CORPORATIONS-SECURITIES EXCHANGE ACT OF 1934-EQUITABLE PRINCIPLES AS A BAR TO SHORT SWING RECOVERY UNDER SECTION 16(b)

Plaintiff corporation, after receiving authority from the Corporation Commissioner of California, gave to its key employees including defendants ( who were officers of the corporation) options to purchase certain stock of the plaintiff. The plan originated with the president of the corporation and the agreement took place at a time when the stock was unlisted. At no time subsequent to the stock being listed on a stock exchange did the plaintiff advise defendants of the short swing-requirements that arose from listing. Plaintiff\u27s purpose in granting the option was to retain the services of its key employees and to induce these employees to expend their best efforts in the corporation\u27s interest. The president of the plaintiff corporation advised defendants that they should take up their options annually to achieve a tax advantage, and that they could get funds by selling the purchased stock. Defendants exercised their options and sold stock within a six month period, profiting thereby. At the demand of a stockholder (who was not such at the time of the agreement and who bought ten shares subsequent thereto) plaintiff brought suit to recover profits under section 16(b) of the Securities Exchange Act of 1934. Held, plaintiff cannot recover. The declared purpose of section 16(b) is to prevent the use of inside information. Since the corporation initiated and set up the entire plan and assured defendants of its validity, the corporation is now estopped from recovering profits made in pursuance of this agreement from the defendants who acted in good faith. Consolidated Engineering Corporation v. Nesbit, (D.C. Cal. 1951) 102 F. Supp. 112

INSURANCE-INSURABLE INTEREST-JOINT ADVENTURERS

Plaintiff and the deceased were operating an airplane commercially. Plaintiff had purchased the plane, and was paying the deceased $25 per week plus half of the profits of the venture. The deceased acted as pilot, and was instrumental in obtaining business. Plaintiff took out insurance on the plane, and also on the life of the deceased, although their only relationship was through the joint venture. The plane was wrecked and the deceased was killed while on company business. The claim for the plane was paid, but the defendant refused to pay on the life insurance policy, claiming that the plaintiff had no insurable interest in the life of the deceased. The case was submitted to a jury which found that the plaintiff had an insurable interest. Defendant appealed. Held, affirmed. It was not necessary to prove that the death of the insured resulted in a substantial loss to the beneficiary . . . . It is sufficient that the beneficiary has a reasonable expectation of some benefit or advantage from the continuance of the life of the assured. Indemnity Ins. Co. of North America v. Dow, (6th Cir. 1949) 174 F. (2d) 168

WILLS-HOLOGRAPHIC-EVIDENCE AS TO TESTAMENTARY INTENT

The deceased had in her possession, at the time of her death, an envelope entitled \u27Will of Ella McNair. The envelope contained three separate sheets of paper dated some nineteen months prior to Ella\u27s death, upon which was written, entirely in the hand of the deceased, what purported to be a will. The document opened with the statement I, Ella McNair . . . do hereby make my last will. The exordium was followed by fifteen specific bequests, and then the writing ended abruptly at the middle of the back of the third sheet. At the top of the second sheet was written \u27Will of Ella McNair, and \u27Will. Ella McNair was at the top of the third. Ella had, with a few exceptions, followed the form of a holographic will provided by her attorney. She had omitted the clause revoking prior wills, the clause appointing an executor, and her signature. There was evidence that before and during Ella\u27s final visit to the hospital, the instrument in question was not regarded by her as her will, and that she was planning to draw up a new one. The will was admitted to the probate, and the contestants appealed. Held, affirmed, two justices dissenting. Taking into account the general appearance of the writing, the language and phraseology employed therein, . . . we are constrained to hold that there was, at least in the mind of Mrs. McNair, a document before her sufficiently complete to induce her to affix her name thereon [referring to the inscription \u27Will. Ella McNair\u27 at the top of the third page] in token of execution of the same as her will. In re McNair\u27s Estate, (S.D. 1949) 38 N.W. (2d) 449

