Material Falsity in Defamation Cases: The Supreme Court\u27s Call for Contextual Analysis

In the book The Phantom Tollbooth, one of the characters, Milo, declares that he comes from a faraway land called Context. After a circuitous journey through many strange cities, bearing names that have meanings Milo struggles to understand, he finds himself back at home in his bedroom. Context, by and large, is the home base for courts in defining the boundaries between actionable and nonactionable speech. Often, after circuitous travels through precedent and logic, courts meander back to the simple notion that the meaning and legal significance of words are determined by their context

The accessible regions presentation of gravity-assisted trajectories using Jupiter

Accessibility of solar system regions to earth launched spacecraft using Jupiter gravity- assisted trajectorie

The Attorney-Client Privilege and the Work-Product Doctrine in Michigan

In Upjohn Co v. United States, the United States Supreme Court acknowledged that the attorney-client privilege - the oldest of the privileges for confidential communications known to the common law - has the crucial purpose of encourag[ing] full and frank communication between attorneys and their clients and thereby promote[s] broader public interests in the observance of law and administration of justice. Similarly, in Hickman v Taylor, the Court stressed the importance of the work-product doctrine, noting that [n]ot even the most liberal of discovery theories can justify unwarranted inquiries into the files and the mental impressions of an attorney. It is beyond question that, at a theoretical level, the attorney-client privilege and the work-product doctrine serve significant interests and that, at a practical level, attorneys constantly encounter issues involving these principles. Nevertheless, many attorneys do not acquire their familiarity with these crucial principles in any systematic way. Law school courses and casebooks often treat these principles superficially, and busy practicing lawyers tend to research specific issues only as they arise in the course of their work. As a result, many attorneys (and perhaps some judges) may not clearly understand the significance, scope, and limits of these doctrines. This publication is an attempt to solve this problem by offering a systematic and thorough examination of the attorney-client privilege and the work-product doctrine under Michigan law. Part II of this text addresses the attorney-client privilege; Part III addresses the work-product doctrine; and Part IV addresses ethics concepts of confidences and secrets. Wherever possible, Michigan authority has been cited and quoted. In some instances, federal cases are instructive in interpreting Michigan law or in filling an apparent gap in Michigan law; under those circumstances, the text freely cites and quotes from federal authority. The goal is to provide a comprehensive examination of these principles as interpreted by the Michigan courts.https://repository.law.umich.edu/books/1117/thumbnail.jp

In a comfort zone and beyond—Ecological plasticity of key marine mediators

Copepods of the genus Calanus are the key components of zooplankton. Understanding their response to a changing climate is crucial to predict the functioning of future warmer high‐latitude ecosystems. Although specific Calanus species are morphologically very similar, they have different life strategies and roles in ecosystems. In this study, C. finmarchicus and C. glacialis were thoroughly studied with regard to their plasticity in morphology and ecology both in their preferred original water mass (Atlantic vs. Arctic side of the Polar Front) and in suboptimal conditions (due to, e.g., temperature, turbidity, and competition in Hornsund fjord). Our observations show that “at the same place and time,” both species can reach different sizes, take on different pigmentation, be in different states of population development, utilize different reproductive versus lipid accumulation strategies, and thrive on different foods. Size was proven to be a very mutable morphological trait, especially with regard to reduced length of C. glacialis. Both species exhibited pronounced red pigmentation when inhabiting their preferred water mass. In other domains, C. finmarchicus individuals tended to be paler than C. glacialis individuals. Gonad maturation and population development indicated mixed reproductive strategies, although a surprisingly similar population age structure of the two co‐occurring species in the fjord was observed. Lipid accumulation was high and not species‐specific, and its variability was due to diet differences of the populations. According to the stable isotope composition, both species had a more herbivorous diatom‐based diet in their original water masses. While the diet of C. glacialis was rather consistent among the domains studied, C. finmarchicus exhibited much higher variability in its feeding history (based on lipid composition). Our results show that the plasticity of both Calanus species is indeed impressive and may be regulated differently, depending on whether they live in their “comfort zone” or beyond it.publishedVersionUnit Licence Agreemen

