Hiding Behind the Constitution: The Supreme Court and Procedural Due Process in Cleveland Board of Education v. Loudermill

This term, the Supreme Court had an opportunity to affirm the approach of the plurality in Arnett v. Kennedy in Cleveland Board of Education v. Loudermill. In Arnett, Justice Rehnquist\u27s plurality opinion articulated the rule that statutorily-created entitlements can be limited by and conditioned upon the procedural rules that accompany those entitlements. This article argues that the Supreme Court should have adopted Justice Rehnquist\u27s approach in Arnett because it articulates a clear rule of law. Such clarity would have two effects. First, holders of entitlements would know what procedures they would be afforded at the time the entitlement was granted thereby allowing them to fully appreciate the nature and contours of that entitlement. Second, and more significantly, a clearly articulated rule would enable the public to appreciate the political nature of the judicial process. If the Court revealed itself as a political body to the public, people could then react appropriately by attempting to change the judicial system in America. Because adopting Justice Rehnquist\u27s approach would have exposed the political nature of the Supreme Court and thereby encouraged political action aimed at changing the nature of the judicial process, the Court declined to do so, at least in terms as stark as those used by Justice Rehnquist

Palliative care services in families of males with muscular dystrophy: Data from MD STARnet

Introduction: Information on use of palliative care services among individuals with Duchenne and Becker muscular dystrophy is scant despite the clearly documented need. Methods: We examined associations between uptake of palliative care services by 233 males with Duchenne and Becker muscular dystrophy aged 12 and older for both caregiver and affected male characteristics using the Muscular Dystrophy Surveillance Tracking and Research Network baseline interview. Results: Ninety-one percent of caregivers (213/233) used at least one palliative care service. Case management had the highest frequency of use (59%). Use of palliative care was more frequently associated with the characteristics of affected males, as were some individual palliative care services. Utilization of six individual services differed among Muscular Dystrophy Surveillance Tracking and Research Network sites. While research suggests that pain is a frequent problem in Duchenne and Becker muscular dystrophy, only 12.5% reported use of pain management services. Discussion: Although palliative care use among families of males with Duchenne and Becker muscular dystrophy is high overall, there is much variability in use of individual services. Use of palliative care is driven by disease experience in the affected male. Many of the care recommendations for these individuals highlight the importance for early involvement of palliative care professionals.Centers for Disease Control and Prevention [DD000187, DD000189, DD000190, DD000191]Open access journalThis item from the UA Faculty Publications collection is made available by the University of Arizona with support from the University of Arizona Libraries. If you have questions, please contact us at [email protected]