Thermodynamic Comparison and the Ideal Glass Transition of A Monatomic Systems Modeled as an Antiferromagnetic Ising Model on Husimi and Cubic Recursive Lattices of the Same Coordination Number

Two kinds of recursive lattices with the same coordination number but different unit cells (2-D square and 3-D cube) are constructed and the antiferromagnetic Ising model is solved exactly on them to study the stable and metastable states. The Ising model with multi-particle interactions is designed to represent a monatomic system or an alloy. Two solutions of the model exhibit the crystallization of liquid, and the ideal glass transition of supercooled liquid respectively. Based on the solutions, the thermodynamics on both lattices was examined. In particular, the free energy, energy, and entropy of the ideal glass, supercooled liquid, crystal, and liquid state of the model on each lattice were calculated and compared with each other. Interactions between particles farther away than the nearest neighbor distance are taken into consideration. The two lattices show comparable properties on the transition temperatures and the thermodynamic behaviors, which proves that both of them are practical to describe the regular 3-D case, while the different effects of the unit types are still obvious.Comment: 27 pages, 13 figure

Analytical method for perturbed frozen orbit around an Asteroid in highly inhomogeneous gravitational fields : A first approach

This article provides a method for nding initial conditions for perturbed frozen orbits around inhomogeneous fast rotating asteroids. These orbits can be used as reference trajectories in missions that require close inspection of any rigid body. The generalized perturbative procedure followed exploits the analytical methods of relegation of the argument of node and Delaunay normalisation to arbitrary order. These analytical methods are extremely powerful but highly computational. The gravitational potential of the heterogeneous body is rstly stated, in polar-nodal coordinates, which takes into account the coecients of the spherical harmonics up to an arbitrary order. Through the relegation of the argument of node and the Delaunay normalization, a series of canonical transformations of coordinates is found, which reduces the Hamiltonian describing the system to a integrable, two degrees of freedom Hamiltonian plus a truncated reminder of higher order. Setting eccentricity, argument of pericenter and inclination of the orbit of the truncated system to be constant, initial conditions are found, which evolve into frozen orbits for the truncated system. Using the same initial conditions yields perturbed frozen orbits for the full system, whose perturbation decreases with the consideration of arbitrary homologic equations in the relegation and normalization procedures. Such procedure can be automated for the first homologic equation up to the consideration of any arbitrary number of spherical harmonics coefficients. The project has been developed in collaboration with the European Space Agency (ESA)

ON the CONSERVATION of the VERTICAL ACTION in GALACTIC DISKS

We employ high-resolution N-body simulations of isolated spiral galaxy models, from low-amplitude, multi-armed galaxies to Milky Way-like disks, to estimate the vertical action of ensembles of stars in an axisymmetrical potential. In the multi-armed galaxy the low-amplitude arms represent tiny perturbations of the potential, hence the vertical action for a set of stars is conserved, although after several orbital periods of revolution the conservation degrades significantly. For a Milky Way-like galaxy with vigorous spiral activity and the formation of a bar, our results show that the potential is far from steady, implying that the action is not a constant of motion. Furthermore, because of the presence of high-amplitude arms and the bar, considerable in-plane and vertical heating occurs that forces stars to deviate from near-circular orbits, reducing the degree at which the actions are conserved for individual stars, in agreement with previous results, but also for ensembles of stars. If confirmed, this result has several implications, including the assertion that the thick disk of our Galaxy forms by radial migration of stars, under the assumption of the conservation of the action describing the vertical motion of stars. © 2016. The American Astronomical Society. All rights reserved

Acute kidney disease and renal recovery : consensus report of the Acute Disease Quality Initiative (ADQI) 16 Workgroup

