Real Bite: Legal Realism and Meaningful Rational Basis in Dog Law and Beyond

On August 5, 2002, the City of Toledo, Ohio issued a warrant for the arrest ofresident Paul Tellings on the charge of violating the limitation on harboring vicious dogs.1 Both the Toledo ordinance and Ohio state law in effect in 2002 labeled “pitbull” type dogs per se vicious purely based on their visual identification.2 Toledo’sordinance specifically limited citizens to only one “vicious” dog per household.3 During a routine lead-based paint inspection4 in Tellings’s home, the health inspector noted three dogs that looked like pit bulls in the household, reported it to the dog warden,5 and set in motion a legal action that proceeded all the way through the state’s highestcourt, and ended in a denial of certiorari from the United States Supreme Court.

Ultrasound shear wave elastography for liver disease. A critical appraisal of the many actors on the stage

In the last 12\u200a-\u200a18 months nearly all ultrasound manufacturers have arrived to implement ultrasound shear wave elastography modality in their equipment for the assessment of chronic liver disease; the few remaining players are expected to follow in 2016.When all manufacturers rush to a new technology at the same time, it is evident that the clinical demand for this information is of utmost value. Around 1990, there was similar demand for color Doppler ultrasound; high demand for contrast-enhanced ultrasonography was evident at the beginning of this century, and around 2010 demand increased for strain elastography. However, some issues regarding the new shear wave ultrasound technologies must be noted to avoid misuse of the resulting information for clinical decisions. As new articles are expected to appear in 2016 reporting the findings of the new technologies from various companies, we felt that the beginning of this year was the right time to present an appraisal of these issues. We likewise expect that in the meantime EFSUMB will release a new update of the existing guidelines 1 2.The first ultrasound elastography method became available 13 years ago in the form of transient elastography with Fibroscan(\uae) 3. It was the first technique providing non-invasive quantitive information about the stiffness of the liver and hence regarding the amount of fibrosis in chronic liver disease 3. The innovation was enormous, since a non-invasive modality was finally available to provide findings otherwise achievable only by liver biopsy. In fact, prior to ultrasound elastography, a combination of conventional and Doppler ultrasound parameters were utilized to inform the physician about the presence of cirrhosis and portal hypertension 4. However, skilled operators were required, reproducibility and diagnostic accuracy were suboptimal, and it was not possible to differentiate the pre-cirrhotic stages of fibrosis. All these limitations were substantially improved by transient elastography, performed with Fibroscan(\uae), a technology dedicated exclusively to liver elastography. Since then, more than 1300 articles dealing with transient elastography have been listed in PubMed, some describing results with more than 10,000 patients 5. The technique has been tested in nearly all liver disease etiologies, with histology as the reference standard. Meta-analysis of data, available in many etiologies 6, showed good performance and reproducibility as well as some situations limiting reliability 5. Thresholds for the different fibrosis stages (F0 to F4) have been provided by many large-scale studies utilizing histology as the reference standard 7. Transient elastography tracks the velocity of shear waves generated by the gentle hit of a piston on the skin, with the resulting compression wave traveling in the liver along its longitudinal axis. The measurement is made in a 4\u200acm long section of the liver, thus able to average slightly inhomogeneous fibrotic deposition.In 2008 a new modality became available, Acoustic Radiation Force Impulse (ARFI) quantification, and classified by EFSUMB 1 as point shear wave elastography (pSWE), since the speed of the shear wave (perpendicular to the longitudinal axis) is measured in a small region (a "point", few millimeters) at a freely-choosen depth within 8\u200acm from the skin. This technology was the first to be implemented in a conventional ultrasound scanner by Siemens(\uae) 8. Several articles have been published regarding this technology, most with the best reference standards 9, some including findings on more than 1000 hepatitis C patients 10 or reporting meta-analysis of data 11. Although the correlation between Siemens pSWE and transient elastography appeared high 12 13, the calculated thresholds for the different fibrosis stages and the stiffness ranges between the two techniques are not superimposable.Interestingly, pSWE appears to provide greater applicability than transient elastography for measuring both liver 13 and spleen stiffness, which is a new application of elastography 14, of interest for the prediction of the degree of portal hypertension 15 16.Nowadays other companies have started producing equipment with pSWE technology, but only very few articles have been published so far, for instance describing the use of Philips(\uae) equipment, which was the second to provide pSWE. These articles show preliminary good results also in comparison with TE 17 18. Not enough evidence is currently available in the literature about the elastographic performance of the products most recently introduced to the market. Furthermore, with some products the shear wave velocities generated by a single ultrasound acoustic push pulse can be measured in a bidimensional area (a box in the range of 2\u200a-\u200a3\u200acm per side) rather than in a single small point, producing a so-called bidimensional 2D-SWE 1. The stiffness is depicted in color within the area and refreshing of the measurement occurs every 1\u200a-\u200a2 seconds. Once the best image is acquired, the operator chooses a Region Of Interest (ROI) within the color box, where the mean stiffness is then calculated. 