Are You Misappropriating Client Funds - Missouri\u27s IOLTA Plan after Mottl

In Mottl v. Missouri Lawyer Trust Account Foundation, the Missouri Court of Appeals for the Western District addressed the constitutionality of Missouri\u27s IOLTA program for the first time and held that participation in Missouri\u27s IOLTA program is not state action because of the voluntary nature of the program. 6 By so deciding, the court shifted liability for participation in the program from the state to private attorneys and law firms. As a result, an attorney must inform a client during initial consultation that the attorney or the attorney\u27s firm voluntarily participates in the IOLTA program and that, as a result of this participation, the interest on client funds that is nominal in amount or held for a short period of time will be transferred to the Foundation.7 Attorneys who fail to do so subject themselves to liability to the client for conversion of the client\u27s interest and to possible disciplinary sanctions

Does Competition Constitute an Injury - Defining Injury in the Missouri Motor Fuel Marketing Act

The purpose of the Missouri Motor Fuel Marketing Act (MFMA) 2 is to prevent predatory pricing in the motor fuel retail industry that would ultimately harm consumers through monopolistic takeovers.3 The Act prohibits certain below-cost sales of motor fuel by a retailer intended to or having the effect of unfairly diverting trade from a competitor, inducing the purchase of other merchandise, or otherwise injuring competitors.4 In State ex rel. Nixon v. QuikTrip Corp., the Missouri Supreme Court interpreted certain language in the MFMA for the first time. The court defined the statutory terms competitor and injure, and established what the State must show to prove a below-cost sale either unfairly diverted trade or otherwise injur[ed] a competitor. 5 The court held that the MFMA does not prohibit all below-cost sales of motor fuel, the State must show injury to a competitor, and the State must show the below-cost sale forced the competitor to lower its motor fuel prices to the point of operating its business at an overall loss to prove a violation. These holdings are in accord with the policy behind the Act, the statutory language, prior case law, and Areeda and Hovenkamp\u27s interpretation of federal antitrust law.6 The dissent\u27s argument that the majority ignores the plain meaning of the word injure, \u27 7 on the other hand, overlooks these factors and contradicts both legislative intent and prior case law

Heavy-quark axial charges to non-leading order

We combine Witten's renormalization group with the matching conditions of Bernreuther and Wetzel to calculate at next-to-leading order the complete heavy-quark contribution to the neutral-current axial-charge measurable in neutrino-proton elastic scattering. Our results are manifestly renormalization group invariant.Comment: 5 pages, revtex styl

Evidence for charge orbital and spin stripe order in an overdoped manganite

We present diffraction data on a single-layered manganite La(0.42)Sr(1.58)MnO4 with hole doping (x>0.5). Overdoped La(0.42)Sr(1.58)MnO4 exhibits a complex ordering of charges, orbitals and spins. Single crystal neutron diffraction experiments reveal three incommensurate and one commensurate order parameters to be tightly coupled. The position and the shape of the distinct superstructure scattering points to a stripe arrangement in which ferromagnetic zigzag chains are disrupted by additional Mn4+ stripes

The possibilities and dangers in using malachite green in pisciculture.[Translation from: Informatsionnyi Byulleten Biologiya Vnutrennikh Vod No.3 17-21, 1969.]

For many years a dye has been used in the practise of pisciculture and pond management, which is known by the name of malachite green, and is used to combat fungus on fish, fish eggs and external animal parasites on fish. The authors describe the problem of the application of malachite green in pisciculture and undertake special, complementary research

Scheme Independence of g1p(x,Q2)g_1^p (x, Q^2)

We work with two general factorization schemes in order to explore the consequences of imposing scheme independence on $g_1^p (x, Q^2)$. We see that although the light quark sector is indifferent to the choice of a particular scheme, the extension of the calculations to the heavy quark sector indicates that a scheme like the $\bar{MS}$ is preferable.Comment: 11 pages, 2 figures. To appear in the Brief Reports of Phys. Rev.

Incommensurate antiferromagnetic fluctuations in single-crystalline LiFeAs studied by inelastic neutron scattering

We present an inelastic neutron scattering study on single-crystalline LiFeAs devoted to the characterization of the incommensurate antiferromagnetic fluctuations at $\mathbf{Q}=(0.5\pm\delta, 0.5\mp\delta, q_l)$. Time-of-flight measurements show the presence of these magnetic fluctuations up to an energy transfer of 60 meV, while polarized neutrons in combination with longitudinal polarization analysis on a triple-axis spectrometer prove the pure magnetic origin of this signal. The normalization of the magnetic scattering to an absolute scale yields that magnetic fluctuations in LiFeAs are by a factor eight weaker than the resonance signal in nearly optimally Co-doped BaFe$_2$As$_2$, although a factor two is recovered due to the split peaks owing to the incommensurability. The longitudinal polarization analysis indicates weak spin space anisotropy with slightly stronger out-of-plane component between 6 and 12 meV. Furthermore, our data suggest a fine structure of the magnetic signal most likely arising from superposing nesting vectors.Comment: 9 pages, 8 figure

Rotational levels in quantum dots

Low energy spectra of isotropic quantum dots are calculated in the regime of low electron densities where Coulomb interaction causes strong correlations. The earlier developed pocket state method is generalized to allow for continuous rotations. Detailed predictions are made for dots of shallow confinements and small particle numbers, including the occurance of spin blockades in transport.Comment: RevTeX, 10 pages, 2 figure