The Price of Land and the Process of Expropriation

This paper applies a game theoretic model to situations in which the Dutch government expropriates land from some farmers in order to create a new public project. The model is a version of a finite period bargaining model with asymmetric information and one-sided offers. It is shown that the model can explain some casual observations as the fact that usually, but not always, the government and the farmers settle by agreement

Polycyclic aromatic hydrocarbons and postmenopausal breast cancer: An evaluation of effect measure modification by body mass index and weight change

Polycyclic aromatic hydrocarbons (PAHs) have been linked to breast cancer in many, but not all, previous studies. PAHs are lipophilic and stored in fat tissue, which we hypothesized may result in constant low-dose exposure to these carcinogens. No previous studies have evaluated whether obesity modifies associations between multiple measures of PAHs and breast cancer incidence

Self-reported residential pesticide use and survival after breast cancer

INTRODUCTION: Previous investigations found elevated mortality after breast cancer in association with biomarkers of persistent organochlorine pesticides in non-occupationally exposed women. We hypothesized that lifetime residential pesticide use, which includes persistent and non-persistent pesticides, would also be associated with increased mortality after breast cancer. METHODS: A population-based cohort of 1505 women with invasive or in situ breast cancer was interviewed in 1996-1997, shortly after diagnosis, about pre-diagnostic lifetime residential pesticide use. Participants were followed for mortality through 2014 (595 deaths from any cause and 236 from breast cancer, after 17.6 years of follow-up). Pesticides were examined as 15 individual categories; a group of seven used for lawn and garden purposes; a group of eight used for nuisance-pest purposes; and all combined. Cox regression was used to estimate hazard ratios (HRs) and 95% confidence intervals (CIs) for all-cause and breast cancer-specific mortality. Modification by estrogen receptor (ER) status, body mass index, and long-term residence was examined. RESULTS: Ever use (HR=0.77, 95%CI=0.63-0.95) and higher lifetime applications (4th quartile: HR=0.62, 95%CI=0.47-0.81, p-trend=0.3) of the lawn and garden group of pesticides were inversely associated with all-cause mortality, compared to never use. The inverse association for lawn and garden pesticide use was limited to ER positive (vs. negative) tumors (p-interaction=0.05). Nuisance-pest pesticides, and all groups combined, were not associated with all-cause or breast cancer-specific mortality. CONCLUSIONS: Contrary to our hypothesis, lifetime residential use of lawn and garden pesticides, but not all combined or nuisance-pest pesticides, was inversely associated with all-cause mortality after breast cancer

Solar System Exploration, 1995-2000

Goals for planetary exploration during the next decade include: (1) determine how our solar system formed, and understand whether planetary systems are a common phenomenon through out the cosmos; (2) explore the diverse changes that planets have undergone throughout their history and that take place at present, including those that distinguish Earth as a planet; (3) understand how life might have formed on Earth, whether life began anywhere else in the solar system, and whether life (including intelligent beings) might be a common cosmic phenomenon; (4) discover and investigate natural phenomena that occur under conditions not realizable in laboratories; (5) discover and inventory resources in the solar system that could be used by human civilizations in the future; and (6) make the solar system a part of the human experience in the same way that Earth is, and hence lay the groundwork for human expansion into the solar system in the coming century. The plan for solar system exploration is motivated by these goals as well as the following principle: The solar system exploration program will conduct flight programs and supporting data analysis and scientific research commensurate with United States leadership in space exploration. These programs and research must be of the highest scientific merit, they must be responsive to public excitement regarding planetary exploration, and they must contribute to larger national goals in technology and education. The result will be new information, which is accessible to the public, creates new knowledge, and stimulates programs of education to increase the base of scientific knowledge in the general public