Securities Arbitration After McMahon, Rodriguez, and the New Rules: Can Investors\u27 Rights Really Be Protected?

Securities arbitration\u27 is now ascendant as a favored device for resolving disputes between broker-dealers and their customers, and much of this recent status derives from a series of United States Supreme Court decisions.\u27 Culminating in Shearson/American Express,Inc. v. McMahon and Rodriguez de Quijas v. Shearson/American Ex-press, Inc., these decisions have ended the reign of certain restrictive judicial decisions that previously governed the availability of arbitration under the Federal Arbitration Act (FAA or Arbitration Act) Accordingly, such developments presage a greatly expanded use of arbitration as a future means of resolving disputes between broker-dealers and customers. Indeed, since the Supreme Court placed its imprimatur on the arbitration process, the arbitral forum already has become the likely, and in some instances the mandated, situs of deliberative proceedings on such conflicts. Logically, the focus of the debate and inquiry on the general subject of brokerage agreement dispute resolution must turn to the nature of this specific process. Given the prominence that securities arbitration is likely to enjoy in the future, probing questions must be asked now regarding the effectiveness, basic fairness, and even legality of the procedures that effectuate it. Underscoring the importance of such inquiry are certain basic facts about securities arbitration in America today. First, this dispute resolution process is most often administered by organizations affiliated with, and indeed part of, the securities industry; and second, the process is predictably preferred by that industry to traditional litigation. Unquestionably, then, the inquiry must begin by addressing the circumstances under which a customer elects or agrees to have disputes resolved through arbitration, and continue through the hearing, final award, and any subsequent judicial challenges

Ecological Risk Assessment for Highways in the Chesapeake Bay Watershed

The population of coastal counties in the United States is over six-fold higher than non-coastal counties and population density along the Atlantic coast is much greater than all other coasts in the nation. Many areas around the Chesapeake Bay watershed are participating in this growth and extensive interstate construction is planned for this region. A wide array of primary ecological risks to the Chesapeake Bay exists, and may be classified as biological, physical, or chemical. Biological risks range from physical threats to motorists and animals to genetic risks to local flora and fauna populations. Island biogeography theory can be used to predict species losses associated with highway construction and resultant limits to migration. Introduction of exotic species and loss of ecologically significant areas (e.g. wetlands) are included as biological risks. Physical risks are primarily associated with hydrology, erosion, and related water quality considerations. Chemical concerns can be described as either chronic, such as certain airborne pollutants, or acute, such as accidental or illegal discharges. Secondary risks associated with highway construction result from facilitated traffic flow. Included are a variety of effects resulting from urban sprawl, strip development, and economic development of adjacent areas. Some ecological risks have received legislative, and subsequently transportation department attention. However, most ecological risks do not affect the decision-making process.https://scholarworks.wm.edu/vimsbooks/1179/thumbnail.jp

Pre- and Post Impoundment Ichthyoparasite Succession in a New Arkansas Reservoir

Helminth and crustacean parasites from 2,387 Micropterus dolomieui, M. punctulatus, and M. salmoides were utilized to monitor annual pre- and postimpoundment succession patterns spanning eight con- tinuous years in Beaver Reservoir, Arkansas. Incidence of infection by ichthyoparasites with direct life cycles (monogenetic trematodes, leeches, and crustaceans) generally increased following impoundment, although leeches remained relatively constant. Exceptions to this general pattern occurred. Incidence of ichthyoparasites with indirect life cycles (digenetic trematodes, cestodes, acanthocephalans, and nematodes) decreased immediately following impoundment with subsequent increases to a point equal or above that of preimpoundment, although exceptions occurred. Time for species adaptation to the reservoir environment varied, with some species disappearing and others occurring for the first time. Diversity indices indicated that a moderate parasite community was maintained in the White River two years prior to its impoundment to form Beaver Reservoir. During the first impoundment year the parasite community declined to the lowest postimpoundment level with the abrupt change in habitat. Throughout the following four post- impoundment years the parasite community gradually increased to become much larger and more complex than it was during preimpoundment. Parasite community succession stabilization occurred in the fifth postimpoundment year and continued the following year indicating the establishment of a climax ichthyoparasite community

Supplement to Christian Chronicle, May 10, 1968

A supplement to the Christian Chronicle, this special issue contains a report of the Race Relations Workshop held March 4-8, 1968, in Nashville, Tennessee at Schrader Lane Church of Christ. Included are full texts of speeches delivered by the workshop theme speakers: David Jones, Jr., Lawrence L. (Bud) Stumbaugh, James Dennis, Sr., Don Finto, leon Hill, Phillip Roseberry, Joseph Tucker, Joe Tomlinson, Perry Wallace, Jim Mayo, Walter E. Burch, and an article by David Lipscomb condensed from the February 21, 1878 Gospel Advocate

Attention or instruction: do sustained attentional abilities really differ between high and low hypnotisable persons?

