Removal, Remand, and Review in Pendent Claim and Pendent Party Cases

This Article examines the removability of civil actions that include either pendent claims or pendent parties joined in addition to parties against whom federal questions are alleged. It discusses the remandability of those civil actions or segments of them, and comments on the law governing appellate review of district court remands to state court.\u27 In an effort to reach the wisest resolutions of the various issues posed, it confronts issues of statutory construction, interprets Supreme Court cases, especially Thermtron Products, Inc. v. Hermansdorfer,\u27and wades in the murky waters of federalism. In the course of this enterprise, the Article analyzes and strongly takes issue with the recent decision of the Supreme Court in Carnegie-Mellon University v. Cohill. The implications of Carnegie-Mellon also are explored. The Article focuses on the problems that have arisen and can arise in federal question cases removable, if at all, under 28 U.S.C. sections 1441(a) and (b).\u27 It is noteworthy that these issues arise frequently, as evidenced by the number of pertinent decisions, and promise to continue to plague the federal courts in view of the substantial number of cases removed to federal court. The issues of removal jurisdiction, remandability, and reviewability tackled here are questions of federal court jurisdiction, powers, and discretion, that broadly implicate our federalism

Statistical interpretation of tunnel project characteristics and their influence on technical risks – current and future challenges

Tunnels are an increasingly significant part of our built infrastructure. Simultaneously, they are subject to a diversity of inherent uncertainties associated with the geotechnical, hydro-geological, and physical environment surrounding them. The associated risks can materialize on many occasions, leading to disasters with substantially high reinstatement costs, incurred delays, and damage to adjacent third-party assets and the environment. Such disasters can occur due to extreme natural events and unforeseen and unforeseeable ground conditions or accidents. but also, human-driven issues, such as substandard design, poor project management, aggressive project timelines leading to safety shortcuts, compressed budgets and application of innovative techniques not yet fully tested and validated, are some factors contributing to an increased probability of risk materialization and disastrous events. This paper aims to provide a statistical interpretation of tunnel project characteristics and their influence on technical risks based on a database with approximately 400 tunnel failure cases. A further goal of the study is to support decision-makers in the risk management process, such as owners, engineers, and insurers by improving their understanding of project sensitivities. The results indicate the significance of technical characteristics (such as tunnel dimensions, construction type, and ground formations). Still, they also reveal some dependence between lower project risks and the application of current project and risk management practices

Landslide mapping and monitoring by using radar and optical remote sensing: examples from the EC-FP7 project SAFER

This paper focuses on the Landslide Thematic services of the EU-funded FP7-SPACE project SAFER (Services and Applications For Emergency Response) for inventory mapping, monitoring and rapid mapping by using Earth Observation (EO). We exploited satellite Interferometric Synthetic Aperture Radar (InSAR) and Object-Based Image Analysis (OBIA), and discuss example applications in South Tyrol and Abruzzo (Italy), Lower Austria (Austria), Lubietova (Slovakia) and the Kaohsiung County (Taiwan). These case studies showcase the significance of radar and optical EO data, InSAR and OBIA methods for landslide mapping and monitoring in different geological environments and during all phases of emergency management: mitigation, preparedness, crisis and recovery

Long Lasting Egocentric Disorientation Induced by Normal Sensori-Motor Spatial Interaction

Perception of the cardinal directions of the body, right-left, up-down, ahead-behind, which appears so absolute and fundamental to the organisation of behaviour can in fact, be modified. Perhaps unsurprisingly, it has been shown that prolonged distorted perception of the orientation of body axes can be a consequence of disordered sensori-motor signals, including long-term prismatic adaptation and lesions of the central nervous system. We report the novel and surprising finding that a long-lasting distortion of perception of personal space can also be induced by an ecological pointing task without the artifice of distorting normal sensori-motor relationships.Twelve right-handed healthy adults performed the task of pointing with their arms, without vision, to indicate their subjective 'straight ahead', a task often used to assess the Egocentric Reference. This was performed before, immediately, and one day after a second task intended to 'modulate' perception of spatial direction. The 'modulating' task lasted 5 minutes and consisted of asking participants to point with the right finger to targets that appeared only in one (right or left) half of a computer screen. Estimates of the 'straight-ahead' during pre-test were accurate (inferior to 0.3 degrees deviation). Significantly, up to one day after performing the modulating task, the subjective 'straight-ahead' was deviated (by approximately 3.2 degrees) to the same side to which subjects had pointed to targets.These results reveal that the perception of directional axes for behaviour is readily influenced by interactions with the environment that involve no artificial distortion of normal sensori-motor-spatial relationships and does not necessarily conform to the cardinal directions as defined by the anatomy of orthostatic posture. We thus suggest that perceived space is a dynamic construction directly dependent upon our past experience about the direction and/or the localisation of our sensori-motor spatial interaction with environment