Consensus definitions have been reached for both acute kidney injury (AKI) and chronic kidney disease (CKD) and these definitions are now routinely used in research and clinical practice. The KDIGO guideline defines AKI as an abrupt decrease in kidney function occurring over 7 days or less, whereas CKD is defined by the persistence of kidney disease for a period of > 90 days. AKI and CKD are increasingly recognized as related entities and in some instances probably represent a continuum of the disease process. For patients in whom pathophysiologic processes are ongoing, the term acute kidney disease (AKD) has been proposed to define the course of disease after AKI; however, definitions of AKD and strategies for the management of patients with AKD are not currently available. In this consensus statement, the Acute Disease Quality Initiative (ADQI) proposes definitions, staging criteria for AKD, and strategies for the management of affected patients. We also make recommendations for areas of future research, which aim to improve understanding of the underlying processes and improve outcomes for patients with AKD

Optimizing administrative datasets to examine acute kidney injury in the era of big data: Workgroup statement from the 15^th ADQI Consensus Conference

Purpose of review: The purpose of this review is to report how administrative data have been used to study AKI, identify current limitations, and suggest how these data sources might be enhanced to address knowledge gaps in the field. Objectives: 1) To review the existing evidence-base on how AKI is coded across administrative datasets, 2) To identify limitations, gaps in knowledge, and major barriers to scientific progress in AKI related to coding in administrative data, 3) To discuss how administrative data for AKI might be enhanced to enable "communication" and "translation" within and across administrative jurisdictions, and 4) To suggest how administrative databases might be configured to inform 'registry-based' pragmatic studies. Source of information: Literature review of English language articles through PubMed search for relevant AKI literature focusing on the validation of AKI in administrative data or used administrative data to describe the epidemiology of AKI. Setting: Acute Dialysis Quality Initiative (ADQI) Consensus Conference September 6-7th, 2015, Banff, Canada Patients: Hospitalized patients with AKI Key messages: The coding structure for AKI in many administrative datasets limits understanding of true disease burden (especially less severe AKI), its temporal trends, and clinical phenotyping. Important opportunities exist to improve the quality and coding of AKI data to better address critical knowledge gaps in AKI and improve care. Methods: A modified Delphi consensus building process consisting of review of the literature and summary statements were developed through a series of alternating breakout and plenary sessions. Results: Administrative codes for AKI are limited by poor sensitivity, lack of standardization to classify severity, and poor contextual phenotyping. These limitations are further hampered by reduced awareness of AKI among providers and the subjective nature of reporting. While an idealized definition of AKI may be difficult to implement, improving standardization of reporting by using laboratory-based definitions and providing complementary information on the context in which AKI occurs are possible. Administrative databases may also help enhance the conduct of and inform clinical or registry-based pragmatic studies. Limitations: Data sources largely restricted to North American and Europe Implications: Administrative data are rapidly growing and evolving, and represent an unprecedented opportunity to address knowledge gaps in AKI. Progress will require continued efforts to improve awareness of the impact of AKI on public health, engage key stakeholders, and develop tangible strategies to reconfigure infrastructure to improve the reporting and phenotyping of AKI. Why is this review important?: Rapid growth in the size and availability of administrative data has enhanced the clinical study of acute kidney injury (AKI). However, significant limitations exist in coding that hinder our ability to better understand its epidemiology and address knowledge gaps. The following consensus-based review discusses how administrative data have been used to study AKI, identify current limitations, and suggest how these data sources might be enhanced to improve the future study of this disease. What are the key messages?: The current coding structure of administrative data is hindered by a lack of sensitivity, standardization to properly classify severity, and limited clinical phenotyping. These limitations combined with reduced awareness of AKI and the subjective nature of reporting limit understanding of disease burden across settings and time periods. As administrative data become more sophisticated and complex, important opportunities to employ more objective criteria to diagnose and stage AKI as well as improve contextual phenotyping exist that can help address knowledge gaps and improve care

