25 research outputs found

    Separation, Supremacy, and the Unconstitutional Rational Basis Test

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    Bostock v. Lexmark: Is the Zone-of-Interests Test a Canon of Donut Holes?

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    Judicial Deference to Municipal Interpretation

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    Gain the Upper Hand with Good Typography

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    Aromatic acids in a Eurasian Arctic ice core: a 2,600-year proxy record of biomass burning

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    Wildfires and their emissions have significant impacts on ecosystems, climate, atmospheric chemistry, and carbon cycling. Well-dated proxy records are needed to study the long-term climatic controls on biomass burning and the associated climate feedbacks. There is a particular lack of information about long-term biomass burning variations in Siberia, the largest forested area in the Northern Hemisphere. In this study we report analyses of aromatic acids (vanillic and para-hydroxybenzoic acids) over the past 2600 years in the Eurasian Arctic Akademii Nauk ice core. These compounds are aerosol-borne, semi-volatile organic compounds derived from lignin combustion. The analyses were made using ion chromatography with electrospray mass spectrometric detection. The levels of these aromatic acids ranged from below the detection limit (0.01 to 0.05 ppb; 1 ppb  =  1000 ng L−1) to about 1 ppb, with roughly 30 % of the samples above the detection limit. In the preindustrial late Holocene, highly elevated aromatic acid levels are observed during three distinct periods (650–300 BCE, 340–660 CE, and 1460–1660 CE). The timing of the two most recent periods coincides with the episodic pulsing of ice-rafted debris in the North Atlantic known as Bond events and a weakened Asian monsoon, suggesting a link between fires and large-scale climate variability on millennial timescales. Aromatic acid levels also are elevated during the onset of the industrial period from 1780 to 1860 CE, but with a different ratio of vanillic and para-hydroxybenzoic acid than is observed during the preindustrial period. This study provides the first millennial-scale record of aromatic acids. This study clearly demonstrates that coherent aromatic acid signals are recorded in polar ice cores that can be used as proxies for past trends in biomass burning

    Tuberculosis and HIV Co-Infection

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    Tuberculosis (TB) and HIV co-infections place an immense burden on health care systems and pose particular diagnostic and therapeutic challenges. Infection with HIV is the most powerful known risk factor predisposing for Mycobacterium tuberculosis infection and progression to active disease, which increases the risk of latent TB reactivation 20-fold. TB is also the most common cause of AIDS-related death. Thus, M. tuberculosis and HIV act in synergy, accelerating the decline of immunological functions and leading to subsequent death if untreated. The mechanisms behind the breakdown of the immune defense of the co-infected individual are not well known. The aim of this review is to highlight immunological events that may accelerate the development of one of the two diseases in the presence of the co-infecting organism. We also review possible animal models for studies of the interaction of the two pathogens, and describe gaps in knowledge and needs for future studies to develop preventive measures against the two diseases

    Integrating Positive and Clinical Psychology: Viewing Human Functioning as Continua from Positive to Negative Can Benefit Clinical Assessment, Interventions and Understandings of Resilience

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    In this review we argue in favour of further integration between the disciplines of positive and clinical psychology. We argue that most of the constructs studied by both positive and clinical psychology exist on continua ranging from positive to negative (e.g., gratitude to ingratitude, anxiety to calmness) and so it is meaningless to speak of one or other field studying the “positive” or the “negative”. However, we highlight historical and cultural factors which have led positive and clinical psychologies to focus on different constructs; thus the difference between the fields is more due to the constructs of study rather than their being inherently “positive” or “negative”. We argue that there is much benefit to clinical psychology of considering positive psychology constructs because; (a) constructs studied by positive psychology researchers can independently predict wellbeing when accounting for traditional clinical factors, both cross-sectionally and prospectively, (2) the constructs studied by positive psychologists can interact with risk factors to predict outcomes, thereby conferring resilience, (3) interventions that aim to increase movement towards the positive pole of well-being can be used encourage movement away from the negative pole, either in isolation or alongside traditional clinical interventions, and (4) research from positive psychology can support clinical psychology as it seeks to adapt therapies developed in Western nations to other cultures

    Article III, Judicial Restraint, and This Supreme Court

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    Article III of the U.S. Constitution establishes a federal judiciary with powers and functions separate and distinct from the other branches. During its October 2017 Term, the U.S. Supreme Court decided three cases that turned on an interpretation of Article III power: Patchak v. Zinke, Oil States Energy Services v. Greene’s Energy Group, and Gill v. Whitford. This Article argues that in each of those three cases, a majority of the Court coalesced around a unifying principle of judicial restraint. By “judicial restraint,” this Article refers to the principle that the judiciary should respect and defer to the elected branches. In cases interpreting Article III, then, judicial restraint instructs the Court to refrain from asserting its own power and to instead decide in favor of another branch’s power. In Patchak, Oil States, and Gill, despite stark doctrinal differences, the Court refrained from asserting the judiciary’s own power and chose instead to exercise judicial restraint. Such restraint can thus be viewed as a common undercurrent guiding the Court’s Article III jurisprudence. At the same time, simply comparing the Court’s holdings at the case level overlooks important nuances. Even though a judicially restrained holding commanded a majority in all three cases, each of those majorities was differently constituted. To that end, this Article also examines the Justices’ individual approaches to Article III jurisprudence. This examination reveals, perhaps unsurprisingly, that other principles influence certain Justices and that certain Justices, at times, vote inconsistently. Nonetheless, each Justice has, to a greater or lesser extent, embraced the principle of judicial restraint in Article III cases. Even accounting for the Justices’ individual differences, this Article ultimately concludes that holdings consistent with judicial restraint will likely continue to command a majority in Article III cases

    Bostock v. Lexmark: Is the Zone-of-Interests Test a Canon of Donut Holes?

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    Separation, Supremacy, and the Unconstitutional Rational Basis Test

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