Discovering a Better Way: The Need for Effective Civil Litigation Reform

This Article addresses the myriad problems posed by unfettered discovery in the United States Rather than promoting fairness and efficiency in the American legal system, plaintiffs today often use discovery in an abusive and vexatious manner to coerce defendants into accepting quick settlements Over the past several decades, discovery has expanded in both scope and magnitude such that discovery costs now account for at least half of the total litigation costs in any given case The advent of electronic discovery has only exacerbated the problem, given the sheer number of electronic documents generated in the course of business and the corresponding time, effort, and cost associated with electronic discovery Although recent efforts to amend the Federal Rules of Civil Procedure have failed to combat the abuses of civil discovery, meaningful and effective reform of the current system is possible This Article proposes a number of pragmatic reforms-including adopting the English rule for discovery disputes and suspending discovery during the pendency of a motion to dismiss-to mitigate the abusive and costly nature of discovery in the United State

Sports Franchise Relocation: Competitive Markets and Taxpayer Protection

In 1958, Walter O\u27Malley moved his baseball team from Brooklyn to Los Angeles. This franchise relocation affected professional sports leagues in two significant ways: it expanded the market for professional sports to cities on the west coast and altered the relationship between sports franchises and their communities. O\u27Malley moved his team not because of a lack of support from either the team\u27s fans or the city-traditional justifications for franchise movement-but rather in hopes of higher financial returns

Decoupling social status and status certainty effects on health in macaques: a network approach.

BackgroundAlthough a wealth of literature points to the importance of social factors on health, a detailed understanding of the complex interplay between social and biological systems is lacking. Social status is one aspect of social life that is made up of multiple structural (humans: income, education; animals: mating system, dominance rank) and relational components (perceived social status, dominance interactions). In a nonhuman primate model we use novel network techniques to decouple two components of social status, dominance rank (a commonly used measure of social status in animal models) and dominance certainty (the relative certainty vs. ambiguity of an individual's status), allowing for a more complex examination of how social status impacts health.MethodsBehavioral observations were conducted on three outdoor captive groups of rhesus macaques (N = 252 subjects). Subjects' general physical health (diarrhea) was assessed twice weekly, and blood was drawn once to assess biomarkers of inflammation (interleukin-6 (IL-6), tumor necrosis factor-alpha (TNF-α), and C-reactive protein (CRP)).ResultsDominance rank alone did not fully account for the complex way that social status exerted its effect on health. Instead, dominance certainty modified the impact of rank on biomarkers of inflammation. Specifically, high-ranked animals with more ambiguous status relationships had higher levels of inflammation than low-ranked animals, whereas little effect of rank was seen for animals with more certain status relationships. The impact of status on physical health was more straightforward: individuals with more ambiguous status relationships had more frequent diarrhea; there was marginal evidence that high-ranked animals had less frequent diarrhea.DiscussionSocial status has a complex and multi-faceted impact on individual health. Our work suggests an important role of uncertainty in one's social status in status-health research. This work also suggests that in order to fully explore the mechanisms for how social life influences health, more complex metrics of social systems and their dynamics are needed

Mercury inputs to Great Salt Lake, Utah: Reconnaissance-Phase results

In response to increasing public concern regarding mercury (Hg) cycling in Great Salt Lake (GSL) ecosystem, a series of studies were initiated to differentiate between the mass of Hg from riverine versus atmospheric sources to GSL. Cumulative riverine Hg load to GSL during a 1 year time period (April 1, 2007 to March 31, 2008) was 6 kg, with almost 50% of the cumulative Hg load contributed by outflow from Farmington Bay. Comparison of cumulative annual atmospheric Hg deposition (32 kg) to annual riverine deposition (6 kg) indicates that atmospheric deposition is the dominant input source to GSL. A sediment core collected from the southern arm of GSL was used to reconstruct annual Hg deposition rates over the past ~ 100 years. Unlike most freshwater lakes, small changes in water level in GSL significantly changes the lake surface area available for direct deposition of atmospheric Hg. There is good agreement between lake elevation (and corresponding lake surface area) and Hg deposition rates estimated from the sediment core. Higher lake levels, combined with sediment focusing processes, result in an increase in Hg accumulation rates observed in the sediment core. These same combination of processes are responsible for the lower Hg accumulation rates observed in the sediment core during historic low stands of GSL

Inhibition of the inositol kinase Itpkb augments calcium signaling in lymphocytes and reveals a novel strategy to treat autoimmune disease