Suicide Prevention in an Emergency Department Population: The ED-SAFE Study

Importance: Suicide is a leading cause of deaths in the United States. Although the emergency department (ED) is an opportune setting for initiating suicide prevention efforts, ED-initiated suicide prevention interventions remain underdeveloped. Objective: To determine whether an ED-initiated intervention reduces subsequent suicidal behavior. Design, Setting, and Participants: This multicenter study of 8 EDs in the United States enrolled adults with a recent suicide attempt or ideation and was composed of 3 sequential phases: (1) a treatment as usual (TAU) phase from August 2010 to December 2011, (2) a universal screening (screening) phase from September 2011 to December 2012, and (3) a universal screening plus intervention (intervention) phase from July 2012 to November 2013. Interventions: Screening consisted of universal suicide risk screening. The intervention phase consisted of universal screening plus an intervention, which included secondary suicide risk screening by the ED physician, discharge resources, and post-ED telephone calls focused on reducing suicide risk. Main Outcomes and Measures: The primary outcome was suicide attempts (nonfatal and fatal) over the 52-week follow-up period. The proportion and total number of attempts were analyzed. Results: A total of 1376 participants were recruited, including 769 females (55.9%) with a median (interquartile range) age of 37 (26-47) years. A total of 288 participants (20.9%) made at least 1 suicide attempt, and there were 548 total suicide attempts among participants. There were no significant differences in risk reduction between the TAU and screening phases (23% vs 22%, respectively). However, compared with the TAU phase, patients in the intervention phase showed a 5% absolute reduction in suicide attempt risk (23% vs 18%), with a relative risk reduction of 20%. Participants in the intervention phase had 30% fewer total suicide attempts than participants in the TAU phase. Negative binomial regression analysis indicated that the participants in the intervention phase had significantly fewer total suicide attempts than participants in the TAU phase (incidence rate ratio, 0.72; 95% CI, 0.52-1.00; P = .05) but no differences between the TAU and screening phases (incidence rate ratio, 1.00; 95% CI, 0.71-1.41; P = .99). Conclusions and Relevance: Among at-risk patients in the ED, a combination of brief interventions administered both during and after the ED visit decreased post-ED suicidal behavior

Regional and social differences concerning overweight, participation in health check-ups and vaccination. Analysis of data from a whole birth cohort of 6-year old children in a prosperous German city

<p>Abstract</p> <p>Background</p> <p>Studies on health inequalities still focus mostly on adults. Research about social disparities and health in children is slowly increasing, also in Germany, but these studies are mostly restricted to individual social variables derived from the parents to determine social class. This paper analyses the data of the medical check-up prior to school enrolment to determine differences concerning overweight, participation in health check-ups and immunization; it includes individual social variables but also regional variables describing the social environment of the children.</p> <p>Methods</p> <p>The dataset includes 9,353 children who started school in 2004 in Munich, Germany. Three dependent variables are included (i.e. overweight, health check-ups, vaccinations). The individual level social variables are: children's sex, mother tongue of the parents, Kindergarten visit. On the small scale school district level, two regional social variables could be included as well, i.e. percentage of single-parent households, percentage of households with low educational level. Associations are assessed by cross tables and regression analyses. The regional level variables are included by multilevel analyses.</p> <p>Results</p> <p>The analyses indicate that there is a large variation between the school districts concerning the three dependent variables, and that there is no district with very 'problematic values' for all three of them (i.e. high percentage of overweight, low levels of health check-ups and vaccinations). Throughout the bivariate and multivariate analyses, the mother tongue of the children's parents shows the most pronounced association with these dependent variables; i.e. children growing up in non-German-speaking families tend to be more overweight and don't visit preventive check-ups as often as children of German-speaking parents. An opposite association can be seen concerning vaccinations. Regional level influences are present as well, but they are rather small when the individual level social variables are controlled for.</p> <p>Conclusion</p> <p>The dataset of the medical check-up prior to school enrolment offers a great opportunity for public health research, as it comprises a whole age cohort. The number and scope of variables is quite limited, though. On one hand, it includes only few variables on health or health related risks. On the other, it would be important to have more information from the region where the children live, e.g. the availability of community and health care services for parents and children, social networks of families with children, areas where children can play outside, traffic noise and air pollution. Despite these shortcomings, the need for specific interventions can already be derived from the data analyzed here, e.g. programs to reduce overweight in children should focus on parents with a mother tongue other than German.</p