Excluding the Exclusionary Rule in Driver\u27s License Suspension and Revocation Hearings

The exclusionary rule is a judicially created remedy designed to safeguard Fourth Amendment rights, which provides for the suppression of primary and derivative evidence obtained from an illegal search. While often applied in criminal cases, in United States v. Calandra,3 the United States Supreme Court utilized a balancing test to determine whether to apply the rule in non-criminal contexts.4 Suppression of evidence in accordance with the exclusionary rule in both criminal and non-criminal cases has been criticized in many circles,5 with the debate recently resurfacing after the Supreme Court declined to apply the rule in administrative parole revocation proceedings.6 That holding and others like it have been criticized on the grounds that administrative hearings are quasi-criminal, or punitive in nature, and therefore involve penalties similar enough to criminal punishments to require suppression of illegally obtained evidence

Just What the Doctor Ordered--Or Was It: Missouri Pharmacists\u27 Duty of Care in the 21st Century

Recent studies have suggested that up to five percent of all prescriptions filled in hospitals contain errors. Medical commentators have expressed concern that this figure may be even higher for outpatient prescription. As a result of medication errors, patients suffer uncomfortable and even traumatic results in the form of “adverse drug events,” while the health care system incurs needless costs. These adverse drug events are normally preventable, and are considered to be a current problem by hospital administrators and doctors alike. Now, courts are beginning to recognize the problem, and have suggested a solution by adopting a heightened standard of care for pharmacists. In that respect, courts have begun to recognize that pharmacists are the last chance that the system has to correct itself, and that pharmacists are experts in pharmaceutical science and should be treated as professionals. Courts have not always treated pharmacists as professionals. Instead, pharmacists have traditionally been viewed as “order fillers” for the true professionals: the prescribing physicians. Until recently, Missouri adhered to that traditional view, requiring only that Missouri’s pharmacists fill prescriptions accurately. Recently, however, the Missouri Court of Appeals for the Western District of Missouri recognized that pharmacists are professionals in their own right, and should be held to a higher standard. In Horner v. Spalitto, the court state that pharmacists must act as would a reasonable pharmacist in the same or similar circumstances, a duty that may require more of them than correctly filling orders. The implication for Missouri pharmacists is not only an expanded duty of care, but also a recognition of their professional status and place in Missouri’s health care system

Test of nuclear level density inputs for Hauser-Feshbach model calculations

The energy spectra of neutrons, protons, and alpha-particles have been measured from the d+59Co and 3He+58Fe reactions leading to the same compound nucleus, 61$Ni. The experimental cross sections have been compared to Hauser-Feshbach model calculations using different input level density models. None of them have been found to agree with experiment. It manifests the serious problem with available level density parameterizations especially those based on neutron resonance spacings and density of discrete levels. New level densities and corresponding Fermi-gas parameters have been obtained for reaction product nuclei such as 60Ni,60Co, and 57Fe

Level density of 56^{56}Fe and low-energy enhancement of γ\gamma-strength function

The $^{55}$Mn$(d,n)^{56}$Fe differential cross section is measured at $E_d=7$ MeV\@. The $^{56}$Fe level density obtained from neutron evaporation spectra is compared to the level density extracted from the $^{57}$Fe$(^3$He,$\alpha\gamma)^{56}$Fe reaction by the Oslo-type technique. Good agreement is found between the level densities determined by the two methods. With the level density function obtained from the neutron evaporation spectra, the $^{56}$Fe $\gamma$-strength function is also determined from the first-generation $\gamma$ matrix of the Oslo experiment. The good agreement between the past and present results for the $\gamma$-strength function supports the validity of both methods and is consistent with the low-energy enhancement of the $\gamma$ strength below $\sim 4$ MeV first discovered by the Oslo method in iron and molybdenum isotopes.Comment: 7 pages, 5 figure

Fate and effect of antibiotics in beef and dairy manure during static and turned composting

