The Foreign Corrupt Practices Act: Problems of Extraterritorial Application

The Foreign Corrupt Practices Act of 1977, an amendment to the Securities and Exchange Act of 1934 (Exchange Act), criminalizes bribery of foreign officials and requires audit controls and accurate reporting of transactions by United States companies. By enacting the legislation, Congress condemned foreign bribery as distorting trade and investment, undermining public confidence in United States enterprise, and damaging foreign relations. The Securities and Exchange Commission (SEC) also opposed corporate bribery as a threat to managerial accountability to shareholders. President Carter, while signing the legislation, emphasized its basic policy considerations. The Act responded to increasing revelations concerning the widespread practice of United States corporations making improper payments to foreign nationals. These disclosures stemmed largely from Watergate investigations which uncovered illegal domestic political contributions. Subsequent investigations by the SEC revealed the existence of off-the-record corporate accounts of questionable domestic and foreign payments. A program was initiated by the SEC encouraging businesses to disclose voluntarily the existence of such payments. As a result, nearly five hundred firms have disclosed questionable payments of hundreds of millions of dollars. Corporate payoffs range from bribing high-ranking foreign officials to secure favorable foreign governmental action, to facilitating payments allegedly made to ensure that governmental functionaries discharge certain ministerial or clerical duties. Although intended as a strong antibribery measure, the Act has failed to eliminate overseas payoffs. The Act contains numerous loopholes due to exceptions and vagueness. Moreover, the SEC has indicated that as a matter of policy, it will not render interpretive advice on an ad hoc basis. More importantly, due to its extraterritorial application, the Act is difficult to enforce. Principles of international comity may be offended by prosecuting extra-territorial crimes. The act of state doctrine may preclude judicial inquiry into the facts and motivations underlying foreign state or official acts. Finally, constitutional questions of fairness and due process arise from burdens placed upon a defendant facing criminal penalties for foreign conduct. This note will examine specific provisions of the Foreign Corrupt Practices Act in light of its legislative history. Difficult questions of enforceability relating to principles of international comity, the act of state doctrine, and constitutional defenses will be investigated

Dynamics of flexible fibers in viscous flows and fluids

International audienceThe dynamics and deformations of immersed flexible fibers are at the heart of important industrial and biological processes, induce peculiar mechanical and transport properties in the fluids that contain them, and are the basis for novel methods of flow control. Here we focus on the low Reynolds number regime where advances in studying these fiber-fluid systems have been especially rapid. On the experimental side this is due to new methods of fiber synthesis, microfluidic flow control, and of microscope based tracking measurement techniques. Likewise, there have been continuous improvements in the specialized mathematical modeling and numerical methods needed to capture the interactions of slender flexible fibers with flows, boundaries, and each other

A Systematic Review of Genetic Testing and Lifestyle Behaviour Change: Are We Using High-Quality Genetic Interventions and Considering Behaviour Change Theory?

Background: Studying the impact of genetic testing interventions on lifestyle behaviour change has been a priority area of research in recent years. Substantial heterogeneity exists in the results and conclusions of this literature, which has yet to be explained using validated behaviour change theory and an assessment of the quality of genetic interventions. The theory of planned behaviour (TPB) helps to explain key contributors to behaviour change. It has been hypothesized that personalization could be added to this theory to help predict changes in health behaviours. Purpose: This systematic review provides a detailed, comprehensive identification, assessment, and summary of primary research articles pertaining to lifestyle behaviour change (nutrition, physical activity, sleep, and smoking) resulting from genetic testing interventions. The present review further aims to provide in-depth analyses of studies conducted to date within the context of the TPB and the quality of genetic interventions provided to participants while aiming to determine whether or not genetic testing facilitates changes in lifestyle habits. This review is timely in light of a recently published “call-to-action” paper, highlighting the need to incorporate the TPB into personalized healthcare behaviour change research. Methods: Three bibliographic databases, one key website, and article reference lists were searched for relevant primary research articles. The PRISMA Flow Diagram and PRISMA Checklist were used to guide the search strategy and manuscript preparation. Out of 32,783 titles retrieved, 26 studies met the inclusion criteria. Three quality assessments were conducted and included: (1) risk of bias, (2) quality of genetic interventions, and (3) consideration of theoretical underpinnings – primarily the TPB. Results: Risk of bias in studies was overall rated to be “fair.” Consideration of the TPB was “poor,” with no study making reference to this validated theory. While some studies (n = 11; 42%) made reference to other behaviour change theories, these theories were generally mentioned briefly, and were not thoroughly incorporated into the study design or analyses. The genetic interventions provided to participants were overall of “poor” quality. However, a separate analysis of studies using controlled intervention research methods demonstrated the use of higher-quality genetic interventions (overall rated to be “fair”). The provision of actionable recommendations informed by genetic testing was more likely to facilitate behaviour change than the provision of genetic information without actionable lifestyle recommendations. Several studies of good quality demonstrated changes in lifestyle habits arising from the provision of genetic interventions. The most promising lifestyle changes were changes in nutrition. Conclusions: It is possible to facilitate behaviour change using genetic testing as the catalyst. Future research should ensure that high-quality genetic interventions are provided to participants, and should consider validated theories such as the TPB in their study design and analyses. Further recommendations for future research are provided

