Vertical Conflicts: The Role of State Law in Suits under Section 301

One of the most difficult practical problems posed by our federal system arises when the judicial institutions of one law-making authority are enlisted to enforce and protect rights created by another. While the United States Supreme Court through its appellate jurisdiction is the institution charged with the final responsibility for overseeing a satisfactory solution to this problem, and while the Court can indicate how competing interests are to be harmonized in specific controversies and provide some principles which may be useful in different contexts, it cannot review every state 301 suit. In the long run, success depends upon the earnest labors of state courts to identify the policies which are in conflict and bring their energies to bear in an effort to achieve a true resolution of the competing interests. For the most part, the Court has delineated the policy values under 301 law, and what remains is the application of these policies to specific issues which arise during the course of litigation. It is the purpose of this note to engage in the type of analytical processes state courts must undertake and to reach some conclusions concerning the role of state law in suits brought under section 301

Midlatitude Oceanic Cloud and Precipitation Properties as Sampled by the ARM Eastern North Atlantic Observatory

An edited version of this paper was published by AGU. Copyright 2019 American Geophysical Union.Marine low clouds are critical to the climate system because of their extensive coverage and associated controls on boundary layer dynamics and radiative energy balance. The primary foci for this study are marine low cloud observations over a heavily instrumented site on the Azores archipelago in the Eastern North Atlantic and their associated raindrop size distribution (DSD) properties, relative low cloud contributions to the precipitation, and additional sampling (instrument, environmental) considerations. The contribution from low clouds (e.g., cloud top < 4 km) to the overall precipitation over midlatitude oceans is poorly understood, in part because of the lack of coupled, high‐quality measurements of precipitation and low cloud properties. Cloud regime and precipitation breakdowns performed for a multiyear (2014–2017) record emphasize diurnal precipitation and raindrop size distribution characteristics for both low and deeper clouds, as well as differences between the two disdrometer types used. Results demonstrate that marine low clouds over this Eastern North Atlantic location account for a significant (45%) contribution to the total rainfall and exhibit a diurnal cycle in cloud (thickness, top, and base) and precipitation characteristics similar to satellite records. Additional controls on observed surface rainfall characteristics of low clouds allowed by the extended ground‐based facility data sets are also explored. From those analyses, it is suggested that the synoptic state exerts a significant control on low cloud and surface precipitation properties

Clutter mitigation, multiple peaks, and high-order spectral moments in 35 GHz vertically pointing radar velocity spectra

This study presents and applies three separate processing methods to improve high-order moments estimated from 35GHz (Ka band) vertically pointing radar Doppler velocity spectra. The first processing method removes Doppler-shifted ground clutter from spectra collected by a US Department of Energy (DOE) Atmospheric Radiation Measurement (ARM) program Ka-band zenith pointing radar (KAZR) deployed at Oliktok Point (OLI), Alaska. Ground clutter resulted from multiple pathways through antenna side lobes and reflections off a rotating scanning radar antenna located 2m away from KAZR, which caused Doppler shifts in ground clutter returns from stationary targets 2.5km away. After removing clutter in the recorded velocity spectra, the second processing method identifies multiple separate and sub-peaks in the spectra and estimates high-order moments for each peak. Multiple peaks and high-order moments were estimated for both original 2 and 15s averaged spectra. The third processing step improves the spectrum variance, skewness, and kurtosis estimates by removing velocity variability due to turbulent broadening during 15s averaging intervals. Applying the multiple peak processing to Doppler velocity spectra during liquid-only clouds can identify cloud and drizzle particles and during mixed-phase clouds can identify liquid cloud and frozen hydrometeors. Consistent with previous studies, this work found that spectrum skewness assuming only a single spectral peak was a good indicator of two hydrometeor populations (for example, cloud and drizzle particles) being present in the radar pulse volume. Yet, after dividing the spectrum into multiple peaks, velocity spectrum skewness for individual peaks is near zero, indicating nearly symmetric peaks. This suggests that future studies should use velocity skewness of single-peak spectra as an indicator of possible multiple hydrometeor populations and then use multiple-peak moments for quantitative studies. Three future activities will continue this work. First, KAZR spectra from several ARM sites have been processed and are available in the ARM archive as a principal investigator (PI) product. ARM programmers are evaluating these processing methods as part of future multiple-peak products generated by ARM. Third, MATLAB code generating the Oliktok Point products has been uploaded as supplemental material for public dissemination

Factors Influencing Optical Coherence Tomography Peripapillary Choroidal Thickness: A Multicenter Study.

