Recent Developments Under the Dead Man Statute

The Dead Man Statutes of the several states, which exclude testimony by interested parties in certain cases, stand in the unique position of being condemned by all the modern writers on the law of evidence. Yet this exception to the abrogation of the common law rule against testimony by interested parties still survives in the majority of the states, and furthermore, the courts are generally agreed that the statutes are to be strictly construed. However, in the application to a particular set of facts, such as whether the interested survivor may deny that a transaction took place, or whether the statute is applicable to proceedings in probate or contest of a will, the decisions are in hopeless conflict, due more or less to the phraseology of the particular statute. Since no other state has a statute closely resembling that of Washington, extra-state precedents are of slight value. It remains for us to look to the recent decisions of the Washington court to determine the applicability of the statute and thus perhaps better judge whether the widespread criticism of the statute is warranted

A Randomized, Double-blind, Placebo-controlled Study of the Safety and Efficacy of Lessertia frutescens (L.) Goldblatt and J.C. Manning (syn. Sutherlandia frutescens (L.) R. Br.) in HIV-infected South Africans : Protocol

Protocol Number: TICIPS002_RP01NIH: National Center for Complementary and Alternative MedicinesFogarty International CenterSponsor: National Center for Complementary and Alternative Medicine National Institutes of Health (http://nccam.nih.gov)On July 9, 2015, the file was updated from the 2009-12 version to Version 7.5 (Protocol Revision Date April 05, 2010)

Space-Time Foam From Non-Commutative Instantons

We show that a U(1) instanton on non-commutative R^4 corresponds to a supersymmetric non-singular U(1) gauge field on a commutative Kahler manifold X which is a blowup of C^2 at a finite number of points. For instanton charge k the manifold X can be viewed as a space-time foam. A direct connection with integrable systems of Calogero-Moser type is established. We also make some comments on the non-abelian case.Comment: harvmac, 22 pp; v.2, refs added, a section adde

Development of Lunar Highland REgolith Simulants, NU-LHT-1M,-2M

As part of a collaborative agreement between the U.S, Geological Survey (USGS) and NASA's Marshall Space Flight Center (MSFC) lunar highland simulants are being produced to support engineers and scientists in developing the technologies required to put a base on the moon by 2024. Two simulants have been produced to date: NU-LHT-1M and -2M (NASA/USGS-Lunar Highlands Type-l & 2 Medium-grained). Using starting material chiefly collected from the Stillwater Mine, Nye, MT, blending protocols were developed based on normative mineralogy calculated from average chemistry, for the Apollo 16 regolith. New technologies using a high temperature remotely coupled plasma melter were developed to generate both high quality and agglutinitic glasses that simulate the glassy components of the regolith. Detailed chemical, mineralogical and physical properties analysis of NU-LHT-1M indicate that it is overall a good surrogate for highlands lunar regolith (our new simulant LHT-2M has not be analyzed yet). The primary difference between 1M and 2M was the inclusion of trace mineralogy (phosphates and sulfide). Plans will also be presented on the future direction of the simulant project

The effect of tonsillectomy on the morbidity from recurrent tonsillitis

Background Tonsillitis is a common condition with an incidence in UK general practice of 37 per 1000 population a year.1 Recurrent tonsillitis results in significant morbidity and impacts on individuals’ quality of life. This study assesses the morbidity and quality of life of adults with recurrent tonsillitis, and the impact of surgical intervention on their health state. Objectives To describe disease-specific and global quality of life for adults with recurrent tonsillitis 6 months after tonsillectomy, using two instruments: the health impact of throat problems (HITP) and EuroQol-visual analogue scale questionnaire. To assess the overall health benefit from tonsillectomy as an intervention using the Glasgow Benefit Inventory (GBI). To assess potential predictors of tonsillectomy benefit. Design A prospective, observational cohort audit of patients who have fulfilled Scottish Intercollegiate Guideline Network (SIGN) criteria for tonsillectomy.2 Setting Secondary care, teaching hospital. Participants Seventy patients (57 female), median age 20 years (range 13-41). Results Median preoperative HITP was 47 (range 15-67), compared to 4 (0-72), (P<.001) 6 months following surgery. Median HITP difference was 39.5 (range −20 to 75). There was no significant change in global Quality of Life. Median overall 6 months GBI was 39 (−3 to 100). Patients had an average of 27 episodes of tonsillitis over a period of seven years before “achieving” tonsillectomy, significantly higher than the SIGN guidelines of three or more episodes over three years. Conclusions Recurrent tonsillitis causes a poor disease-specific quality of life. Patients experienced a median of three episodes per year for seven years before tonsillectomy. Following tonsillectomy, patients had a significant improvement in their disease-specific quality of life. Baseline HITP significantly improved after tonsillectomy. The results imply patients with recurrent acute tonsillitis may be experiencing undue dela

