The Financial Aspect of Adequate Representation Under Rule 23(a)(4): A Prerequisite to Class Certification?

This article examines the financial implications of Federal Rule of Civil Procedure 23(a)(4) which requires that the representative for a class action provide fair and adequate representation in an adjudication of the class\u27 rights. The authors trace the development in case law of the 23(a)(4) financial condition considerations. They then examine the tensions which arise as a result of imposition of heavy financial responsibilities on the class plaintiff under 23(a)(4). Requiring the prospective plaintiff to prove financial competence serves to provide due process and protection for the rights of absent class members but it may also preclude a plaintiff from bringing the suit at all. The authors suggest possible directions for legislative reform and recommend further legislative consideration of resolution of the competing objectives

EFFECT OF SPLENECTOMY ON THE SUSCEPTIBILITY OF MICE INOCULATED WITH DIPLOCOCCUS PNEUMONIAE

An experimental model is described which demonstrated increased susceptibility of mice to infection with D. pneumoniae following splenectomy. It was necessary to use small numbers of a particular strain of pneumococcus (D. pneumoniae type 6), intravenous infection and a particular strain of mouse (pathogen-free NCS strain). The increase in susceptibility persisted for at least 4 months after splenectomy. With modifications in experimental design such as use of large numbers of organisms, a different strain of pneumococcus, the intraperitoneal route of infection or a different mouse strain no increase or a much less impressive increase in susceptibility was demonstrated. Following intravenous injection of small numbers of D. pneumoniae Type 6 bacteremia tended to persist in all NCS mice. Multiplication of pneumococci subsequently occurred in a higher proportion of mice with splenectomy and at a more rapid rate than in control animals. Mice with splenectomy usually had more D. pneumoniae per ml of blood than per gram of any tissue. This suggested that in these mice multiplication of microorganisms occurs primarily in blood. In control mice higher concentrations of bacteria were present in spleen than in blood, and higher concentrations were found in blood than in other tissues. These results suggested that in normal mice infected intravenously with small numbers of D. pneumoniae Type 6, the spleen protects by removing and killing small but critical numbers of D. pneumoniae which are circulating in the blood. No evidence was found to suggest that the altered susceptibility is mediated by an effect of splenectomy on numbers of circulating leukocytes or on the antibacterial activity of mouse blood

An Experimental and Modeling Study of Pervious Pavement Bicycle Lanes

2012 S.C. Water Resources Conference - Exploring Opportunities for Collaborative Water Research, Policy and Managemen

Aquilegia, Vol. 29 No. 3, May-July 2005: Newsletter of the Colorado Native Plant Society

https://epublications.regis.edu/aquilegia/1105/thumbnail.jp

A Water-Damaged Home and Health of Occupants: A Case Study

A family of five and pet dog who rented a water-damaged home and developed multiple health problems. The home was analyzed for species of mold and bacteria. The diagnostics included MRI for chronic sinusitis with ENT and sinus surgery, and neurological testing for neurocognitive deficits. Bulk samples from the home, tissue from the sinuses, urine, nasal secretions, placenta, umbilical cord, and breast milk were tested for the presence of trichothecenes, aflatoxins, and Ochratoxin A. The family had the following diagnosed conditions: chronic sinusitis, neurological deficits, coughing with wheeze, nose bleeds, and fatigue among other symptoms. An infant was born with a total body flare, developed multiple Cafe-au-Lait pigmented skin spots and diagnoses with NF1 at age 2. The mycotoxins were detected in bulk samples, urine and nasal secretions, breast milk, placenta, and umbilical cord. Pseudomonas aueroginosa, Acinetobacter, Penicillium, and Aspergillus fumigatus were cultured from nasal secretions (father and daughter). RT-PCR revealed A. fumigatus DNA in sinus tissues of the daughter. The dog had 72 skin lesions (sebaceous glands and lipomas) from which trichothecenes and ochratoxin A. were detected. The health of the family is discussed in relation to the most recent published literature regarding microbial contamination and toxic by-products present in water-damaged buildings

The Permanence of the Visual Recovery that Follows Reverse Occlusion of Monocularly Deprived Kittens

While the behavioral and physiologic effects of an early period of monocular deprivation can be extremely severe, they are not necessarily irreversible. Considerable recovery can occur if visual input is restored to the deprived eye sufficiently early, particularly if the nondeprived eye is occluded at the same time (reverse occlusion). This study examines the permanence of the visual recovery promoted by a period of reverse occlusion in kittens that were monocularly deprived from near birth for periods ranging from 3 to 18 weeks. During the period of reverse occlusion, the vision of the initially deprived eye improved from apparent blindness to good levels of acuity. However, upon restoring visual input to the formerly nondeprived eye a surprisingly rapid and reciprocal change occurred in the visual acuity of both eyes. Much of the substantial gain in the vision of the initially deprived eye that occurred during reverse occlusion was lost within 3 weeks, while at the same time the vision of the initially nondeprived eye improved substantially. Nevertheless, in many animals the acuity of the initially nondeprived eye did not recover to levels it had reached prior to reverse occlusion. These results hold important implications for the nature of the mechanisms responsible for the dramatic physiologic effects of monocular occlusion and reverse occlusion on the visual cortex. The results also may help elucidate recent observations on patching therapy in human amblyopia. Invest Ophthalmol Vis Sci 25: [908][909][910][911][912][913][914][915][916][917] 1984 The behavioral and physiologic consequences of early monocular deprivation by eyelid closure have been explored extensively in both cats and monkeys

Focus, Vol. 1 No. 1

A literary magazine of student writing published by the Department of English of Stephen F. Austin State College.https://scholarworks.sfasu.edu/focus/1000/thumbnail.jp