Purpose:To quantify peripapillary choroidal thickness (PCT) and the factors that influence it in healthy participants who represent the racial and ethnic composition of the U.S. population. Methods:A total of 362 healthy participants underwent optical coherence tomography (OCT) enhanced depth imaging of the optic nerve head with a 24 radial B-scan pattern aligned to the fovea to Bruch's membrane opening axis. Bruch's membrane, anterior scleral canal opening (ASCO), and the anterior scleral surface were manually segmented. PCT was measured at 100, 300, 500, 700, 900, and 1100 μm from the ASCO globally and within 12 clock-hour sectors. The effects of age, axial length, intraocular pressure, ethnicity, sex, sector, and ASCO area on PCT were assessed by ANOVA and univariable and multivariable regressions. Results:Globally, PCT was thicker further from the ASCO border and thinner with older age, longer axial length, larger ASCO area, European descent, and female sex. Among these effectors, age and axial length explained the greatest proportion of variance. The rate of age-related decline increased further from the ASCO border. Sectorally, the inferior-temporal sectors were thinnest (10.7%-20.0% thinner than the thickest sector) and demonstrated a higher rate of age-related loss (from 15.6% to 20.7% faster) at each ASCO distance. Conclusions:In healthy eyes, PCT was thinnest in the inferior temporal sectors and thinner PCT was associated with older age, European descent, longer axial length, larger ASCO area, and female sex. Among these associations, age had the strongest influence, and its effect was greatest within the inferior temporal sectors

Transit and Eclipse Analyses of Exoplanet HD 149026b Using BLISS Mapping

The dayside of HD 149026b is near the edge of detectability by the Spitzer Space Telescope. We report on eleven secondary-eclipse events at 3.6, 4.5, 3 x 5.8, 4 x 8.0, and 2 x 16 microns plus three primary-transit events at 8.0 microns. The eclipse depths from jointly-fit models at each wavelength are 0.040 +/- 0.003% at 3.6 microns, 0.034 +/- 0.006% at 4.5 microns, 0.044 +/- 0.010% at 5.8 microns, 0.052 +/- 0.006% at 8.0 microns, and 0.085 +/- 0.032% at 16 microns. Multiple observations at the longer wavelengths improved eclipse-depth signal-to-noise ratios by up to a factor of two and improved estimates of the planet-to-star radius ratio (Rp/Rs = 0.0518 +/- 0.0006). We also identify no significant deviations from a circular orbit and, using this model, report an improved period of 2.8758916 +/- 0.0000014 days. Chemical-equilibrium models find no indication of a temperature inversion in the dayside atmosphere of HD 149026b. Our best-fit model favors large amounts of CO and CO2, moderate heat redistribution (f=0.5), and a strongly enhanced metallicity. These analyses use BiLinearly-Interpolated Subpixel Sensitivity (BLISS) mapping, a new technique to model two position-dependent systematics (intrapixel variability and pixelation) by mapping the pixel surface at high resolution. BLISS mapping outperforms previous methods in both speed and goodness of fit. We also present an orthogonalization technique for linearly-correlated parameters that accelerates the convergence of Markov chains that employ the Metropolis random walk sampler. The electronic supplement contains light-curve files and supplementary figures.Comment: Accepted for publication in Ap

Age-Related Effects on the Potency of Human Adipose-Derived Stem Cells: Creation and Evaluation of Superlots and Implications for Musculoskeletal Tissue Engineering Applications

