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2005

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Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni Dec 2005

Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni

Nevada Supreme Court Summaries

Motion to support a stay pending an appeal by security other than a supersedeas bond.

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Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni Dec 2005

Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni

Nevada Supreme Court Summaries

Admission of expert testimony is within the sole discretion of the trial judge. Abuse of discretion does not exist where defense counsel waited until the eighth day of trial to seek to call a newly-named expert witness without sufficient justification for the delay. The Nevada Supreme Court adopts the rule against admission of witness and prosecution comments regarding a defendant’s invocation of Fourth Amendment rights when such evidence is used to support an inference of guilt. When the district court admits such evidence, this Court will determine the existence of reversible error by application of the same test used for …

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Implications For The Small Mammal And Earthworm Communities In A Degraded Ecosystem, Jennifer Aaron Edalgo Dec 2005

Implications For The Small Mammal And Earthworm Communities In A Degraded Ecosystem, Jennifer Aaron Edalgo

Graduate Theses, Dissertations, and Problem Reports (ETD)

At Fort Necessity National Battlefield, Pennsylvania, we trapped small mammals in areas dominated by Morrow's honeysuckle, an invasive shrub, and we determined that prebaiting 1 and 2 days before the actual trapping period did not improve trapping success. We do not recommend using the added resources (i.e., time, money, personnel, and equipment) to incorporate prebaiting into trapping regimes because trapping success was not improved. We fluorescent powdertracked mice in old field and forested areas with Morrow's honeysuckle encroachment to determine the microhabitat they selected. Mice selected paths with high shrub and tree cover and low herbaceous cover. They selected native …

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Size, Age Composition, And Upstream Migration Of American Eels At The Millville Dam Eel Ladder, Shenandoah River, West Virginia, Heather Hildebrand Dec 2005

Size, Age Composition, And Upstream Migration Of American Eels At The Millville Dam Eel Ladder, Shenandoah River, West Virginia, Heather Hildebrand

Graduate Theses, Dissertations, and Problem Reports (ETD)

Abundances of American eel (Anguilla rostrata) are declining along the east coast of the United States and Canada, possibly due to habitat loss and barriers to migration. In Atlantic coast watersheds, dams detain upstream migration of juveniles, and little is known about age class composition, age-length relationships, or environmental cues to upstream migration of yellow-phase eels. An eel ladder was installed on the Millville hydroelectric dam, lower Shenandoah River, WV, to facilitate and monitor the upstream movement of yellow phase eels. Daily length measurements (TL cm) and weights (g) were taken on eels using the ladder during three sampling periods; …

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Efficacy Of Compost Amendments And Extracts In The Control Of Foliar Disease In Organic Tomato Production, William Kraft Murray Dec 2005

Efficacy Of Compost Amendments And Extracts In The Control Of Foliar Disease In Organic Tomato Production, William Kraft Murray

Graduate Theses, Dissertations, and Problem Reports (ETD)

Aerated and nonaerated compost tea extracts (CT) prepared from seven composts were applied to two tomato cultivars in greenhouse experiments. CT from hay compost significantly decreased early blight disease severity compared to the control in one experiment. Mushroom CT increased disease severity in most experiments. The cultivar 'Brandywine' had significantly higher disease severity (P=0.0001) than 'WV '63'.;In a compost rate field experiment, disease severity was lower in the control and compost at 10 and 20 tons/acre treatments than at 2.5 and 5 tons/acre.;In a second field experiment, yield and early blight disease severity varied significantly among composts from varied feedstocks …

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The Influence Of Beaver Impoundments On Vegetative Composition, And Modeling Habitat Suitability As A Tool For Wildlife Management And Conservation, Jerry Leanne Bonner Dec 2005

The Influence Of Beaver Impoundments On Vegetative Composition, And Modeling Habitat Suitability As A Tool For Wildlife Management And Conservation, Jerry Leanne Bonner

Graduate Theses, Dissertations, and Problem Reports (ETD)

Beavers (Castor canadensis) can have dramatic effects on vegetative communities through impounding streams and wetlands. These alterations may influence rare plant species where beaver create ponds. We found that the youngest and oldest beaver ponds in Canaan Valley, West Virginia, USA had similar species richness. Rare plant species occurred most in oldest ponds, although no significant differences were detected. Species composition around ponds was found to be different between areas influenced by ponds versus those not affected, creating more obligate wetland communities when influenced by beaver. This information should be incorporated into management decisions when rare plant species conservation is …

