Sosa, Customary International Law, and the Continuing Relevance of Erie

Ten years ago, the conventional wisdom among international law academics was that customary international law (CIL) had the status of self-executing federal common law to be applied by courts without any need for political branch authorization. This modern position came under attack by so-called revisionist critics who argued that CIL had the status of federal common law only in the relatively rare situations in which the Constitution or political branches authorized courts to treat it as such. Modern position proponents are now claiming that the Supreme Court\u27s 2004 decision in Sosa v. Alvarez-Machain confirms that CIL has the status of self-executing federal common law. As this Article explains, the decision in Sosa did not in fact embrace the modern position, and, indeed, is best read as rejecting it. Commentators who construe Sosa as embracing the modern position have confounded the automatic incorporation of CIL as domestic federal law in the absence of political branch authorization (i.e., the modern position) with the entirely different issue of whether and to what extent a particular statute, the Alien Tort Statute ( ATS ), authorizes courts to apply CIL as domestic federal law. The Article also explains how CIL continues to be relevant to domestic federal common law despite Sosa\u27s rejection of the modern position. The fundamental flaw of the modern position is that it ignores the justifications for, and limitations on, post-Erie federal common law. As the Article shows, however, there are a number of contexts in addition to the ATS in which it is appropriate for courts to develop federal common law by reference to CIL, including certain jurisdictional contexts not amenable to state regulation (namely admiralty and interstate disputes), and gap-filling and interpretation of foreign affairs statutes and treaties. The Article concludes by considering several areas of likely debate during the next decade concerning the domestic status of CIL: corporate aiding and abetting liability under the ATS; application of CIL to the war on terrorism; and the use of foreign and international materials in constitutional interpretation

Some potential blood flow experiments for space

Blood is a colloidal suspension of cells, predominantly erythrocytes, (red cells) in an aqueous solution called plasma. Because the red cells are more dense than the plasma, and because they tend to aggregate, erythrocyte sedimentation can be significant when the shear stresses in flowing blood are small. This behavior, coupled with equipment restrictions, has prevented certain definitive fluid mechanical studies from being performed with blood in ground-based experiments. Among such experiments, which could be satisfactorily performed in a microgravity environment, are the following: (1) studies of blood flow in small tubes, to obtain pressure-flow rate relationships, to determine if increased red cell aggregation can be an aid to blood circulation, and to determine vessel entrance lengths, and (2) studies of blood flow through vessel junctions (bifurcations), to obtain information on cell distribution in downstream vessels of (arterial) bifurcations, and to test flow models of stratified convergent blood flows downstream from (venous) bifurcations

Model for Dissipative Highly Nonlinear Waves in Dry Granular Systems

A model is presented for the characterization of dissipative effects on highly nonlinear waves in one-dimensional dry granular media. The model includes three terms: Hertzian, viscoelastic, and a term proportional to the square of the relative velocity of particles. The model outcomes are confronted with different experiments where the granular system is subject to several constraints for different materials. Excellent qualitative and quantitative agreement between theory and experiments is found.Comment: Link to the Journal: http://prl.aps.org/abstract/PRL/v104/i11/e11800

Ionized gas at the edge of the Central Molecular Zone

To determine the properties of the ionized gas at the edge of the CMZ near Sgr E we observed a small portion of the edge of the CMZ near Sgr E with spectrally resolved [C II] 158 micron and [N II] 205 micron fine structure lines at six positions with the GREAT instrument on SOFIA and in [C II] using Herschel HIFI on-the-fly strip maps. We use the [N II] spectra along with a radiative transfer model to calculate the electron density of the gas and the [C II] maps to illuminate the morphology of the ionized gas and model the column density of CO-dark H2. We detect two [C II] and [N II] velocity components, one along the line of sight to a CO molecular cloud at -207 km/s associated with Sgr E and the other at -174 km/s outside the edge of another CO cloud. From the [N II] emission we find that the average electron density is in the range of about 5 to 25 cm{-3} for these features. This electron density is much higher than that of the warm ionized medium in the disk. The column density of the CO-dark H$_2$ layer in the -207 km/s cloud is about 1-2X10{21} cm{-2} in agreement with theoretical models. The CMZ extends further out in Galactic radius by 7 to 14 pc in ionized gas than it does in molecular gas traced by CO. The edge of the CMZ likely contains dense hot ionized gas surrounding the neutral molecular material. The high fractional abundance of N+ and high electron density require an intense EUV field with a photon flux of order 1e6 to 1e7 photons cm{-2} s{-1}, and/or efficient proton charge exchange with nitrogen, at temperatures of order 1e4 K, and/or a large flux of X-rays. Sgr E is a region of massive star formation which are a potential sources of the EUV radiation that can ionize the gas. In addition X-ray sources and the diffuse X-ray emission in the CMZ are candidates for ionizing nitrogen.Comment: 12 pages, 9 figure

