When Taint Teams Go Awry: Laundering Unconstitutional Violations of the Fourth Amendment

In this Article, we examine the legal landscape in which taint teams operate, why taint teams are constitutionally problematic, and propose a solution to protect the attorney-client privilege. In Part I, we will first describe what taint teams are supposed to protect—attorney-client privilege. Next, we review how a taint team gets its documents to review, namely the doctrine surrounding (secret) search warrants. Part I ends with a non exhaustive summary of remedies available when attorney-client privilege is violated during searches. In Part II, we explain the current policies and practices surrounding taint teams, including sources of procedure for taint teams and the use of warrants for electronic information. Part II concludes with a summary of the lopsided pre-2019 split in authority on the use of taint teams in federal criminal prosecutions. Part III is devoted to examining the constitutional and practical shortcomings of the current formulation of taint teams. Using a 2019 case that forcefully criticized the use of taint teams, we explore constitutional issues under the Bill of Rights and separation-of-powers doctrine. Part III concludes with a discussion of the federal government’s proposed solution to these judicially identified deficiencies and an explanation of why that solution is wholly inadequate. In Part IV, we review a series of possible solutions already in practice in various jurisdictions and then propose a new solution to resolve the constitutional issues of taint teams and protect attorney-client privilege. Specifically, we propose a new structure that locates privilege-review teams as a function within the federal public defender’s office, where judicial officers make recommended privilege determinations subject to judicial review. We explain that this solves the Fourth Circuit’s constitutional criticisms while simultaneously recognizing the need to review potentially privileged materials by someone other than the target of an investigation

The intervening role of urgency on the association between childhood maltreatment, PTSD, and substance-related problems

A range of risk factors lead to opioid use and substance-related problems (SRP) including childhood maltreatment, elevated impulsivity, and psychopathology. These constructs are highly interrelated such that childhood maltreatment is associated with elevated impulsivity and trauma-related psychopathology such as posttraumatic stress disorder (PTSD), and impulsivity-particularly urgency-and PTSD are related. Prior work has examined the association between these constructs and substance-related problems independently and it is unclear how these multi-faceted constructs (i.e., maltreatment types and positive and negative urgency) are associated with one another and SRP. The current study used structural equation modeling (SEM) to examine the relations among childhood maltreatment, trait urgency, PTSD symptoms, and SRP in a sample of individuals with a history of opioid use. An initial model that included paths from each type of childhood maltreatment, positive and negative urgency, PTSD and SRP did not fit the data well. A pruned model with excellent fit was identified that suggested emotional abuse, positive urgency, and negative urgency were directly related to PTSD symptoms and only PTSD symptoms were directly related to SRP. Furthermore, significant indirect effects suggested that emotional abuse and negative urgency were related to SRP via PTSD symptom severity. These results suggest that PTSD plays an important role in the severity of SRP

Modes of Multiple Star Formation

This paper argues that star forming environments should be classified into finer divisions than the traditional isolated and clustered modes. Using the observed set of galactic open clusters and theoretical considerations regarding cluster formation, we estimate the fraction of star formation that takes place within clusters. We find that less than 10% of the stellar population originates from star forming regions destined to become open clusters, confirming earlier estimates. The smallest clusters included in the observational surveys (having at least N=100 members) roughly coincide with the smallest stellar systems that are expected to evolve as clusters in a dynamical sense. We show that stellar systems with too few members N < N_\star have dynamical relaxation times that are shorter than their formation times (1-2 Myr), where the critical number of stars N_\star \approx 100. Our results suggest that star formation can be characterized by (at least) three principal modes: I. isolated singles and binaries, II. groups (N<N_\star), and III. clusters (N>N_\star). Many -- if not most -- stars form through the intermediate mode in stellar groups with 10<N<100. Such groups evolve and disperse much more rapidly than open clusters; groups also have a low probability of containing massive stars and are unaffected by supernovae and intense ultraviolet radiation fields. Because of their short lifetimes and small stellar membership, groups have relatively little effect on the star formation process (on average) compared to larger open clusters.Comment: accepted to The Astrophysical Journa

Acceptability of temporary suspension of visiting during norovirus outbreaks:investigating patient, visitor and public opinion

