Neutralizing the Stratagem of “Snap Removal”: A Proposed Amendment to the Judicial Code

The “Removal Jurisdiction Clarification Act” is a narrowly tailored legislative proposal designed to resolve a widespread conflict in the federal district courts over the proper interpretation of the statutory “forum-defendant” rule. The forum-defendant rule prohibits removal of a diversity case “if any of the parties in interest properly joined and served as defendants is a citizen of the [forum state].” 28 U.S.C. § 1441(b)(2) (emphasis added). Some courts, following the “plain language” of the statute, hold that defendants can avoid the constraints of the rule by removing diversity cases to federal court when a citizen of the forum state has been joined as a defendant but has not yet been served. This stratagem has been referred to as “snap removal.” Other courts reject the stratagem. They take a “purposive” approach, typically reasoning that following the plain language “produces a result that is at clear odds with congressional intent.” Resolution of the conflict can come only from Congress. The preferable resolution is to neutralize the stratagem of snap removal by requiring district courts to remand cases to the appropriate state court if, after removal, the plaintiff timely serves one or more forum defendants and a timely motion to remand follows. That is the approach taken by the proposed legislation. The legislation also would confirm that the forum-defendant rule is not jurisdictional, endorsing the position taken by all but one of the circuits that have considered the question

The ER-2 meteorological measurement system

The objectives of ER-2 Meteorological Measurement System (MMS) are: (1) to measure the meteorological parameters (pressure, temperature, and the three dimensional wind vector) accurately; (2) to provide high resolution data on atmospheric state variables and aircraft flight track to ER-2 investigators on a timely basis; and (3) to conduct collaborative research in atmospheric dynamics and chemistry. A summary of progress and results are presented

Linking the Supermassive Black Hole Growth with the Megamaser Emission

High-resolution observations of the central few 100 pc of the galactic nuclear environments remain prohibitive for large statistical samples, which are crucial for tracing the links between central black hole formation, galaxy formation and AGN activity over cosmic time. With this contribution, we present novel ways of connecting the physics of black hole accretion with its immediate environs via a new quantitative evaluation of the degree to which the strength and spatial configuration of the water maser emission is associated with the nuclear nebular galactic activity. We discuss possible evolutionary/causal connections between these two types of emission, together with criteria that could dramatically enhance our search for mega-maser systems in nearby galactic centers. These are timely results given the interest in combining high-resolution observations with extremely large optical telescopes and large arrays that start to conquer the sub-millimeter window.Comment: 7 pages, 5 figures, to appear in "The Central Kiloparsec in Galactic Nuclei: Astronomy at High Angular Resolution 2011", open access Journal of Physics: Conference Series (JPCS), published by IOP Publishin

The International X-ray Observatory

The International X-ray Observatory (IXO) is a joint ESA-JAXA-NASA effort to address fundamental and timely questions in astrophysics: What happens close to a black hole? How did supermassive black holes grow? How does large scale structure form? What is the connection between these processes? To address these questions IXO will employ optics with 3 sq m collecting area and 5 arc sec angular resolution - 20 times more collecting area at 1 keV than any previous X-ray observatory. Focal plane instruments will deliver a 100-fold increase in effective area for high-resolution spectroscopy, deep spectral imaging over a wide field of view, unprecedented polarimetric sensitivity, microsecond spectroscopic timing, and high count rate capability. The mission is being planned for launch in 2021 to an L2 orbit, with a five-year lifetime and consumables for 10 years.Comment: 6 pages, 3 figures, for conference "X-ray Astronomy 2009 Present status, multi-wavelength approach and future perspectives

Rural Primary Care and the Diagnostic Resolution of Abnormal Screening Mammograms: A Mixed Methods Study in Rural Missouri

Rural health clinics (RHCs) and federally qualified health centers (FQHCs) play a vital role in initiating cancer screening in underserved, rural settings. Yet there is limited information about their involvement in diagnostic tests when a mammogram result is abnormal. Diagnostic resolution of abnormal mammograms varies widely by geographic location and resources, and timely resolution is important for addressing rural-urban cancer disparities. This mixed methods study in a rural region of Missouri with high rates of cancer mortality examined the roles of primary care providers during follow-up after an abnormal mammogram, the processes they used, and the clinic specific variations among these roles and processes. Our data show substantial involvement of primary care during follow-up, with differences in resources and formalized and informal strategies between FQHCs and RHCs. Elucidating roles and processes is a necessary step before evidence based strategies, often developed in urban settings, can be adapted for rural settings

The Price of Judicial Economy in the US

In the US, courts widely perceive that judicial scarcity is a common problem threatening the fair and timely resolution of disputes. Courts cite the attendant interest in judicial economy to justify interpreting the procedural and substantive law to reduce the judicial workload or accelerate the resolution of cases. But courts’ assumption that there are too few judges to handle the current caseload is hard to substantiate. First, it may not be possible to infer from excessive judicial backlogs or other perceived judicial deficiencies that a shortfall of judges is to blame. Second, even when one confidently perceives that a judicial backlog or other deficiency in a particular US court is attributable to a dearth of judges, one cannot fairly generalize from that example to other US courts and jurisdictions. And third, judgments about judicial deficiencies popularly attributed to the inadequacy of judicial resources may turn on contestable assumptions about judges and adjudication. Given these challenges to measuring the adequacy of judicial resources, one might be skeptical whether judicial economies are worth the costs they impose

Complicated enterocele: timely resolution with bowel resection via a vaginal approach: case report

Background: Enterocele is an uncommon, serious condition that requires accurate and early diagnosis to prevent complications such as intestinal obstruction, incarceration, and strangulation, with consequent intestinal ischemia, necrosis, and evisceration. We report a rare case of a patient with a voluminous enterocele and initial signs of intestinal ischemia who underwent urgent vaginal surgery. Case description: An 80-year-old woman presented with a voluminous mass protruding from the vagina, associated abdominopelvic pain, a 10-day history of bowel sub-occlusion, and numerous episodes of profuse vaginal bleeding. She was diagnosed with an enterocele with early signs of complications. Owing to her advanced clinical condition and comorbidities, we opted for an urgent vaginal procedure. Intestinal loops with initial signs of ischemia were resected via a transvaginal approach, leading to good clinical outcomes. She was discharged on postoperative day 5. Conclusions: This rare case highlights a surgical emergency that was managed with transvaginal resection of the intestine. Early identification of the initial signs of complications allowed for this less invasive approach, resulting in reduced morbidity and length of hospital stay