Recent Cases

Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice James S. Hutchinson attorney-client privilege, the predominance test, legal activities In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege... - - - - - - - - - - - - - - - - - - - - Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant\u27s Prior Grand Jury Testimony Against Defendants Does Not Violate Confrontation Guarantee Despite Lack of Cross-Examination James Robert Newson III Although the trend in the law of evidence is toward greater admissibility of hearsay, the sixth amendment confrontation clause presents a countervailing consideration in the criminal law. - - - - - - - - - - - - - - - - - - Constitutional Law-Equal Protection-- Federal Statutes Differentiating Between Sentence Credit for Probation and Parole Time Satisfy Rational Basis Test Andrew W. Byrd Since its decision in Bolling v. Sharpe, which invalidated racial segregation in the public schools of the District of Columbia, the Supreme Court has utilized the due process clause of the fifth amendment to prohibit arbitrary discrimination by the federal government in much the same manner that it has employed the fourteenth amendment to limit similar state action.\u27 Through the 1950\u27sand 1960\u27s equal protection cases challenging both state and federal action fell within two distinct analytical categories-those subjected to a rational basis test and those required to withstand strict scrutiny. - - - - - - - - - - - - - - - - - - Labor Law-Taft-Hartley Section 301- Union May Be Liable for Sympathy Strike Damages When It Has Failed To Use Reasonable Care To Prevent Spread of Wildcat Strike Judith Miller Janssen Citing the national policy of promoting peaceful settlement of labor disputes and avoiding the violence resulting from wildcat strikes in the coal mining industry, the court found that the international union had a duty to prevent the spread of wildcat strikes of the sort that caused the work stoppage at plaintiff\u27s two mines. The court distinguished, however, between the liability of the inter-national union and that of the subdivisions of the union on the basis of ability to control both the underlying and sympathy strikers. - - - - - - - - - - - - - - - - - - - Uniform Commercial Code--Secured Transactions-- Article Nine Does Not Permit Unsecured Claims To Achieve Secured and Perfected Status by a Post-Bankruptcy Assignment to a Senior Secured Creditor John Eric Tavss The instant court\u27s refusal to sanction floating secured parties demonstrates the unwillingness of courts to expand permissible floating arrangements beyond those clearly allowed by the Code.This case further illustrates the struggle that courts face when confronted with the competing principles of floating arrangements, the notice requirements of the Code, and the Bankruptcy Act

Artificial drainage of peatlands: hydrological and hydrochemical process and wetland restoration

Peatlands have been subject to artificial drainage for centuries. This drainage has been in response to agricultural demand, forestry, horticultural and energy properties of peat and alleviation of flood risk. However, the are several environmental problems associated with drainage of peatlands. This paper describes the nature of these problems and examines the evidence for changes in hydrological and hydrochemical processes associated with these changes. Traditional black-box water balance approaches demonstrate little about wetland dynamics and therefore the science of catchment response to peat drainage is poorly understood. It is crucial that a more process-based approach be adopted within peatland ecosystems. The environmental problems associated with peat drainage have led, in part, to a recent reversal in attitudes to peatlands and we have seen a move towards wetland restoration. However, a detailed understanding of hydrological, hydrochemical and ecological process-interactions will be fundamental if we are to adequately restore degraded peatlands, preserve those that are still intact and understand the impacts of such management actions at the catchment scale

Frequent use of paracetamol and risk of allergic disease among women in an Ethiopian population

