The Georgia Condominium Act’s Authorization of Private Takings: Revisiting Kelo and “Bitter with the Sweet”

Homeownership provides owners with certain propertyrights and a sense of security. One of the most importantproperty rights is the Takings Clause of the U.S. Constitution,which prohibits the government from taking private propertywithout just compensation. The Clause has been incorporatedagainst the states and is interpreted as prohibiting any takingthat does not serve a public use. Despite these constitutionalprotections, numerous condominium owners face the threat ofprivate investors taking their units for no public use, withoutjust compensation, and without the owners’ consent.Many state condominium laws allow private investors whoobtain a specified percentage of a condominium’s units to forcethe minority unit owners to sell their units. Although the U.S.Supreme Court has written many opinions interpreting theTakings Clause, the Court has not addressed whether statesmay permit the forcible transfer of condominiums—or otherforms of common-interest homeownership—without theunanimous consent of the owners. Although takings foreconomic development are permitted, no scholarship hasconsidered whether the Court’s reasoning behind its rejection ofthe “bitter with the sweet” doctrine can be applied to the Court’sTakings Clause analysis to prohibit states from statutorilyconditioning condominium ownership upon waiver ofconstitutional protections. This Note suggests that the GeorgiaCondominium Act—and other state condominium terminationstatutes—may unconstitutionally permit investors to effectuateprivate takings by forcing dissenting minority owners to selltheir fee simple interests in their units

TAPEWORMS OF ELASMOBRANCHS (Part II) A Monograph on the Diphyllidea (Platyhelminthes, Cestoda)

The main objective of this monograph was a synthesis of the available knowledge on the diversity, systematics, host associations, and biogeography of the Diphyllidea. A thorough review of the literature resulted in the transfer of Diagonobothrium into Diphyllidea as a genus inquirendum. The genus Yogeshwaria was also transferred to Diphyllidea as a synonym of Echinobothrium. Its only species, E. nagabhushani n. comb., is considered to be a species inquirenda. New collections resulted in the description of a new species of Echinobothrium. Type and/or voucher specimens for 32 of 36 valid diphyllidean species (including the new species) were examined using light microscopy and scanning electron microscopy. All 32 species examined were redescribed and figured. This work resulted in the elucidation of 55 morphological characters which were employed in cladistic analyses involving 34 diphyllidean and seven outgroup species. Outgroups included species belonging to the orders Tetraphyllidea, Pseudophyllidea, and Trypanorhyncha. Several phylogenetic analyses were performed using various data partitions. A 20% exclusion rule was applied to both taxa and characters. All characters were treated as unweighted and unordered. Maximum parsimony was the optimality criterion used in all analyses. The most parsimonious trees resulting from these analyses support Ditrachybothridium as a monophyletic taxon. All three species formerly assigned to Macrobothridium appeared among species of Echinobothrium. Thus, Echinobothrium is paraphyletic if Macrobothridium is excluded. As a consequence, Macrobothridium is synonymized with Echinobothrium, and its constituent species transferred to the latter genus. The trees obtained from these analyses failed to recover any of the topology of the only previously published phylogeny of the order. Constraining the tree resulting from this study to the topology of th

Racial differences in new-onset cardiovascular disease in men with prostate cancer treated with hormone therapy

INTRODUCTION Cardiovascular disease is the leading cause of death in patients with prostate cancer. Despite its efficacy in the treatment of advanced prostate cancer, androgen deprivation therapy (ADT) has been associated with increased cardiovascular disease mortality. Given black men have elevated risk of cardiovascular disease mortality compared to other racial groups, this study sought to evaluate the relationship of race with ADT-associated cardiotoxicity. METHODS We conducted a retrospective chart review of patients with locally advanced and metastatic prostate cancer who received androgen deprivation therapy at a single institution from 2017 to 2022. Methods of ADT included gonadotropin-releasing hormone agonists/antagonists, non-steroidal anti-androgens, and bilateral orchiectomy. Patients were identified using International Classification of Diseases diagnosis and procedure codes. Data was collected on patient demographics, details regarding prostate cancer staging and treatment, as well as cardiovascular diagnoses and events, both proceeding and following hormone treatment initiation. RESULTS A total of 119 patients met inclusion criteria, including 94 black men and 25 white men. Median age at time of diagnosis was 68 and 63, for black and white men respectively. The groups did not differ with respect to stage at diagnosis and treatment history including radical prostatectomy, radiation, and chemotherapy as well as type of ADT administered. Median follow up was 4.0 and 4.7 years in the white and black cohorts. Mean duration of androgen deprivation therapy was similar in white and black men (8.37 v. 7.0 years, p = 0.38, ANOVA). Prevalence of pre-existing cardiovascular diagnoses prior to starting androgen deprivation therapy was similar between the two groups prior to starting ADT treatment (28% v. 35%, p = 0.5, ANOVA). After initiating ADT, black men had greater likelihood of developing new cardiovascular diagnoses (46% v. 24%, p = 0.05, ANOVA), with a trend toward higher rate of coronary angioplasty/bypass procedures in black men (9.5% v. 4%, p 0.12, ANOVA). All recorded 8 deaths were in patients who identified as black; cardiovascular disease was the cause of death in 5 of the 8 patients (3 cerebrovascular accidents, 1 myocardial infarction, 1 pulmonary embolism). 2 of the 3 cerebrovascular accidents occurred in patients with no pre-existing cardiovascular history prior to initiation of ADT. CONCLUSIONS This data suggests a higher incidence of cardiovascular morbidity in black men on androgen deprivation therapy and may translate to a higher risk of cardiovascular mortality