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Understanding Mindfulness: Implications For Instruction And Learning, Todd Lyle Stoops Dec 2005

Understanding Mindfulness: Implications For Instruction And Learning, Todd Lyle Stoops

Graduate Theses, Dissertations, and Problem Reports (ETD)

This Dissertation examines the literature concerning Mindfulness as it relates to Educational Psychology and overviews a research study conducted to add empirical research on Mindfulness instruction and learning. The literature review is divided into three categories of Mindfulness which are defined and discussed according to applications and implications for education. These three categories are (a) Mindfulness as a meditative practice for teachers and in its use in teacher education programs, (b) clinical and therapeutic applications of Mindfulness in contemporary psychology, and (c) Mindfulness in Educational Psychology. Established constructs from the literature of psychology and education are related to the concepts …

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Perceptions Of Directors Of Special Education Related To Their Knowledge And Training, Francis J. Super Dec 2005

Perceptions Of Directors Of Special Education Related To Their Knowledge And Training, Francis J. Super

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study investigates the perceptions of the knowledge base that are held by directors of special education. The study focuses on one main research question: What is the knowledge base special education directors feel they need to know in the field of special education? Mixed methodology, constant comparative method as described by Maycut and Morehouse (1994) and Statistical Package for the Social Sciences, is used to analyze data from a survey and interviews. Survey data was collected from 45 current special education administrators along with in-depth interview data from 6 directors. The interviewees were chosen randomly using selective sampling based …

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Economics Of Information Security - Developing A Model For Information Security Cost Minimization, Solomon Ogara Dec 2005

Economics Of Information Security - Developing A Model For Information Security Cost Minimization, Solomon Ogara

Masters Theses & Doctoral Dissertations

In an increasingly global environment, any organization and or individual who seek to make a positive difference cannot ignore the need for an information strategy that would position them to be winners rather than losers in the market place. Given the growing scarcity of resources, such a strategy has to be carefully planned in such a way that it is cost effective and financially sustainable. The internal security measures should be such that they don't consume the resources of the organization and leave it unable to build a sustainable information security base. On the other hand there is always the …

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Selecting And Implementing A Large Scalable File System At Mayo Clinic, Charles S. Brust Dec 2005

Selecting And Implementing A Large Scalable File System At Mayo Clinic, Charles S. Brust

Masters Theses & Doctoral Dissertations

In the healthcare field, information is paramount to making correct decisions. Thus, healthcare organizations have historically kept all possible data, and applied it toward diagnosis, and later to research. In past years, the storage of these records meant large warehouses filled with folders of papers. In the early 1990s, healthcare companies began a conversion to electronic medical record keeping. With this conversion the stacks of records took on a new form: millions of files spread over many servers. The proliferation of these files has, over time, become unmanageable due to the large volume and the aging of support infrastructure. As …

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Uncle Sam Meets Uncle Scrooge - The Temporary Regulations On Foreign Partner Withholding (Part 2), Alan Appel Dec 2005

Uncle Sam Meets Uncle Scrooge - The Temporary Regulations On Foreign Partner Withholding (Part 2), Alan Appel

Articles & Chapters

Part 1 of this article in the October issue reviewed the final Regulations under Section 1446 of the Internal Revenue Code published by the IRS in the federal Register on May 18, 2005.2 In this second part, we review the Temporary Regulations (also TD 9200) and Proposed Regulations (REG-108524-00, with cross-reference to TD 9200) issued at the same time and redeem our promise to offer some comments on the future of this tangled area of the law.

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Exposure Utilization And Completion Of Cognitive Behavioral Therapy For Ptsd In A “Realworld” Clinical Practice, Claudia Zayfert, Jason C. Deviva, Carolyn Becker, Julie L. Pike, Karen L. Gillock, Sarah A. Hayes Dec 2005

Exposure Utilization And Completion Of Cognitive Behavioral Therapy For Ptsd In A “Realworld” Clinical Practice, Claudia Zayfert, Jason C. Deviva, Carolyn Becker, Julie L. Pike, Karen L. Gillock, Sarah A. Hayes

Department of Psychology: Faculty Publications

This study assessed rates of imaginal exposure therapy (ET) utilization and completion of cognitive behavioral therapy (CBT) for posttraumatic stress disorder (PTSD) in a clinical setting and examined variables associated with CBT completion. Using a clinical definition, the completion rate of CBT was markedly lower than rates reported in randomized trials. CBT completion was inversely related to severity of overall pretreatment measures of PTSD, avoidance, hyperarousal, depression, impaired social functioning, and borderline personality disorder. Regression yielded avoidance and depression as unique predictors of completion. Most dropouts occurred before starting imaginal ET, although initiating ET was associated with greater likelihood of …

