Procedural Defenses Available to the New-Party Defendant: The Necessity of Obtaining Leave to Amend and Relation Back

The application of the Rules of Civil Procedure to these various situations has been the subject of much judicial attention. In this regard, two issues have provoked the greatest amount of controversy, to wit: (1) whether leave of court is required prior to amendment of the complaint to add a new-party defendant, and (2) when and under what circumstances may a new-party defendant be brought into a civil action after the statute of limitations applicable to the claim asserted against him has expired. It is upon these questions that this paper is primarily focused

Should healthy eating programmes incorporate interaction with foods in different sensory modalities? A review of the evidence

Commercial interventions seeking to promote fruit and vegetable consumption by encouraging preschool- and school-aged children to engage with foods with ‘all their senses’ are increasing in number. We review the efficacy of such sensory interaction programmes and consider the components of these that are likely to encourage food acceptance. Repeated exposure to a food's flavour has robust empirical support in terms of its potential to increase food intake. However, children are naturally reluctant to taste new or disliked foods, and parents often struggle to provide sufficient taste opportunities for these foods to be adopted into the child's diet. We therefore explore whether prior exposure to a new food's non-taste sensory properties, such as its smell, sound, appearance or texture, might facilitate the food's introduction into the child's diet, by providing the child with an opportunity to become partially familiar with the food without invoking the distress associated with tasting it. We review the literature pertaining to the benefits associated with exposure to foods through each of the five sensory modalities in turn. We conclude by calling for further research into the potential for familiarisation with the visual, olfactory, somaesthetic and auditory properties of foods to enhance children's willingness to consume a variety of fruits and vegetables

Observations of the scale-dependent turbulence and evaluation of the flux-gradient relationship for sensible heat for a closed Douglas-fir canopy in very weak wind conditions

Observations of the scale-dependent turbulent fluxes, variances, and the bulk transfer parameterization for sensible heat above, within, and beneath a tall closed Douglas-fir canopy in very weak winds are examined. The daytime sub-canopy vertical velocity spectra exhibit a double-peak structure with peaks at timescales of 0.8 s and 51.2 s. A double-peak structure is also observed in the daytime sub-canopy heat flux co-spectra. The daytime momentum flux co-spectra in the upper bole space and in the sub-canopy are characterized by a relatively large crosswind component, likely due to the extremely light and variable winds, such that the definition of a mean wind direction, and subsequent partitioning of the momentum flux into along- and cross-wind components, has little physical meaning. Positive values of both momentum flux components in the sub-canopy contribute to upward transfer of momentum, consistent with the observed sub-canopy secondary wind speed maximum. For the smallest resolved scales in the canopy at nighttime, we find increasing vertical velocity variance with decreasing timescale, consistent with very small eddies possibly generated by wake shedding from the canopy elements that transport momentum, but not heat. Unusually large values of the velocity aspect ratio within the canopy were observed, consistent with enhanced suppression of the horizontal wind components compared to the vertical by the very dense canopy. The flux–gradient approach for sensible heat flux is found to be valid for the sub-canopy and above-canopy layers when considered separately in spite of the very small fluxes on the order of a few Wm⁻² in the sub-canopy. However, single-source approaches that ignore the canopy fail because they make the heat flux appear to be counter-gradient when in fact it is aligned with the local temperature gradient in both the sub-canopy and above-canopy layers. While sub-canopy Stanton numbers agreed well with values typically reported in the literature, our estimates for the above-canopy Stanton number were much larger, which likely leads to underestimated modeled sensible heat fluxes above dark warm closed canopies

Concerted reductive coupling of an alkyl chloride at Pt(IV)

Oxidation of a doubly cyclometallated platinum(II) complex results in two isomeric platinum(IV) complexes. Whereas the trans isomer is robust, being manipulable in air at room temperature, the cis isomer decomposes at −20 °C and above. Reductive coupling of an alkyl chloride at the cis isomer gives a new species which can be reoxidised. The independence of this coupling on additional halide rules out the reverse of an SN2 reaction, leaving a concerted process as the only sensible reaction pathway

