2,634 research outputs found

    Paterno v. Laser Spine Institute: Did the New York Court of Appeals\u27 Misapplication of Unjustified Policy Fears Lead to A Miscarriage of Justice and the Creation of Inadequate Precedent for the Proper Use of the Empire State’s Long-Arm Statute?

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    This article discusses CPLR section 302(a)(1) as applied by the New York State Court of Appeals in Paterno v. Laser Spine Institute. The Paterno Court failed to properly apply a statutory jurisdictional analysis by conflating it with a due process inquiry. Also, the Court unnecessarily balanced the interests of the Empire State\u27s citizens in having a forum for access to justice with unjustified policy fears of potential costs to the state from assertions of in personam jurisdiction. Furthermore, the Court\u27s policy focus4 on the protection of medical doctors from lawsuits and the prevention of “floodgate” litigation which would adversely affect the medical profession was not justified by the record and created poor precedent for subsequent judicial application of the state\u27s long-arm statute. This article will examine CPLR section 302(a)(1), under Paterno v. Laser Spine Institute and some of its predecessors, to demonstrate that sometimes overarching policy concerns get in the way of a strict statutory analysis under CPLR section 302(a)(1). We analyze how the Court of Appeals in Paterno conflated the jurisdictional basis and due process analyses and determine that the Court, based on a faulty statutory analysis, erroneously decided that there was no statutory jurisdiction. Our article is divided into six parts. Part II briefly discusses the history of the CPLR and the manner of obtaining jurisdiction through Sections 301 and 302, focusing mainly on long-arm jurisdiction. Part III discusses and analyzes leading cases, which involve the application of CPLR 302 in obtaining personal jurisdiction. Part IV discusses a recent case, Paterno v. Laser Spine Institute, in great detail, and Part V engages in a critical analysis of Paterno with reference to a similar case, Grimaldi v. Guinn. Part VI addresses policy considerations and Part VII concludes with a discussion of how the Paterno Court entangled its jurisdictional analysis and where the Court may be headed with its future application of CPLR section 302(a)(1)

    Heart of darkness

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    Thesis (S.M. in Science Writing)--Massachusetts Institute of Technology, Dept. of Humanities, Graduate Program in Science Writing, 2010.Cataloged from PDF version of thesis.Includes bibliographical references (p. 22-31).A few decades ago, black holes were a theoretical quirk. Highly probable on paper, they were doubted more than touted; many scientists didn't believe they even existed. Today, however, black holes appear to be everywhere, from behemoths in the cores of almost every galaxy to more modest, stellar-mass objects spattering the Milky Way's arms. Astronomers suspect that super massive black holes like Sagittarius A* (the compact dark object at the center of our galaxy) may be a cosmic mafia manipulating the galaxies that house them, possibly even controlling galaxy growth. If this suspicion turns out to be true, black holes may have had more influence on cosmic structure than any other object. This thesis explores how black holes became science from pseudoscience, focusing on three shifts in astronomy: detailed proper motion measurements of stars zooming around the galactic center, the discovery of the apparent relationship between galaxies and their central super massive black holes, and the development of working numerical simulations of black hole mergers. These three steps have led up to the Event Horizon Telescope, a project which will combine radio telescopes around the world to peer into the innermost spacetime warps surrounding Sagittarius A*. If all goes well, astronomers may finally glimpse the "silhouette" of the Milky Way's central super massive black hole within the next decade, directly testing whether Einstein's theory of general relativity is right.by Camille M. Carlisle.S.M.in Science Writin

    Systems Approach to integrating Cost and Technical Data

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    Developing the Adaptive Organization

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    Rovibrational Resonance Effects In Collision-Induced Electronic Energy Transfer: I2(E,v=0-2)+CF4

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    Collisions of I-2 in the E(0(g)(+)) electronic state with CF4 molecules induce electronic energy transfer to the nearby D, beta, and D-\u27 ion-pair states. Simulations of dispersed fluorescence spectra reveal collision-induced electronic energy transfer rate constants and final vibrational state distributions within each final electronic state. In comparison with earlier reports on I-2(upsilon(E)=0-2) collisions with He or Ar atoms, we find markedly different dynamics when I-2, excited to the same rovibronic states, collides with CF4. Final vibrational state distributions agree with the associated Franck-Condon factors with the initially prepared state to a greater degree than those found with He or Ar collision partners and suggest that internal degrees of freedom in the CF4 molecule represent a substantial means for accepting the accompanying loss of I-2 vibronic energy. Comparison of the E -\u3e D transfer of I-2 excited to the J=23 and J=55 levels of the upsilon(E)=0 state reveals the onset of specific, nonstatistical dynamics as the available energy is increased above the threshold for excitation of the low frequency nu(2) bending mode of CF4. (c) 2006 American Institute of Physics

    CXCR4 expression heterogeneity in neuroblastoma cells due to ligand-independent regulation

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    <p>Abstract</p> <p>Background</p> <p>CXCR4, the receptor for the chemokine stromal-derived factor 1 (SDF-1), has been shown to mediate many of the processes essential for cancer progression such as tumor cell proliferation, metastasis, and angiogenesis. To understand the role of CXCR4 in the biology of neuroblastoma, a disease that presents with wide spread metastases in over 50% of patients, we screened ten patient derived-neuroblastoma cell-lines for basal CXCR4 expression and sought to identify characteristics that correlate with tumor cell phenotype.</p> <p>Results</p> <p>All cell lines expressed <it>CXCR4 </it>mRNA at variable levels, that correlated well with three distinct classes of CXCR4 surface expression (low, moderate, or high) as defined by flow cytometry. Analysis of the kinetics of CXCR4 surface expression on moderate and high expressing cell lines showed a time-dependent down-regulation of the receptor that directly correlated with cell confluency, and was independent of SDF1. Cell lysates showed the presence of multiple CXCR4 isoforms with three major species of approximately 87, 67 and 55 kDa associating with high surface expression, and two distinct species of 45 and 38 kDa correlating with low to null surface expression. Western blot analysis of CXCR4 immunoprecipitates showed that the 87 and 67 kDa forms were ubiquitinated, while the others were not. Finally, treatment of cells with a proteasome inhibitor resulted in down regulation of CXCR4 surface expression.</p> <p>Conclusions</p> <p>Taken together, these data show that regulation of CXCR4 surface expression in neuroblastoma cells can occur independently of SDF-1 contribution arguing against an autocrine mechanism. Additionally these data suggest that post-translational modifications of CXCR4, in part through direct ubiquitination, can influence trafficking of CXCR4 to the surface of neuroblastoma cells in a ligand-independent manner.</p

    The Emergence of Behavioral Addiction in DSM-5

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    The release of the latest edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) has sparked continuous debate about the structure, organization, and inclusion or exclusion of mental disorders. The term addiction made its first appearance in the manual with the category of Substance-Related and Addictive Disorders, after much anticipation from mental health professionals. With the emergence of behavioral (process) addictions in the diagnostic manual such as gambling disorder, it is likely that other mental disorders with similar features will follow suit. Speculation about other behaviors that could potentially be addictive includes Internet use, sex, shopping, exercise, and compulsive eating, among others. The goal of the current review is twofold: to explain the concept of behavioral addictions, including a focus on gambling and Internet gaming disorders, and to discuss how the emergence of process addictions may influence the work of human services practitioners. Clinical implications within the human services profession are also discussed
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