The Nuclear Ionized Gas in the Radio Galaxy M84 (NGC 4374)

We present optical images of the nucleus of the nearby radio galaxy M84 (NGC 4374 = 3C272.1) obtained with the Wide Field/Planetary Camera 2 (WFPC2) aboard the Hubble Space Telescope (HST). Our three images cover the H$\alpha$ + [N II] emission lines as well as the V and I continuum bands. Analysis of these images confirms that the H$\alpha$ + [N II] emission in the central 5'' (410 pc) is elongated along position angle (P.A.) \approx 72\arcdeg, which is roughly parallel to two nuclear dust lanes.Our high-resolution images reveal that the H$\alpha$ + [N II] emission has three components, namely a nuclear gas disk,an `ionization cone', and outer filaments. The nuclear disk of ionized gas has diameter $\approx 1'' = 82$ pc and major axis P.A. \approx 58\arcdeg \pm 6\arcdeg. On an angular scale of 0\farcs5, the major axis of this nuclear gas disk is consistent with that of the dust. However, the minor axis of the gas disk (P.A. \approx 148\arcdeg) is tilted with respect to that of the filamentary H$\alpha$ + [N II] emission at distances > 2'' from the nucleus; the minor axis of this larger scale gas is roughly aligned with the axis of the kpc-scale radio jets (P.A. \approx 170\arcdeg). The ionization cone (whose apex is offset by \approx 0\farcs3 south of the nucleus) extends 2'' from the nucleus along the axis of the southern radio jet. This feature is similar to the ionization cones seen in some Seyfert nuclei, which are also aligned with the radio axes.Comment: 11 pages plus 4 figure

Macroinvertebrate community response to inter-annual and regional river flow regime dynamics

Spatio-temporal variability in river flow is a fundamental control on instream habitat structure and riverine ecosystem biodiversity and integrity. However, long-term riverine ecological time-series to test hypotheses about hydrology–ecology interactions in a broader temporal context are rare, and studies spanning multiple rivers are often limited in their temporal coverage to less than five years. To address this research gap, a unique spatio-temporal hydroecological analysis was conducted of long-term instream ecological responses (1990–2000) to river flow regime variability at 83 sites across England and Wales. The results demonstrate clear hydroecological associations at the national scale (all data). In addition, significant differences in ecological response are recorded between three ‘regions’ identified (RM1–3*) associated with characteristics of the flow regime. The effect of two major supra-seasonal droughts (1990–1992 and 1996–1997) on inter-annual (IA) variability of the LIFE scores is evident with both events showing a gradual decline before and recovery of LIFE scores after the low flow period. The instream community response to high magnitude flow regimes (1994 and 1995) is also apparent, although these associations are less striking. The results demonstrate classification of rivers into flow regime regions offers a way to help unravel complex hydroecological associations. The approach adopted herein could easily be adapted for other geographical locations, where datasets are available. Such work is imperative to understand flow regime–ecology interactions in a longer term, wider spatial context and so assess future hydroecological responses to climate change and anthropogenic modification of riverine ecosystems

Selection of river flow indices for the assessment of hydroecological change

A wide range of ‘ecologically relevant’ hydrological indices (variables) have been identified as potential drivers of riverine communities. Recently, concerns have been expressed regarding index redundancy (i.e. similar patterns of variance) across the host of hydrological descriptors on offer to researchers and water resource managers. Some guiding principles are required to aid selection of the most statistically defensible and meaningful river flow indices for hydroecological analysis. In this short communication, we investigate the utility of a principal components analysis (PCA)-based method that identifies 25 hydrological variables to characterise the major modes of statistical variation in 201 hydrological indices for 83 rivers across England and Wales. The emergent variables, and all 201 hydrological variables, are used to develop regression models [for the whole data set and three river flow regime shape (i.e. annual hydrograph form) classes] for an 11-year macroinvertebrate community dataset (i.e. LIFE scores). The same ‘best’ models are produced using the PCA-based method and all 201 hydrological variables for two of the three river flow regime groups. However, weaker models are yielded by the PCA-based method for the remaining (flashy) river flow regime class and the whole data set (all 83 rivers). Thus, it is important to exercise caution when employing data reduction/ index redundancy approaches, as they may reject variables of ecological significance due to the assumption that the statistically dominant sources of hydrological variability are the principal drivers of, perhaps more subtle (sensitive), hydroecological associations