Description of the tympanic regions of Paraechinus and Podogymnura

58 p. : ill. ; 24 cm.Includes bibliographical references (p. 56-58)."Although living hedgehogs have long been regarded [as] the archetypes of the primitive placental mammal, they have nonetheless had a complex Cenozoic history that is reflected in the recognition of three extinct and two living erinaceid subfamilies. Members of one extinct subfamily, the Brachyericinae, underwent a remarkable shortening of the skull and a reduction in the number of teeth during the Oligocene, Miocene, and early Pliocene. This trend culminated in the two North American genera, Brachyerix and Metechinus, in which only three teeth were retained anterior to P[subscript]4. Dimylechinus, a European form from the early Miocene, and Exallerix from the medial Oligocene of Asia both retained at least four teeth anterior to P[subscript]4. None of the four genera had an M[subscript]3. Brachyerix and Metechinus occur from the Great Plains to the Pacific coast of North America. Brachyerix is temporally restricted to the Miocene; Metechinus occurs in late Miocene and early Pliocene sediments. Although both genera are known from several localities, they are never found together, which may reflect an ecological separation of these two forms during temporal overlap. Both are known only from cranial osteology. During the past 40 years, the differences between these two North American genera have not been well defined, and only now with the availability of several specimens of each can the generic boundaries be adequately reviewed. Two species of Brachyerix are recognized in the present paper. Brachyerix macrotis, restricted to the early and medial Miocene, is the larger of the two and differs from B. incertis, new combination (late Miocene), in having a stronger lingual cingulum on P[superscript]3 and in entirely lacking a P[superscript]3 protocone. Metechinus marslandensis can now be synonymized with B. macrotis, whereas Talpa incerta and Metechinus fergusoni are both junior synonyms of B. incertis. Only Metechinus nevadensis still requires generic separation owing to its unique basicranium, small auditory bullae, nature of the sagittal crest, and relatively anteroposteriorly compressed M[subscript]1 trigonid. Dimylechinus bernoullii is an adequate structural ancestor for Brachyerix macrotis and its descendents. However, as both Dimylechinus and Exallerix are known only from single specimens, their relationship to the North American brachyericines as well as to one another is not well understood and will not be until further specimens are found. An appendix describing the ear regions of two living hedgehog genera, Paraechinus and Podogymnura, is included to supplement Butler's (1948) paper on the erinaceid ear region. Paraechinus is the only living erinaceid that has bony tubes covering part of the blood vessels contained in the tympanic cavity, a condition developed to the extreme in the Miocene Brachyerix"--P. [1]-2

Systematic reviews of complementary therapies - an annotated bibliography. Part 1: Acupuncture

Background Complementary therapies are widespread but controversial. We aim to provide a comprehensive collection and a summary of systematic reviews of clinical trials in three major complementary therapies (acupuncture, herbal medicine, homeopathy). This article is dealing with acupuncture. Potentially relevant reviews were searched through the register of the Cochrane Complementary Medicine Field, the Cochrane Library, Medline, and bibliographies of articles and books. To be included articles had to review prospective clinical trials of acupuncture; had to describe review methods explicitly; had to be published; and had to focus on treatment effects. Information on conditions, interventions, methods, results and conclusions was extracted using a pretested form and summarized descriptively. Results From a total of 48 potentially relevant reviews preselected in a screeening process 39 met the inclusion criteria. 22 were on various pain syndromes or rheumatic diseases. Other topics addressed by more than one review were addiction, nausea, asthma and tinnitus. Almost unanimously the reviews state that acupuncture trials include too few patients. Often included trials are heterogeneous regarding patients, interventions and outcome measures, are considered to have insufficient quality and contradictory results. Convincing evidence is available only for postoperative nausea, for which acupuncture appears to be of benefit, and smoking cessation, where acupuncture is no more effective than sham acupuncture. Conclusions A large number of systematic reviews on acupuncture exists. What is most obvious from these reviews is the need for (the funding of) well-designed, larger clinical trials

Evaluation of the antimicrobial activity of ridinilazole and six comparators against Chinese, Japanese and South Korean strains of Clostridioides difficile

