23 research outputs found

    Unmasking Mullane: Due Process, Common Trust Funds, and the Class Action Wars

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    Although Mullane v. Central Hanover Bank and Trust Co., 339 U.S. 306 (1950) is a classic Civil Procedure case, its history has never before been written. This Article reveals that history, traced among other sources, in the papers of New York’s Governor Herbert Lehman, whose misgivings did not prevent his signing the legislation that the Supreme Court struck down, and of Justice Robert Jackson, who wrote the opinion striking it down. More or less behind the scenes, two struggles were going on. One involved and prefigured all of the tensions of the modern class action: conflicts within the class, the relative functions of notice and adequate representation, the attempt to secure “global peace” by binding nonparticipants, and more. The other struggle concerned the efforts of trust companies to enlarge their turf and get into the investment business while barring liability to their customers. The due process holding for which we remember Mullane thus emerged from and glossed over deeper and more particularized conflicts. This Article explores both the history and the contemporary relevance of Mullane

    Hemingway: for whom the bell rarely tolls In college curricula

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    This capstone discusses the possible reasons for the virtual absence of any college class curricula devoted to or including the works of Ernest Hemmingway. Hemingway was the recipient of the Pulitzer Prize, a Nobel laureate in Literature, and an author whose writing talent in his early years garnered the praise and literary master recognition of other iconic literary figures of his time like Ezra Pound, Gertrude Stein, James Joyce, F. Scott Fitzgerald and Sherwood Anderson. This capstone will examine the Hemingway legacy both in his perceived hedonistic lifestyle and misogynic labeled writings and formulate an argument that might explain why, despite recent decades of critical reviews revising the negative myths of his legends and literature, the study of Hemingway‟s art is rarely found in the majority of college curricula.M.A.L.S.Includes bibliographical referencesby Michael Mullane

    The Nepalese madal : a description and comparison with selected drums of India

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    This is a study describing and comparing the Nepalese drum called the madal with similar drums from India. As a folk instrument, the madal and its traditions are threatened by the continuing homogenization of traditional music due to foreign influences. To document the instrument, a detailed physical and functional description is given of the madal including information gathered by the author while living in Nepal from 1991-93 and the three madals in the author\u27s collection as well as a partial translation of Subi Saha\u27s Madala text. A similar description, based on gathered sources, is given of the ancient and contemporary drums of India: karata, ghadasa, bheri, mardala, pataha, dhol, dholak, khol, mrdangam, pakhawaj, madar, madal (Indian), maddala and madala. Comparisons are made of physical characteristics, playing techniques, function and name. Three appendices include: tables of instruments, detailed photographs of the madal and its parts, assembled and disassembled, and two madal accompaniment patterns. The author concludes the Nepalese madal is related to ancient drum mardala, medieval drum desi pataha and contemporary drums mrdangam and pakhawaj

    Comparison of methods for the microbiological identification and profiling of cronobacter species from ingredients used in the preparation of infant formula

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    Cronobacter spp. (formerly Enterobacter sakazakii) can be isolated from a wide range of foods and environments, and its association with neonatal infections has drawn considerable attention from regulatory authorities. The principle route of neonatal infection has been identified as the ingestion of contaminated infant formula. A number of methods have been developed to identify Cronobacter spp., however these were before the most recent (2012 ) taxonomic revision of the genus into seven species. In this study, phenotyping, protein profiling and molecular methods were used to identify Cronobacter strains which had been recently isolated from ingredients used in the preparation of infant formula. Pulsed field gel electrophoresis revealed that different Cronobacter strains had been recovered from the same food products. All isolates were identified as C sakazakii according to four genus specific PCR-probes and protein profiling using MALDI-TOF analysis. However, 16S rDNA sequence analyses and fusA allele sequencing gave more accurate identification: four strains were C sakazakii, one strain was C malonaticus and the remaining strain was C universalis. Multilocus sequence typing showed the strains were different sequence types. These results demonstrate the presence of different Cronobacter species in food ingredients used in the preparation of infant formula, and also the need for molecular identification and profiling methods to be revised according to taxonomic revisions

    The selection of a Marine artillery battery fire direction computer system

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    The artillery fire direction systems currently used by the U.S. Marine Corps are inadequate to meet the demands of today's battlefield. The lack of a modern artillery fire direction computer system degrades the Marine Corps overall combat effectiveness. This thesis presents a cost effectiveness analysis of four fire direction computer systems which can significantly enhance an artillery battery's combat effectiveness. As a result of the analysis, the author recommends the procurement of the Magnavox Artillery Computer System (ACS). The author further recommends that the ACS be adapted for use as a battalion level fire direction system on an interim basis until the introduction of MIFASS. Additionally, a number of recommendations which are representative of the types of action needed to assist in the resolution of the Marine artillery fire direction problem are provided.Approved for public release; distribution is unlimited.Major, United States Marine Corpshttp://archive.org/details/theselectionofma109452032

    Screening forCronobacterSpecies in Powdered and Reconstituted Infant Formulas and from Equipment Used in Formula Preparation in Maternity Hospitals

