1,215 research outputs found

    RESCISSION - CONSTRUCTIVE TRUSTS - TRACING MISAPPROPRIATED FUNDS

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    Defendant, president of plaintiff corporation, misappropriated over 1,000,000incorporatefunds,investing1,000,000 in corporate funds, investing 79,000 thereof in government bonds. With the proceeds from these bonds, defendant set up two corporations, all the capital stock of which was owned by defendant\u27s son and was purchased with plaintiff\u27s money. One Greenslade was hired by defendant, and paid with a part of the misappropriated funds, to experiment with locomotive staybolt testing devices. As a result of the experimentation, Greenslade invented and patented several devices, transferring ownership thereof to one of the two corporations. In a prior action, brought without knowledge of the disposition of the funds, plaintiff recovered a personal judgment against defendant for the amount of the misappropriation. After satisfaction of this judgment to the extent of $4,500 only and a discovery of the above investments, plaintiff brought an action to impose a constructive trust on the patents and inventions. Held, plaintiff was entitled to the patents and inventions on the ground that defendant was a trustee ex maleftcio of the misappropriated funds and all the assets of the two corporations were but the fruit of the proceeds of the trust funds. Flannery v. Flannery Bolt Co., (C. C. A. 3d, 1939) 108 F. (2d) 531

    Pneumovirus Infections: Understanding RSV and HMPV Entry, Replication, and Spread

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    Pneumoviruses including human metapneumovirus (HMPV) and respiratory syncytial virus (RSV) are significant causes of respiratory tract infections globally. Children, elderly, and immunocompromised patients are at the greatest risk for developing severe infections, which can have devastating outcomes. Although these viruses are ubiquitous with significant impacts on human health, there are no antivirals or vaccines available. The only FDA approved therapy is a monoclonal antibody for RSV, given prophylactically during the infectious season, and this treatment is only available for high risk infants. The work presented in this thesis aims to increase our understanding of how these viruses enter, replicate, and spread to better characterize the basic molecular mechanisms used, opening avenues for potential antiviral therapies. We first analyzed the fusion protein of HMPV and how low pH is important for entry of some viral strains. We analyzed previously uncharacterized strains and found that residues initially hypothesized to be critical for low pH fusion are not always required, suggesting a more complex regulation of fusion. We then explored the role of the proteolytic cleavage event which is required for HMPV F as well as many other important respiratory pathogens, including influenza. We found that many proteases involved in activating influenza HA are also important for activating HMPV F, which has not previously been reported. We then used our understanding of cleavage to employ a treatment strategy targeting host proteases involved in this activation to prevent entry and spread. We next conducted a side-by-side comparison of infection, spread, and inhibition using a physiologically relevant 3-D human airway epithelial model system. We found that RSV and HMPV demonstrate significantly different infection and spread kinetics as well as phenotypes during infection, highlighting an interesting dichotomy between two closely related viruses. We further analyzed therapeutic potential for several monoclonal antibodies, finding that prophylactic interventions prevent entry and spread, but treatment after entry suggests that both HMPV and RSV can be inhibited during entry. However, RSV likely spreads through cellular release and re-entry whereas HMPV utilizes a mechanism that is antibody independent after establishing the initial infection. Lastly, we examined the concept of viral co-infections, as co-infections with RSV and HMPV have been reported to cause more severe disease in patients. We provide evidence that RSV and HMPV co-infected cells can occupy the same inclusion bodies, but further investigation suggests that HMPV and RSV replication synergy may be limited. Collectively, the data presented in this dissertation provide new understanding of pneumovirus infections and reveals important information about the molecular mechanisms of pneumovirus entry and spread

    CONSTITUTIONAL LAW - LABOR LAW - PEACEFUL PICKETING GUARANTEED BY DUE PROCESS CLAUSE OF FOURTEENTH AMENDMENT

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    In the recent Thornhill and Carlson decisions the Supreme Court of the United States declared an Alabama statute and a California county ordinance prohibiting all picketing, peaceful or otherwise, unconstitutional on the ground that such broad legislation deprived employees and union members of their right of free speech, guaranteed by the due process clause of the Fourteenth Amendment to the Constitution of the United States. In holding that employees and workers have a constitutional right to publicize the facts of a labor dispute, the Court was but taking another step in its recent crusade for the preservation of civil liberties. The decisions are interesting because of the conflict among state courts as to the validity of legislation of this general type and because of the Court\u27s expansion of the concept of free speech. Of further interest are two problems raised by the decisions-whether there is a reciprocal right in the employer to publicize his side of the labor dispute, and what steps legislatures may now take to regulate picketing