BACKGROUND: Clostridioides difficile is the most common cause of antimicrobial-associated diarrhoea in high-income countries. Fluoroquinolone resistance enabled the emergence and intercontinental spread of the epidemic ribotype (RT) 027 strain of C. difficile in the early 2000s. Despite frequent inappropriate antimicrobial use in Asia, RT 027 is rarely isolated in the region, but the often fluoroquinolone- and clindamycin-resistant RT 017 strain predominates. OBJECTIVES: This study evaluated the antimicrobial activity of ridinilazole, a novel antimicrobial agent with highly specific activity for C. difficile, against clinical strains of C. difficile from Asia. METHODS: C. difficile strains from Japan (n = 64), South Korea (n = 32) and China (n = 44) were tested by the agar dilution method for susceptibility to ridinilazole, metronidazole, vancomycin, clindamycin, moxifloxacin, rifaximin and fidaxomicin. RESULTS: All strains were susceptible to ridinilazole, with low MICs (0.03-0.25 mg/L). Several strains showed multiresistance profiles, particularly RT 017 (100% clindamycin resistant, 91.3% moxifloxacin resistant, 82.6% rifaximin resistant) and RT 369 (94.4% clindamycin resistant, 100% moxifloxacin resistant). Rifaximin resistance was absent in all strains from Japan. Multiresistance to clindamycin, moxifloxacin and rifaximin was found in 19 RT 017 strains (from China and South Korea), 2 RT 001 strains (South Korea) and 1 RT 046 strain (South Korea). CONCLUSIONS: Ridinilazole showed potent activity against a range of Asian C. difficile strains, which otherwise frequently displayed resistance to several comparator antimicrobial agents. Ongoing surveillance of antimicrobial resistance profiles is required to monitor and control the spread of resistant strains

Studying commuting behaviours using collaborative visual analytics

Mining a large origin–destination dataset of journeys made through London’s Cycle Hire Scheme (LCHS), we develop a technique for automatically classifying commuting behaviour that involves a spatial analysis of cyclists’ journeys. We identify a subset of potential commuting cyclists, and for each individual define a plausible geographic area representing their workplace. All peak-time journeys terminating within the vicinity of this derived workplace in the morning, and originating from this derived workplace in the evening, we label commutes. Three techniques for creating these workplace areas are compared using visual analytics: a weighted mean-centres calculation, spatial k-means clustering and a kernel density-estimation method. Evaluating these techniques at the individual cyclist level, we find that commuters’ peak-time journeys are more spatially diverse than might be expected, and that for a significant portion of commuters there appears to be more than one plausible spatial workplace area. Evaluating the three techniques visually, we select the density-estimation as our preferred method. Two distinct types of commuting activity are identified: those taken by LCHS customers living outside of London, who make highly regular commuting journeys at London’s major rail hubs; and more varied commuting behaviours by those living very close to a bike-share docking station. We find evidence of many interpeak journeys around London’s universities apparently being taken as part of cyclists’ working day. Imbalances in the number of morning commutes to, and evening commutes from, derived workplaces are also found, which might relate to local availability of bikes. Significant decisions around our workplace analysis, and particularly these broader insights into commuting behaviours, are discovered through exploring this analysis visually. The visual analysis approach described in the paper is effective in enabling a research team with varying levels of analysis experience to participate in this research. We suggest that such an approach is of relevance to many applied research contexts

Transcriptional and Metabolomic Analyses Indicate that Cell Wall Properties are Associated with Drought Tolerance in Brachypodium distachyon

Brachypodium distachyon is an established model for drought tolerance. We previously identified accessions exhibiting high tolerance, susceptibility and intermediate tolerance to drought; respectively, ABR8, KOZ1 and ABR4. Transcriptomics and metabolomic approaches were used to define tolerance mechanisms. Transcriptional analyses suggested relatively few drought responsive genes in ABR8 compared to KOZ1. Linking these to gene ontology (GO) terms indicated enrichment for “regulated stress response”, “plant cell wall” and “oxidative stress” associated genes. Further, tolerance correlated with pre-existing differences in cell wall-associated gene expression including glycoside hydrolases, pectin methylesterases, expansins and a pectin acetylesterase. Metabolomic assessments of the same samples also indicated few significant changes in ABR8 with drought. Instead, pre-existing differences in the cell wall-associated metabolites correlated with drought tolerance. Although other features, e.g., jasmonate signaling were suggested in our study, cell wall-focused events appeared to be predominant. Our data suggests two different modes through which the cell wall could confer drought tolerance: (i) An active response mode linked to stress induced changes in cell wall features, and (ii) an intrinsic mode where innate differences in cell wall composition and architecture are important. Both modes seem to contribute to ABR8 drought tolerance. Identification of the exact mechanisms through which the cell wall confers drought tolerance will be important in order to inform development of drought tolerant crops