Non-invasive prenatal testing for aneuploidy: a systematic review of Internet advertising to potential users by commercial companies and private health providers.

BACKGROUND: The development of non-invasive prenatal testing has increased accessibility of fetal testing. Companies are now advertising prenatal testing for aneuploidy via the Internet. OBJECTIVES: The aim of this systematic review of websites advertising non-invasive prenatal testing for aneuploidy was to explore the nature of the information being provided to potential users. METHODS: We systematically searched two Internet search engines for relevant websites using the following terms: 'prenatal test', 'antenatal test', 'non-invasive test', 'noninvasive test', 'cell-free fetal DNA', 'cffDNA', 'Down syndrome test' or 'trisomy test'. We examined the first 200 websites identified through each search. Relevant web-based text was examined, and key topics were identified, tabulated and counted. To analyse the text further, we used thematic analysis. MAIN RESULTS: Forty websites were identified. Whilst a number of sites provided balanced, accurate information, in the majority supporting evidence was not provided to underpin the information and there was inadequate information on the need for an invasive test to definitely diagnose aneuploidy. CONCLUSIONS: The information provided on many websites does not comply with professional recommendations. Guidelines are needed to ensure that companies offering prenatal testing via the Internet provide accurate and comprehensible information

Constraints on the Stellar/Sub-stellar Mass Function in the Inner Orion Nebula Cluster

We present the results of a 0.5-0.9" FWHM imaging survey at K (2.2 micron) and H (1.6 micron) covering 5.1' x 5.1' centered on Theta 1C Ori, the most massive star in the Orion Nebula Cluster (ONC). At the age and distance of this cluster, and in the absence of extinction, the hydrogen burning limit (0.08 Mo) occurs at K~13.5 mag while an object of mass 0.02 Mo has K~16.2 mag. Our photometry is complete for source detection at the 7 sigma level to K~17.5 mag and thus is sensitive to objects as low-mass as 0.02 Mo seen through visual extinction values as high as 10 magnitudes. We use the observed magnitudes, colors, and star counts to constrain the shape of the inner ONC stellar mass function across the hydrogen burning limit. After determining the stellar age and near-infrared excess properties of the optically visible stars in this same inner ONC region, we present a new technique that incorporates these distributions when extracting the mass function from the observed density of stars in the K-(H-K) diagram. We find that our data are inconsistent with a mass function that rises across the stellar/sub-stellar boundary. Instead, we find that the most likely form of the inner ONC mass function is one that rises to a peak around 0.15 Mo, and then declines across the hydrogen-burning limit with slope N(log M) ~ M^(0.57+/-0.05). We emphasize that our conclusions apply to the inner 0.71 pc x 0.71 pc of the ONC only; they may not apply to the ONC as a whole where some evidence for general mass segregation has been found.Comment: Accepted for publication in the Astrophysical Journal. Preprints/tables also available at http://phobos.caltech.edu/~jmc/papers/onc

Temperature perturbation model of the opto-galvanic effect in CO2-laser discharges

A detailed discharge model of the opto-galvanic effect in molecular laser gas mixtures is developed based on the temperature perturbation or discharge cooling mechanism of Smith and Brooks (1979). Excellent agreement between the model and experimental results in CO2 laser gas mixtures is obtained. The model should be applicable to other molecular systems where the OGE is being used for laser stabilisation and as a spectroscopic tool