The View from the Bench and Chambers: Examining Judicial Process and Decision Making on the U.S. Courts of Appeals

For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.https://scholarship.richmond.edu/bookshelf/1137/thumbnail.jp

Party Capability and the U.S. Courts of Appeals: Understanding Why the “Haves” Win

While many studies have examined party capability theory, few have empirically examined the potential causal mechanisms underlying the theory. We do this by combining quantitative analyses with qualitative data drawn from interviews with over 60 US courts of appeals judges. We find that the “haves,” or repeat players, hire better lawyers and that these lawyers independently contribute to the success of the repeat players. We also find that the advantages of the haves extend to all parties, though to a lesser extent than the advantages enjoyed by the US government. These results remain robust after controlling for ideology

Do Bills of Rights Matter? An Examination of Court Change, Judicial Ideology, and the Support Structure for Rights in Canada

Competing theories regarding the development of a rights revolution in Canada have appeared in the judicial and constitutional literature in recent years. On the one hand, scholars argue that the profound effects often attributed to the Charter of Rights and Freedoms are substantially overstated, and conventional analyses have overlooked the more important role of changes in what is called the support structure for rights. Others have advanced a competing theory that the Charter created an expansion of civil liberties. We take advantage of an extensive dataset on the decisions of the Supreme Court of Canada to provide a more systematic test of these competing theories. We conclude that the adoption of the Charter had effects on both the rights agenda and the constitutional issues agenda of the Court, which were both substantively large and statistically significant. There was some indication that changes in agenda control mattered, but the effects were not consistent across our time-series models. The more limited claim that increases in the support structure are one of multiple factors that are associated with agenda change received only mixed support. In short, we found that bills of rights do matter

Do Bills of Rights Matter? An Examination of Court Change, Judicial Ideology, and the Support Structure for Rights in Canada

Competing theories regarding the development of a rights revolution in Canada have appeared in the judicial and constitutional literature in recent years. On the one hand, scholars argue that the profound effects often attributed to the Charter of Rights and Freedoms are substantially overstated, and conventional analyses have overlooked the more important role of changes in what is called the support structure for rights. Others have advanced a competing theory that the Charter created an expansion of civil liberties. We take advantage of an extensive dataset on the decisions of the Supreme Court of Canada to provide a more systematic test of these competing theories. We conclude that the adoption of the Charter had effects on both the rights agenda and the constitutional issues agenda of the Court, which were both substantively large and statistically significant. There was some indication that changes in agenda control mattered, but the effects were not consistent across our time-series models. The more limited claim that increases in the support structure are one of multiple factors that are associated with agenda change received only mixed support. In short, we found that bills of rights do matter

Do Bills of Rights Matter?: An Examination of Court Change, Judicial Ideology, and the Support Structure for Rights in Canada

Competing theories regarding the development of a “rights revolution” in Canada have appeared in the judicial and constitutional literature in recent years. On the one hand, scholars argue that the profound effects often attributed to the Charter of Rights and Freedoms are substantially overstated, and conventional analyses have overlooked the more important role of changes in what is called the “support structure” for rights. Others have advanced a competing theory that the Charter created an expansion of civil liberties. We take advantage of an extensive dataset on the decisions of the Supreme Court of Canada to provide a more systematic test of these competing theories. We conclude that the adoption of the Charter had effects on both the rights agenda and the constitutional issues agenda of the Court, which were both substantively large and statistically significant. There was some indication that changes in agenda control mattered, but the effects were not consistent across our time-series models. The more limited claim that increases in the support structure are one of multiple factors that are associated with agenda change received only mixed support. In short, we found that bills of rights do matter

Geology and palaeontology of the Hindon Maar Complex: A Miocene terrestrial fossil Lagerstätte in southern New Zealand

Highlights • Hindon Maar Complex is a new mid-Miocene Fossil-Lagerstätte in New Zealand. • Anoxia in maar lakes allowed exquisite preservation of plant and animal fossils. • The biota is from a lake and Nothofagus/podocarp/mixed broadleaf forest ecosystem. • Fossils record high diversity at humid, warm Southern Hemisphere mid-latitudes. Abstract This paper highlights the geology, biodiversity and palaeoecology of the Hindon Maar Complex, the second Miocene Konservat-Lagerstätte to be described from New Zealand. The Lagerstätte comprises four partly eroded maar-diatreme volcanoes, with three craters filled by biogenic and highly fossiliferous lacustrine sediments. The exceptionally well-preserved and diverse biota from the site is derived from a mid-latitude Southern Hemisphere lake-forest palaeoecosystem, including many fossil taxa not previously reported from the Southern Hemisphere. The most common macrofossils are leaves of Nothofagus, but the flora also includes conifers, cycads, monocots (such as Ripogonum and palms), together with Lauraceae, Myrtaceae and Araliaceae leaves and flowers. The small maar lakes were surrounded by Nothofagus/podocarp/mixed broadleaf forest growing under humid, warm temperate to subtropical conditions. The fossil fauna comprises insects in the orders Odonata, Hemiptera, Thysanoptera, Coleoptera, Diptera, Hymenoptera and Trichoptera, and the fish assemblage includes a non-migratory species of the Southern Hemisphere Galaxias (Galaxiidae) and a significant new record of the freshwater eel Anguilla (Anguillidae). The fossil assemblage also includes the first pre-Quaternary bird feathers from New Zealand and abundant coprolites derived from fish and volant birds, presumably waterfowl. Palynomorph analysis and a 40Ar/39Ar age of 14.6 Ma obtained from basanite associated with the maar complex indicate that the Hindon Maar Complex is of mid-Miocene age (Langhian; New Zealand local stage: Lillburnian). It thus provides a new and unique perspective on Neogene terrestrial biodiversity and biogeography in the Australasian region, around the end of the mid-Miocene thermal optimum and prior to late Miocene–Pleistocene climate cooling episodes when many warm-temperate and subtropical forest components became extinct in New Zealand