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Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen Dec 2005

Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen

Court Review: Journal of the American Judges Association

The third panel discussion at the National Forum on Judicial Independence explores the tension between setting up specialized, problem-solving courts and maintaining judicial independence for the judges assigned to such courts. The discussion was led by then-AJA president Michael R. McAdam, a judge on the Kansas City (Mo.) Municipal Court. Panelists were Kevin S. Burke, a district judge and past chief judge of the Hennepin County (Minn.) District Court, and Mary Campbell McQueen, president of the National Center for State Courts. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.

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Rdr6 Has A Broad-Spectrum But Temperature-Dependent Antiviral Defense Role In Nicotiana Benthamiana, Feng Qu, Xiaohong Ye, Guichuan Hou, Shirley Sato, Thomas E. Clemente, Thomas Jack Morris Dec 2005

Rdr6 Has A Broad-Spectrum But Temperature-Dependent Antiviral Defense Role In Nicotiana Benthamiana, Feng Qu, Xiaohong Ye, Guichuan Hou, Shirley Sato, Thomas E. Clemente, Thomas Jack Morris

Nebraska Center for Virology: Faculty Publications

SDE1/SGS2/RDR6, a putative RNA-dependent RNA polymerase (RdRP) from Arabidopsis thaliana, has previously been found to be indispensable for maintaining the posttranscriptional silencing of transgenes, but it is seemingly redundant for antiviral defense. To elucidate the antiviral role of this RdRP in a different host plant and to evaluate whether plant growth conditions affect its role, we down-regulated expression of the Nicotiana benthamiana homolog, NbRDR6, and examined the plants for altered susceptibility to various viruses at different growth temperatures. The results we describe here clearly show that plants with reduced expression of NbRDR6 were more susceptible to all viruses tested …

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A New Species Of Petasiger (Digenea: Echinostomiformes: Echinostomatidae) In The Brown Pelican, Pelecanus Occidentalis, (Aves: Pelecaniformes: Pelecanidae), From The Área De Conservación Guanacaste, Costa Rica, David Zamparo, Daniel R. Brooks, Robin M. Overstreet Dec 2005

A New Species Of Petasiger (Digenea: Echinostomiformes: Echinostomatidae) In The Brown Pelican, Pelecanus Occidentalis, (Aves: Pelecaniformes: Pelecanidae), From The Área De Conservación Guanacaste, Costa Rica, David Zamparo, Daniel R. Brooks, Robin M. Overstreet

Harold W. Manter Laboratory of Parasitology: Faculty Publications

A new species of Petasiger inhabits Pelecanus occidentalis, from the Área de Conservación Guanacaste, Costa Rica. The new species most closely resembles Petasiger novemdecim Lutz 1929 and Petasiger caribbensis Nassi, 1980 by having 19 circumoral spines and vitelline follicles confluent between the ventral sucker and gonads. The new species differs from both of these species by having a cirrus sac that is anteroposteriorly elongate and that reaches posteriorly to the midventral sucker, an ovary and Mehlis' gland that overlap the anterior testis dorsally, a uterus that lies dorsal to the ventral sucker, and a dextromedial genital pore. In P. …

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Introduction Of Gerardo Pérez-Ponce De León, The 2005 Henry Baldwin Ward Medalist, Scott Lyell Gardner Dec 2005

Introduction Of Gerardo Pérez-Ponce De León, The 2005 Henry Baldwin Ward Medalist, Scott Lyell Gardner

Harold W. Manter Laboratory of Parasitology: Faculty Publications

Includes the text for the introduction for Gerardo Pérez-Ponce De León who was the 2005 recipient of the Henry Baldwin Ward Medal through the American Society of Parsitologists. [Note: The award introduction was not given in person due to the impending arrival of Hurricane Dennis in Mobile, Alabama, where the ASP meeting was being held that year.]

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Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro Dec 2005

Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro

Duke Law Journal

Employment, brokerage, and other contracts routinely include "predispute" arbitration clauses-provisions requiring the parties to submit any and all future disputes to arbitrators rather than courts. In recent years, courts have come to enforce these clauses in the vast run of cases, requiring parties to arbitrate even when the underlying dispute implicates employment discrimination, antitrust, or other "public law" rights. In response to this trend, interest has grown in the extent of courts' authority to overturn arbitral awards that do not give effect to such rights. At first blush, the Federal Arbitration Act (FAA) does not appear to authorize any such …

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Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel Dec 2005

Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel

Duke Law Journal

No abstract provided.

