How one circuit court judge can stop a higher court from establishing a legal precedent

Not all legal cases establish a legal precedent – federal circuit court appeal opinions often go unpublished and thus only apply to the dispute in question. In new research, Morgan L.W. Hazelton, Rachael K. Hinkle, and Jee Seon Jeon find that the decision whether or not to publish such opinions can have an influence on whether a judge issues a dissent from the majority. If the circuit court is substantially different ideologically from a higher court, judges can pre-emptively silence a dissenting opinion by deciding that it will not be published, thus negating the chance that their decision will be reviewed by a higher court

The Long and the Short of It: The Influence of Briefs on Outcomes in the Roberts Court

This Article considers the role of information, affected groups, and persuasion in the connection between justice votes and the content of briefs in the Roberts Court. Hazelton, Hinkle, and Spriggs shed new light on the previously observed finding that the side with the most briefs is more likely to win. The authors find that the true advantage lies in providing the Court with a greater amount of information overall, and that holding total information constant, a greater number of briefs is, surprisingly, a disadvantage

The celebrity entrepreneur on television: profile, politics and power

This article examines the rise of the ‘celebrity entrepreneur’ on television through the emergence of the ‘business entertainment format’ and considers the ways in which regular television exposure can be converted into political influence. Within television studies there has been a preoccupation in recent years with how lifestyle and reality formats work to transform ‘ordinary’ people into celebrities. As a result, the contribution of vocationally skilled business professionals to factual entertainment programming has gone almost unnoticed. This article draws on interviews with key media industry professionals and begins by looking at the construction of entrepreneurs as different types of television personalities and how discourses of work, skill and knowledge function in business shows. It then outlines how entrepreneurs can utilize their newly acquired televisual skills to cultivate a wider media profile and secure various forms of political access and influence. Integral to this is the centrality of public relations and media management agencies in shaping media discourses and developing the individual as a ‘brand identity’ that can be used to endorse a range of products or ideas. This has led to policy makers and politicians attempting to mobilize the media profile of celebrity entrepreneurs to reach out and connect with the public on business and enterprise-related issues

Quantum Kinetic Theory V: Quantum kinetic master equation for mutual interaction of condensate and noncondensate

A detailed quantum kinetic master equation is developed which couples the kinetics of a trapped condensate to the vapor of non-condensed particles. This generalizes previous work which treated the vapor as being undepleted.Comment: RevTeX, 26 pages and 5 eps figure

New method for true-triaxial rock testing

Two new and related true-triaxial apparatus are described that make use of conventional triaxial pressure vessels in combination with specially configured, high-pressure hydraulic jacks inside these vessels. The development combines advantages not found in existing facilities, including a compact design, pore-pressure and flow-through capabilities, the ability to attain high principal stresses and principal stress differences, direct access to parts of the sample, and provisions to go to relatively large deformations without developing serious stress field inhomogeneities

Quantum Kinetic Theory III: Quantum kinetic master equation for strongly condensed trapped systems

We extend quantum kinetic theory to deal with a strongly Bose-condensed atomic vapor in a trap. The method assumes that the majority of the vapor is not condensed, and acts as a bath of heat and atoms for the condensate. The condensate is described by the particle number conserving Bogoliubov method developed by one of the authors. We derive equations which describe the fluctuations of particle number and phase, and the growth of the Bose-Einstein condensate. The equilibrium state of the condensate is a mixture of states with different numbers of particles and quasiparticles. It is not a quantum superposition of states with different numbers of particles---nevertheless, the stationary state exhibits the property of off-diagonal long range order, to the extent that this concept makes sense in a tightly trapped condensate.Comment: 3 figures submitted to Physical Review

International Consortium for Health Outcomes Measurement (ICHOM): Standardized Patient-Centered Outcomes Measurement Set for Heart Failure Patients

Whereas multiple national, international, and trial registries for heart failure have been created, international standards for clinical assessment and outcome measurement do not currently exist. The working group's objective was to facilitate international comparison in heart failure care, using standardized parameters and meaningful patient-centered outcomes for research and quality of care assessments. The International Consortium for Health Outcomes Measurement recruited an international working group of clinical heart failure experts, researchers, and patient representatives to define a standard set of outcomes and risk-adjustment variables. This was designed to document, compare, and ultimately improve patient care outcomes in the heart failure population, with a focus on global feasibility and relevance. The working group employed a Delphi process, patient focus groups, online patient surveys, and multiple systematic publications searches. The process occurred over 10 months, employing 7 international teleconferences. A 17-item set has been established, addressing selected functional, psychosocial, burden of care, and survival outcome domains. These measures were designed to include all patients with heart failure, whether entered at first presentation or subsequent decompensation, excluding cardiogenic shock. Sources include clinician report, administrative data, and validated patient-reported outcome measurement tools: the Kansas City Cardiomyopathy Questionnaire; the Patient Health Questionnaire-2; and the Patient-Reported Outcomes Measurement Information System. Recommended data included those to support risk adjustment and benchmarking across providers and regions. The International Consortium for Health Outcomes Measurement developed a dataset designed to capture, compare, and improve care for heart failure, with feasibility and relevance for patients and clinicians worldwide

Tomato: a crop species amenable to improvement by cellular and molecular methods

Tomato is a crop plant with a relatively small DNA content per haploid genome and a well developed genetics. Plant regeneration from explants and protoplasts is feasable which led to the development of efficient transformation procedures. In view of the current data, the isolation of useful mutants at the cellular level probably will be of limited value in the genetic improvement of tomato. Protoplast fusion may lead to novel combinations of organelle and nuclear DNA (cybrids), whereas this technique also provides a means of introducing genetic information from alien species into tomato. Important developments have come from molecular approaches. Following the construction of an RFLP map, these RFLP markers can be used in tomato to tag quantitative traits bred in from related species. Both RFLP's and transposons are in the process of being used to clone desired genes for which no gene products are known. Cloned genes can be introduced and potentially improve specific properties of tomato especially those controlled by single genes. Recent results suggest that, in principle, phenotypic mutants can be created for cloned and characterized genes and will prove their value in further improving the cultivated tomato.