Human adipose-derived stem cells (hASC) are now a prevalent source of adult stem cells for studies in tissue engineering and regenerative medicine. However, researchers utilizing hASC in their investigations often encounter high levels of donor-to-donor variability in hASC differentiation potential. Because of this, conducting studies with this primary cell type can require extensive resources to generate statistically significant data. We present a method to generate pooled donor cell populations, termed “superlots,” containing cell populations derived from four to five age-clustered donors. The goal of generating these superlots was to 1) increase experimental throughput, 2) to utilize assay resources more efficiently, and 3) to begin to establish global hASC differentiation behaviors that may be associated with donor age. With our superlot approach, we have validated that pooled donor cell populations exhibit proliferative activity representing the combined behavior of each individual donor cell line. Further, the superlots also exhibit differentiation levels roughly approximating the average combined differentiation levels of each individual donor cell line. We established that high donor-to-donor variability exists between the pre-, peri-, and postmenopausal age groupings and that proliferation and differentiation characteristics can vary widely, independent of age. Interestingly, we did observe that cell lines derived from postmenopausal donors demonstrated a relatively high proclivity for osteogenic differentiation and a relatively lowered proclivity for adipogenic differentiation as compared with cells derived from pre- and perimenopausal donors. In general, superlots effectively represented the average differentiation behavior of each of their contributing cell populations and could provide a powerful tool for increasing experimental throughput to more efficiently utilize resources when studying hASC differentiation

Thermal Emission of WASP-14b Revealed with Three Spitzer Eclipses

Exoplanet WASP-14b is a highly irradiated, transiting hot Jupiter. Joshi et al. calculate an equilibrium temperature Teq of 1866 K for zero albedo and reemission from the entire planet, a mass of 7.3 +/- 0.5 Jupiter masses and a radius of 1.28 +/- 0.08 Jupiter radii. Its mean density of 4.6 g/cm3 is one of the highest known for planets with periods less than 3 days. We obtained three secondary eclipse light curves with the Spitzer Space Telescope. The eclipse depths from the best jointly fit model are $0.224\%$ +/- $0.018\%$ at 4.5 {\mu}m and $0.181\%$ +/- $0.022\%$ at 8.0 {\mu}m. The corresponding brightness temperatures are 2212 +/- 94 K and 1590 +/- 116 K. A slight ambiguity between systematic models suggests a conservative 3.6 {\mu}m eclipse depth of $0.19\%$ +/- $0.01\%$ and brightness temperature of 2242 +/- 55 K. Although extremely irradiated, WASP-14b does not show any distinct evidence of a thermal inversion. In addition, the present data nominally favor models with day night energy redistribution less than $~30\%$. The current data are generally consistent with oxygen-rich as well as carbon-rich compositions, although an oxygen-rich composition provides a marginally better fit. We confirm a significant eccentricity of e = 0.087 +/- 0.002 and refine other orbital parameters.Comment: 16 pages, 16 figure

Repurposing Anti-Inflammasome NRTIs for Improving Insulin Sensitivity and Reducing Type 2 Diabetes Development

Innate immune signaling through the NLRP3 inflammasome is activated by multiple diabetes-related stressors, but whether targeting the inflammasome is beneficial for diabetes is still unclear. Nucleoside reverse-transcriptase inhibitors (NRTI), drugs approved to treat HIV-1 and hepatitis B infections, also block inflammasome activation. Here, we show, by analyzing five health insurance databases, that the adjusted risk of incident diabetes is 33% lower in patients with NRTI exposure among 128,861 patients with HIV-1 or hepatitis B (adjusted hazard ratio for NRTI exposure, 0.673; 95% confidence interval, 0.638 to 0.710; P \u3c 0.0001; 95% prediction interval, 0.618 to 0.734). Meanwhile, an NRTI, lamivudine, improves insulin sensitivity and reduces inflammasome activation in diabetic and insulin resistance-induced human cells, as well as in mice fed with high-fat chow; mechanistically, inflammasome-activating short interspersed nuclear element (SINE) transcripts are elevated, whereas SINE-catabolizing DICER1 is reduced, in diabetic cells and mice. These data suggest the possibility of repurposing an approved class of drugs for prevention of diabetes