110 research outputs found

    Eminent Domain - Restrictive Covenants - Compensability of Equitable Servitudes

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    During appellee sanitation district\u27s negotiations for the purchase of a tract of land owned by one Peterson, the eighteen appellants and thirty-seven other owners of land in the vicinity of Peterson\u27s tract executed with Peterson and each other reciprocal covenants whereby each party agreed that his land should be restricted to certain uses, the use contemplated by appellee for Peterson\u27s land being specifically excluded. When appellee and Peterson failed to reach an agreement in their negotiations and appellee filed a petition for condemnation of the land, appellants presented a cross-petition to the trial court, requesting that they be allowed to intervene in the action as parties respondent and demanding that they be awarded damages because appellee\u27s proposed use of the condemned land would violate their restrictive agreements with Peterson. On appeal from a judgment denying the cross-petition, held, affirmed. Agreements between private parties could not restrict the exercise of the power of eminent domain by an agency of the state. Such agreements could only create contract rights, not property rights compensable in a condemnation proceeding. Also, to require compensation for the taking of such rights would contravene public policy in placing a large and restrictive burden upon the condemning authority. Smith v. Clifton Sanitation District, (Colo. 1956) 300 P. (2d) 548

    Agency - Apparent Authority - Liability of Corporation on Unauthorized Note of General Manager

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    Welch, the general manager, executive vice-president, treasurer, and director of petitioner corporation, requested that respondent, a salesman employed by the corporation, loan petitioner $25,000. Respondent complied, and Welch executed and delivered to respondent a note for the amount of the loan, signed by himself as vice-president and treasurer. After Welch had appropriated the money to his own uses, respondent obtained a judgment by confession against petitioner on the note. On trial of a petition to open the judgment, held, dismissed. Welch had acted with apparent authority in giving respondent petitioner\u27s note, respondent had reasonably relied upon this appearance in accepting the note, and petitioner was therefore bound by the note. Petition of Mulco Products, Inc., (Del. 1956) 123 A. (2d) 95

    Sales - Breach of Warranty - Notice Required by Section 49 of Uniform Sales Act Must Be Given to Seller or His Agent

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    Defendant corporation ordered certain boiler burner units through Burke, the selling agent of a boiler manufacturer. The order having been transmitted by Burke to plaintiff, the manufacturer\u27s exclusive distributer in the area, the burner units were delivered. Defendant discovered certain defects in their specifications, notified Burke to this effect, and withheld payment of part of the purchase price. In an action by plaintiff for this unpaid balance of the agreed price, defendant asserted plaintiff\u27s breach of warranty by way of recoupment. On appeal of the trial court\u27s judgment for plaintiff, held, affirmed. Defendant could not successfully claim breach of warranty without first complying with section 49 of the Uniform Sales Act, which requires the buyer to notify the seller of an alleged breach. While defendant had given notice of its claim to Burke, there were no grounds for upsetting the trial court\u27s determination that Burke was not plaintiff\u27s agent. Dodge Engineering Associates v. Noland Co., (Mun. Ct. App. D.C. 1957) 128 A. (2d) 655

    Wright: Comparative Conflict Resolution Procedures in Taxation

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    A Review of Comparative Conflict Resolution Procedures in Taxation edited by L. Hart Wrigh

    The transition between hole-pairs and four-hole clusters in four-leg tJ ladders

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    Holes weakly doped into a four-leg \tj ladder bind in pairs. At dopings exceeding a critical doping of δc1/8\delta_c\simeq {1/8} four hole clusters are observed to form in DMRG calculations. The symmetry of the ground state wavefunction does not change and we are able to reproduce this behavior qualitatively with an effective bosonic model in which the four-leg ladder is represented as two coupled two-leg ladders and hole-pairs are mapped on hard core bosons moving along and between these ladders. At lower dopings, δ<δc\delta<\delta_c, a one dimensional bosonic representation for hole-pairs works and allows us to calculate accurately the Luttinger liquid parameter \krho, which takes the universal value \krho=1 as half-filling is approached

    A Bosonic Model of Hole Pairs

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    We numerically investigate a bosonic representation for hole pairs on a two-leg t-J ladder where hard core bosons on a chain represent the hole pairs on the ladder. The interaction between hole pairs is obtained by fitting the density profile obtained with the effective model to the one obtained with the \tj model, taking into account the inner structure of the hole pair given by the hole-hole correlation function. For these interactions we calculate the Luttinger liquid parameter, which takes the universal value Kρ=1K_{\rho}=1 as half filling is approached, for values of the rung exchange JJ' between strong coupling and the isotropic case. The long distance behavior of the hole-hole correlation function is also investigated. Starting from large JJ', the correlation length first increases as expected, but diminishes significantly as JJ' is reduced and bound holes sit mainly on adjacent rungs. As the isotropic case is approached, the correlation length increases again. This effect is related to the different kind of bonds in the region between the two holes of a hole pair when they move apart.Comment: 11 page

