Recent Cases

Constitutional Law -- Newsperson\u27s Privilege - The First Amendment Guarantee of a Free Press Protects Against Compelled Disclosure of a Journalist\u27s Exercise of Editorial Control and Judgment Plaintiff, a former army officer who had achieved national prominence by claiming that his superiors ignored his reports of atrocities by American forces in Vietnam,\u27 brought a libel suit against defendant television producer, reporter, and network for broadcasting a program that cast doubt upon plaintiff\u27s allegations. Contending that defendant did not present available information corroborating plaintiff\u27s claims, plaintiff sought discovery of the producer\u27s beliefs, opinions, intent, and conclusions in preparing the program. Alan William Duncan ===================== Income Taxation--Alternative Tax--In Computing Alternative Tax Under Section 1201 of the Internal Revenue Code Taxpayer May Not Deduct from Net Long-Term Capital Gain That Portion of Capital Gain Required To Be Set Aside Permanently for Charitable Organizations Decedent\u27s will required taxpayer estate to distribute to specified charitable organizations a specific portion, of net long-term capital gain realized upon the sale of any securities included in the residue of the estate.\u27 In calculating the alternative tax\u27 on the capital gains realized by the estate in 1967 and 1968, taxpayer deducted from capital gains the amounts required to be set aside for charities.: The Internal Revenue Service disallowed the taxpayer\u27s computation method, contending that a deduction for charitable set asides and payments was not allowable under section 1201. Elton Gregory Snowden ========================= Income Taxation-Corporate Reorganization-Stock Received Under Contingent Payment Plan Is Subject to Imputed Interest Provisions of Section 483 of the Internal Revenue Code Decedent\u27s will required taxpayer estate to distribute to specified charitable organizations a specific portion, of net long-term cap-ital gain realized upon the sale of any securities included in the residue of the estate.\u27 In calculating the alternative tax\u27 on the capital gains realized by the estate in 1967 and 1968, taxpayer deducted from capital gains the amounts required to be set aside for charities. Joseph W. Gibbs ==================== Torts-Independent Contractors-Employer Is Liable for Tortious Conduct of His Financially Irresponsible Independent Contractor All rules affecting the master-servant relationship derive from the historic legal principle that employers are liable for the tortious conduct of their employees occurring in the course of employment. Respondeat superior, which imputes employee negligence to the employer, is not premised on fault. Instead, because the employer has the right to select, control, and dismiss employees\u27 and because he is assumed to be in a better financial position to respond to judgments, the employer is held vicariously liable for tortious acts of his employees within the scope of employment. William Arthur Holb

What Is the Impact of Chaplaincy in Primary Care? The GP Perspective

People often attend primary care with sub-clinical or non-medical issues such as bereavement, distress, or loneliness. Often what is needed is someone to listen, but GP appointments are inappropriate for this. Community Chaplaincy Listening (CCL) is a listening service delivered by chaplains in Scotland, developed to help people in primary care with problems like these. Evaluations have shown that recipients of CCL feel more peaceful, less anxious and have a better outlook on life as a consequence. However, the impact from a referring GP perspective is not yet known. This perspective is essential for all stakeholders, but particularly future service commissioner

The effects of adapting to complex motions: position invariance and tuning to spiral motions

Recent neurophysiological evidence (e.g., Graziano, Andersen, & Snowden, 1994) suggested that some cells in the medial superior temporal area (MST) of the Old World monkey are sensitive to complex motions such as those brought about by a surface moving in depth or rotating. Two important findings were that these cells show position invariance (i.e., their preferred stimulus does not change across the receptive field), and that some cells were selective for “spiralling” stimuli rather than pure rotations or pure expansion/contractions. This paper attempts to provide evidence for similar processes in the human visual system by employing the technique of selective adaptation. We have simulated surfaces undergoing a motion in depth (div) or a rotation (curl), but have removed any cues that are not related to global motion. After adapting to a large pattern undergoing, say, an expansion, an aftereffect that contained an element of contraction could be elicited by placing small test patterns anywhere in the adapted area. This suggests that the global structure of the motion field must have been encoded as well as the local motion. Likewise thresholds for detecting motions similar to the adapting motion were elevated across the adapted area, while thresholds for other motions were not. Hence the effects of adaptation are both selective and show a degree of position invariance. Adaptation to pure div or pure curl stimuli was compared with adaptation to spiralling stimuli. Threshold elevation was always selective for the adapting motion and the shape and broadness of tuning did not vary. In simulations we could not reproduce our results using a model that had only div and curl detectors, but we could reproduce them if we allowed for detectors tuned for a broad range of spiral pitches. Our results suggest that humans encode the complex motion of surfaces by detectors tuned to many different types of motion and that the detectors are invariant across space in their properties