Tubuloglomerular feedback and interstitial pressure in obstructive nephropathy

Tubuloglomerular feedback and interstitial pressure in obstructive nephropathy. The possible role of the tubuloglomerular feedback (TGF) mechanism in the altered glomerular hemodynamics and tubular reabsorption which occur with prolonged (24-hr) ureteral obstruction and the changes in renal interstitial hydrostatic and oncotic pressure which may modulate TGF sensitivity were examined. The proximal tubule stop-flow pressure (PSF) response to increased distal tubular flow rates (TGF activity) was determined in rats with sham operation, 24-hr unilateral ureteral obstruction (UUO), or 24-hr bilateral ureteral obstruction (BUO), both before and for 2 hr after relief of obstruction. Subcapsular hydrostatic pressure, lymph flow and oncotic pressure, clearance and excretory data were measured in the second series of animals. During and after release of UUO, TGF sensitivity was increased, as indicated by the marked decrease in the loop perfusion rate at which 50% of the maximum decrease in PSF occurred (the turning point of TGF activation). Interstitial oncotic pressure but not hydrostatic pressure was significantly increased in UUO kidneys. In BUO rats, the turning point for TGF activation was slightly higher than the controls and the change in PSF with maximum loop perfusion rates was reduced, indicating a blunting of the TGF response before and particularly during postobstructive diuresis after release of BUO. Interstitial hydrostatic and oncotic pressures were both slightly increased resulting in no changes in net interstitial Starling forces. We conclude that enhanced TGF sensitivity after release of prolonged UUO, associated with increased interstitial oncotic pressure, may play a role in preventing postobstructive diuresis, while the blunting of TGF sensitivity after BUO may contribute to this phenomenon.Rétrocontrôle glomérulo-tubulaire et pression interstitielle au cours de la néphropathie obstructive. Le rôle possible du mécanisme de rétrocontrôle glomérulo-tubulaire (TGF) dans l'altération de l'hémadynamique glomérulaire et la réabsorption tubulaire qui se produisent lors d'une obstruction urétérale prolongée (24 heures) et les modifications des pressions hydrostatiques et oncotiques interstitielles rénales qui pourraient moduler la sensibilité TGF ont été étudiés. La réponse de pression en flux interrompu (PSF) du tubule proximal à une augmentation des débits tubulaires distaux a été déterminée chez des rats ayant subi un simulacre d'intervention, lors d'une obstruction urétérale unilatérale de 24 heures (UUO) ou lors d'une obstruction urétérale bilatérale de 24 heures (BUO), avant et 2 heures après la levée de l'obstruction. La pression hydrostatique sous-capsulaire, le flux et la pression oncotique lymphatiques, les paramètres de clearance et d'excrétion ont été mesurés chez une deuxième série d'animaux. Pendant et après levée de l'UUO, la sensibilité TGF a augmenté, comme le montrait la diminution marquée du débit de perfusion de l'anse pour lequel 50% de la chute maximale de PSF se produisait (le point d'inflexion de l'activation TGF). La pression oncotique mais non la pression hydrostatique interstitielle était significativement accrue dans les reins UUO. Chez les rats BUO, le point d'inflexion de l'activation TGF était légèrement plus élevé que chez les contrôles, et la modification de PSF aux débits de perfusion de l'anse maxima était diminuée, indiquant une altération de la réponse TGF avant et surtout pendant la diurèse post-obstructive, après levée de la BUO. Les pressions interstitielles hydrostatiques et oncotiques légèrement augmentées, d'où l'absence de modification des forces de Starling interstitielles nettes. Nous concluons que l'augmentation de la sensibilité TGF après levée d'une UUO prolongée associée à une élévation de la pression oncotique interstitielle, pourrait jouer un rôle pour prévenir la diurèse post-obstructive, alors que l'altération de la sensibilité TGF après BUO pourrait contribuer à ce phénomène

The built environment predicts observed physical activity

Background: In order to improve our understanding of the relationship between the built environment and physical activity, it is important to identify associations between specific geographic characteristics and physical activity behaviors. Purpose: Examine relationships between observed physical activity behavior and measures of the built environment collected on 291 street segments in Indianapolis and St. Louis. Methods: Street segments were selected using a stratified geographic sampling design to ensure representation of neighborhoods with different land use and socioeconomic characteristics. Characteristics of the built environment on-street segments were audited using two methods: in-person field audits and audits based on interpretation of Google Street View imagery with each method blinded to results from the other. Segments were dichotomized as having a particular characteristic (e.g., sidewalk present or not) based on the two auditing methods separately. Counts of individuals engaged in different forms of physical activity on each segment were assessed using direct observation. Non-parametric statistics were used to compare counts of physically active individuals on each segment with built environment characteristic. Results: Counts of individuals engaged in physical activity were significantly higher on segments with mixed land use or all non-residential land use, and on segments with pedestrian infrastructure (e.g., crosswalks and sidewalks) and public transit. Conclusion: Several micro-level built environment characteristics were associated with physical activity. These data provide support for theories that suggest changing the built environment and related policies may encourage more physical activity