Observações preliminares sobre a transmissão de oncocercose no rio Toototobi, Amazonas, Brasil

Em dezembro de 1975 os autores estudaram vários fatores que influenciam a transmissão de Onchocerca volvulus ao norte do Amazonas, no rio Toototobi. Observaram que a densidade de microfilarias de O. volvulus era maior no tronco do que nos membros de dois índios Yanomama examinados. Foram capturados três espécies antropófilas de Simuliidae, provisoriamente denominados Simulium sp. A, S.sp. B e S.sp. C. A primeira espécie foi coletada em grande número no começo da tarde, atacando o homem. O encontro de larvas salsichóides em espécimes naturalmente infetados e o sucesso da infecção experimental de espécimes selvagens com microfilarias de O. volvulus que desenvolveram até o final do estágio salsichóide, sugerem que o provável vetor de oncocercose nesta área é o Simulium sp. A.Preliminary studies on various factors influencing the transmission of onchocerciasis were made in December 1975 on the river Toototobi in northern Amazonas. Microfilariae of O. volvulus were more abundant in the trunk than in the limbs of two Yanomama indian volunteers. Three anthrophilic species of Simuliidae were captured and have been temporarily nemaed as Simulium sp.A., sp.B., sp.C. until a definitive identification is made. Only the former species was abundant biting mainly in the early afternoon. The finding of sausage larva in a naturally infected fly and the successful experimental infection of wild flies with microfilariae of O. volvulus, which subsequently developed to the late sausage stage, suggest that Simulium sp.A is a probable vector of onchocerciasis in the area

Photoactivatable genetically encoded calcium indicators for targeted neuronal imaging.

Circuit mapping requires knowledge of both structural and functional connectivity between cells. Although optical tools have been made to assess either the morphology and projections of neurons or their activity and functional connections, few probes integrate this information. We have generated a family of photoactivatable genetically encoded Ca(2+) indicators that combines attributes of high-contrast photolabeling with high-sensitivity Ca(2+) detection in a single-color protein sensor. We demonstrated in cultured neurons and in fruit fly and zebrafish larvae how single cells could be selected out of dense populations for visualization of morphology and high signal-to-noise measurements of activity, synaptic transmission and connectivity. Our design strategy is transferrable to other sensors based on circularly permutated GFP (cpGFP)

Experimental investigation of possible geomagnetic feedback from energetic (0.1 to 16 keV) terrestrial O(+) ions in the magnetotail current sheet

Data from energetic ion mass spectrometers on the ISEE 1 and AMPTE/CCE spacecraft are combined with geomagnetic and solar indices to investigate, in a statistical fashion, whether energized O(+) ions of terrestrial origin constitute a source of feedback which triggers or amplifies geomagnetic activity as has been suggested in the literature, by contributing a destabilizing mass increase in the magnetotail current sheet. The ISEE 1 data (0.1-16 keV/e) provide in situ observations of the O(+) concentration in the central plasma sheet, inside of 23 R(sub E), during the rising and maximum phases of solar cycle 21, as well as inner magnetosphere data from same period. The CCE data (0.1-17 keV/e) taken during the subsequent solar minimum all within 9 R(sub E). provide a reference for long-term variations in the magnetosphere O(+) content. Statistical correlations between the ion data and the indices, and between different indices. all point in the same direction: there is probably no feedback specific to the O(+) ions, in spite of the fact that they often contribute most of the ion mass density in the tail current sheet

Randomized controlled pilot study of mindfulness-based stress reduction for persistently fatigued cancer survivors

OBJECTIVE: Cancer-related fatigue (CRF) is one of the most common, persistent, and disabling symptoms associated with cancer and its treatment. Evidence-based treatments that are acceptable to patients are critically needed. This study examined the efficacy of mindfulness-based stress reduction (MBSR) for CRF and related symptoms. METHOD: A sample of 35 cancer survivors with clinically significant CRF was randomly assigned to a 7-week MBSR-based intervention or wait-list control group. The intervention group received training in mindfulness meditation, yoga, and self-regulatory responses to stress. Fatigue interference (primary outcome) and a variety of secondary outcomes (e.g., fatigue severity, vitality, disability, depression, anxiety, and sleep disturbance) were assessed at baseline, post-intervention, and 1-month follow-up. Bonferroni correction was employed to account for multiple comparisons. Controls received the intervention after the 1-month follow-up. Participants in both groups were followed for 6 months after completing their respective MBSR courses to assess maintenance of effects. RESULTS: Compared to controls, the MBSR group reported large post-intervention reductions as assessed by effect sizes (d) in the primary outcome, fatigue interference (d = -1.43, p < 0.001), along with fatigue severity (d = -1.55, p < 0.001), vitality (d = 1.29, p < 0.001), depression (d = -1.30, p < 0.001), and sleep disturbance (d = -0.74, p = 0.001). Results were maintained or strengthened at 1-month follow-up, the point at which significant improvements in disability (d = -1.22, p < 0.002) and anxiety (d = -0.98, p = 0.002) occurred. Improvements in all outcomes were maintained 6 months after completing the course. MBSR adherence was high, with 90% attendance across groups and high rates of participant-reported home practice of mindfulness. CONCLUSIONS: Mindfulness-based stress reduction is a promising treatment for CRF and associated symptoms