Wellness: Is Consent the Cure? Connolly, Dennis
American Bankruptcy Institute journal,
08/2015, Letnik:
34, Številka:
8
Journal Article
In Wellness International Network Ltd v. Sharif, the US Supreme Court has added another piece of the puzzle needed to resolve the long-discussed issue of bankruptcy court authority. This issue stems ...from the structure of the Constitution, which provides in Article I that Congress can establish "uniform bankruptcy laws." However, Article I does not provide specific guidance on what courts will interpret and enforce those laws. Article III then addresses the judicial power of the US, but does not refer to the "uniform bankruptcy laws" provided for in Article I. Litigants in bankruptcy court today must understand this tension between Article I and Article III, and how this tension may affect their rights. But first, a brief historical overview helps frame the questions to be answered. The US inherited its bankruptcy jurisprudence from England, where "bankruptcy commissioners," supervised by the Lord Chancellor in Equity, handled bankruptcy cases through in rem jurisdiction.
The present research examined the influence of improved knowledge of odds and mathematical expectation on the gambling behavior of university students. A group of 198 students in an introductory ...statistics class received instruction on probability theory using examples from gambling. A comparison group of 134 students received generic instruction on probability, and another group of 138 students in classes on unrelated topics received no mathematical instruction. Students receiving the intervention demonstrated superior ability to calculate gambling odds as well as resistance to gambling fallacies 6 months after the intervention. Unexpectedly, this improvement in knowledge and skill was not associated with any decreases in actual gambling behavior. The implication of this research is that enhanced mathematical knowledge on its own may be insufficient to change gambling behavior.
Costly product liability lawsuits continue to plague the pharmaceutical industry, and insurance to cover these losses is severely inadequate. Furthermore, questionable regulation of drugs exists once ...a pharmaceutical has passed FDA approval. This article describes a plan that uses a capitalistic, rather than a governmental, approach to solve both the insurance and the quality control problems. Although the proposed plan has never been used to insure pharmaceutical companies, different permutations of it have been used to insure other litigation-prone industries. Success from the proposed insurance entity results from the combined knowledge of scientists and actuaries to provide both protection from product liability lawsuits for the pharmaceutical industry and enhanced post-market surveillance of pharmaceuticals.
The enzyme nucleoside-diphosphate kinase (Ndk), responsible for the conversion of (deoxy)ribonucleoside diphosphates to their corresponding triphosphates, has been purified from Pseudomonas ...aeruginosa. The N-terminal 12 amino acid sequence of P. aeruginosa Ndk shows significant homology with that of Myxococcus xanthus and that of Escherichia coli. Ndk enzyme activity is also associated with succinyl-CoA synthetase activity in P. aeruginosa, whose α and β subunits show extensive sequence homology with those of E. coli and Dictyostelium discoideum. The 33-kDa α subunit of succinyl-CoA synthetase of P. aeruginosa appears to undergo autophosphorylation in the presence of either ATP or GTP, although the presence of small amounts of Ndk activity may influence the level of such phosphorylation.
Without question, in civil practice, courts and commentators alike recognize that the standard for pleading under Rule 8 of the Federal Rules of Civil Procedure has been clarified by the Supreme ...Court's decisions in Bell Atlantic v. Twombly and Ashcroft v. Iqbal. A number of recent decisions have recognized the change in the pleading standard under Rule 8 and have applied that changed standard to dismiss a number of preference and fraudulent-transfer complaints as being deficient. A number of visiting judges in the Delaware Bankruptcy Court (as well as judges elsewhere) had taken a different view and have found that the pleading standard enunciated in Valley Media did not apply to a preference complaint. VaIIey Media's more rigorous pleadings standards are consistent with the refined pleading standards articulated by the Supreme Court in Twombly and Iqbal. Following this authority, courts have dismissed a number of adversary proceedings with slipshod pleadings.
This paper describes a concept to demonstrate the operation of an advanced power supply (known as ASRG) in space for an extended period of time as a hosted payload. The demonstration unit will test ...the highest risk technologies associated with the Advanced Stirling Radioisotope Generator (ASRG) design while eliminating the complexities and cost associated with the already demonstrated General Purpose Heat Source (GPHS) by using electrical power from the host to drive heaters in place of the GPHS. The primary goal of this demonstration is to verify the system performance of these new technologies in the space environment for an extended period of time. A secondary goal is to operate through the launch environment. These goals could be accomplished aboard a host Geosynchronous Earth Orbiting (GEO) satellite or the International Space Station (ISS) as long as electrical power is available to the electric heat source. This paper also discusses the accommodation considerations for interfacing the demonstration unit on a host satellite. The overarching objective is to provide additional confidence in the suitability of the ASRG for use in deep space missions.
Performance of instrumental music requires high precision and the automisation of motor control to free the performer to focus on the artistic outcome. To acquire this high skill, training is ...experience-based, involves one-on-one instruction, and requires long hours of repetitive practice. This approach is consistent with a traditional model of vocational apprenticeship. Practice habits and long hours associated with training have been identified as sometimes contributing to high rates of vocational injury among musicians. This study explores violin performance, identifying generalizable perceptual markers to bridge the gap between science and experience in pedagogical methodology. Kinematic data were collected using 3-D motion capture. Dynamic modeling was used to specify internal loads. Eleven professional-level musicians were tested, ranging in age from 21 to 47 years (M = 36 yr., SD = 6). The study identified several motor-learning markers, speed-dependent motor control phases (increasing effort, optimization, and approaching physiological limits), string-dependent motor control, and an unexpected sympathetic resonance between the two arms, notwithstanding their very different functions. This study suggests that instrumental performance could be aided by identifying markers related to musical outcomes, performers' perceptions, and motor skill acquisition.
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