

The balance of power: accretion and feedback in stellar mass black holes

In this review we discuss the population of stellar-mass black holes in our galaxy and beyond, which are the extreme endpoints of massive star evolution. In particular we focus on how we can attempt to balance the available accretion energy with feedback to the environment via radiation, jets and winds, considering also possible contributions to the energy balance from black hole spin and advection. We review quantitatively the methods which are used to estimate these quantities, regardless of the details of the astrophysics close to the black hole. Once these methods have been outlined, we work through an outburst of a black hole X-ray binary system, estimating the flow of mass and energy through the different accretion rates and states. While we focus on feedback from stellar mass black holes in X-ray binary systems, we also consider the applicability of what we have learned to supermassive black holes in active galactic nuclei. As an important control sample we also review the coupling between accretion and feedback in neutron stars, and show that it is very similar to that observed in black holes, which strongly constrains how much of the astrophysics of feedback can be unique to black holes.Comment: To be published in Haardt et al. Astrophysical Black Holes. Lecture Notes in Physics. Springer 201

Specific loss of CatSper function is sufficient to compromise fertilizing capacity of human spermatozoa

STUDY QUESTION Are significant abnormalities of CatSper function present in IVF patients with normal sperm concentration and motility and if so what is their functional significance for fertilization success?SUMMARY ANSWER Sperm with a near absence of CatSper current failed to respond to activation of CatSper by progesterone and there was fertilization failure at IVF.WHAT IS KNOWN ALREADY In human spermatozoa, Ca2+ influx induced by progesterone is mediated by CatSper, a sperm-specific Ca2+ channel. A suboptimal Ca2+ influx is significantly associated with, and more prevalent in, men with abnormal semen parameters, and is associated with reduced fertilizing capacity. However, abnormalities in CatSper current can only be assessed directly using electrophysiology. There is only one report of a CatSper-deficient man who showed no progesterone potentiated CatSper current. A CatSper 2 genetic abnormality was present but there was no information on the [Ca2+]i response to CatSper activation by progesterone. Additionally, the semen samples had indicating significant abnormalities (oligoasthenoteratozoospermia) multiple suboptimal functional responses in the spermatozoon. As such it cannot be concluded that impaired CatSper function alone causes infertility or that CatSper blockade is a potential safe target for contraception.STUDY DESIGN, SIZE, DURATION Spermatozoa were obtained from donors and subfertile IVF patients attending a hospital assisted reproductive techniques clinic between January 2013 and December 2014. In total 134 IVF patients, 28 normozoospermic donors and 10 patients recalled due to a history of failed/low fertilization at IVF took part in the study.PARTICIPANTS/MATERIALS, SETTING, METHODS Samples were primarily screened using the Ca2+ influx induced by progesterone and, if cell number was sufficient, samples were also assessed by hyperactivation and penetration into viscous media. A defective Ca2+ response to progesterone was defined using the 99% confidence interval from the distribution of response amplitudes in normozoospermic donors. Samples showing a defective Ca2+ response were further examined in order to characterize the potential CatSper abnormalities. In men where there was a consistent and robust failure of calcium signalling, a direct assessment of CatSper function was performed using electrophysiology (patch clamping), and a blood sample was obtained for genetic analysis.MAIN RESULTS AND THE ROLE OF CHANCE A total of 101/102 (99%) IVF patients and 22/23 (96%) donors exhibited a normal Ca2+ response. The mean (±SD) normalized peak response did not differ between donors and IVF patients (2.57 ± 0.68 [n = 34 ejaculates from 23 different donors] versus 2.66 ± 0.68 [n = 102 IVF patients], P = 0.63). In recall patients, 9/10 (90%) showed a normal Ca2+ response. Three men were initially identified with a defective Ca2+ influx. However, only one (Patient 1) had a defective response in repeat semen samples. Electrophysiology experiments on sperm from Patient 1 showed a near absence of CatSper current and exon screening demonstrated no mutations in the coding regions of the CatSper complex. There was no increase in penetration of viscous media when the spermatozoa were stimulated with progesterone and importantly there was failed fertilization at IVF.LIMITATIONS, REASONS FOR CAUTION A key limitation relates to working with a specific functional parameter (Ca2+ influx induced by progesterone) in fresh sperm samples from donors and patients that have limited viability. Therefore, for practical, technical and logistical reasons, some men (∼22% of IVF patients) could not be screened. As such the incidence of significant Ca2+ abnormalities induced by progesterone may be higher than the ∼1% observed here. Additionally, we used a strict definition of a defective Ca2+ influx such that only substantial abnormalities were selected for further study. Furthermore, electrophysiology was only performed on one patient with a robust and repeatable defective calcium response. This man had negligible CatSper current but more subtle abnormalities (e.g. currents present but significantly smaller) may have been present in men with either normal or below normal Ca2+ influx.WIDER IMPLICATIONS OF THE FINDINGS These data add significantly to the understanding of the role of CatSper in human sperm function and its impact on male fertility. Remarkably, these findings provide the first direct evidence that CatSper is a suitable and specific target for human male contraception