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Journal Staff Dec 2005

Journal Staff

Duke Law Journal

No abstract provided.

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An Ultra Wide Band Simulator Using Matlab/Simulink, Peter Vial, Beata J. Wysocki, Tadeusz A. Wysocki Dec 2005

An Ultra Wide Band Simulator Using Matlab/Simulink, Peter Vial, Beata J. Wysocki, Tadeusz A. Wysocki

Department of Electrical and Computer Engineering: Faculty Publications (to 2015)

Ultra Wide Band (UWB) is a promising technology for sensor networks, broadband wireless data access and location finding applications. This study outlines the development and validation of a single transmitter and receiver system across the multipath channel proposed by Saleh-Valenzuela. We have designed and tested a UWB simulator using MATLAB’s Simulink in combination with the Real Time Workshop(RTW) Tool box for Simulink using the Fixed Step Discrete Solvers of RTW which is required to produce executable simulations on multiple computers (both Linux and Microsoft based devices). This paper outlines the basic design and modules chosen for the simulation and compares …

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Using Asterisms To Decode Multi-User Mimo Systems, Phillip Conder, Tadeusz A. Wysocki Dec 2005

Using Asterisms To Decode Multi-User Mimo Systems, Phillip Conder, Tadeusz A. Wysocki

Department of Electrical and Computer Engineering: Faculty Publications (to 2015)

The area of Multiple Input Multiple Output (MIMO) communications systems has received enormous attention recently as they can provide a roughly linear increase in data rate by using multiple transmit and receive antennas. MIMO combined with an Turbo coding has been shown as a promising way to achieve near capacity for wireless channels. This paper proposes applying an Asterism based decoder to produce an additional multi user access scheme on top of the primary access method for Ad Hoc networks. After reviewing Sphere and Asterism decoding for MIMO systems with a larger number of transmit than receive antennas, this paper …

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Galactic Cosmic-Ray Modulation Using A Solar Minimum Mhd Heliosphere: A Stochastic Particle Approach, Bryan M. Ball, Ming Zhang, Hamid K. Rassoul, Timur J. Linde Dec 2005

Galactic Cosmic-Ray Modulation Using A Solar Minimum Mhd Heliosphere: A Stochastic Particle Approach, Bryan M. Ball, Ming Zhang, Hamid K. Rassoul, Timur J. Linde

Aerospace, Physics, and Space Science Faculty Publications

An example of Galactic cosmic-ray modulation in a fully three-dimensional heliosphere is presented here. We use a stochastic particle method to solve for modulation without requiring symmetric boundaries or fields. We include all typical modulation terms, including full three-dimensional drift. We have applied this to an MHD heliosphere appropriate for solar minimum conditions. This field includes nonradial solar wind velocity components, as well as a built-in nonspherical termination shock. Parameters that are of interest in modulation can be analyzed in detail, particularly the momentum change of cosmic rays during their transport through the heliosphere. We show radial profiles of modulation …

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Ecotoxicology And Environmental Education In The Development Of A Turtle Conservation Program In Southeastern Tennessee, Stefan L. Moss Dec 2005

Ecotoxicology And Environmental Education In The Development Of A Turtle Conservation Program In Southeastern Tennessee, Stefan L. Moss

Masters Theses and Doctoral Dissertations

In 1999, the Tennessee Aquarium initiated a long-term mark-recapture study to promote the conservation of freshwater turtles in the Tennessee River Gorge (TRG). The TRG consists of a 42-kilometer stretch of the Tennessee River surrounded by 27,000 acres (11,000 hectares) and is known as the "Grand Canyon of Tennessee." In 2002, the Aquarium established a partnership with The University of Tennessee at Chattanooga (UTC) and the Tennessee River Gorge Trust (TRGT) to expand the program. Since then, researchers at UTC have been conducting scientific research at the TRG each year in an effort to increase the amount of available information …

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The East Texan, 2005-12-01, Texas A&M University-Commerce Dec 2005

The East Texan, 2005-12-01, Texas A&M University-Commerce

All Issues

Volume 90, number 13 of The East Texan, a student newspaper published at Texas A&M University-Commerce.