Dark sectors 2016 Workshop: community report

This report, based on the Dark Sectors workshop at SLAC in April 2016, summarizes the scientific importance of searches for dark sector dark matter and forces at masses beneath the weak-scale, the status of this broad international field, the important milestones motivating future exploration, and promising experimental opportunities to reach these milestones over the next 5-10 years

Chaplains Work in Primary Care

Health is holistic, but health services are often not. Primary care is the first point of contact for patients in the UK, and at least two in every three present with complex bio-psycho-socio-economic issues. In Scotland, the Community Chaplaincy Listening (CCL) service was created to see if chaplains could help. CCL involves specially trained chaplains listening to patients referred to them by general practitioners (GP) for spiritual support. Between 2018 and 2019, 143 people used CCL and completed baseline and post-discharge outcome measures. Mean Scottish PROM scores rose from 7.94 (± 3.4) at baseline to 12 (± 3.5) post discharge, a statistically and clinically significant rise of 4.06 (95% CI, 3–5.12), t(50) = 7.7, p < 0.0001, d = 1.08. The improvement was seen whether patients self-described as religious, spiritual, both, or neither. Health-related quality of life outcomes were mixed but patients referred to the service scored some of the lowest baseline EQ-5D-3L scores ever seen in the literature. Together these results suggest that CCL worked in primary care, especially for patients historically considered “difficult to treat.” Limitations of the study are considered alongside implications for commissioners and service developers

Pineal progenitors originate from a non-neural territory limited by FGF signalling

The embryonic development of the pineal organ, a neuroendocrine gland on top of the diencephalon, remains enigmatic. Classic fate mapping studies suggested that pineal progenitors originate from the lateral border of the anterior neural plate. We show here, using gene expression and fate mapping/lineage tracing in zebrafish, that pineal progenitors originate, at least in part, from the non-neural ectoderm. Gene expression in chick indicates that this non-neural origin of pineal progenitors is conserved in amniotes. Genetic repression of placodal, but not neural crest, cell fate results in pineal hypoplasia in zebrafish, while mis-expression of transcription factors known to specify placodal identity during gastrulation promotes the formation of ectopic pineal progenitors. We also demonstrate that Fibroblast Growth Factors (FGFs) position the pineal progenitor domain within the non-neural border by repressing pineal fate and that the Otx transcription factors promote pinealogenesis by inhibiting this FGF activity. The non-neural origin of the pineal organ reveals an underlying similarity in the formation of the pineal and pituitary glands and suggests that all CNS neuroendocrine organs may require a non-neural contribution to form neurosecretory cells