Thromboelastography in mild, chronic liver disease: challenging conventional coagulation tests preceding liver biopsy

Patients presenting for liver biopsy may have a deficiency of the synthetic function of the liver. They commonly undergo testing of their INR, which is used to decide if there may be a bleeding risk and if that needs to be mitigated by the administration of clotting factors. This study aimed to observe the coagulation profile of these patients via a thromboelastogram (TEG), and to search for a relationship between the traditionally used INR and the R-time of the TEG.A prospective observational pilot study was conducted over a seven-month period. An FBC, INR and kaolin activated thromboelastogram were performed on each patient. Spearman’s correlation coefficient was used to determine the relationship between the INR and the R-time of the TEG.The TEG was performed on 28 participants. Two were excluded from analysis as they had received Vitamin K. Twenty-three patients (88%) had abnormal liver function tests. Drug or toxins were responsible for liver injury in 15 (58%) participants. Twenty-two (85%) had normal platelet counts. Three (12%) were found to be hypocoagulable, four (15%) were hypercoagulable, and the remaining 19 (73%) had normal thromboelastography. The three (12%) participants who were hypocoagulable had a normal platelet count. No association was found between INR and the R-time of TEG (Spearman’s rho −0.20, p = 0.34). In the two participants (8%) with a raised INR (1.26 and 1.7 respectively), the TEG suggested a normal or hypercoagulable status.This study revealed that most patients with mild, chronic liver disease presenting for liver biopsy have a normal TEG. There was no association between INR and the R-time of the TEG. This suggests that INR may not be a reliable test of coagulation status in these patients with mild chronic liver disease, which is contrary to the traditional practice of using INR to infer coagulation status. Further larger studies looking specifically at patients with drug and toxin induced liver injury are warranted.Keywords: international normalised ratio, liver biopsy, liver disease, thromboelastography, viscoelastic coagulation testin

News from the Muon (g-2) Experiment at BNL

The magnetic moment anomaly a_mu = (g_mu - 2) / 2 of the positive muon has been measured at the Brookhaven Alternating Gradient Synchrotron with an uncertainty of 0.7 ppm. The new result, based on data taken in 2000, agrees well with previous measurements. Standard Model evaluations currently differ from the experimental result by 1.6 to 3.0 standard deviations.Comment: Talk presented at RADCOR - Loops and Legs 2002, Kloster Banz, Germany, September 8-13 2002, to be published in Nuclear Physics B (Proc. Suppl.); 5 pages, 3 figure

Weak Localization Effect in Superconductors by Radiation Damage

Large reductions of the superconducting transition temperature $T_{c}$ and the accompanying loss of the thermal electrical resistivity (electron-phonon interaction) due to radiation damage have been observed for several A15 compounds, Chevrel phase and Ternary superconductors, and $\rm{NbSe_{2}}$ in the high fluence regime. We examine these behaviors based on the recent theory of weak localization effect in superconductors. We find a good fitting to the experimental data. In particular, weak localization correction to the phonon-mediated interaction is derived from the density correlation function. It is shown that weak localization has a strong influence on both the phonon-mediated interaction and the electron-phonon interaction, which leads to the universal correlation of $T_{c}$ and resistance ratio.Comment: 16 pages plus 3 figures, revtex, 76 references, For more information, Plesse see http://www.fen.bilkent.edu.tr/~yjki

Measurement of the atmospheric neutrino-induced upgoing muon flux using MACRO

We present a measurement of the flux of neutrino-induced upgoing muons (~100 GeV) using the MACRO detector. The ratio of the number of observed to expected events integrated over all zenith angles is 0.74 +/- 0.036 (stat) +/- 0.046(systematic) +/- 0.13 (theoretical). The observed zenith distribution for -1.0 < cos(theta) < -0.1 does not fit well with the no oscillation expectation, giving a maximum probability for chi^2 of 0.1%. The acceptance of the detector has been extensively studied using downgoing muons, independent analyses and Monte-Carlo simulations. The other systematic uncertainties cannot be the source of the discrepancies between the data and expectations. We have investigated whether the observed number of events and the shape of the zenith distribution can be explained by a neutrino oscillation hypothesis. Fitting either the flux or zenith distribution independently yields mixing parameters of sin^2 (2theta)=1.0 and delta m^2 of a few times 10^-3 eV^2. However, the observed zenith distribution does not fit well with any expectations giving a maximum probability for chi^2 of 5% for the best oscillation hypothesis, and the combined probability for the shape and number of events is 17%. We conclude that these data favor a neutrino oscillation hypothesis, but with unexplained structure in the zenith distribution not easily explained by either the statistics or systematics of the experiment.Comment: 7 pages (two-column) with 4 figure