Improving Together: A National Framework for Quality and GP Clusters in Scotland

Improving together will complement the development of the Scottish national GP contract that sets out the role of GPs and their important contribution as clinical leaders and expert medical generalists working in a community setting. This framework will be reviewed by the Scottish Government and the Scottish General Practitioners Committee of the BMA on a periodic basis, attentive to feedback from those involved in delivering its intent. As such, it is a framework that will develop to its full potential over time, as elements of the transformation of primary care in Scotland create the capacity to do so

Characterization of HCV Interactions with Toll-Like Receptors and RIG-I in Liver Cells

The aim of this study was to examine the mechanisms of IFN induction and viral escape. In order to accomplish the goal we compared our new hepatoma cell line LH86, which has intact TLR3 and RIG-I expression and responds to HCV by inducing IFN, with Huh7.5 cells which lack those features.The initial interaction of LH86 cells, Huh7.5 cells or their transfected counter parts (LH86 siRIG-I, siTLR3 or siTLR7 and Huh7.5 RIG-I, TLR3 or TLR7) after infection with HCV (strain JFH-1) was studied by measuring the expression levels of IFNβ, TRAIL, DR4, DR5 and their correlation to viral replication.HCV replicating RNA induces IFN in LH86 cells. The IFN induction system is functional in LH86, and the expression of the RIG-I and TLR3 in LH86 is comparable to the primary hepatocytes. Both proteins appear to play important roles in suppression of viral replication. We found that innate immunity against HCV is associated with the induction of apoptosis by RIG-I through the TRAIL pathway and the establishment of an antiviral state by TLR3. HCV envelope proteins interfere with the expression of TLR3 and RIG-I.These findings correlate with the lower expression level of PRRs in HCV chronic patients and highlight the importance of the PRRs in the initial interaction of the virus and its host cells. This work represents a novel mechanism of viral pathogenesis for HCV and demonstrates the role of PRRs in viral infection

Environmental risk factors for Toxoplasma gondii infections and the impact of latent infections on allostatic load in residents of Central North Carolina

Abstract Background Toxoplasma gondii infection can be acquired through ingestion of infectious tissue cysts in undercooked meat or environmental oocysts excreted by cats. This cross-sectional study assessed environmental risk factors for T. gondii infections and an association between latent infections and a measure of physiologic dysregulation known as allostatic load. Methods Serum samples from 206 adults in the Durham-Chapel Hill, North Carolina area were tested for immunoglobulin (IgG) responses to T. gondii using commercial ELISA kits. Allostatic load was estimated as a sum of 15 serum biomarkers of metabolic, neuroendocrine and immune functions dichotomized at distribution-based cutoffs. Vegetated land cover within 500 m of residences was estimated using 1 m resolution data from US EPA’s EnviroAtlas. Results Handling soil with bare hands at least weekly and currently owning a cat were associated with 5.3 (95% confidence limits 1.4; 20.7) and 10.0 (2.0; 50.6) adjusted odds ratios (aOR) of T. gondii seropositivity, respectively. There was also a significant positive interaction effect of handling soil and owning cats on seropositivity. An interquartile range increase in weighted mean vegetated land cover within 500 m of residence was associated with 3.7 (1.5; 9.1) aOR of T. gondii seropositivity. Greater age and consumption of undercooked pork were other significant predictors of seropositivity. In turn, T. gondii seropositivity was associated with 61% (13%; 130%) greater adjusted mean allostatic load compared to seronegative individuals. In contrast, greater vegetated land cover around residence was associated with significantly reduced allostatic load in both seronegative (p < 0.0001) and seropositive (p = 0.004) individuals. Conclusions Residents of greener areas may be at a higher risk of acquiring T. gondii infections through inadvertent ingestion of soil contaminated with cat feces. T. gondii infections may partially offset health benefits of exposure to the natural living environment