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    Background/Aims: Cronobacter spp. have been identified as being of considerable risk to neonates. The occurrence of organism in infant formulas is therefore of considerable interest. Methods: The occurrence of Cronobacter spp. in infant feeds (formulas and fortified cow’s milk) was determined using most probable number (MPN) analysis, and from formula preparation utensils. Ninety nine samples were analyzed, of which 42 were unopened cans of powdered infant formula (PIF), 25 reconstituted infant formulas in feeding bottles, 27 utensils used from the preparation of infant formula, and 5 samples of fortified cow’s milk. Presumptive Cronobacter spp. isolates were identified using the 7 allele multilocus sequence typing (MLST) scheme. Results: C. sakazakii, C. malonaticus and C. muytjensii were recovered from PIF. Although the incidence of Cronobacter in PIF was 29% (12/42), the level was low with an average of 0.54 MPN/100g. According to MLST profiling, C. sakazakii was the most frequently isolated Cronobacter species, and C. sakazakii ST4 (associated with neonatal meningitis) was recovered from 2/42 PIF samples at 0.51 and 0.92 MPN/100g. Conclusions: Cronobacter spp. can be isolated from PIF and therefore strict hygienic practices during PIF preparation are important to minimize neonate exposure and reduce the risk of severe infections

    Social ecological correlates of workplace sedentary behavior

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    abstract: Background To identify social ecological correlates of objectively measured workplace sedentary behavior. Methods Participants from 24 worksites - across academic, industrial, and government sectors - wore an activPAL-micro accelerometer for 7-days (Jan-Nov 2016). Work time was segmented using daily logs. Sedentary behavior outcomes included time spent sitting, standing, in light intensity physical activity (LPA, stepping cadence 30 min). Outcomes were standardized to an 8 h work day. Two electronic surveys were completed to derive individual (job type and work engagement), cultural (lunch away from the desk, walking at lunch and face-to-face interaction), physical (personal printer and office type) and organizational (sector) factors. Mixed-model analyses with worksite-level clustering were performed to examine multi-level associations. Secondary analyses examined job type and sector as moderators of these associations. All models were adjusted for age, race/ethnicity and gender. Results Participants (N = 478; 72% female; age: 45.0 ± 11.3 years; 77.8% non-Hispanic white) wore the activPAL-micro for 90.2 ± 15.5% of the reported workday. Walking at lunch was positively associated with LPA (5.0 ± 0.5 min/8 h, P < 0.001). Regular face-to-face interaction was negatively associated with prolonged sitting (−11.3 ± 4.8 min/8 h, P < 0.05). Individuals in private offices sat more (20.1 ± 9.1 min/8 h, P < 0.05), stood less (−21.5 ± 8.8 min/8 h, P < 0.05), and engaged in more prolonged sitting (40.9 ± 11.2 min/8 h, P < 0.001) than those in public office space. These associations were further modified by job type and sector. Conclusions Work-specific individual, cultural, physical and organizational factors are associated with workplace sedentary behavior. Associations vary by job type and sector and should be considered in the design of workplace interventions to reduce sedentary behavior.The electronic version of this article is the complete one and can be found online at: https://ijbnpa.biomedcentral.com/articles/10.1186/s12966-017-0576-

    Dermatofibrosarcoma protuberans post basal cell carcinoma excision: A case report

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    AbstractIntroductionDermatofibrosarcoma protuberans (DFSP) is a rare, malignant, soft tissue neoplasm of the dermis. Tumor recurrence is common following resection, and can be locally devastating if not identified in a timely manner.We report a unique case of this rare tumor. This case poses the question of an association between basal cell carcinoma (BCC) and DFSP, and presents the possible need for increased awareness of DFSP for healthcare providers and patients with a history of non-melanoma skin cancers as well as surgical or burn scars.Presentation of caseA 77-year-old male with a history of surgical excision of BCC presented with several palpable lesions in the superficial cutaneous tissue of the right anterior abdominal wall. Most of the lesions were consistent with lipoma; however, one lesion near the excision site of the BCC was more solid in consistency. The mass was removed with wide local excision encompassing all layers down to the abdominal fascia. Subsequent pathology findings included CD34 positive spindle cells in a whorled pattern consistent with DFSP. Resection margins were positive and a wide re-excision was performed with margins being negative.DiscussionDFSP comprises approximately 0.01% of all malignant tumors. There are no known precipitating factors of DFSP, but its presence in surgical and burn scars is not uncommon.An association between DFSP and basal cell carcinoma has been suggested in the literature. Dermatofibroma and rarely DFSP may demonstrate basaloid proliferation of the overlying epidermis with characteristics of BCC. One case reporting coexistent DFSP and BCC located to the ear also suggested an association, but concluded that the finding was likely incidental due to sun exposure. In our case, the lesion’s location is less routinely subjected to sun exposure and points more towards a possible association.The mainstay of treatment for local DFSP is wide local excision. Negative margins with the removal of fascia and muscle tissue as necessary is essential and the most significant prognostic factor. Three-dimensional reconstructions of DFSP have shown villous finger like projections of primary tumors, which is believed to be responsible for local recurrence. Recurrence can be devastating, as several cases have demonstrated rapid growth of remaining cells with increased morbidity following further resection.ConclusionBased on this case and those found in the literature, we believe an association may exist between DFSP and BCC and further study of this association is needed. DFSP is a rare malignancy unknown to many healthcare providers, but in the presence of increased awareness and physician vigilance in surgical resection and follow up, the potential morbidity of DFSP may be prevented
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