Judge Jack Weinstein and the Construction of Tort Law in America: An Intellectual History

This Article explores the intersection between the judicial and scholarly work of Judge Jack Weinstein, particularly as related to mass tort litigation and the development of legal theory and tort law in America. The primary focus will be on Judge Weinstein’s handing of the Agent Orange litigation. Judge Weinstein’s tenure on the federal bench began in 1967. Some seven years earlier, Ronald Coase published his Problem of Social Costs, a monumental moment in American legal theory and tort law policy. Three years later, Guido Calabresi published his path-breaking text, The Costs of Accidents. These two texts are representative of the law and neoclassical economics movement, which would indelibly shape tort law theory in America during Judge Weinstein’s years as a judge. Law and neoclassical economics is most often discussed as a methodology for analyzing tort law on the basis of efficiency. However, it also exemplifies a broader approach to law that goes beyond efficiency analysis. This broader approach focuses its analysis on the social good as opposed to prioritizing individual rights. It is through the lens of these two features of twentieth-century legal theory (efficiency and the social good), particularly as they apply to tort law, that this Article will examine the Agent Orange litigation. An intriguing aspect of Judge Weinstein’s worldview, which is reflected in the disposition of the Agent Orange litigation, is that he champions efficiency and the social good while placing a premium on recognizing individual suffering as an existential reality. Of course, the Agent Orange litigation is also circumscribed by the specter of the Vietnam War, which makes it an even more compelling site of inquiry

The influence of flow discharge variations on the morphodynamics of a diffluence-confluence unit on a large river: Impacts of discharge variation on a diffluence-confluence unit

© 2017 The Authors. Earth Surface Processes and Landforms published by John Wiley & Sons Ltd. Bifurcations are key geomorphological nodes in anabranching and braided fluvial channels, controlling local bed morphology, the routing of sediment and water, and ultimately defining the stability of their associated diffluence–confluence unit. Recently, numerical modelling of bifurcations has focused on the relationship between flow conditions and the partitioning of sediment between the bifurcate channels. Herein, we report on field observations spanning September 2013 to July 2014 of the three-dimensional flow structure, bed morphological change and partitioning of both flow discharge and suspended sediment through a large diffluence–confluence unit on the Mekong River, Cambodia, across a range of flow stages (from 13 500 to 27 000 m 3 s −1 ). Analysis of discharge and sediment load throughout the diffluence–confluence unit reveals that during the highest flows (Q = 27 000 m 3 s −1 ), the downstream island complex is a net sink of sediment (losing 2600 ± 2000 kg s −1 between the diffluence and confluence), whereas during the rising limb (Q = 19 500 m 3 s −1 ) and falling limb flows (Q = 13 500 m 3 s −1 ) the sediment balance is in quasi-equilibrium. We show that the discharge asymmetry of the bifurcation varies with discharge and highlight that the influence of upstream curvature-induced water surface slope and bed morphological change may be first-order controls on bifurcation configuration. Comparison of our field data to existing bifurcation stability diagrams reveals that during lower (rising and falling limb) flow the bifurcation may be classified as unstable, yet transitions to a stable condition at high flows. However, over the long term (1959–2013) aerial imagery reveals the diffluence–confluence unit to be fairly stable. We propose, therefore, that the long-term stability of the bifurcation, as well as the larger channel planform and morphology of the diffluence–confluence unit, may be controlled by the dominant sediment transport regime of the system. © 2017 The Authors. Earth Surface Processes and Landforms published by John Wiley & Sons Ltd

Extreme flood-driven fluvial bank erosion and sediment loads: direct process measurements using integrated Mobile Laser Scanning (MLS) and hydro-acoustic techniques: Direct measurement of flood-driven erosion using MLS and MBES

