Pendent Jurisdiction in Diversity Cases--Some Doubts

The Supreme Court has twice espoused the doctrine of pendent jurisdiction whereby a federal court may adjudicate a claim arising under state law which does not meet the ordinary federal jurisdictional requirements when that state claim is properly joined with a federal claim and both claims are based on a common core of facts. Those two cases involved clearly federal claims of copyright infringement and secondary boycott to which were appended state claims of unfair competition and interference with contract rights respectively. In both cases, the joined claims were asserted by a single plaintiff against a single defendant between whom there was no diversity of citizenship. Perhaps because of the parallelism of these two Supreme Court decision, it has long been assumed that pendent jurisdiction is available only in similar cases. In recent years, however, some district courts of appeals have expanded markedly the application of pendent jurisdiction. They have permitted the appending of claims by and against additional parties not involved in the federal claim, and they have extended pendent jurisdiction to diversity cases. It is the object of this Article to examine the principle impediments which lie int he path of this latter extension of the doctrine of pendent jurisdiction

Depth of the vadose zone controls aquifer biogeochemical conditions and extent of anthropogenic nitrogen removal

© The Author(s), 2017. This is the author's version of the work and is distributed under the terms of the Creative Commons Attribution License. The definitive version was published in Water Research 123 (2017): 794-801, doi:10.1016/j.watres.2017.06.048.We investigated biogeochemical conditions and watershed features controlling the extent of nitrate removal through microbial dinitrogen (N2) production within the surficial glacial aquifer located on the north and south shores of Long Island, NY, USA. The extent of N2 production differs within portions of the aquifer, with greatest N2 production observed at the south shore of Long Island where the vadose zone is thinnest, while limited N2 production occurred under the thick vadose zones on the north shore. In areas with a shallow water table and thin vadose zone, low oxygen concentrations and sufficient DOC concentrations are conducive to N2 production. Results support the hypothesis that in aquifers without a significant supply of sediment-bound reducing potential, vadose zone thickness exerts an important control of the extent of N2 production. Since quantification of excess N2 relies on knowledge of equilibrium N2 concentration at recharge, calculated based on temperature at recharge, we further identify several features, such as land use and cover, seasonality of recharge, and climate change that should be considered to refine estimation of recharge temperature, its deviation from mean annual air temperature, and resulting deviation from expected equilibrium gas concentrations.Project supported by the Polish-U.S. Fulbright Commission, the USGS Coastal and Marine Geology Program, the National Fish and Wildlife Foundation, and the USGS/National Park Service Water-Quality Assessment and Monitoring program.2019-06-1

Cytosolic Phospholipase A2α and Eicosanoids Regulate Expression of Genes in Macrophages Involved in Host Defense and Inflammation

Acknowledgments: We thank Dr. Robert Barkley and Charis Uhlson for mass spectrometry analysis. Funding: This work was supported by grants from the National Institutes of Health HL34303 (to C.C.L., R.C.M. and D.L.B), DK54741 (to J.V.B.), GM5322 (to D.L.W.) and the Wellcome Trust (to N.A.R.G. and G.D.B.). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.Peer reviewedPublisher PD

Versatile Potentiostat with Optional Computer Control

A versatile potentiostat which can supply a maximum of 125 ma is described. The potentiostat uses readily available electronic components and an interface is detailed which allows the potentiostat optional computer control

A study of atmospheric neutrinos with the IMB detector

A sample of 401 contained neutrino interactions collected in the 3300 metric ton fiducial mass IMB detector was used to study neutrino oscillations, geomagnetic modulation of the flux and to search for point sources. The majority of these events are attributed to neutrino interactions. For the most part, these neutrinos are believed to originate as tertiary products of cosmic ray interactions in the atmosphere. The neutrinos are a mixture of v sub e and v sub micron

Supernova 1987A did not test the neutrino mass hierarchy

We dispel the misconception that data from SN 1987A favor the normal neutrino mass hierarchy over the inverted hierarchy for \sin^2 \theta_{13} \gsim 10^{-4}. We find comparable fits for the two hierarchies. No bound can be placed on the mixing angle $\theta_{13}$ even at the 1$\sigma$ level.Comment: 15 pages, 9 figure

Causal claims about correlations reduced in press releases following academic study of health news

Background: Exaggerations in health news were previously found to strongly associate with similar exaggerations in press releases. Moreover such exaggerations did not appear to attract more news. Here we assess whether press release practice changed after these reported findings; simply drawing attention to the issue may be insufficient for practical change, given the challenges of media environments. Methods: We assessed whether rates of causal over-statement in press releases based on correlational data were lower following a seminal paper on the topic, compared to an equivalent baseline period in the preceding year. Results: We found that over-statements in press releases reduced from 28% (95% confidence interval = 16% to 45%) in 2014 to 13% (95% confidence interval = 6% to 25%) in 2015. A corresponding numerical reduction in exaggerations in news was not significant. The association between over-statements in news and press releases remained strong. Conclusions: Press release over-statements were less frequent following publication of Sumner et al. (2014), indicating that press release practice is malleable. However, this is correlational evidence and the reduction may be due to other factors

Forum 2: The migrant climate: resilience, adaptation and the ontopolitics of mobility in the Anthropocene

While modernist or ‘top-down’, ‘command-and-control’ approaches to climate and migration worked at the surface or ontic level of the redistribution of entities in time and space, resilience approaches call for a different approach to mobility (for an extensive discussion of resilience as a distinctive governance regime see, for example, Grove, 2018; Chandler, 2014). These discourses construct mobilities that are more transformative, in fact, ones that question traditional liberal modernist notions of time and space and of entities with fixed essences. These mobilities do not concern moving entities in space but rethinking mobility in relation to space. Mobility then becomes more a matter of changing the understandings and practices relating to spaces and entities than of moving things from one place to another. Becoming ‘mobile’ thus would apply to the development of capabilities or ‘response-abilities’ (Haraway, 2016: 2) to sense, adapt, recompose, repurpose and reimagine problems and possibilities; taking responses to crises beyond the static and binary conceptions of mobility and space epitomised by The Clash lyrics in the epigraph

Roma e la storia del Canada francese sino alla guerra dei Sette Anni

Presentation of the documents concerning New France and Canada in the Vatican Archive