Background Noroviruses are a leading cause of outbreaks globally and the most common cause of service disruption due to ward closures. Temporary suspension of visiting (TSV) is increasingly a recommended public health measure to reduce exposure, transmission and impact during norovirus outbreaks; however, preventing patient–visitor contact may contravene the ethos of person-centred care, and public acceptability of this measure is not known. Aim To investigate the acceptability of TSV during norovirus outbreaks from the perspectives of patients, visitors and the wider public. Methods Cross-sectional survey of patients (N = 153), visitors (N = 175) and the public (N = 224) in three diverse areas in Scotland. Health Belief Model constructs were applied to understand ratings of acceptability of TSV during norovirus outbreaks, and to determine associations between these levels and various predictor variables. Findings The majority (84.6%) of respondents indicated that the possible benefits of TSV are greater than the possible disadvantages. Conversely, the majority (70%) of respondents disagreed that TSV ‘is wrong as it ignores people's rights to have contact with family and friends’. The majority (81.6%) of respondents agreed that TSV would be more acceptable if exceptions were made for seriously ill or dying patients. Correlational analysis demonstrated that overall acceptability was positively related to perceived severity (r = 0.65), identified benefits (r = 0.54) and implementing additional communication strategies (r = 0.60); acceptability was negatively related to potential barriers (r = −0.49). Conclusions There is greater service user and public support for the use of TSV than concerns around impinging upon patients' rights to have visitors. TSV should be considered as an acceptable infection control measure that could be implemented consistently during norovirus outbreaks

PD-1 is a regulator of virus-specific CD8+ T cell survival in HIV infection

Here, we report on the expression of programmed death (PD)-1 on human virus-specific CD8+ T cells and the effect of manipulating signaling through PD-1 on the survival, proliferation, and cytokine function of these cells. PD-1 expression was found to be low on naive CD8+ T cells and increased on memory CD8+ T cells according to antigen specificity. Memory CD8+ T cells specific for poorly controlled chronic persistent virus (HIV) more frequently expressed PD-1 than memory CD8+ T cells specific for well-controlled persistent virus (cytomegalovirus) or acute (vaccinia) viruses. PD-1 expression was independent of maturational markers on memory CD8+ T cells and was not directly associated with an inability to produce cytokines. Importantly, the level of PD-1 surface expression was the primary determinant of apoptosis sensitivity of virus-specific CD8+ T cells. Manipulation of PD-1 led to changes in the ability of the cells to survive and expand, which, over several days, affected the number of cells expressing cytokines. Therefore, PD-1 is a major regulator of apoptosis that can impact the frequency of antiviral T cells in chronic infections such as HIV, and could be manipulated to improve HIV-specific CD8+ T cell numbers, but possibly not all functions in vivo

Formation of low-mass stars and brown dwarfs

These lectures attempt to expose the most important ideas, which have been proposed to explain the formation of stars with particular emphasis on the formation of brown dwarfs and low-mass stars. We first describe the important physical processes which trigger the collapse of a self-gravitating piece of fluid and regulate the star formation rate in molecular clouds. Then we review the various theories which have been proposed along the years to explain the origin of the stellar initial mass function paying particular attention to four models, namely the competitive accretion and the theories based respectively on stopped accretion, MHD shocks and turbulent dispersion. As it is yet unsettled whether the brown dwarfs form as low-mass stars, we present the theory of brown dwarfs based on disk fragmentation stressing all the uncertainties due to the radiative feedback and magnetic field. Finally, we describe the results of large scale simulations performed to explain the collapse and fragmentation of molecular clouds.Comment: proceedings of the Evry Schatzman School on "Low-mass stars and the transition between stars and brown dwarfs" (Roscoff 2011), to appear in EAS Publication Series (Eds C.Reyl\'e, C.Charbonnel, & M.Schultheis

Search for associated Higgs boson production using like charge dilepton events in p(p)over-bar collisions at root s=1.96 TeV

We present a search for associated Higgs boson production in the process p (p) over bar -> W/ZH -> l(+/-)l'(+/-) + X in ee, e mu, and mu mu final states. The search is based on data collected by the D0 experiment at the Fermilab Tevatron Collider at root s = 1.96 TeV corresponding to 5.3 fb(-1) of integrated luminosity. We require two isolated leptons (electrons or muons) with the same electric charge and additional kinematic requirements. No significant excess above background is observed, and we set 95% C. L. observed (expected) upper limits on ratio of the production cross section to the standard model prediction of 6.4 (7.3) for a Higgs boson mass of 165 GeV and 13.5 (19.8) for a mass of 115 GeV

RICE Limits on the Diffuse Ultra-High Energy Neutrino Flux

We present new limits on ultra-high energy neutrino fluxes above 100 PeV based on data collected by the Radio Ice Cherenkov Experiment (RICE) at the South Pole from 1999-2005. We discuss estimation of backgrounds, calibration and data analysis algorithms (both on-line and off-line), procedures used for the dedicated neutrino search, and refinements in our Monte Carlo (MC) simulation, including recent in situ measurements of the complex ice dielectric constant. An enlarged data set and a more detailed study of hadronic showers results in a sensitivity improvement of more than one order of magnitude compared to our previously published results. Examination of the full RICE data set yields zero acceptable neutrino candidates, resulting in 95% confidence-level model dependent limits on the flux (E_\nu)^2(d\phi/dE_\nu)<10^{-6} GeV/(cm^2s~sr}) in the energy range 10^{17}< E_\nu< 10^{20} eV. The new RICE results rule out the most intense flux model projections at 95% confidence level.Comment: Submitted to Astropart. Phy