Copyright © 2016 John Wiley & Sons, Ltd. This methods paper details the first attempt at monitoring bank erosion, flow and suspended sediment at a site during flooding on the Mekong River induced by the passage of tropical cyclones. We deployed integrated mobile laser scanning (MLS) and multibeam echo sounding (MBES), alongside acoustic Doppler current profiling (aDcp), to directly measure changes in river bank and bed at high (~0.05 m) spatial resolution, in conjunction with measurements of flow and suspended sediment dynamics. We outline the methodological steps used to collect and process this complex point cloud data, and detail the procedures used to process and calibrate the aDcp flow and sediment flux data. A comparison with conventional remote sensing methods of estimating bank erosion, using aerial images and Landsat imagery, reveals that traditional techniques are error prone at the high temporal resolutions required to quantify the patterns and volumes of bank erosion induced by the passage of individual flood events. Our analysis reveals the importance of cyclone-driven flood events in causing high rates of erosion and suspended sediment transport, with a c. twofold increase in bank erosion volumes and a fourfold increase in suspended sediment volumes in the cyclone-affected wet season. Copyright © 2016 John Wiley & Sons, Ltd

Neither a Multi-Ingredient Pre-Workout Supplement nor Caffeine Were Effective at Improving Markers of Blood Flow or Upper-Body Resistance Exercise Performance

International Journal of Exercise Science 13(2): 167-182, 2020. Few studies have measured the effects of multi-ingredient pre-workout supplements on blood flow or heart rate variability or have compared a multi-ingredient pre-workout supplement to a matched single ingredient. This study examined the effects of a multi-ingredient pre-workout supplement, an equivalent amount of caffeine, and placebo on markers of resistance training performance, blood flow, blood pressure, and heart rate variability. The study utilized a randomized, placebo-controlled, repeated-measures, crossover design. Twelve resistance-trained males (22.75 ± 4.51 yrs; 183.4 ± 7.37 cm; 91.05 ± 17.77 kg) completed the study. Resistance exercise performance was defined as total work performed during elbow flexion and extension on an isokinetic dynamometer. Blood flow was calculated using time-averaged mean velocity and blood vessel diameter of the right brachial artery, which were measured via Doppler ultrasound. Heart rate was recorded using an electrocardiogram. Neither a multi-ingredient pre-workout supplement nor caffeine alone improved upper-body resistance exercise performance or markers of blood flow relative to placebo. No differences in heart rate variability were observed across treatments. A multi-ingredient pre-workout supplement was not effective at improving performance or blood flow and did not alter autonomic nervous system function

Brief of Amici Curiae Scholars of the Law of Non-Profit Organizations in Support of Respondent: Americans for Prosperity Foundation v. Matthew Rodriguez, Nos. 19-251 & 19-255

This was a brief filed with the Supreme Court of the United States supporting the state of California in its effort to defend the Constitutionality of a law regarding nonprofit organizations requiring that those organizations soliciting donations in the state of California file a Schedule B of the Form 990 with the state attorney general to disclose substantial donors to the organization during the year

Fluvial sediment supply to a mega-delta reduced by shifting tropical-cyclone activity

© 2016 Macmillan Publishers Limited, part of Springer Nature. All rights reserved. The world's rivers deliver 19 billion tonnes of sediment to the coastal zone annually, with a considerable fraction being sequestered in large deltas, home to over 500 million people. Most (more than 70 per cent) large deltas are under threat from a combination of rising sea levels, ground surface subsidence and anthropogenic sediment trapping, and a sustainable supply of fluvial sediment is therefore critical to prevent deltas being 'drowned' by rising relative sea levels. Here we combine suspended sediment load data from the Mekong River with hydrological model simulations to isolate the role of tropical cyclones in transmitting suspended sediment to one of the world's great deltas. We demonstrate that spatial variations in the Mekong's suspended sediment load are correlated (r = 0.765, P < 0.1) with observed variations in tropical-cyclone climatology, and that a substantial portion (32 per cent) of the suspended sediment load reaching the delta is delivered by runoff generated by rainfall associated with tropical cyclones. Furthermore, we estimate that the suspended load to the delta has declined by 52.6 ± 10.2 megatonnes over recent years (1981-2005), of which 33.0 ± 7.1 megatonnes is due to a shift in tropical-cyclone climatology. Consequently, tropical cyclones have a key role in controlling the magnitude of, and variability in, transmission of suspended sediment to the coast. It is likely that anthropogenic sediment trapping in upstream reservoirs is a dominant factor in explaining past, and anticipating future, declines in suspended sediment loads reaching the world's major deltas. However, our study shows that changes in tropical-cyclone climatology affect trends in fluvial suspended sediment loads and thus are also key to fully assessing the risk posed to vulnerable coastal systems