United States v. Hayashi: Taking Aim at the Marine Mammal Protection Act

The Marine Mammal Protection Act (MMPA) was enacted in 1972, in an effort to curb the increasing fatality rates of marine mammals that were caused, in part, by fishermen. Upon enacting the MMPA, Congress implemented a taking provision - the core provision - which prohibits the take of any marine mammal, with certain exceptions for commercial fishermen. A criminal case involving the take provision, United States v. Hayashi, charged David Hayashi, a non-commercial fisherman, with violating the MMPA by firing a rifle at porpoises that were chasing his tuna catch. The Ninth Circuit Court of Appeals reversed Hayashi\u27s conviction, effectively extending a statutory exemption to non-commercial fishermen. Following upon the heels of the Hayashi decision, Congress passed an amendment to the MMPA allowing general deterrence measures to be used to protect one\u27s gear, catch or property. Pursuant to the amendment, regulations were proposed to implement the amendment. This Article begins by reviewing the broad goals of the MMPA, followed by an examination of the holding in the Hayashi case. Further, the Article reviews and analyzes the relevant amendment and proposed regulations to the taking provision, concluding that the proposed regulations were written in unjustifiable haste and will result in undermining the goals of the MMPA, by increasing marine mammal injury and fatality rate, at the hands of fishermen

“Getting to Green”: Developing Analysis with Generative AI

Students in analytical writing courses can struggle to fully grasp the difference between observing/describing features of a text and making interpretive claims rooted in close reading and analysis of those features. This multi-part class activity uses color coding and generative AI to establish a clearer framework for students to understand the relationship, as well as the critical distinctions, between observation or description and close reading or analysis. It also helps students identify the affordances and limitations of generative AI in helping them iterate, analyze, produce, and revise writing, as well as models for them strong iterative writing practices, including identifying areas/opportunities for revision and articulating strategies and next steps to pursue revision

Economic Assessment of 4 Approaches to the Diagnosis and Initial Treatment of Sleep Apnea

BACKGROUND: A dilemma faced by health-care administrators is that need greatly outstrips capacity for diagnosing and treating sleep apnea, with such decisions carrying significant economic consequences. Our objective was to develop an economic model to estimate the relative costs of 4 approaches for diagnosis and initial treatment of sleep apnea. METHODS: The analysis consisted of developing a mathematical model depicting possible diagnostic and treatment approaches to the care of patients with sleep apnea; developing 4 clinical scenarios to describe distinct approaches to the management of sleep apnea patients (in-laboratory, unattended, direct-to-autotitrating PAP [auto-PAP], and mixed); and identifying costs associated with each scenario. We created a hypothetical cohort of 1,000 patients with 85% prevalence of sleep apnea to generate cost estimates. RESULTS: The driver of per-patient costs was the total number of sleep studies, which varied widely across scenarios: from 425 for the direct-to-auto-PAP approach to 1,441 in the unattended approach. The scenarios also differed in per-patient costs: Per-patient costs excluding facility startup costs were $456 for direct-to-auto-PAP,$913 for in-laboratory, $991 for mixed, and$1,090 for unattended. CONCLUSIONS: Approaches to diagnosing and treating sleep apnea that emphasized early application of auto-PAP had lower per-patient costs

Icebreaker-3 Drill Integration and Testing at Two Mars-Analog Sites

A decade of evolutionary development of integrated automated drilling and sample handling at analog sites and in test chambers has made it possible to go 1 meter through hard rocks and ice layers on Mars. The latest Icebreaker-3 drill has been field tested in 2014 at the Haughton Crater Marsanalog site in the Arctic and in 2015 with a Mars lander mockup in Rio Tinto, Spain, (with sample transfer arm and with a prototype life-detection instrument). Tests in Rio Tinto in 2015 successfully demonstrated that the drill sample (cuttings) was handed-off from the drill to the sample transfer arm and thence to the on-deck instrument inlet where it was taken in and analyzed ("dirt-to-data")

COMBINED GRAPE SEED EXTRACT AND L-CITRULLINE SUPPLEMENTATION IMPROVES CYCLING TIME TRIAL PERFORMANCE

Studies have shown that L-Citrulline alone improves nitric oxide (NO) production which is beneficial for vasodilation or increasing skeletal blood flow. Grape seed extract (GSE) also has been shown to increase the production of NO via activation of NO synthase, reducing peripheral resistance during exercise. PURPOSE: The aim of this study was to determine if acute administration of the combined GSE and L-Citrulline supplements had a greater effect on exercise performance compared to taking either supplement alone. METHODS: In a randomized cross-over design, 12 healthy male subjects aged between 18 to 30 years were divided into four groups: Placebo (starch), L-Citrulline, GSE, and GSE and L-Citrulline combined. They performed a timed trial (8 km) using a cycle ergometer to evaluate exercise performance after taking each supplement. RESULTS: There was no significant difference in heart rate (HR), systolic blood pressure (SBP), diastolic blood pressure (DBP), and ratings of perceived exertion (RPE) across supplementations. Combined GSE and L-Citrulline supplementation significantly lowered a time trial compared to other supplements (placebo: 19.9±1.0 min; GSE: 19.3±1.0 min; L-Citrulline:19.6±0.9 min; GSE+L-Citrulline; 18.9±1.0 min. CONCLUSION: our results suggest that acute supplementation with combined GSE and L-citrulline appears to be an ergogenic aid that can improve exercise performance

