The Constitutional Politics of Interpreting Section 5 of the Fourteenth Amendment

This essay analyzes the Rehnquist Court’s Section 5 cases by first, in Section I, establishing how the Supreme Court has historically assumed the task of interpreting Congress’ power to act under the Fourteenth Amendment. Two periods, Reconstruction and then the mid- 1960s, are examined because they present contrasting views about the scope of what the Fourteenth Amendment and its enforcement section means. Section II then surveys Section 5 cases from the Rehnquist Court in order to illustrate how its jurisprudence mirrors the antifederalist rhetoric established in the post-reconstruction era while, not surprisingly, departing from the principles set forth in the Warren Court’s egalitarian revolution. Section III analyzes the Rehnquist Court’s Section 5 jurisprudence while predicting how the Court is likely to approach deciding Hibbs v. Department of Human Resources, 22 a Ninth Circuit case the Court agreed to decide in the 2002-03 Term. It also concludes that the Court, in Hibbs, is likely to apply an interpretivist construction of Section 5 power that will reaffirm the antifederalist doctrine established in the Reconstruction period and, as a result, reassert judicial supremacy, while missing another opportunity to align constitutional law doctrine with the framer’s more salutary design in creating the Fourteenth Amendment

The Pedagogical Considerations of Using a Constitutional Law Textbook in Political Science

This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O\u27Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of what is political science?, a query that ought to be routinely asked by anyone teaching public law courses. Second, they omit sufficient explanation of the fundamentals of conducting legal research and writing, including citation style. These criticisms are explored in more detail in the Review\u27s concluding section

Reversals of Precedent and Judicial Policy-Making: How Judicial Conceptions of Stare Decisis in the U.S. Supreme Court Influence Social Change

This article analyzes if Justice Marshall is correct in castigating the Rehnquist Court and asserting that it is destroying the rule of law through its stare decisis jurisprudence. It concludes that Justice Marshall is only partially correct. While the ideological direction of its jurisprudence has shifted to the right, the Court’s behavior in reversing itself is normal and does not endanger the Court’s legitimacy or its faithful adherence to law. A fair assessment of the Rehnquist Court’s precedent cases indicates that they are reversals which were decided in times of natural court instability and rapid membership change. As a result, the Rehnquist Court’s behavior is not that unusual because it is merely re-examining precedent in periods of constitutional “flux” and legal policy change

The Pedagogical Considerations of Using a Constitutional Law Textbook in Political Science

This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O\u27Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of what is political science?, a query that ought to be routinely asked by anyone teaching public law courses. Second, they omit sufficient explanation of the fundamentals of conducting legal research and writing, including citation style. These criticisms are explored in more detail in the Review\u27s concluding section

A Symposium: The Legal and Polticial Implications of Buckley v. Valeo (1976)

One of the most vexing issues in constitutional jurisprudence concerns the political regulation of money and its democratic implications. The resolution of the constitutional question for democracy involves striking a balance between two competing interests: the protection of political liberty under the First Amendment and the legitimate interest government has in preventing money from having a corrosive or corrupting effect on the political system. With its landmark ruling in Buckley v. Valeo, some say that the Supreme Court successfully reconciled these interests and, in fact, strongly preserved the basic ideal of American freedom. Different commentators, however, maintain that the Supreme Court managed to protect neither interest adequately. Still others familiar with campaign finance adopt a more neutral position, implying that Buckley is a sound ruling but nonetheless leaves many key constitutional issues and public policy questions unsettled. To be sure, the range of debate surrounding Buckley illustrates that it is the basis for legal and political controversy

Acute heart failure admissions in New South Wales and the Australian Capital Territory: the NSW HF Snapshot Study

Objective: The primary aim of the NSW Heart Failure (HF) Snapshot was to obtain a representative cross-sectional view of patients with acute HF and their management in New South Wales and Australian Capital Territory hospitals. Design and setting: A prospective audit of consecutive patients admitted to 24 participating hospitals in NSW and the ACT with a diagnosis of acute HF was conducted from 8 July 2013 to 8 August 2013. Results: A total of 811 participants were recruited (mean age, 77 ± 13 years; 58% were men; 42% had a left ventricular ejection fraction ≥ 50%). The median Charlson Comorbidity Index score was 3, with ischaemic heart disease (56%), renal disease (55%), diabetes (38%) and chronic lung disease (32%) the most frequent comorbidities; 71% of patients were assessed as frail. Intercurrent infection (22%), non-adherence to prescribed medication (5%) or to dietary or fluid restrictions (16%), and atrial fibrillation/flutter (15%) were the most commonly identified precipitants of HF. Initial treatment included intravenous diuretics (81%), oxygen therapy (87%), and bimodal positive airways pressure or continuous positive airways pressure ventilation (17%). During the index admission, 6% of patients died. The median length of stay in hospital was 6 days, but ranged between 3 and 12 days at different hospitals. Just over half the patients (59%) were referred to a multidisciplinary HF service. Discharge medications included angiotensin-converting enzyme inhibitors/angiotensin receptor blockers (59%), β-blockers (66%) and loop diuretics (88%).Conclusions: Patients admitted to hospital with acute HF in NSW and the ACT were generally elderly and frail, with multiple comorbidities. Evidence-based therapies were underused, and there was substantial interhospital variation in the length of stay. We anticipate that the results of the HF Snapshot will inform the development of strategies for improving the uptake of evidence-based therapies, and hence outcomes, for HF patients