    ST6GAL1-mediated aberrant sialylation promotes prostate cancer progression

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    Aberrant glycosylation is a universal feature of cancer cells, and cancer-associated glycans have been detected in virtually every cancer type. A common change in tumour cell glycosylation is an increase in α2,6 sialylation of N-glycans, a modification driven by the sialyltransferase ST6GAL1. ST6GAL1 is overexpressed in numerous cancer types, and sialylated glycans are fundamental for tumour growth, metastasis, immune evasion, and drug resistance, but the role of ST6GAL1 in prostate cancer is poorly understood. Here, we analyse matched cancer and normal tissue samples from 200 patients and verify that ST6GAL1 is upregulated in prostate cancer tissue. Using MALDI imaging mass spectrometry (MALDI-IMS), we identify larger branched α2,6 sialylated N-glycans that show specificity to prostate tumour tissue. We also monitored ST6GAL1 in plasma samples from >400 patients and reveal ST6GAL1 levels are significantly increased in the blood of men with prostate cancer. Using both in vitro and in vivo studies, we demonstrate that ST6GAL1 promotes prostate tumour growth and invasion. Our findings show ST6GAL1 introduces α2,6 sialylated N-glycans on prostate cancer cells and raise the possibility that prostate cancer cells can secrete active ST6GAL1 enzyme capable of remodelling glycans on the surface of other cells. Furthermore, we find α2,6 sialylated N-glycans expressed by prostate cancer cells can be targeted using the sialyltransferase inhibitor P-3FAX-Neu5Ac. Our study identifies an important role for ST6GAL1 and α2,6 sialylated N-glycans in prostate cancer progression and highlights the opportunity to inhibit abnormal sialylation for the development of new prostate cancer therapeutics

    Assessing Predicted HIV-1 Replicative Capacity in a Clinical Setting

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    HIV-1 replicative capacity (RC) provides a measure of within-host fitness and is determined in the context of phenotypic drug resistance testing. However it is unclear how these in-vitro measurements relate to in-vivo processes. Here we assess RCs in a clinical setting by combining a previously published machine-learning tool, which predicts RC values from partial pol sequences with genotypic and clinical data from the Swiss HIV Cohort Study. The machine-learning tool is based on a training set consisting of 65000 RC measurements paired with their corresponding partial pol sequences. We find that predicted RC values (pRCs) correlate significantly with the virus load measured in 2073 infected but drug naïve individuals. Furthermore, we find that, for 53 pairs of sequences, each pair sampled in the same infected individual, the pRC was significantly higher for the sequence sampled later in the infection and that the increase in pRC was also significantly correlated with the increase in plasma viral load and with the length of the time-interval between the sampling points. These findings indicate that selection within a patient favors the evolution of higher replicative capacities and that these in-vitro fitness measures are indicative of in-vivo HIV virus load

    Iatrogenic air embolism: pathoanatomy, thromboinflammation, endotheliopathy, and therapies

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    Iatrogenic vascular air embolism is a relatively infrequent event but is associated with significant morbidity and mortality. These emboli can arise in many clinical settings such as neurosurgery, cardiac surgery, and liver transplantation, but more recently, endoscopy, hemodialysis, thoracentesis, tissue biopsy, angiography, and central and peripheral venous access and removal have overtaken surgery and trauma as significant causes of vascular air embolism. The true incidence may be greater since many of these air emboli are asymptomatic and frequently go undiagnosed or unreported. Due to the rarity of vascular air embolism and because of the many manifestations, diagnoses can be difficult and require immediate therapeutic intervention. An iatrogenic air embolism can result in both venous and arterial emboli whose anatomic locations dictate the clinical course. Most clinically significant iatrogenic air emboli are caused by arterial obstruction of small vessels because the pulmonary gas exchange filters the more frequent, smaller volume bubbles that gain access to the venous circulation. However, there is a subset of patients with venous air emboli caused by larger volumes of air who present with more protean manifestations. There have been significant gains in the understanding of the interactions of fluid dynamics, hemostasis, and inflammation caused by air emboli due to in vitro and in vivo studies on flow dynamics of bubbles in small vessels. Intensive research regarding the thromboinflammatory changes at the level of the endothelium has been described recently. The obstruction of vessels by air emboli causes immediate pathoanatomic and immunologic and thromboinflammatory responses at the level of the endothelium. In this review, we describe those immunologic and thromboinflammatory responses at the level of the endothelium as well as evaluate traditional and novel forms of therapy for this rare and often unrecognized clinical condition

    Detecting Subtle Changes in Visuospatial Executive Function and Learning in the Amnestic Variant of Mild Cognitive Impairment

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    BACKGROUND AND PURPOSE: Amnestic mild cognitive impairment (aMCI) is a putative prodromal stage of Alzheimer's disease (AD) characterized by deficits in episodic verbal memory. Our goal in the present study was to determine whether executive dysfunction may also be detectable in individuals diagnosed with aMCI. METHODS: This study used a hidden maze learning test to characterize component processes of visuospatial executive function and learning in a sample of 62 individuals with aMCI compared with 94 healthy controls. RESULTS: Relative to controls, individuals with aMCI made more exploratory/learning errors (Cohen's d = .41). Comparison of learning curves revealed that the slope between the first two of five learning trials was four times as steep for controls than for individuals with aMCI (Cohen's d = .64). Individuals with aMCI also made a significantly greater number of rule-break/error monitoring errors across learning trials (Cohen's d = .21). CONCLUSIONS: These results suggest that performance on a task of complex visuospatial executive function is compromised in individuals with aMCI, and likely explained by reductions in initial strategy formulation during early visual learning and "on-line" maintenance of task rules
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