2D-SWE can be performed as a "one shot" technique or as a semi-"real-time" technique for a few seconds (at about 1 frame per second) in order to obtain a stable elastogram. With either technique, there should be no motion/breathing during image acquisition. A bidimensional averaged area should overcome the limitation of pSWE to inadvertently investigate small regions of greater or lesser stiffness than average. A shear wave quality indicator could be useful to provide real-time feedback and optimize placement of the sampling ROIs, a technology recently presented by Toshiba(\uae), but which is still awaiting validation in the literature.Supersonic Imagine by Aixplorer(\uae) which works with a different modality of insonation and video analysis compared to the the previously-mentioned three techniques (i.\u200ae., transient elastography, pSWE and 2D-SWE), leading to a bidimensional assessment of liver stiffness in real time up to 5\u200aHz and in larger regions; thus this technique is also termed real-time 2\u200aD SWE. It has been available on the market for a few years 19 20, and many articles have been published showing stiffness values quite similar to those of Fibroscan(\uae) 21; likewise, defined thresholds based on histological findings have appeared in several articles 19 20 21.After this brief summary of the technological state of the art we would like to mention the following critical issues that we believe every user should note prior to providing liver stiffness reports. \ub7 The thresholds obtained from the "oldest" techniques for the various fibrosis stages based on hundreds of patients with histology as reference standard cannot be straightforwardly applied to the new ultrasound elastography techniques, even if based on the same principle (e.\u200ag. pSWE). In fact, the different manufacturers apply proprietary patented calculation modes, which might result in slightly to moderately different values. It should be kept in mind that the range for intermediate fibrosis stages (F1 to F3) is quite narrow, in the order of 2\u200a-\u200a3 kilopascal (over a total range spanning 2 to 75 kPa with Fibroscan), so that slightly different differences in outputs could shift the assessment of patients from one stage to another. Comparative studies using phantoms and healthy volunteers, as well as patients, are eagerly awaited. In fact, the equipment might not produce linear correlations of measurements at different degrees of severity of fibrosis. As a theoretical example, some equipment might well correlate in their values with an older technique, such as transient elastography, at low levels of liver fibrosis, but not as well in cases of more advanced fibrosis or vice versa. Consequentely, when elastography data are included in a report, the equipment utilized for the measurement should be clearly specified, and conclusions about the fibrosis stage should be withheld if an insufficient number of comparative studies with solid reference standards are available for that specific equipment.. \ub7 Future studies using histology as a reference might be biased in comparison to previous studies, since nowadays fewer patients with chronic hepatitis C or hepatitis B undergo biopsy. In fact, due to wide availability of effective drugs as well as the use of established elastography methods for patients with viral hepatitis, most cases submitted to biopsy today have uncertain etiology or inconsistent and inconclusive clinical data. Therefore, extrapolated thresholds from such inhomogeneous populations applied to more ordinary patients with viral hepatitis might become problematic in the future, although no better solution is currently anticipated. This situation might lead to the adoption of a standard validated elastographic method as reference, but this has to be agreed-upon at an international level.. \ub7 Ultrasound elastography embedded in conventional scanners usually allows the choice of where to place the ROI within the color stiffness box and whether to confirm or exclude each single measurement when determining the final value. Thus, the operator has a greater potential to influence the final findings than with Fibroscan\uae, where these choices are not available. This has to be kept in mind to avoid the possibility that an operator could, even inadvertently, tend to confirm an assumption about that specific patient or to confirm the patient's expectations.. \ub7 Quality criteria for the new technologies following transient elastography are absent (depending on the manufacturer) or have not been satisfactorily defined, so that the information potentially inserted in a report cannot currently be judged for its reliability by the clinician.. (ABSTRACT TRUNCATED