Stabilized Singlets in Supergravity as a Source of the mu-parameter

Within the context of supergravity-coupled supersymmetry, fields which are gauge and global singlets are usually considered anathema. Their vacuum expectation values are shifted by quadratically divergent tadpole diagrams which are cutoff at the Planck scale, destabilizing the classical potential and driving the singlet field to large values. We demonstrate a new and generic mechanism which stabilizes the singlet in the presence of an extended gauge symmetry. Such a symmetry will be broken down to the Standard Model by the supergravity interactions near the scale of spontaneous supersymmetry-breaking in the hidden-sector (about 10^{10-11} GeV). The resulting singlet expectation value is stabilized and naturally of order the gravitino mass, providing therefore a weak-scale mass for the Higgs fields of the supersymmetric Standard Model (a "mu-parameter"). The resulting low-energy theory is the minimal supersymmetric Standard Model, with all new fields decoupling at the intermediate scale.Comment: 9 pages, LaTe

A Mammalian Mediator Subunit that Shares Properties with Saccharomyces cerevisiae Mediator Subunit Cse2

The multiprotein Mediator complex is a coactivator required for activation of RNA polymerase II transcription by DNA bound transcription factors. We previously identified and partially purified a mammalian Mediator complex from rat liver nuclei (Brower, C.S., Sato, S., Tomomori-Sato, C., Kamura, T., Pause, A., Stearman, R., Klausner, R.D., Malik, S., Lane, W.S., Sorokina, I., Roeder, R.G., Conaway, J.W., and Conaway, R.C. (2002) Proc. Natl. Acad. Sci. U. S. A. 99, 10353-10358). Analysis by tandem mass spectrometry of proteins present in the most highly purified rat Mediator fractions led to the identification of a collection of new mammalian Mediator subunits, as well as several potential Mediator subunits including a previously uncharacterized protein encoded by the FLJ10193open reading frame. In this study, we present direct biochemical evidence that the FLJ10193protein, which we designate Med25, is a bona fide subunit of the mammalian Mediator complex. In addition, we present evidence that Med25 shares structural and functional properties with Saccharomyces cerevisiae Mediator subunit Cse2 and may be a mammalian Cse2 ortholog. Taken together, our findings identify a novel mammalian Mediator subunit and shed new light on the architecture of the mammalian Mediator complex

Multi-species temporal network of livestock movements for disease spread

Introduction: The objective of this study is to show the importance of interspecies links and temporal network dynamics of a multi-species livestock movement network. Although both cattle and sheep networks have been previously studied, cattle-sheep multi-species networks have not generally been studied in-depth. The central question of this study is how the combination of cattle and sheep movements affects the potential for disease spread on the combined network. Materials and methods: Our analysis considers static and temporal representations of networks based on recorded animal movements. We computed network-based node importance measures of two single-species networks, and compared the top-ranked premises with the ones in the multi-species network. We propose the use of a measure based on contact chains calculated in a network weighted with transmission probabilities to assess the importance of premises in an outbreak. To ground our investigation in infectious disease epidemiology, we compared this suggested measure with the results of disease simulation models with asymmetric probabilities of transmission between species. Results: Our analysis of the temporal networks shows that the premises which are likely to drive the epidemic in this multi-species network differ from the ones in both the cattle and the sheep networks. Although sheep movements are highly seasonal, the estimated size of an epidemic is significantly larger in the multi-species network than in the cattle network, independently of the period of the year. Finally, we demonstrate that a measure based on contact chains allow us to identify around 30% of the key farms in a simulated epidemic, ignoring markets, whilst static network measures identify less than 10% of these farms. Conclusion: Our results ascertain the importance of combining species networks, as well as considering layers of temporal livestock movements in detail for the study of disease spread

Additively Manufactured Graphitic Electrochemical Sensing Platforms

Additive manufacturing (AM)/3D printing technology provides a novel platform for the rapid prototyping of low cost 3D platforms. Herein, we report for the first time, the fabrication, characterisation (physicochemical and electrochemical) and application (electrochemical sensing) of bespoke nanographite (NG)-loaded (25 wt. %) AM printable (via fused deposition modelling) NG/PLA filaments. We have optimised and tailored a variety of NG-loaded filaments and their AM counterparts in order to achieve optimal printability and electrochemical behaviour. Two AM platforms, namely AM macroelectrodes (AMEs) and AM 3D honeycomb (macroporous) structures are benchmarked against a range of redox probes and the simultaneous detection of lead (II) and cadmium (II). This proof-of-concept demonstrates the impact that AM can have within the area of electroanalytical sensors