Criminal Trespass and the Exclusionary Rule in Texas.

In State v. Hobbs, the Texas Fourth Court of Appeals held a warrantless intrusion by police onto private property to obtain evidence constitutes criminal trespass under Section 30.05 of the Texas Penal Code. The resulting evidence falls within the exclusionary rule and this article considers whether this protection, which goes beyond constitutional guarantees, is necessary or desirable. The first part of this paper reviews existing federal and state constitutional protections against unreasonable searches. Next, the paper analyzes the history and purpose of criminal trespass and the exclusionary rule in Texas. Finally, the paper considers a question the court of appeals did not address in Hobbs: should evidence obtained as a result of a violation of the Texas Criminal Trespass Statute be excluded in all situations? The conclusion is in the negative. The purpose of the Texas Criminal Trespass Statute is to protect private property as well as privacy. The purpose of the Texas exclusionary rule statute is to prevent abuse of police power. The interrelationship of the two statutes should not have effects which do not serve either of those goals. Those unwelcome ramifications, however, are a possibility. Failure of the Criminal Trespass Statute to provide an exception for law enforcement in situations where their duty requires them to enter onto lands protected by the Statute could frustrate the law’s objective. Law enforcement officers performing official duties under exigent circumstances should be exempted from the restrictions of the Criminal Trespass Statute. The same exceptions to the constitutional warrant requirement should apply in a statutory analysis. There is no operative policy reason to impose more stringent restrictions on law enforcement activity than those imposed by the Constitution. Police acting within the parameters of the Constitution should not be stopped at the fence line

IVIG for refractory dysphagia in Antisynthetase syndrome: A truth hard to swallow

Refractory dysphasia could be the main symptom of Antisynthetase syndrome (ASS). IVIG may have a major impact in the successful treatment of dysphasia in patients with ASS. In our patient with ASS, IVIG treatment was an unreplaceable treatment option, and the patient regains her ability to swallow within 2 days

Mining the Mind Research Network: A Novel Framework for Exploring Large Scale, Heterogeneous Translational Neuroscience Research Data Sources

A neuroinformatics (NI) system is critical to brain imaging research in order to shorten the time between study conception and results. Such a NI system is required to scale well when large numbers of subjects are studied. Further, when multiple sites participate in research projects organizational issues become increasingly difficult. Optimized NI applications mitigate these problems. Additionally, NI software enables coordination across multiple studies, leveraging advantages potentially leading to exponential research discoveries. The web-based, Mind Research Network (MRN), database system has been designed and improved through our experience with 200 research studies and 250 researchers from seven different institutions. The MRN tools permit the collection, management, reporting and efficient use of large scale, heterogeneous data sources, e.g., multiple institutions, multiple principal investigators, multiple research programs and studies, and multimodal acquisitions. We have collected and analyzed data sets on thousands of research participants and have set up a framework to automatically analyze the data, thereby making efficient, practical data mining of this vast resource possible. This paper presents a comprehensive framework for capturing and analyzing heterogeneous neuroscience research data sources that has been fully optimized for end-users to perform novel data mining

The impact of gender-role-orientations on subjective career success: a multilevel study of 36 societies

International audienceWe investigate the relationships between gender-role-orientation (i.e., androgynous, masculine, feminine and undifferentiated) and subjective career success among business professionals from 36 societies. Drawing on the resource management perspective, we predict that androgynous individuals will report the highest subjective career success, followed by masculine, feminine, and undifferentiated individuals. We also postulate that meso-organizational culture and macro-societal values will have moderating effects on gender role's impact on subjective career success. The results of our hierarchical linear models support the hypothesized hierarchy of the relationships between gender-role-orientations and subjective career success. However, we found that ethical achievement values at the societal culture level was the only variable that had a positive moderating impact on the relationship between feminine orientation and subjective career success. Thus, our findings of minimal moderation effect suggest that meso- and macro-level environments may not play a significant role in determining an individual's perception of career success

Effects of hospital facilities on patient outcomes after cancer surgery: an international, prospective, observational study