Road-building materials in Texas

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Ehrlichia and Spotted Fever Group Rickettsiae Surveillance in Amblyomma americanum in Virginia Through Use of a Novel Six-Plex Real-Time PCR Assay

The population of the lone star tick Amblyomma americanum has expanded in North America over the last several decades. It is known to be an aggressive and nondiscriminatory biter and is by far the most common human-biting tick encountered in Virginia. Few studies of human pathogen prevalence in ticks have been conducted in our state since the mid-twentieth century. We developed a six-plex real-time PCR assay to detect three Ehrlichia species (E. chaffeensis, E. ewingii, and Panola Mountain Ehrlichia) and three spotted fever group Rickettsiae (SFGR; R. amblyommii, R. parkeri, and R. rickettsii) and used it to test A. americanum from around the state. Our studies revealed a presence of all three Ehrlichia species (0–24.5%) and a high prevalence (50–80%) of R. amblyommii, a presumptively nonpathogenic SFGR, in all regions surveyed. R. parkeri, previously only detected in Virginia’s Amblyomma maculatum ticks, was found in A. americanum in several surveyed areas within two regions having established A. maculatum populations. R. rickettsii was not found in any sample tested. Our study provides the first state-wide screening of A. americanum ticks in recent history and indicates that human exposure to R. amblyommii and to Ehrlichiae may be common. The high prevalence of R. amblyommii, serological cross-reactivity of all SFGR members, and the apparent rarity of R. rickettsii in human biting ticks across the eastern United States suggest that clinical cases of tick-borne disease, including ehrlichiosis, may be commonly misdiagnosed as Rocky Mountain spotted fever, and that suspicion of other SFGR as well as Ehrlichia should be increased. These data may be of relevance to other regions where A. americanum is prevalent

Cold truths: how winter drives responses of terrestrial organisms to climate change

Winter is a key driver of individual performance, community composition, and ecological interactions in terrestrial habitats. Although climate change research tends to focus on performance in the growing season, climate change is also modifying winter conditions rapidly. Changes to winter temperatures, the variability of winter conditions, and winter snow cover can interact to induce cold injury, alter energy and water balance, advance or retard phenology, and modify community interactions. Species vary in their susceptibility to these winter drivers, hampering efforts to predict biological responses to climate change. Existing frameworks for predicting the impacts of climate change do not incorporate the complexity of organismal responses to winter. Here, we synthesise organismal responses to winter climate change, and use this synthesis to build a framework to predict exposure and sensitivity to negative impacts. This framework can be used to estimate the vulnerability of species to winter climate change. We describe the importance of relationships between winter conditions and performance during the growing season in determining fitness, and demonstrate how summer and winter processes are linked. Incorporating winter into current models will require concerted effort from theoreticians and empiricists, and the expansion of current growing-season studies to incorporate winter

Ecological Role of Submarine Canyons and Need for Canyon Conservation: A Review

Submarine canyons are major geomorphic features of continental margins around the world. Several recent multidisciplinary projects focused on the study of canyons have considerably increased our understanding of their ecological role, the goods, and services they provide to human populations, and the impacts that human activities have on their overall ecological condition. Pressures from human activities include fishing, dumping of land-based mine tailings, and oil and gas extraction. Moreover, hydrodynamic processes of canyons enhance the down-canyon transport of litter. The effects of climate change may modify the intensity of currents. This potential hydrographic change is predicted to impact the structure and functioning of canyon communities as well as affect nutrient supply to the deep-ocean ecosystem. This review not only identifies the ecological status of canyons, and current and future issues for canyon conservation, but also highlights the need for a better understanding of anthropogenic impacts on canyon ecosystems and proposes other research required to inform management measures to protect canyon ecosystemsVersión del edito