Effect of carbohydrate-protein supplement timing on acute exercise-induced muscle damage

<p>Abstract</p> <p>Purpose</p> <p>To determine if timing of a supplement would have an effect on muscle damage, function and soreness.</p> <p>Methods</p> <p>Twenty-seven untrained men (21 ± 3 yrs) were given a supplement before or after exercise. Subjects were randomly assigned to a pre exercise (n = 9), received carbohydrate/protein drink before exercise and placebo after, a post exercise (n = 9), received placebo before exercise and carbohydrate/protein drink after, or a control group (n = 9), received placebo before and after exercise. Subjects performed 50 eccentric quadriceps contractions on an isokinetic dynamometer. Tests for creatine kinase (CK), maximal voluntary contraction (MVC) and muscle soreness were recorded before exercise and at six, 24, 48, 72, and 96 h post exercise. Repeated measures ANOVA were used to analyze data.</p> <p>Results</p> <p>There were no group by time interactions however, CK significantly increased for all groups when compared to pre exercise (101 ± 43 U/L) reaching a peak at 48 h (661 ± 1178 U/L). MVC was significantly reduced at 24 h by 31.4 ± 14.0%. Muscle soreness was also significantly increased from pre exercise peaking at 48 h.</p> <p>Conclusion</p> <p>Eccentric exercise caused significant muscle damage, loss of strength, and soreness; however timing of ingestion of carbohydrate/protein supplement had no effect.</p

RNA Aptamers Generated against Oligomeric Aβ40 Recognize Common Amyloid Aptatopes with Low Specificity but High Sensitivity

Aptamers are useful molecular recognition tools in research, diagnostics, and therapy. Despite promising results in other fields, aptamer use has remained scarce in amyloid research, including Alzheimer's disease (AD). AD is a progressive neurodegenerative disease believed to be caused by neurotoxic amyloid β-protein (Aβ) oligomers. Aβ oligomers therefore are an attractive target for development of diagnostic and therapeutic reagents. We used covalently-stabilized oligomers of the 40-residue form of Aβ (Aβ40) for aptamer selection. Despite gradually increasing the stringency of selection conditions, the selected aptamers did not recognize Aβ40 oligomers but reacted with fibrils of Aβ40, Aβ42, and several other amyloidogenic proteins. Aptamer reactivity with amyloid fibrils showed some degree of protein-sequence dependency. Significant fibril binding also was found for the naïve library and could not be eliminated by counter-selection using Aβ40 fibrils, suggesting that aptamer binding to amyloid fibrils was RNA-sequence-independent. Aptamer binding depended on fibrillogenesis and showed a lag phase. Interestingly, aptamers detected fibril formation with ≥15-fold higher sensitivity than thioflavin T (ThT), revealing substantial β-sheet and fibril formation undetected by ThT. The data suggest that under physiologic conditions, aptamers for oligomeric forms of amyloidogenic proteins cannot be selected due to high, non-specific affinity of oligonucleotides for amyloid fibrils. Nevertheless, the high sensitivity, whereby aptamers detect β-sheet formation, suggests that they can serve as superior amyloid recognition tools

Balancing with Vibration: A Prelude for “Drift and Act” Balance Control

Stick balancing at the fingertip is a powerful paradigm for the study of the control of human balance. Here we show that the mean stick balancing time is increased by about two-fold when a subject stands on a vibrating platform that produces vertical vibrations at the fingertip (0.001 m, 15–50 Hz). High speed motion capture measurements in three dimensions demonstrate that vibration does not shorten the neural latency for stick balancing or change the distribution of the changes in speed made by the fingertip during stick balancing, but does decrease the amplitude of the fluctuations in the relative positions of the fingertip and the tip of the stick in the horizontal plane, A(x,y). The findings are interpreted in terms of a time-delayed “drift and act” control mechanism in which controlling movements are made only when controlled variables exceed a threshold, i.e. the stick survival time measures the time to cross a threshold. The amplitude of the oscillations produced by this mechanism can be decreased by parametric excitation. It is shown that a plot of the logarithm of the vibration-induced increase in stick balancing skill, a measure of the mean first passage time, versus the standard deviation of the A(x,y) fluctuations, a measure of the distance to the threshold, is linear as expected for the times to cross a threshold in a stochastic dynamical system. These observations suggest that the balanced state represents a complex time–dependent state which is situated in a basin of attraction that is of the same order of size. The fact that vibration amplitude can benefit balance control raises the possibility of minimizing risk of falling through appropriate changes in the design of footwear and roughness of the walking surfaces