Constitutional Law - Church and State - Statute Requiring Religion to be Taken Into Consideration in Adoption

ln 1951, a Jewish couple obtained custody of illegitimate twins who were then two weeks old. In 1954, the couple formally sought to adopt the children. Although petitioners were otherwise qualified to act as parents, a Massachusetts statute provides that in making orders for adoption, the judge when practicable must give custody only to persons of the same religious faith as that of the child. The twins\u27 natural mother was Catholic but had consented in writing to adoption by the petitioners and to rearing of the children in the Jewish faith. The lower court found that several Catholic couples had filed applications with the Catholic Charities Bureau to adopt Catholic children of the age of the twins, and thus that it was practicable to give custody only to persons of Catholic faith. On appeal, held, affirmed. The statute does not violate the First Amendment since it treats all religions alike and does not require, prevent or hamper any exercise of religion. The mother\u27s interest was only that the babies were in a good home; she permitted rather than commanded the adoption. Petitions of Goldman, (Mass. 1954) 121 N.E. (2d) 843, cert. den. 348 U.S. 942, 75 S.Ct. 363 (1955)

Rule Against Perpetuities - Recent Legislation in Massachusetts, Maine and Connecticut

Three very significant statutes dealing with the rule against perpetuities and containing identical language in their important provisions have recently been passed in Massachusetts, Maine, and Connecticut. There are three basic provisions. (1) In applying the rule against perpetuities to an interest limited to take effect at or after the termination of one or more life estates in, or lives of, persons in being when the period of the rule begins to run, the validity of the interest shall be determined on the basis of the facts existing at the termination of the life estates or lives. (2) If any interest would violate the rule against perpetuities because it is contingent upon any person attaining or failing to attain an age in excess of 21, the age contingency shall be reduced to 21 as to all persons subject to the same age contingency. (3) A fee simple determinable or fee simple subject to a condition subsequent shall become a fee simple absolute if the specified contingency does not occur within 30 years from the date when the fee simple determinable or fee simple subject to condition subsequent becomes possessory. This also applies when the succeeding interest is limited to a person other than the grantor or his heirs. However, if such a fee is limited so that the specified contingency must happen within the period of the rule against perpetuities, such interests shall take effect as ·limited. This provision does not apply where the fee interest and the succeeding interests are both given for public, charitable, or religious purposes. Mass. Laws Ann. (1955) c. 184A, §§1 to 3; Me. Rev. Stat. (1954; Supp. 1955) c. 160, §§27 to 29; Conn. Laws (1955) p. 269

Corporations - Statutes Providing for Both Cumulative Voting and Classified Boards

The shareholders of the Winous Company amended the articles of incorporation to provide for staggered elections whereby one of the three directors would be elected each year to serve a three-year term. The Ohio Code provides for classified boards, and contains a guarantee of the right to vote cumulatively which is not to be restricted by the articles of incorporation. The county court of appeals reversed the court of common pleas and held the amendment invalid because it nullified the right to vote cumulatively. They interpreted the cumulative voting provision as specific and therefore a limitation on the more general section authorizing staggered elections. Held, reversed. Where there are contradictory provisions in two statutes and both are susceptible of a reasonable construction which will nullify neither, it is the duty of the court to give such construction. The section guaranteeing the right of cumulative voting does not guarantee the effectiveness of that right to insure minority representation on the board. Humphreys v. Winous Co., 165 Ohio St. 45, 133 N.E. (2d) 780 (1956)

Wills - Ademption - Sale of Property by Guardian of Physically Incompetent Testator

By a will executed in 1950, testator devised his undivided one-half interest in his home to his wife in fee simple. A year · later and with his consent, the probate court appointed a guardian for him on the ground of physical incompetency. In 1952 the guardian sold the devised property under court order, at which proceeding the testator was properly before the court, was consulted, and agreed to the sale. A small portion of the proceeds was used for the support of the testator but $7271 remained at his death five months later and was turned over to his executors. The probate court found that the sale of the testator\u27s interest in the property did not operate as an ademption. On appeal, held, reversed. Authority to the effect that the sale by a guardian of a mentally incompetent testator does not adeem a specific devise does not apply to the case of a physically incompetent testator. The testator consented to the sale and at all times possessed full testamentary capacity. Roderick v. Fisher, 97 Ohio App. 95, 122 N.E. (2d) 475 (1954)

Characterization and Management of Grassland and Associated Plant Communities on Kodiak Island, Alaska

A range survey on Kodiak Island grazing leases was conducted summers of 1995-96 to update management plans for areas grazed by cattle (Bos tarus) and bison (Bison bison). Ecological site (site) mapping and descriptions were updated, ecological status and grazing use was evaluated. Spatial data were acquired and summarized using Geographic Information System (GIS). New sites were developed for beaches and cliffs to facilitate ecosystem planning and enhance GIS capabilities