    The Effect of an Abnormal BMI on Orthopaedic Trauma Patients: A Systematic Review and Meta-Analysis

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    Aims: The aim of this systemic review is to identify the complications that arise in operating on orthopaedic trauma patients with an abnormal body mass index (BMI). Materials and Methods: Systematic literature search using a combination of MESH subject headings and free text searching of Medline, Embase, SCOPUS and Cochrane databases in August 2019. Any orthopaedic injury requiring surgery was included. Papers were reviewed and quality assessed by two independent reviewers to select for inclusion. Where sufficiently homogenous, meta-analysis was performed. Results: A total of 26 articles (379,333 patients) were selected for inclusion. All complications were more common in those with a high BMI (>30). The odds ratio (OR) for high BMI patients sustaining post-operative complication of any type was 2.32 with a 23% overall complication rate in the BMI > 30 group, vs. 14% in the normal BMI group (p < 0.05). The OR for mortality was 3.5. The OR for infection was 2.28. The OR for non-union in tibial fractures was 2.57. Thrombotic events were also more likely in the obese group. Low BMI (<18.5) was associated with a higher risk of cardiac complications than either those with a normal or high BMI (OR 1.56). Conclusion: Almost all complications are more common in trauma patients with a raised BMI. This should be made clear during the consent process, and strategies developed to reduce these risks where possible. Unlike in elective surgery, BMI is a non-modifiable risk factor in the trauma context, but an awareness of the complications should inform clinicians and patients alike. Underweight patients have a higher risk of developing cardiac complications than either high or normal BMI patient groups, but as few studies exist, further research into this group is recommende

    Waves of potentiality: Some thoughts on database narratives and the digital dissemination of audio-visual practice research

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    I'm currently completing the dissemination stage of my practice/research (P/R) AHRC Fellowship in the Creative and Performing Arts. The ‘outcomes’ of the project include a linear finished film, some text in the form of articles, along with the selection of other materials, including rushes, stills and more text (both academic writing, article journals and more speculative/creative material)

    Ferroelectric materials for neuromorphic computing

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    Ferroelectric materials are promising candidates for synaptic weight elements in neural network hardware because of their nonvolatile multilevel memory effect. This feature is crucial for their use in mobile applications such as inference when vector matrix multiplication is performed during portable artificial intelligence service. In addition, the adaptive learning effect in ferroelectric polarization has gained considerable research attention for reducing the CMOS circuit overhead of an integrator and amplifier with an activation function. In spite of their potential for a weight and a neuron, material issues have been pointed out for commercialization in conjunction with CMOS processing and device structures. Herein, we review ferroelectric synaptic weights and neurons from the viewpoint of materials in relation to device operation, along with discussions and suggestions for improvement. Moreover, we discuss the reliability of HfO2 as an emerging material and suggest methods to overcome the scaling issue of ferroelectrics.11Ysciescopu

    Boundary Layer Transition Flight Experiment Overview and In-Situ Measurements

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    In support of the Boundary Layer Transition Flight Experiment (BLTFE) Project, a manufactured protuberance tile was installed on the port wing of Space Shuttle Orbiter Discovery for the flights of STS-119 and STS-128. Additional instrumentation was also installed in order to obtain more spatially resolved measurements downstream of the protuberance. This paper provides an overview of the BLTFE Project, including the project history, organizations involved, and motivations for the flight experiment. Significant efforts were made to place the protuberance at an appropriate location on the Orbiter and to design the protuberance to withstand the expected environments. Efforts were also extended to understand the as-fabricated shape of the protuberance and the thermal protection system tile configuration surrounding the protuberance. A high-level overview of the in-situ flight data is presented, along with a summary of the comparisons between pre- and post-flight analysis predictions and flight data. Comparisons show that predictions for boundary layer transition onset time closely match the flight data, while predicted temperatures were significantly higher than observed flight temperatures

    Managing the Socially Marginalized: Attitudes Towards Welfare, Punishment and Race

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    Welfare and incarceration policies have converged to form a system of governance over socially marginalized groups, particularly racial minorities. In both of these policy areas, rehabilitative and social support objectives have been replaced with a more punitive and restrictive system. The authors examine the convergence in individual-level attitudes concerning welfare and criminal punishment, using national survey data. The authors\u27 analysis indicates a statistically significant relationship between punitive attitudes toward welfare and punishment. Furthermore, accounting for the respondents\u27 racial attitudes explains the bivariate relationship between welfare and punishment. Thus, racial attitudes seemingly link support for punitive approaches to opposition to welfare expenditures. The authors discuss the implications of this study for welfare and crime control policies by way of the conclusion
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