The U.C.C. Section 4-205(2) Payment/Deposit Warranty: Allow a Drawer to Hold a Depositary Bank Liable For Collecting an Item With a Forged Indorsement

As written, the new section 4-205(2) Payment/Deposit Warranty may provide a new theory upon which to hold a depositary bank liable for handling a stolen check for the benefit of a thief. This Comment will propose that the word customer as used in U.C.C. section 4-205 should not be read to include a thief that steals a check, forges an indorsement, and transfers the item to a depositary bank for collection. Such a reading would allow the drawer of the stolen check to sue the depositary bank for breach of warranty. This Comment will first describe the existing recourses available to the drawer against the drawee bank, and the depositary bank. Second, it will analyze section 4- 205(2) according to traditional and familiar rules of statutory construction in order to show that a new cause of action has been created by Revised Article 4 of the U.C.C

Jenkins v. James B. Day & Co.: A New Defense of State Tort Law Against Federal Preemption - Is It Legitimate?

This Note will recount the general law of federal preemption and its recent developments. Next, it will describe the Jenkins case, the facts leading to the litigation, the prior procedure in the lower courts, and the Ohio Supreme Court\u27s reasoning in the opinion. Lastly, this Note will critically evaluate the court\u27s new argument supporting the preservation of state tort claims in light of familiar principles of statutory construction

Dopamine agonist treatment ameliorates hyperglycemia, hyperlipidemia, and the elevated basal insulin release from islets of ob/ob mice

AbstractOne of the characteristics of obesity-associated diabetes is an elevated fasting plasma insulin concentration with a weak insulin secretory response to subsequent glucose stimulation. Evidence suggests that hyperglycemia and hyperlipidemia may contribute to the initiation and progression of this disordered islet glucose sensing. It has been proposed that reducing hyperglycemia and hyperlipidemia per se may improve islet glucose sensing. Here we studied glucose-dependent insulin release in islets isolated from ob/ob mice treated with dopamine agonists (bromocriptine and SKF38393, BC/SKF) which significantly reduced circulating glucose and lipid levels of ob/ob mice. Islets from BC/SKF-treated mice showed a marked decrease of the elevated basal insulin release to levels similar to lean mice. Such treatment also induced a higher secretory response to glucose stimulation compared with that in ob/ob mice with sustained hyperglycemia and hyperlipidemia. Similarly, when islets from untreated ob/ob mice were cultured for 7 days in 11 mM glucose in the absence of free fatty acid, the basal insulin release was significantly decreased and high glucose stimulated insulin release increased compared with that from islets cultured in medium containing 30 mM glucose and 2 mM oleate. The BC/SKF-induced reduction of elevated basal insulin release was associated with decreased hexokinase activity and basal cyclic AMP content in islet tissue. Our results demonstrate that dopamine agonist treatment improves basal insulin release in ob/ob mice and this effect may be mediated, in part, by a reduction of hyperglycemia and hyperlipidemia

Capacidade de combinação de progênies S3 de milho forrageiro em topcrosses para características da parte vegetativa e da planta inteira

The objective of this work was to evaluate the combining ability of S3 forage maize (Zea mays) progenies for traits related to forage yield and bromatological quality, with and without the ear, as well as to evaluate the ability of testers to discriminate progenies for these traits. The trials were carried out in the 2017/2018 and 2018/2019 crop seasons, in the municipality of Guarapuava, in the state of Paraná, Brazil. Topcross hybrids obtained from the crosses of 28 S3 maize progenies with three testers were evaluated. The following forage qualitative traits of the whole plant and of the plant without the ear were evaluated: neutral and acid detergent fibers, lignin, and in situ dry mass digestibility, as well as digestible dry mass yield of the whole plant. The progenies that stood out for forage qualitative traits were 85.1 and 42.1 for the whole plant and for the plant without the ear, respectively. For the qualitative and productive traits of whole-plant forage, progenies 91.1, 106.2, 126.2, 138.1, 152.1, 235.1, and 251.1 are promising to continue in the breeding program aiming to generate hybrids with a high yield and fiber quality. Testers LEM3 and AG8025 are efficient in discriminating progenies for forage yield and bromatological traits.O objetivo deste trabalho foi avaliar a capacidade de combinação de progênies S3 de milho (Zea mays) forrageiro em relação a características relacionadas com o rendimento e a qualidade bromatológica da forragem, com e sem a espiga, bem como avaliar a capacidade de testadores para a discriminação das progênies para estas características. Os ensaios foram realizados nas safras de 2017/2018 e 2018/2019, no município de Guarapuava, no estado do Paraná, Brasil. Foram avaliados os híbridos topcross obtidos dos cruzamentos de 28 progênies de milho S3 com três testadores. As seguintes características qualitativas da forragem da planta inteira e da planta sem a espiga foram avaliadas: fibras em detergente neutro e ácido, lignina e digestibilidade in situ da massa seca, além do rendimento da massa seca digerível de toda a planta. As progênies que se destacaram quanto às características qualitativas da forragem foram 85.1 e 42.1 para a planta inteira e para a planta sem a espiga, respectivamente. Para as características qualitativas e produtivas da forragem da planta inteira, as progênies 91.1, 106.2, 126.2, 138.1, 152.1, 235.1 e 251.1 são promissoras para continuar no programa de melhoramento com vistas à geração de híbridos com altos rendimento e qualidade de fibra. Os testadores LEM3 e AG8025 são eficientes na discriminação de progênies para as características produtivas e bromatológicas das forragens