Background Early death after cancer surgery is higher in low-income and middle-income countries (LMICs) compared with in high-income countries, yet the impact of facility characteristics on early postoperative outcomes is unknown. The aim of this study was to examine the association between hospital infrastructure, resource availability, and processes on early outcomes after cancer surgery worldwide.Methods A multimethods analysis was performed as part of the GlobalSurg 3 study-a multicentre, international, prospective cohort study of patients who had surgery for breast, colorectal, or gastric cancer. The primary outcomes were 30-day mortality and 30-day major complication rates. Potentially beneficial hospital facilities were identified by variable selection to select those associated with 30-day mortality. Adjusted outcomes were determined using generalised estimating equations to account for patient characteristics and country-income group, with population stratification by hospital.Findings Between April 1, 2018, and April 23, 2019, facility-level data were collected for 9685 patients across 238 hospitals in 66 countries (91 hospitals in 20 high-income countries; 57 hospitals in 19 upper-middle-income countries; and 90 hospitals in 27 low-income to lower-middle-income countries). The availability of five hospital facilities was inversely associated with mortality: ultrasound, CT scanner, critical care unit, opioid analgesia, and oncologist. After adjustment for case-mix and country income group, hospitals with three or fewer of these facilities (62 hospitals, 1294 patients) had higher mortality compared with those with four or five (adjusted odds ratio [OR] 3.85 [95% CI 2.58-5.75]; p<0.0001), with excess mortality predominantly explained by a limited capacity to rescue following the development of major complications (63.0% vs 82.7%; OR 0.35 [0.23-0.53]; p<0.0001). Across LMICs, improvements in hospital facilities would prevent one to three deaths for every 100 patients undergoing surgery for cancer.Interpretation Hospitals with higher levels of infrastructure and resources have better outcomes after cancer surgery, independent of country income. Without urgent strengthening of hospital infrastructure and resources, the reductions in cancer-associated mortality associated with improved access will not be realised

Early recruitment dynamics in tropical restoration

Unassisted secondary succession in abandoned tropical pastures often results in species-poor forests of pioneer trees that persist for decades. We characterize recruitment rates of woody vegetation in planting treatments during the first 60 months of experimental restoration on thin, eroded soils at Los Tuxtlas, southern Mexico. We test the hypothesis that recruitment of later-successional trees is greater in fenced plots planted with native trees than in fenced controls that simulate natural succession, and further that recruitment of such species would be greater in plots planted with animal-dispersed trees than in those planted with wind-dispersed trees. Results indicated much greater recruitment of later-successional animal-dispersed trees in planted plots as compared with controls. Three censuses per year recorded 960 recruited individuals of 44 species of trees and shrubs from 20–60 months after cattle exclusion. Ninetysix percent of recruits were not of planted species. Repeated-measures analyses of variance indicated that recruited communities included more species of pioneers than of latersuccessional trees and shrubs, with more individuals and species dispersed by animals than by wind. Recruitment of pioneers did not differ between control and planted plots. Latersuccessional recruits dispersed by animals accumulated .10 times faster in planted than control plots, with apparent acceleration after planted Cecropia obtusifolia and Ficus yoponensis first produced fleshy fruits 48 months after cattle exclusion. Sparse latersuccessional wind-dispersed recruits did not differ by treatment. Our preliminary results over the first five years after cattle exclusion indicate that planted stands clearly accelerate succession through accumulation of later-successional trees and shrubs dispersed by animals

Plant Attributes that Drive Dispersal and Establishment Limitation in Tropical Agricultural Landscapes

Factors that influence tropical-forest regeneration have been of interest across the tropics. We tested the degree of dispersal and establishment limitation of pioneer and non-pioneer tree species with different dispersal modes and seed sizes, using data on both seed fall and seedling establishment in primary forest, secondary forest, and pasture excluded from livestock. The study took place in a lowland tropical rain forest in southeastern Mexico. To calculate dispersal and establishment limitation, we used a density-weighted index that considers: (1) whether a seed or seedling of a given species has arrived in the sample area; and (2) the fraction of seeds or seedlings contributed by a given species relative to the total number of seeds or seedlings arriving at a sampling station. Dispersal limitation of non-pioneer species and animal-dispersed species decreased with succession. The secondary forest had less dispersal limitation for wind-dispersed pioneers than pasture, resulting in a dense aggregation of species with seeds dispersed by wind. Overall, establishment limitation differed between animal-dispersed and wind-dispersed species in the primary forest, and was negatively correlated with seed size. The low capacity of most species to arrive, germinate, and establish as seedlings in pastures slows succession back to forest. To overcome barriers to natural succession in pastures, transplanting seedlings of non-pioneer species is suggested because most of them show high dispersal and establishment limitation

Appendix B. Recruited species in agricultural pasture of Los Tuxtlas, Mexico.

Recruited species in agricultural pasture of Los Tuxtlas, Mexico