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Reliability Measurement Of Mass Storage System For Onboard Instrumentation, Minsu Choi, Nohpill Park, Vincenzo Piuri, Fabrizio Lombardi Dec 2005

Reliability Measurement Of Mass Storage System For Onboard Instrumentation, Minsu Choi, Nohpill Park, Vincenzo Piuri, Fabrizio Lombardi

Electrical and Computer Engineering Faculty Research & Creative Works

Advances in spaceborne vehicular technology have made possible the long-life duration of the mission in harsh cosmic environments. Reliability and data integrity are the commonly emphasized requirements of spaceborne solid-state mass storage systems, because faults due to the harsh cosmic environments, such as extreme radiation, can be experienced throughout the mission. Acceptable dependability for these instruments has been achieved by using redundancy and repair. Reconfiguration (repair) of memory arrays using spare memory lines is the most common technique for reliability enhancement of memories with faults. Faulty cells in memory arrays are known to show spatial locality. This physical phenomenon is …

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Dynamic Growth Rates Of Microbial Populations In Activated Sludge Systems, Peter George Stroot, Pascal E. Saikaly, Daniel B. Oerther Dec 2005

Dynamic Growth Rates Of Microbial Populations In Activated Sludge Systems, Peter George Stroot, Pascal E. Saikaly, Daniel B. Oerther

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Results of mathematical modeling and whole cell 16S ribosomal RNA-targeted fluorescence in situ hybridizations challenge the widely held perception that microbial populations in "steady-state" activated sludge systems share a common net growth rate that is proportional to the inverse of the mean cell residence time. Our results are significant because they encourage bioprocess engineers to appreciate the differences in growth physiology among individual microbial populations in complex mixed microbial communities such as suspended growth activated sludge bioreactor systems.

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Hanging The Moonbow : Tom Wallace And The Cumberland Falls Fight, 1926-1931., Noah Garland Huffman 1981- Dec 2005

Hanging The Moonbow : Tom Wallace And The Cumberland Falls Fight, 1926-1931., Noah Garland Huffman 1981-

Electronic Theses and Dissertations

This thesis is an examination of Louisville Times editor Tom Wallace's fight to prevent the construction of a hydroelectric dam at Cumberland Falls, Kentucky between 1926 and 1931. By mining Wallace's recently cataloged personal papers, this study provides a narrative of Wallace's lead role in the campaign that resulted in the preservation of Cumberland Falls and the establishment of a state park on the site in 1931. More importantly, however, as a case study of conservation activism during the understudied period from late 1920s and early 1930s, this thesis illustrates how Wallace developed certain arguments and strategies that were especially …

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A West Virginia Family In World War Ii, Miles B. Berger Dec 2005

A West Virginia Family In World War Ii, Miles B. Berger

Graduate Theses, Dissertations, and Problem Reports (ETD)

As an analysis and examination of the letters of two West Virginia residents written during each resident's service in World War II, this thesis compares the wartime experiences of a brother and sister against secondary and primary source literature covering World War II and the Women's Army Auxiliary Corps/Women's Army Corps. The experiences of these two soldiers are told through an interpretation of their letters home and an examination of the training experiences of women and men in World War II. In addition, the first main section of the thesis, Chapter Two, is devoted to an overview and analysis of …

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Actin Nanokinematics Under The Influence Of Dc Electric Fields, Raghu Chilakamarri Dec 2005

Actin Nanokinematics Under The Influence Of Dc Electric Fields, Raghu Chilakamarri

Graduate Theses, Dissertations, and Problem Reports (ETD)

Molecular shuttles are nanometer-sized machines capable of transporting single molecules over small distances under user control. Actin-myosin system is a motor protein system, which naturally evolved within the cell for the nanoscale transport. The Acto-Myosin system is fuelled by ATP, converting chemical energy into linear motion. The gliding geometry movement of actin wherein the tails of the motors are adsorbed to the surface and the heads of the motors move the actin filaments across the surface can be exploited to achieve the directional control. The motion of actin in a specific direction and the surface of travel can be modified …

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The Ottawa Statement. International Registration Of Protocol Information And Results From Human Trials Of Health Related Interventions, Zbys Fedorowicz, Amani A. Al-Hajeri Dec 2005

The Ottawa Statement. International Registration Of Protocol Information And Results From Human Trials Of Health Related Interventions, Zbys Fedorowicz, Amani A. Al-Hajeri

Saudi Medical Journal

No abstract provided.

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