Consumer acceptance and sensory profiling of reengineered kitoza products

Kitoza refers to a traditional way of preparing beef and pork in Madagascar. However, in order to improve some drawbacks previous identified, the product was submitted to a reengineering process. The acceptance and sensory profiling of improved Kitoza products among Portuguese consumers was investigated. A local smoked loin sausage was selected as basis for comparison. Firstly, a Focus Group study was performed to identify sensory descriptors for Kitoza products and explore product perception. Subsequently, a Flash Profile and a consumer sensory acceptance study were conducted. Flash Profile’s results showed that beef- and pork-based Kitoza products investigated differed considerably in all sensory dimensions. The Portuguese sausage was characterized as having a more intense and lasting after taste, as well as displaying a higher degree of (meat) doneness. The acceptance study yielded higher overall liking ratings for pork- than for beef-based Kitoza, although the Portuguese sausage remained the most appreciated product

Search for invisible modes of nucleon decay in water with the SNO+ detector

This paper reports results from a search for nucleon decay through invisible modes, where no visible energy is directly deposited during the decay itself, during the initial water phase of SNO+. However, such decays within the oxygen nucleus would produce an excited daughter that would subsequently deexcite, often emitting detectable gamma rays. A search for such gamma rays yields limits of 2.5×1029  y at 90% Bayesian credibility level (with a prior uniform in rate) for the partial lifetime of the neutron, and 3.6×1029  y for the partial lifetime of the proton, the latter a 70% improvement on the previous limit from SNO. We also present partial lifetime limits for invisible dinucleon modes of 1.3×1028  y for nn, 2.6×1028  y for pn and 4.7×1028  y for pp, an improvement over existing limits by close to 3 orders of magnitude for the latter two

Global patient outcomes after elective surgery: prospective cohort study in 27 low-, middle- and high-income countries.

BACKGROUND: As global initiatives increase patient access to surgical treatments, there remains a need to understand the adverse effects of surgery and define appropriate levels of perioperative care. METHODS: We designed a prospective international 7-day cohort study of outcomes following elective adult inpatient surgery in 27 countries. The primary outcome was in-hospital complications. Secondary outcomes were death following a complication (failure to rescue) and death in hospital. Process measures were admission to critical care immediately after surgery or to treat a complication and duration of hospital stay. A single definition of critical care was used for all countries. RESULTS: A total of 474 hospitals in 19 high-, 7 middle- and 1 low-income country were included in the primary analysis. Data included 44 814 patients with a median hospital stay of 4 (range 2-7) days. A total of 7508 patients (16.8%) developed one or more postoperative complication and 207 died (0.5%). The overall mortality among patients who developed complications was 2.8%. Mortality following complications ranged from 2.4% for pulmonary embolism to 43.9% for cardiac arrest. A total of 4360 (9.7%) patients were admitted to a critical care unit as routine immediately after surgery, of whom 2198 (50.4%) developed a complication, with 105 (2.4%) deaths. A total of 1233 patients (16.4%) were admitted to a critical care unit to treat complications, with 119 (9.7%) deaths. Despite lower baseline risk, outcomes were similar in low- and middle-income compared with high-income countries. CONCLUSIONS: Poor patient outcomes are common after inpatient surgery. Global initiatives to increase access to surgical treatments should also address the need for safe perioperative care. STUDY REGISTRATION: ISRCTN5181700

Current Status and Future Prospects of the SNO+ Experiment

SNO+ is a large liquid scintillator-based experiment located 2 km underground at SNOLAB, Sudbury, Canada. It reuses the Sudbury Neutrino Observatory detector, consisting of a 12 m diameter acrylic vessel which will be filled with about 780 tonnes of ultra-pure liquid scintillator. Designed as a multipurpose neutrino experiment, the primary goal of SNO+ is a search for the neutrinoless double-beta decay (0] ) of 130 Te. In Phase I, the detector will be loaded with 0.3% natural tellurium, corresponding to nearly 800 kg of 130 Te, with an expected effective Majorana neutrino mass sensitivity in the region of 55-133 meV, just above the inverted mass hierarchy. Recently, the possibility of deploying up to ten times more natural tellurium has been investigated, which would enable SNO+ to achieve sensitivity deep into the parameter space for the inverted neutrino mass hierarchy in the future. Additionally, SNO+ aims to measure reactor antineutrino oscillations, low energy solar neutrinos, and geoneutrinos, to be sensitive to supernova neutrinos, and to search for exotic physics. A first phase with the detector filled with water will begin soon, with the scintillator phase expected to start after a few months of water data taking. The 0] Phase I is foreseen for 2017