Due Process Problems of Property Damage No-Fault Insurance

Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle\u27s owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by making his purchase of the no-fault insurance optional. Second, as compared to personal injury losses, property damage can be quickly, accurately, and objectively computed. These two distinctions between property damage and personal injury no-fault protection have caused the property damage plans to encounter constitutional difficulties which were avoided by the personal injury legislation. Generally, the constitutional attacks against both personal injury and property damage no-fault plans have been on two distinct grounds. The fundamental concept of no-fault protection, together with its consequent restrictions on tort recovery, has been challenged under the due process clause, while the equal protection clause has been used to attack individual elements of specific legislation. Since all presently enacted no-fault legislation contains various exceptions and so-called threshold loss determinations above which tort recovery is not restricted, the equal protection attack has had some limited success against such specific classifications of the personal injury legislation. Although the due process attack has not been successful against the personal injury legislation, it has fared somewhat better against the property damage no-fault plans

Economic Considerations for Playa Management Alternatives

Playa lakes are very important to the Texas High Plains. They provide habitat for a wide variety of wildlife, and are the Ogallala Aquifer’s primary recharge source. Plowing and sedimentation have caused substantial damage to the overall health of many playas. A need exists to protect this resource for future generations. Several government programs are available to assist landowners with playa preservation including CP23A, the Wetlands Reserve Program, and the Wildlife Habitat Incentive Program. This study evaluates each conservation program and weighs the economic benefits and costs of program implementation.Southern Great Plains, Playa Lakes, CP23A, Conservation Reserve Program, Wetlands Reserve Program, Wildlife Habitat Incentive Program, Environmental Economics and Policy,

Bad Nature, Bad Nurture, and Testimony Regarding MAOA and SLC6A4 Genotyping in Murder Trials

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question of whether testimony regarding a defendant’s genotype, exposure to child maltreatment, and experience of unusual stress is appropriate to present during the guilt or penalty phases of criminal trials, especially when capital punishment is a consideration. The authors present their experience in genotyping criminal defendants and presenting genetic information at criminal trials

Bad Nature, Bad Nurture, and Testimony Regarding MAOA and SLC6A4 Genotyping in Murder Trials

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question of whether testimony regarding a defendant’s genotype, exposure to child maltreatment, and experience of unusual stress is appropriate to present during the guilt or penalty phases of criminal trials, especially when capital punishment is a consideration. The authors present their experience in genotyping criminal defendants and presenting genetic information at criminal trials

Bacterial community profiles and Vibrio parahaemolyticus abundance in individual oysters and their association with estuarine ecology

Oysters naturally harbor the human gastric pathogen Vibrio parahaemolyticus, but the nature of this association is unknown. Because microbial interactions could influence the accumulation of V. parahaemolyticus in oysters, we investigated the composition of the microbiome in water and oysters at two ecologically unique sites in the Great Bay Estuary, New Hampshire using 16s rRNA profiling. We then evaluated correlations between bacteria inhabiting the oyster with V. parahaemolyticus abundance quantified using a most probable number (MPN) analysis. Even though oysters filter-feed, their microbiomes were not a direct snapshot of the bacterial community in overlaying water, suggesting they selectively accumulate some bacterial phyla. The microbiome of individual oysters harvested more centrally in the bay were relatively more similar to each other and had fewer unique phylotypes, but overall more taxonomic and metabolic diversity, than the microbiomes from tributary-harvested oysters that were individually more variable with lower taxonomic and metabolic diversity. Oysters harvested from the same location varied in V. parahaemolyticus abundance, with the highest abundance oysters collected from one location. This study, which to our knowledge is the first of its kind to evaluate associations of V. parahaemolyticus abundance with members of individual oyster microbiomes, implies that sufficient sampling and depth of sequencing may reveal microbiome members that could impact V. parahaemolyticus abundance

A rapid, chromatography-free route to substituted acridine–isoalloxazine conjugates under microwave irradiation

Microwave irradiation was applied to a sequence of condensation reactions from readily available 9-chloroacridines to provide a range of novel acridine–isoalloxazine conjugates. The combination of these two moieties, both of biological interest, was achieved by a chromatography free route

Cryogenic Propulsion Stage (CPS) Configuration in Support of NASA's Multiple Design Reference Missions (DRMs)

In support of the National Aeronautics and Space Administration's (NASA) Human Exploration and Operations Mission Directorate (HEOMD), the Space Launch System (SLS) is being designed for safe, affordable, and sustainable human and scientific exploration missions beyond Earth's or-bit (BEO). The SLS Team is tasked with developing a system capable of safely and repeatedly lofting a new fleet of spaceflight vehicles beyond Earth orbit. The Cryogenic Propulsion Stage (CPS) is a key enabler for evolving the SLS capability for BEO missions. This paper reports on the methodology and initial recommendations relative to the CPS, giving a brief retrospective of early studies on this promising propulsion hardware. This paper provides an overview of the requirements development and CPS configuration in support of NASA's multiple Design Reference Missions (DRMs)

Cenozoic evolution of the eastern Black Sea: a test of depth-dependent stretching models

Subsidence analysis of the eastern Black Sea basin suggests that the stratigraphy of this deep, extensional basin can be explained by a predominantly pure-shear stretching history. A strain-rate inversion method that assumes pure-shear extension obtains good fits between observed and predicted stratigraphy. A relatively pure-shear strain distribution is also obtained when a strain-rate inversion algorithm is applied that allows extension to vary with depth without assuming its existence or form. The timing of opening of the eastern Black Sea, which occupied a back-arc position during the closure of the Tethys Ocean, has also been a subject of intense debate; competing theories called for basin opening during the Jurassic, Cretaceous or Paleocene/Eocene. Our work suggests that extension likely continued into the early Cenozoic, in agreement with stratigraphic relationships onshore and with estimates for the timing of arc magmatism. Further basin deepening also appears to have occurred in the last 20 myr. This anomalous subsidence event is focused in the northern part of the basin and reaches its peak at 15–10 Ma. We suggest that this comparatively localized shortening is associated with the northward movement of the Arabian plate. We also explore the effects of paleowater depth and elastic thickness on the results. These parameters are controversial, particularly for deep-water basins and margins, but their estimation is a necessary step in any analysis of the tectonic subsidence record stored in stratigraphy. <br/

Light-emitting diode street lights reduce last-ditch evasive manoeuvres by moths to bat echolocation calls

© 2015 The Authors. The light-emitting diode (LED) street light market is expanding globally, and it is important to understand how LED lights affect wildlife populations. We compared evasive flight responses of moths to bat echolocation calls experimentally under LED-lit and -unlit conditions. Significantly, fewer moths performed ‘powerdive’ flight manoeuvres in response to bat calls (feeding buzz sequences from Nyctalus spp.) under an LED street light than in the dark. LED street lights reduce the anti-predator behaviour of moths, shifting the balance in favour of their predators, aerial hawking bats