Chapter 8: Adapting to Climate Change

Forest ecosystems respond to natural climatic variability and human-caused climate change in ways that are adverse as well as beneficial to the biophysical environment and to society. Adaptation can be defined as responses or adjustments made— passive, reactive, or anticipatory—to climatic variability and change (Carter et al. 1994). Many adjustments occur whether humans intervene or not; for example, plants and animals shift to favorable habitats, and gene frequencies may change to favor traits that enable persistence in a warmer climate. Here we assess (general) strategies and (specific) tactics that resource managers can use to reduce forest vulnerability and increase adaptation to changing climate (Peterson et al. 2011). Plans and activities range from short-term, stop-gap measures, such as removing conifers that are progressively invading mountainmeadows, to long-term, proactive commitments, such as vegetation management to reduce the likelihood of severe wildfire or of beetle-mediated forest mortality

Coordination of the Rab5 Cycle on Macropinosomes

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/88083/1/j.1600-0854.2011.01280.x.pd

Factors influencing referrals for ultrasound-diagnosed complications during prenatal care in five low and middle income countries

BACKGROUND: Ultrasound during antenatal care (ANC) is proposed as a strategy for increasing hospital deliveries for complicated pregnancies and improving maternal, fetal, and neonatal outcomes. The First Look study was a cluster-randomized trial conducted in the Democratic Republic of Congo, Guatemala, Kenya, Pakistan and Zambia to evaluate the impact of ANC-ultrasound on these outcomes. An additional survey was conducted to identify factors influencing women with complicated pregnancies to attend referrals for additional care. METHODS: Women who received referral due to ANC ultrasound findings participated in structured interviews to characterize their experiences. Cochran-Mantel-Haenszel statistics were used to examine differences between women who attended the referral and women who did not. Sonographers\u27 exam findings were compared to referred women\u27s recall. RESULTS: Among 700 referred women, 510 (71%) attended the referral. Among referred women, 97% received a referral card to present at the hospital, 91% were told where to go in the hospital, and 64% were told that the hospital was expecting them. The referred women who were told who to see at the hospital (88% vs 66%), where to go (94% vs 82%), or what should happen, were more likely to attend their referral (68% vs 56%). Barriers to attending referrals were cost, transportation, and distance. Barriers after reaching the hospital were substantial. These included not connecting with an appropriate provider, not knowing where to go, and being told to return later. These barriers at the hospital often led to an unsuccessful referral. CONCLUSIONS: Our study found that ultrasound screening at ANC alone does not adequately address barriers to referrals. Better communication between the sonographer and the patient increases the likelihood of a completed referral. These types of communication include describing the ultrasound findings, including the reason for the referral, to the mother and staff; providing a referral card; describing where to go in the hospital; and explaining the procedures at the hospital. Thus, there are three levels of communication that need to be addressed to increase completion of appropriate referrals-communication between the sonographer and the woman, the sonographer and the clinic staff, and the sonographer and the hospital

Origin and Neuronal Function of in Vivo Nonsynaptic Glutamate

Basal extracellular glutamate sampled in vivo is present in micromolar concentrations in the extracellular space outside the synaptic cleft, and neither the origin nor the function of this glutamate is known. This report reveals that blockade of glutamate release from the cystine–glutamate antiporter produced a significant decrease (60%) in extrasynaptic glutamate levels in the rat striatum, whereas blockade of voltage-dependent Na and Ca2 channels produced relatively minimal changes (0– 30%). This indicates that the primary origin of in vivo extrasynaptic glutamate in the striatum arises from nonvesicular glutamate release by the cystine–glutamate antiporter. By measuring [ 35S]cystine uptake, it was shown that similar to vesicular release, the activity of the cystine–glutamate antiporter is negatively regulated by group II metabotropic glutamate receptors (mGluR2/3) via a cAMP-dependent protein kinase mechanism. Extracellular glutamate derived from the antiporter was shown to regulate extracellular levels of glutamate and dopamine. Infusion of the mGluR2/3 antagonist (RS)-1-amino-5- phosphonoindan-1-carboxylic acid (APICA) increased extracellular glutamate levels, and previous blockade of the antiporter prevented the APICA-induced rise in extracellular glutamate. This suggests that glutamate released from the antiporter is a source of endogenous tone on mGluR2/3. Blockade of the antiporter also produced an increase in extracellular dopamine that was reversed by infusing the mGluR2/3 agonist (2R,4R)-4- aminopyrrolidine-2,4-dicarboxlylate, indicating that antiporterderived glutamate can modulate dopamine transmission via mGluR2/3 heteroreceptors. These results suggest that nonvesicular release from the cystine–glutamate antiporter is the primary source of in vivo extracellular glutamate and that this glutamate can modulate both glutamate and dopamine transmission. Key words: microdialysis;glutamate;cystine;striatum;nonvesicular;cystine–glutamate antiporter;system xc