Previous research has suggested that highly hypnotisable participants (‘highs’) are more sensitive to the bistability of ambiguous figures—as evidenced by reporting more perspective changes of a Necker cube—than low hypnotisable participants (‘lows’). This finding has been interpreted as supporting the hypothesis that highs have more efficient sustained attentional abilities than lows. However, the higher report of perspective changes in highs in comparison to lows may reflect the implementation of different expectation-based strategies as a result of differently constructed demand characteristics according to one’s level of hypnotisability. Highs, but not lows, might interpret an instruction to report perspective changes as an instruction to report many changes. Using a Necker cube as our bistable stimulus, we manipulated demand characteristics by giving specific information to participants of different hypnotisability levels. Participants were told that previous research has shown that people with similar hypnotisability as theirs were either very good at switching or maintaining perspective versus no information. Our results show that highs, but neither lows nor mediums, were strongly influenced by the given information. However, highs were not better at maintaining the same perspective than participants with lower hypnotisability. Taken together, these findings favour the view that the higher sensitivity of highs in comparison to lows to the bistability of ambiguous figures reflect the implementation of different strategies

DataSHIELD: Taking the analysis to the data, not the data to the analysis

\ua9 The Author 2014; all rights reserved. Background: Research in modern biomedicine and social science requires sample sizes so large that they can often only be achieved through a pooled co-analysis of data from several studies. But the pooling of information from individuals in a central database that may be queried by researchers raises important ethico-legal questions and can be controversial. In the UK this has been highlighted by recent debate and controversy relating to the UK\u27s proposed \u27care.data\u27 initiative, and these issues reflect important societal and professional concerns about privacy, confidentiality and intellectual property. DataSHIELD provides a novel technological solution that can circumvent some of the most basic challenges in facilitating the access of researchers and other healthcare professionals to individual-level data. Methods: Commands are sent from a central analysis computer (AC) to several data computers (DCs) storing the data to be co-analysed. The data sets are analysed simultaneously but in parallel. The separate parallelized analyses are linked by non-disclosive summary statistics and commands transmitted back and forth between the DCs and the AC. This paper describes the technical implementation of DataSHIELD using a modified R statistical environment linked to an Opal database deployed behind the computer firewall of each DC. Analysis is controlled through a standard R environment at the AC. Results: Based on this Opal/R implementation, DataSHIELD is currently used by the Healthy Obese Project and the Environmental Core Project (BioSHaRE-EU) for the federated analysis of 10 data sets across eight European countries, and this illustrates the opportunities and challenges presented by the DataSHIELD approach. Conclusions: DataSHIELD facilitates important research in settings where: (i) a co-analysis of individual-level data from several studies is scientifically necessary but governance restrictions prohibit the release or sharing of some of the required data, and/or render data access unacceptably slow; (ii) a research group (e.g. in a developing nation) is particularly vulnerable to loss of intellectual property-the researchers want to fully share the information held in their data with national and international collaborators, but do not wish to hand over the physical data themselves; and (iii) a data set is to be included in an individual-level co-analysis but the physical size of the data precludes direct transfer to a new site for analysis

GH mediates exercise-dependent activation of SVZ neural precursor cells in aged mice

Here we demonstrate, both in vivo and in vitro, that growth hormone (GH) mediates precursor cell activation in the subventricular zone (SVZ) of the aged (12-month-old) brain following exercise, and that GH signaling stimulates precursor activation to a similar extent to exercise. Our results reveal that both addition of GH in culture and direct intracerebroventricular infusion of GH stimulate neural precursor cells in the aged brain. In contrast, no increase in neurosphere numbers was observed in GH receptor null animals following exercise. Continuous infusion of a GH antagonist into the lateral ventricle of wild-type animals completely abolished the exercise-induced increase in neural precursor cell number. Given that the aged brain does not recover well after injury, we investigated the direct effect of exercise and GH on neural precursor cell activation following irradiation. This revealed that physical exercise as well as infusion of GH promoted repopulation of neural precursor cells in irradiated aged animals. Conversely, infusion of a GH antagonist during exercise prevented recovery of precursor cells in the SVZ following irradiation