Manure composting has general benefits for production of soil amendment, but the effects of composting on antibiotic persistence and effects of antibiotics on the composting process are not well-characterized, especially for antibiotics commonly used in dairy cattle. This study provides a comprehensive, head-to-head, replicated comparison of the effect of static and turned composting on typical antibiotics used in beef and dairy cattle in their actual excreted form and corresponding influence on composting efficacy. Manure from steers (with or without chlortetracycline, sulfamethazine, and tylosin feeding) and dairy cows (with or without pirlimycin and cephapirin administration) were composted at small scale (wet mass: 20-22 kg) in triplicate under static and turned conditions adapted to represent US Food and Drug Administration guidelines. Thermophilic temperature (>55°C) was attained and maintained for 3 d in all composts, with no measureable effect of compost method on the pattern, rate, or extent of disappearance of the antibiotics examined, except tylosin. Disappearance of all antibiotics, except pirlimycin, followed bi-phasic first-order kinetics. However, individual antibiotics displayed different fate patterns in response to the treatments. Reduction in concentration of chlortetracycline (71-84%) and tetracycline (66-72%) was substantial, while near-complete removal of sulfamethazine (97-98%) and pirlimycin (100%) was achieved. Tylosin removal during composting was relatively poor. Both static and turned composting were generally effective for reducing most beef and dairy antibiotic residuals excreted in manure, with no apparent negative impact of antibiotics on the composting process, but with some antibiotics apparently more recalcitrant than others

New Results for Double-Beta Decay of Mo-100 to Excited Final States of Ru-100 Using the TUNL-ITEP Apparatus

The coincidence detection efficiency of the TUNL--ITEP apparatus designed for measuring half-life times of two-neutrino double-beta decay transitions to excited final states in daughter nuclei has been measured with a factor of 2.4 improved accuracy. In addition, the previous measuring time of 455 days for the study of the Mo-100 two-neutrino double-beta decay to the first excited 0+ state in Ru-100 has been increased by 450 days, and a new result (combined with the previous measurement obtained with the same apparatus) for this transition is presented: T_(1/2) = [5.5 (+1.2/-0.8) (stat) +/- 0.3 (syst)] x 10^20 y. Measured two-neutrino double-beta decay half-life times to excited states can be used to test the reliability of nuclear matrix element calculations needed for determining the effective neutrino mass from zero-neutrino double-beta decay data. We also present new limits for transitions to higher excited states in Ru-100 which, if improved, may be of interest for more exotic conjectures, like a bosonic component to neutrino statistics

First proton-transfer study of 18F+p resonances relevant for novae

The 18F(p,α)15O reaction is the predominant destruction mechanism in novae of the radionuclide F18, a target of γ-ray observatories. Thus, its rate is important for understanding F18 production in novae. We have studied resonances in the 18F+p system by making a measurement of a proton-transfer reaction 18F(d,n). We have observed 15 Ne19 levels, 5 of which are below the proton threshold, including a subthreshold state, which has significant l p=0 strength. Our data provide a direct determination of the spectroscopic strength of these states and new constraints on their spins and parities, thereby resolving a controversy, which involves the 8- and 38-keV resonances. The 18F(p,α)15O reaction rate is reevaluated, which takes the subthreshold resonance and other new information determined in this experiment into account. © 2011 American Physical Society

Single-nucleon transfer reactions on \u3csup\u3e18\u3c/sup\u3eF

Simultaneous measurement of the proton-transfer 18F(d,n) 19Ne and neutron-transfer 18F(d,p)19F reactions were performed with a 18F radioactive beam at the Holifield Radioactive Ion Beam Facility at Oak Ridge National Laboratory. The experiments clarify the nuclear structure of 19Ne near the proton threshold, which is relevant for understanding the rates of proton-induced reactions on 18F in novae. Analogs for several states in the mirror nucleus 19F have not yet been identified in 19Ne, indicating that the level structure of 19Ne in this region is incomplete. We observed 15 levels in 19Ne from the 18F(d,n) 19Ne measurement and 18 levels in 19F from the 18F(d,p)19F measurement. Angular distributions were extracted for all strongly populated states and compared to distorted-wave Born approximation calculations. The angular distributions for all the known states in the two nuclei determined in this work are consistent with their previously assigned spins and parities. The spectroscopic factors determined for these levels in the two nuclei are reported. © 2011 American Physical Society