Introduction The hypothesis that paracetamol might increase the risk of asthma and other allergic diseases have gained support from a range of independent studies. However, in studies based in developed countries, the possibility that paracetamol and asthma are associated through aspirin avoidance is difficult to exclude. Objectives To explore this hypothesis among women in a developing country, where we have previously reported aspirin avoidance to be rare. Methods In 2005/6 a population based cohort of 1065 pregnant women was established in Butajira, Ethiopia and baseline demographic data collected. At 3 years post birth, an interview-based questionnaire administered to 945 (94%) of these women collected data on asthma, eczema, and hay fever in the past 12 month, frequency of paracetamol use and potential confounders. Allergen skin tests to Dermatophagoides pteronyssinus and cockroach were also performed. The independent effects of paracetamol use on allergic outcomes were determined using multiple logistic regression analysis. Findings The prevalence of asthma, eczema and hay fever was 1.7%, 0.9% and 3.8% respectively; of any one of these conditions 5.5%, and of allergen sensitization 7.8%. Paracetamol use in the past month was reported by 29%, and associations of borderline significance were seen for eczema (adjusted OR (95% CI) = 8.51 (1.68 to 43.19) for 1–3 tablets and 2.19 (0.36 to 13.38) for ≥4 tablets, compared to no tablets in the past month; overall p = 0.055) and for ‘any allergic condition’ (adjusted OR (95% CI) = 2.73 (1.22 to 6.11) for 1–3 tablets and 1.35 (0.67 to 2.70) for ≥4 tablets compared to 0 in the past month; overall p = 0.071). Conclusions This study provides further cross-sectional evidence that paracetamol use increases the risk of allergic disease

How to Educate Entrepreneurs?

Entrepreneurship education has two purposes: To improve students’ entrepreneurial skills and to provide impetus to those suited to entrepreneurship while discouraging the rest. While entrepreneurship education helps students to make a vocational decision its effects may conflict for those not suited to entrepreneurship. This study shows that vocational and the skill formation effects of entrepreneurship education can be identified empirically by drawing on the Theory of Planned Behavior. This is embedded in a structural equation model which we estimate and test using a robust 2SLS estimator. We find that the attitudinal factors posited by the Theory of Planned Behavior are positively correlated with students’ entrepreneurial intentions. While conflicting effects of vocational and skill directed course content are observed in some individuals, overall these types of content are complements. This finding contradicts previous results in the literature. We reconcile the conflicting findings and discuss implications for the design of entrepreneurship courses

The acceptability and feasibility of a novel peer-led schoolbased physical activity intervention for adolescent girls: The girls' peer activity (G-PACT) project

Meeting abstract presented at 7th International Society for Physical Activity and Health Congress, London, England, 15-17 October, 2018.Introduction: This study assessed the feasibility and acceptability of a novel peer-led physical activity (PA) intervention for adolescent girls aged 13-14 years. Methods: The intervention employed a three-tier peer-led model under- pinned by Social Cognitive Theory (SCT) and Self-Determination Theory (SDT). The 8-week intervention was delivered in three schools and involved 233 participants. Each school recruited 12-16 girls to become PA-leaders, who received leadership training delivered by undergraduate PA students, who subsequently acted as their intervention mentors and role models. The PA-leaders were encouraged to support their school peers to engage in more PA. Two of the schools provided organised after- school PA opportunities which the PA-leaders actively promoted. The acceptability, practicality, engagement, and perceived success of the intervention was investigated using focus groups and interviews. Qualitative analysis adopted deductive and inductive methods, using SCT and SDT as thematic frameworks, and then exploring additional emergent themes. Results: The intervention was perceived as feasible and acceptable between mentors (n = 6) and leaders (n = 47). However, the relationship between leaders and their peers (n = 196) suggested uncertainty in delivery and engagement Disparity was reported from the peers in how much and what information was conveyed to them by their PA-leaders. Conclusions: This intervention was reported to be feasible and acceptable among mentors and PA-leaders. Teachers were supportive of the intervention and the intervention demonstrates innovation incorporating undergraduate students as mentors and role models to adolescent girls. Further research is needed to clarify the roles and responsibilities for the PA-leaders.External funding details: This research was funded by Edge Hill University

Characterisation of leukocytes in a human skin blister model of acute inflammation and resolution.