Emerging approaches to treat immune disorders target positive regulatory kinases downstream of antigen receptors with small molecule inhibitors. Here we provide evidence for an alternative approach in which inhibition of the negative regulatory inositol kinase Itpkb in mature T lymphocytes results in enhanced intracellular calcium levels following antigen receptor activation leading to T cell death. Using Itpkb conditional knockout mice and LMW Itpkb inhibitors these studies reveal that Itpkb through its product IP4 inhibits the Orai1/Stim1 calcium channel on lymphocytes. Pharmacological inhibition or genetic deletion of Itpkb results in elevated intracellular Ca2+ and induction of FasL and Bim resulting in T cell apoptosis. Deletion of Itpkb or treatment with Itpkb inhibitors blocks T-cell dependent antibody responses in vivo and prevents T cell driven arthritis in rats. These data identify Itpkb as an essential mediator of T cell activation and suggest Itpkb inhibition as a novel approach to treat autoimmune disease

TAK1 Is Required for Survival of Mouse Fibroblasts Treated with TRAIL, and Does So by NF-κB Dependent Induction of cFLIPL

Tumor necrosis factor (TNF)-related apoptosis-inducing ligand (TRAIL) is known as a “death ligand”—a member of the TNF superfamily that binds to receptors bearing death domains. As well as causing apoptosis of certain types of tumor cells, TRAIL can activate both NF-κB and JNK signalling pathways. To determine the role of TGF-β-Activated Kinase-1 (TAK1) in TRAIL signalling, we analyzed the effects of adding TRAIL to mouse embryonic fibroblasts (MEFs) derived from TAK1 conditional knockout mice. TAK1−/− MEFs were significantly more sensitive to killing by TRAIL than wild-type MEFs, and failed to activate NF-κB or JNK. Overexpression of IKK2-EE, a constitutive activator of NF-κB, protected TAK1−/− MEFs against TRAIL killing, suggesting that TAK1 activation of NF-κB is critical for the viability of cells treated with TRAIL. Consistent with this model, TRAIL failed to induce the survival genes cIAP2 and cFlipL in the absence of TAK1, whereas activation of NF-κB by IKK2-EE restored the levels of both proteins. Moreover, ectopic expression of cFlipL, but not cIAP2, in TAK1−/− MEFs strongly inhibited TRAIL-induced cell death. These results indicate that cells that survive TRAIL treatment may do so by activation of a TAK1–NF-κB pathway that drives expression of cFlipL, and suggest that TAK1 may be a good target for overcoming TRAIL resistance

Sports Franchise Relocation: Competitive Markets and Taxpayer Protection

In 1958, Walter O\u27Malley moved his baseball team from Brooklyn to Los Angeles. This franchise relocation affected professional sports leagues in two significant ways: it expanded the market for professional sports to cities on the west coast and altered the relationship between sports franchises and their communities. O\u27Malley moved his team not because of a lack of support from either the team\u27s fans or the city-traditional justifications for franchise movement-but rather in hopes of higher financial returns

Fluctuating Environments and Phytoplankton Community Structure

Spatial heterogeneity in the distribution of organisms and their resources is likely to lead to temporal heterogeneity in access to resources for simple aquatic organisms like phytoplankton. The role of temporal heterogeneity as a possible structuring force for simple communities is investigated with a stochastic model of interacting populations. The ability of phytoplankton with contrasting life histories (gleaners vs. opportunists) to coexist is examined in fluctuating environments which are poor or rich in background nutrient supply levels. Rates of nutrient supply fluctuate with both deterministic and stochastic components. Demographic stochasticity is also incorporated into a modified chemostat model. When compared to the results of the deterministic model, the stochastic model allows for coexistence over a wider range of parameter values (or life history types). Both environmental and demographic stochasticity are important model components for this result. Stochasticity has a la..

Effects of experimental thermocline and oxycline deepening on methylmercury bioaccumulation in a Canadian Shield lake

Environmental disturbances like deforestation or climate change may influence lake thermal and oxic stratification, thereby modifying cycles of contaminants such as mercury (Hg). In a lake naturally separated into three basins, the thermocline and oxycline of an experimental basin were deepened by 4 and 3 m, respectively, to study the effect on the methylmercury (MeHg) accumulation. This treatment decreased hypolimnetic MeHg concentration by approximately 90%, zooplankton concentrations by 30 to 50%, and in some fish by 45%. A multiple linear regression indicated that oxycline depth significantly influenced hypolimnetic MeHg concentrations, with no significant effect of thermocline depth, anoxic water volume, interface area of oxic-anoxic water, and sediment area in contact with anoxic water. Fish MeHg decline varied, with a greater response by low oxygen-tolerant bullhead. Increased pelagic primary and secondary production likely caused zooplankton and fish MeHg decreases via algal and growth dilution. Environmental changes leading to oxycline deepening are therefore predicted to cause a decrease in MeHg bioaccumulation in similar Canadian Shield lakes. If associated ecosystem impacts related to the deepening treatment are deemed acceptable, then this experiment provides a potential remediation method for small lakes confronted with MeHg accumulation