Frontotemporal dementia and its subtypes: a genome-wide association study

SummaryBackground Frontotemporal dementia (FTD) is a complex disorder characterised by a broad range of clinical manifestations, differential pathological signatures, and genetic variability. Mutations in three genes—MAPT, GRN, and C9orf72—have been associated with FTD. We sought to identify novel genetic risk loci associated with the disorder. Methods We did a two-stage genome-wide association study on clinical FTD, analysing samples from 3526 patients with {FTD} and 9402 healthy controls. To reduce genetic heterogeneity, all participants were of European ancestry. In the discovery phase (samples from 2154 patients with {FTD} and 4308 controls), we did separate association analyses for each {FTD} subtype (behavioural variant FTD, semantic dementia, progressive non-fluent aphasia, and {FTD} overlapping with motor neuron disease FTD-MND), followed by a meta-analysis of the entire dataset. We carried forward replication of the novel suggestive loci in an independent sample series (samples from 1372 patients and 5094 controls) and then did joint phase and brain expression and methylation quantitative trait loci analyses for the associated (p&lt;5 × 10−8) single-nucleotide polymorphisms. Findings We identified novel associations exceeding the genome-wide significance threshold (p&lt;5 × 10−8). Combined (joint) analyses of discovery and replication phases showed genome-wide significant association at 6p21.3, \{HLA\} locus (immune system), for rs9268877 (p=1·05 × 10−8; odds ratio=1·204 95% \{CI\} 1·11–1·30), rs9268856 (p=5·51 × 10−9; 0·809 0·76–0·86) and rs1980493 (p value=1·57 × 10−8, 0·775 0·69–0·86) in the entire cohort. We also identified a potential novel locus at 11q14, encompassing RAB38/CTSC (the transcripts of which are related to lysosomal biology), for the behavioural \{FTD\} subtype for which joint analyses showed suggestive association for rs302668 (p=2·44 × 10−7; 0·814 0·71–0·92). Analysis of expression and methylation quantitative trait loci data suggested that these loci might affect expression and methylation in cis. Interpretation Our findings suggest that immune system processes (link to 6p21.3) and possibly lysosomal and autophagy pathways (link to 11q14) are potentially involved in FTD. Our findings need to be replicated to better define the association of the newly identified loci with disease and to shed light on the pathomechanisms contributing to FTD. Funding The National Institute of Neurological Disorders and Stroke and National Institute on Aging, the Wellcome/MRC Centre on Parkinson's disease, Alzheimer's Research UK, and Texas Tech University Health Sciences Center

Pragmatic, Randomized, Blinded Trial to Shorten Pharmacologic Treatment of Newborns with Neonatal Opioid Withdrawal Syndrome (NOWS)

BACKGROUND: The incidence of maternal opioid use in the USA has increased substantially since 2000. As a consequence of opioid use during pregnancy, the incidence of neonatal opioid withdrawal syndrome (NOWS) has increased fivefold between 2002 and 2012. Pharmacological therapy is indicated when signs of NOWS cannot be controlled, and the objective of pharmacological therapy is to control NOWS signs. Once pharmacologic therapy has started, there is great variability in strategies to wean infants. An important rationale for studying weaning of pharmacological treatment for NOWS is that weaning represents the longest time interval of drug treatment. Stopping medications too early may not completely treat NOWS symptoms. METHODS: This will be a pragmatic, randomized, blinded trial of opioid weaning to determine whether more rapid weaning, compared to slow wean, will reduce the number of days of opioid treatment in infants receiving morphine or methadone as the primary treatment for NOWS. DISCUSSION: The proposed study is a pragmatic trial to determine whether a rapid-weaning intervention reduces the number of days of opioid treatment, compared to a slow-weaning intervention, and we powered the proposed study to detect a 2-day difference in the length of treatment. Hospitals will be able to use either morphine or methadone with the knowledge that we may find a positive treatment effect for both, one, or neither drugs. TRIAL REGISTRATION: NCT04214834. Registered January 2, 2020

Crisis Visits and Psychiatric Hospitalizations Among Patients Attending a Community Clinic in Rural Southern California

Ethnic minorities from disadvantaged socioeconomic backgrounds report increased utilization of mental health emergency services; however findings have been inconsistent across ethnic/racial groups. In this study we describe patients who present to a rural crisis unit in Southern California, examine rates of psychiatric hospitalizations across ethnic/racial groups, and investigate factors that are associated with increased psychiatric hospitalizations in this sample. This is a retrospective study of 451 racially and ethnically diverse patients attending a crisis unit in Imperial County, California. Chart review and data abstraction methods were used to characterize the sample and identify factors associated with psychiatric crises and subsequent hospitalizations. The sample was predominantly Latino/Hispanic (58.5%). Based on chart review, common psychosocial stressors which prompted a crisis center visit were: (a) financial problems; (b) homelessness; (c) partner or family conflict; (d) physical and health problems; (e) problems at school/work; (f) medication compliance; (g) aggressive behavior; (h) delusional behavior; (i) addiction and (j) anxiety/depression. Bivariate analyses revealed that Hispanics had a disproportionately lower rate of psychiatric hospitalizations while African Americans had a higher rate. Multivariate analyses which included demographic, clinical and psychosocial stressor variables revealed that being African American, having a psychotic disorder, and presenting as gravely disabled were associated with a higher likelihood of hospitalization while partner/family conflict was associated with a lesser likelihood in this rural community. These data elucidate the need for longitudinal studies to understand the interactions between psychosocial stressors, ethnicity and social support as determinants of psychiatric hospitalizations