Effects of ocean sprawl on ecological connectivity: impacts and solutions

The growing number of artificial structures in estuarine, coastal and marine environments is causing “ocean sprawl”. Artificial structures do not only modify marine and coastal ecosystems at the sites of their placement, but may also produce larger-scale impacts through their alteration of ecological connectivity - the movement of organisms, materials and energy between habitat units within seascapes. Despite the growing awareness of the capacity of ocean sprawl to influence ecological connectivity, we lack a comprehensive understanding of how artificial structures modify ecological connectivity in near- and off-shore environments, and when and where their effects on connectivity are greatest. We review the mechanisms by which ocean sprawl may modify ecological connectivity, including trophic connectivity associated with the flow of nutrients and resources. We also review demonstrated, inferred and likely ecological impacts of such changes to connectivity, at scales from genes to ecosystems, and potential strategies of management for mitigating these effects. Ocean sprawl may alter connectivity by: (1) creating barriers to the movement of some organisms and resources - by adding physical barriers or by modifying and fragmenting habitats; (2) introducing new structural material that acts as a conduit for the movement of other organisms or resources across the landscape; and (3) altering trophic connectivity. Changes to connectivity may, in turn, influence the genetic structure and size of populations, the distribution of species, and community structure and ecological functioning. Two main approaches to the assessment of ecological connectivity have been taken: (1) measurement of structural connectivity - the configuration of the landscape and habitat patches and their dynamics; and (2) measurement of functional connectivity - the response of organisms or particles to the landscape. Our review reveals the paucity of studies directly addressing the effects of artificial structures on ecological connectivity in the marine environment, particularly at large spatial and temporal scales. With the ongoing development of estuarine and marine environments, there is a pressing need for additional studies that quantify the effects of ocean sprawl on ecological connectivity. Understanding the mechanisms by which structures modify connectivity is essential if marine spatial planning and eco-engineering are to be effectively utilised to minimise impacts

Second asymptomatic carotid surgery trial (ACST-2): a randomised comparison of carotid artery stenting versus carotid endarterectomy

Background: Among asymptomatic patients with severe carotid artery stenosis but no recent stroke or transient cerebral ischaemia, either carotid artery stenting (CAS) or carotid endarterectomy (CEA) can restore patency and reduce long-term stroke risks. However, from recent national registry data, each option causes about 1% procedural risk of disabling stroke or death. Comparison of their long-term protective effects requires large-scale randomised evidence. Methods: ACST-2 is an international multicentre randomised trial of CAS versus CEA among asymptomatic patients with severe stenosis thought to require intervention, interpreted with all other relevant trials. Patients were eligible if they had severe unilateral or bilateral carotid artery stenosis and both doctor and patient agreed that a carotid procedure should be undertaken, but they were substantially uncertain which one to choose. Patients were randomly allocated to CAS or CEA and followed up at 1 month and then annually, for a mean 5 years. Procedural events were those within 30 days of the intervention. Intention-to-treat analyses are provided. Analyses including procedural hazards use tabular methods. Analyses and meta-analyses of non-procedural strokes use Kaplan-Meier and log-rank methods. The trial is registered with the ISRCTN registry, ISRCTN21144362. Findings: Between Jan 15, 2008, and Dec 31, 2020, 3625 patients in 130 centres were randomly allocated, 1811 to CAS and 1814 to CEA, with good compliance, good medical therapy and a mean 5 years of follow-up. Overall, 1% had disabling stroke or death procedurally (15 allocated to CAS and 18 to CEA) and 2% had non-disabling procedural stroke (48 allocated to CAS and 29 to CEA). Kaplan-Meier estimates of 5-year non-procedural stroke were 2·5% in each group for fatal or disabling stroke, and 5·3% with CAS versus 4·5% with CEA for any stroke (rate ratio [RR] 1·16, 95% CI 0·86–1·57; p=0·33). Combining RRs for any non-procedural stroke in all CAS versus CEA trials, the RR was similar in symptomatic and asymptomatic patients (overall RR 1·11, 95% CI 0·91–1·32; p=0·21). Interpretation: Serious complications are similarly uncommon after competent CAS and CEA, and the long-term effects of these two carotid artery procedures on fatal or disabling stroke are comparable. Funding: UK Medical Research Council and Health Technology Assessment Programme

Evaluation of appendicitis risk prediction models in adults with suspected appendicitis

Background Appendicitis is the most common general surgical emergency worldwide, but its diagnosis remains challenging. The aim of this study was to determine whether existing risk prediction models can reliably identify patients presenting to hospital in the UK with acute right iliac fossa (RIF) pain who are at low risk of appendicitis. Methods A systematic search was completed to identify all existing appendicitis risk prediction models. Models were validated using UK data from an international prospective cohort study that captured consecutive patients aged 16–45 years presenting to hospital with acute RIF in March to June 2017. The main outcome was best achievable model specificity (proportion of patients who did not have appendicitis correctly classified as low risk) whilst maintaining a failure rate below 5 per cent (proportion of patients identified as low risk who actually had appendicitis). Results Some 5345 patients across 154 UK hospitals were identified, of which two‐thirds (3613 of 5345, 67·6 per cent) were women. Women were more than twice as likely to undergo surgery with removal of a histologically normal appendix (272 of 964, 28·2 per cent) than men (120 of 993, 12·1 per cent) (relative risk 2·33, 95 per cent c.i. 1·92 to 2·84; P < 0·001). Of 15 validated risk prediction models, the Adult Appendicitis Score performed best (cut‐off score 8 or less, specificity 63·1 per cent, failure rate 3·7 per cent). The Appendicitis Inflammatory Response Score performed best for men (cut‐off score 2 or less, specificity 24·7 per cent, failure rate 2·4 per cent). Conclusion Women in the UK had a disproportionate risk of admission without surgical intervention and had high rates of normal appendicectomy. Risk prediction models to support shared decision‐making by identifying adults in the UK at low risk of appendicitis were identified