Reducing cardiovascular risk through treatment of obstructive sleep apnea: 2 methodological approaches

Obstructive sleep apnea (OSA) significantly impacts cardiovascular health, demonstrated by observational investigations showing an independently increased risk of ischemic heart disease, diabetes, hypertension, congestive heart failure, acute coronary syndrome, stroke, cardiovascular mortality, and all-cause mortality. Positive airway pressure (PAP), a medical therapy for sleep apnea, reverses airway obstruction and may help reduce cardiovascular risk. Prior to planning large phase III randomized controlled trials to test the impact of PAP on cardiovascular outcomes, several gaps in knowledge need to be addressed. This article describes 2 independent studies that worked collaboratively to fill these gaps. The populations, design features, and relative benefits/challenges of the 2 studies (SleepTight and BestAIR) are described. Both studies were encouraged to have multidisciplinary teams with expertise in behavioral interventions to improve PAP compliance. Both studies provide key information that will be useful to the research community in future large-scale, event-driven, randomized trials to evaluate the efficacy and/or effectiveness of strategies to identify and treat significant OSA for decreasing risk of major adverse cardiovascular events in high-risk patients

Chronic obstructive pulmonary disease in older persons: A comparison of two spirometric definitions

SummaryBackgroundAmong older persons, we previously endorsed a two-step spirometric definition of chronic obstructive pulmonary disease (COPD) that requires a ratio of forced expiratory volume in 1sec to forced vital capacity (FEV1/FVC) below .70, and an FEV1 below the 5th or 10th standardized residual percentile (“SR-tile strategy”).ObjectiveTo evaluate the clinical validity of an SR-tile strategy, compared to a current definition of COPD, as published by the Global Initiative for Obstructive Lung Disease (GOLD-COPD), in older persons.MethodsWe assessed national data from 2480 persons aged 65–80 years. In separate analyses, we evaluated the association of an SR-tile strategy with mortality and respiratory symptoms, relative to GOLD-COPD. As per convention, GOLD-COPD was defined solely by an FEV1/FVC<.70, with severity staged according to FEV1 cut-points at 80 and 50 percent predicted (%Pred).ResultsAmong 831 participants with GOLD-COPD, the risk of death was elevated only in 179 (21.5%) of those who also had an FEV1<5th SR-tile; and the odds of having respiratory symptoms were elevated only in 310 (37.4%) of those who also had an FEV1<10th SR-tile. In contrast, GOLD-COPD staged at an FEV1 50–79%Pred led to misclassification (overestimation) in terms of 209 (66.4%) and 77 (24.6%) participants, respectively, not having an increased risk of death or likelihood of respiratory symptoms.ConclusionRelative to an SR-tile strategy, the majority of older persons with GOLD-COPD had neither an increased risk of death nor an increased likelihood of respiratory symptoms. These results raise concerns about the clinical validity of GOLD guidelines in older persons

3,3′-Ethyl­enebis(3,4-dihydro-6-chloro-2H-1,3-benzoxazine)

The asymmetric unit of the title compound, C18H18Cl2N2O2, contains one half of an independent mol­ecule, the other half being generated via a centre of inversion at the mol­ecular centroid. In the crystal structure, mol­ecular chains are formed through non-classical C—H⋯ O hydrogen bonds between an axial H atom of the oxazine ring and the O atom of a neighbouring mol­ecule

Age Differences in the Association of Obstructive Sleep Apnea Risk with Cognition and Quality of Life

Using a sample of 2925 stroke-free participants drawn from a national population-based study, we examined cross-sectional associations of obstructive sleep apnea risk (OSA) with cognition and quality of life and whether these vary with age, while controlling for demographics and co-morbidities. Included participants from the REasons for Geographic And Racial Differences in Stroke Study were aged 47-93. OSA risk was categorized as high or low based on responses to the Berlin Sleep Questionnaire. Cognitive function was assessed with standardized fluency and recall measures. Depressive symptoms were assessed with the four-item Center for Epidemiologic Studies Depression Scale. Health-related Quality of Life (HRQoL) was assessed with the Medical Outcomes Study Short Form-12 (SF-12). MANCOVA statistics were applied separately to the cognitive and quality of life dependent variables while accounting for potential confounders (demographics, co-morbidities). In fully adjusted models, those at high risk for OSA had significantly lower cognitive scores (Wilks’ Lambda = 0.996, F(3, 2786) = 3.31, p < .05) and lower quality of life (depressive symptoms and HRQoL) (Wilks’ Lambda = 0.989, F(3, 2786) = 10.02, p < .0001). However, some of the associations were age-dependent. Differences in cognition and quality of life between those at high and low obstructive sleep apnea risk were most pronounced during middle age, with attenuated effects after age 70