There is an increasing need to understand the leukocytes and soluble mediators that drive acute inflammation and bring about its resolution in humans. We therefore carried out an extensive characterisation of the cantharidin skin blister model in healthy male volunteers. A novel fluorescence staining protocol was designed and implemented, which facilitated the identification of cell populations by flow cytometry. We observed that at the onset phase, 24 h after blister formation, the predominant cells were CD16hi/CD66b+ PMNs followed by HLA-DR+/CD14+ monocytes/macrophages, CD11c+ and CD141+ dendritic cells as well as Siglec-8+ eosinophils. CD3+ T cells, CD19+ B cells and CD56+ NK cells were also present, but in comparatively fewer numbers. During resolution, 72 h following blister induction, numbers of PMNs declined whilst the numbers of monocyte/macrophages remain unchanged, though they upregulated expression of CD16 and CD163. In contrast, the overall numbers of dendritic cells and Siglec-8+ eosinophils increased. Post hoc analysis of these data revealed that of the inflammatory cytokines measured, TNF-α but not IL-1β or IL-8 correlated with increased PMN numbers at the onset. Volunteers with the greatest PMN infiltration at onset displayed the fastest clearance rates for these cells at resolution. Collectively, these data provide insight into the cells that occupy acute resolving blister in humans, the soluble mediators that may control their influx as well as the phenotype of mononuclear phagocytes that predominate the resolution phase. Further use of this model will improve our understanding of the evolution and resolution of inflammation in humans, how defects in these over-lapping pathways may contribute to the variability in disease longevity/chronicity, and lends itself to the screen of putative anti-inflammatory or pro-resolution therapies

Intrinsic response time of graphene photodetectors

Graphene-based photodetectors are promising new devices for high-speed optoelectronic applications. However, despite recent efforts, it is not clear what determines the ultimate speed limit of these devices. Here, we present measurements of the intrinsic response time of metal-graphene-metal photodetectors with monolayer graphene using an optical correlation technique with ultrashort laser pulses. We obtain a response time of 2.1 ps that is mainly given by the short lifetime of the photogenerated carriers. This time translates into a bandwidth of ~262 GHz. Moreover, we investigate the dependence of the response time on gate voltage and illumination laser power

Helen Chadwick’s ‘Composite Images’

This article traces the considerations of British artist Helen Chadwick (1953–1996) regarding ‘composite images’ and the potential liberation they opened up in the gap between image and form, surface and spectator. These will be discussed as the author follows two apparently contrasting trajectories of her thought; while her considerations of the image, and her own image-making, tend increasingly towards ‘pure surface’, her ambitions for spectatorial positioning and agency increase. In parallel, while the epistemological underpinnings of her thinking become increasingly complex and dynamic, the role of (self)portraiture in her work moves away from the portrayal of her own, and later the recognisably human, body. These trajectories can be mapped (roughly) onto particular projects, beginning with Ego Geometria Sum (1982–1984), developing through Of Mutability (1984–1986) where she first used the photocopier to produce ‘automatic images’ and into her light-based installations, such as Blood Hyphen (1988)

Reliability of orthostatic beat-to-beat blood pressure tests: implications for population and clinical studies

Objective: To assess the test–retest reliability of orthostatic beat-to-beat blood pressure responses to active standing and related clinical definitions of orthostatic hypotension. Methods: A random sample of community-dwelling older adults from the pan-European Survey of Health, Ageing and Retirement in Europe, Ireland underwent a health assessment that mimicked that of the Irish Longitudinal Study on Ageing. An active stand test was performed using continuous blood pressure measurements. Participants attended a repeat assessment 4–12 weeks after the initial measurement. A mixed-effects regression model estimated the reliability and minimum detectable change while controlling for fixed observer and time of day effects. Results: A total of 125 individuals underwent repeat assessment (mean age 66.2 ± 7.5 years; 55.6% female). Mean time between visits was 84.3 ± 23.3 days. There was no significant mean difference in heart rate or blood pressure recovery variables between the first and repeat assessments. Minimum detectable change was noted for changes from resting values in systolic blood pressure (26.4 mmHg) and diastolic blood pressure (13.7 mmHg) at 110 s and for changes in heart rate (10.9 bpm) from resting values at 30 s after standing. Intra-class correlation values ranged from 0.47 for nadir values to 0.80 for heart rate and systolic blood pressure values measured 110 s after standing. Conclusion: Continuous orthostatic beat-to-beat blood pressure and related clinical definitions show low to moderate reliability and substantial natural variation over a 4–12-week period. Understanding variation in measures is essential for study design or estimating the effects of orthostatic hypotension, while clinically it can be used when evaluating longer term treatment effects