Judicial Conservatives and Supreme Court

I was given the title Judicial Conservatives and the Supreme Court. I think that is a rather appropriate title in that we must draw a distinction between judicial conservatives and the Supreme Court, judicial conservatives on the Supreme Court, and conservatives on the Supreme Court. DeToqueville said that every question in the United States sooner or later is framed as a legal question and comes before the Supreme Court. I think that speaks something of the Court\u27s power and its influence in our society. Frankfurter has said that the Supreme Court\u27s power is neither of the purse nor of the sword, but moral suasion. Now what does that mean? It means that the Supreme Court does not have an army or navy and cannot collect taxes. It means, therefore, that the Supreme Court must enjoy the confidence not only of its citizenry, but the confidence of its co-equal branches of government. The Court relies on the Congress to finance it; it relies on the executive to enforce its judgment. To the extent it reflects the tacit understanding that exists between the competing forces of a free society-that is, the tacit understanding between the executive, legislature, and judiciary-it can be effective. To the extent it fails to reflect this tacit understanding, to the extent it operates as a power independent, it runs into the danger of severely compromising its position in our society

The Second Justice Marshall

From 1801 until 1835 the first Justice Marshall served a distinguished tenure as Chief Justice of the United States Supreme Court. Legal scholars, political scientists, historians and even high school civics teachers recognize his tremendous contribution to the development of American Government and to the definition of the relationship between the Court, the Executive, and the Legislative branches\u27 of government. No one man has done more to establish the Court as an institution or to provide the foundation of American Constitutional law. Since the first Justice Marshall\u27s tenure there have been great Justices: Black; Frankfurter; Brandeis; Hughes; Harlan; Holmes; Cardozo; etc. The greatness of these men stems primarily from their able service on the Court. But for a few their greatness resulted, in part, from their contributions to law before ascending to the High Court. Some in this category served on lower appellate courts, while others were outstanding practitioners of law. And of course there was Frankfurter-the Harvard Law Professor. All these men, and others not mentioned, in some way left the mark of their thoughts and ideas on the Constitution. Since the first Justice Marshall, however, no man has left a more indelible mark on the Constitution itself and on the development of Constitutional law than the second Justice Marshall. As chief counsel for the NAACP for approximately 25 years and as Solicitor General of the United States he has been in a unique position to influence the Court\u27s interpretation of the Constitution, and thereby the development of Constitutional law

The Unions - The Implicit Enemy

In a syndicated article, Ralph McGill asks whether the economic plight of the Negro in the United States will continue to be a statistic merely for social workers. The New York Times, recognizing that Negroes make up one tenth of the civilian labor force, but that they account for one fifth of the unemployed, recommends a federal works program, similar to that utilized during the depression, to end high Negro unemployment. Civil rights leaders meeting in Washington at the behest of the federal government call for massive federal governmental programs and new and stronger legislation to combat the problem of Negro unemployment-as well as many other problems facing the Negro community. Nonetheless, the air of quietude remains. Unemployment in the white community is at its lowest level in recent years, the economy is booming, and the federal government worries about inflation. A Watts occurs, a commission is empaneled, a study is issued, and the Negro\u27s economic plight grows progressively worse. Both federal and state officials attempt to educate businessmen and labor unions in the economics of racial discrimination and their community responsibility, but businessmen and local labor unions covertly and overtly resist education. The community at large remains indifferent (until, of course, its safety or economic well-being is threatened by a Watts ). The plight of the Negro goes from bad-to worse-to impossible

Book Reviews

FEDERAL JUDGES: THE APPOINTING PROCESS. By Harold W. Chase. Minneapolis: University of Minnesota Press. 1972. Pp. xiii, 240. CORPORATE LIB: WOMEN\u27S CHALLENGE TO MANAGEMENT. Edited by Eli Ginzberg and Alice M. Yohalem. Baltimore: Johns Hopkins University Press, 1973. Pp. x, 153. URBAN JUSTICE: LAW AND\u27 ORDER IN AMERICAN CITIES. By Herbert Jacob. Englewood Cliffs: Prentice-Hall, 1973. Pp. viii, 145. THE CONSCIENCE OF A LAWYER. By David Mellinkoff. St. Paul: West Publishing Company, 1973. Pp. x, 304

Genome-wide association study to identify genetic loci associated with gastrointestinal nematode resistance in Katahdin sheep

Resistance to gastrointestinal nematodes has previously been shown to be a moderately heritable trait in some breeds of sheep, but the mechanisms of resistance are not well understood. Selection for resistance currently relies upon faecal egg counts (FEC), blood packed cell volumes and FAMACHA visual indicator scores of anaemia. Identifying genomic markers associated with disease resistance would potentially improve the selection process and provide a more reliable means of classifying and understanding the biology behind resistant and susceptible sheep. A GWAS was conducted to identify possible genetic loci associated with resistance to Haemonchus contortus in Katahdin sheep. Forty animals were selected from the top and bottom 10% of estimated breeding values for FEC from a total pool of 641 sires and ram lambs. Samples were genotyped using Applied BiosystemsTM AxiomTM Ovine Genotyping Array (50K) consisting of 51 572 SNPs. Following quality control, 46 268 SNPs were included in subsequent analyses. Analyses were conducted using a linear regression model in PLINK v1.90 and a single-locus mixed model in SNP AND VARIATION SUITE. Genome-wide significance was determined by a Bonferroni correction for multiple testing. Using linear regression, loci on chromosomes 2, 3, 16, 23 and 24 were significantly associated at the genome level with FEC estimated breeding values, and we identified a region on chromosome 2 that was significant using both statistical analyses. We suggest a potential role for the gene DIS3L2 for gastrointestinal nematode resistance in Katahdin sheep, although further research is needed to validate these findings

Non-operative management of posterior tibialis tendon dysfunction: design of a randomized clinical trial [NCT00279630]

BACKGROUND: Posterior tibialis tendon dysfunction (PTTD) is a common cause of foot pain and dysfunction in adults. Clinical observations strongly suggest that the condition is progressive. There are currently no controlled studies evaluating the effectiveness of exercise, orthoses, or orthoses and exercise on Stage I or IIA PTTD. Our study will explore the effectiveness of an eccentric versus concentric strengthening intervention to results obtained with the use of orthoses alone. Findings from this study will guide the development of more efficacious PTTD intervention programs and contribute to enhanced function and quality of life in persons with posterior tibialis tendon dysfunction. METHODS/DESIGN: This paper presents the rationale and design for a randomized clinical trial evaluating the effectiveness of a treatment regime for the non-operative management of Stage I or IIA PTTD. DISCUSSION: We have presented the rationale and design for an RCT evaluating the effectiveness of a treatment regimen for the non-operative management of Stage I or IIA PTTD. The results of this trial will be presented as soon as they are available