Unleashing the Fourteenth Amendment

Do Justice Anthony Kennedy\u27s opinions in the gay rights cases of Romer v. Evans,2 Lawrence v. Texas,3 United States v. Windsor,4 and Obergefell v. Hodges5 have any impact on the future of Fourteenth Amendment jurisprudence beyond rights for gays., lesbians, and transgender persons? We don\u27t know. It is possible these cases will simply remain siloed in their unique legal and cultural niche, but viewing tbem through the lens of 150 years of Fourteenth Amendment jurisprudence suggests they may signaJ a shift in due process and equal protection analysis. This shift couJd open the doors for challenging discriminatory Jaws under a more robust rational basis analysis than that which is generally employed under the traditional tiered-scrutiny structure

A Mere Shadow of a Conflict: Obscuring the Establishment Clause in Kennedy v. Bremerton

In Kennedy v. Bremerton School District, the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres. But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them

Writing the Law: Developing the \u27Citizen Lawyer\u27 Identity through Legislative, Statutory, and Rule Drafting Courses

At the time of the American Founding, Thomas Jefferson, among others, viewed lawyers as the class of citizens most suited to lead the American institutions of government, as well as preserve and protect them. Jefferson valued the ideal of the Citizen Lawyer who would have a broad liberal education, experiential learning, and be capable of using knowledge of the law to promote the public good. In more recent years, American law schools have been criticized for failing to achieve many of these goals first envisioned by Jefferson. Particularly, law schools have often failed to promote strong public service identities in students, failed to provide students with extensive experiential learning, and neglected to provide courses in public policy, legislation, and lawmaking. Today, our nation is once again in need of strong lawyers who can work for the public good, to protect our system of government, preserve the rule of law, and promote the positive reformation of law when needed. Through the teaching of more robust legislative and policy courses that include experiential learning components and consider issues of social justice and public policy, law schools can support the needs of law students and society. Such courses can help law students develop their Citizen Lawyer identity, and our society will be better off for having more lawyers who take their role of public service as a professional duty

Monocrystalline silicon carbide nanoelectromechanical systems

SiC is an extremely promising material for nanoelectromechanical systems given its large Young's modulus and robust surface properties. We have patterned nanometer scale electromechanical resonators from single-crystal 3C-SiC layers grown epitaxially upon Si substrates. A surface nanomachining process is described that involves electron beam lithography followed by dry anisotropic and selective electron cyclotron resonance plasma etching steps. Measurements on a representative family of the resulting devices demonstrate that, for a given geometry, nanometer-scale SiC resonators are capable of yielding substantially higher frequencies than GaAs and Si resonators

GRB Observed by IBIS/PICsIT in the MeV Energy Range

We present the preliminary results of a systematic search for GRB and other transients in the publicly available data for the IBIS/PICsIT (0.2-10 MeV) detector on board INTEGRAL. Lightcurves in 2-8 energy bands with time resolution from 1 to 62.5 ms have been collected and an analysis of spectral and temporal characteristics has been performed. This is the nucleus of a forthcoming first catalog of GRB observed by PICsIT.Comment: 6 pages, 3 figures. Poster presented at COSPAR 2008. Advaces in Space Research, accepted for publicatio

Strategies for Retaining Employees for Call Centers

Voluntary employee turnover has several adverse consequences for call center managers, including lowered productivity and decreased profitability. The purpose of this descriptive multiple case study was to explore strategies used to reduced voluntary employee turnover among 2 call center managers in the southern United States. These managers had been recommended by the human resource directors of the organizations because of their implementation of strategies to reduce voluntary employee turnover. The conceptual framework for this study was Herzberg\u27s motivation-hygiene theory. Data were collected from semistructured face-to-face interviews and employee handbooks. The data analysis consisted of compiling the data, disassembling the data into common codes, reassembling the data into themes, interpreting the meaning, and reporting the themes. The use of member checking and methodological triangulation increased the trustworthiness of the study. Themes that emerged were job satisfaction, employee compensation, opportunity and advancement, reward and recognition, and employee engagement. Recommendations for action include selecting strategies for reducing voluntary employee turnover and using the strategies to improve the commitment of the workers. The findings from this study may contribute to social change by providing strategies that call center managers can use to reduce voluntary employee turnover, thereby positively improving the standard of living for families, and strengthening community wealth and well-being