A History of Miranda and Why It Remains Vital Today

Custodial interrogations and how they are conducted in light of Miranda and its progeny are an integral part of the American criminal justice process and a necessary tool for criminal law enforcement, not merely a source of catchy phrases for today\u27s popular television shows, for a very simple reason: The warnings set the ground rules for custodial interrogations and ensure that the interrogator and suspect are on a level playing field. A review of the case law surrounding the Miranda decision reveals that Miranda is a case that has encapsulated the nation\u27s beliefs and, while subject to the ebbs and flows that come with an elastic and accommodating form of government, remains a vital component of the American criminal justice system

Qualitative process evaluation of an Australian alcohol media literacy study: recommendations for designing culturally responsive school-based programs

Background: Alcohol media literacy programs seek to mitigate the potentially harmful effects of alcohol advertising on children\u27s drinking intentions and behaviours through equipping them with skills to challenge media messages. In order for such programs to be effective, the teaching and learning experiences must be tailored to their specific cultural context. Media in the Spotlight is an alcohol media literacy program aimed at 9 to 12 year old Australian children. This study evaluates the process and implementation of the program, outlining the factors that facilitated and inhibited implementation. From this evaluation, a pedagogical framework has been developed for health professionals implementing culturally responsive programs in school settings. Methods: Process measures included: semi-structured interviews with teachers before and after the program was implemented (n = 11 interviews), program evaluation questionnaires completed by children (n = 166), lesson observations completed by teachers (n = 35 observations), and reflective journal entries completed by the researcher (n = 44 entries). A thematic analysis approach was used to analyse all of the data sets using NVivo. Inductive coding was used, whereby the findings were derived from the research objectives and multiple readings and interpretations of the data. Results: Five key pedagogical considerations were identified that facilitated implementation. These were: connecting to the students\u27 life worlds to achieve cultural significance; empowering students with real-world skills to ensure relevance; ensuring programs are well structured with strong connections to the school curriculum; creating developmentally appropriate activities while providing a range of assessment opportunities; and including hands-on and interactive activities to promote student engagement. Three potential inhibitors to implementing the alcohol media literacy program in upper-elementary school classrooms were identified. These included topic sensitivities, classroom management challenges, and fitting new programs into already busy school schedules. Conclusion: Overall, the program content and individual lessons were well received by the teachers and students. The lessons learned from the development, implementation and evaluation of this program can provide health professionals with key pedagogical strategies for designing culturally responsive educational programs. Culturally responsive programs are critical for ensuring interventions are effective for their specific context

Electronic Discovery: Not Your Father\u27s Discovery.

This Article examines recent developments in several areas of electronic discovery. It discusses spoliation, cost shifting, form of production, and recent developments in the case law. Additionally, this Article discusses the Texas Rules of Civil Procedure, revisions to the Federal Rules of Civil Procedure and local rules, as well as recommendations of the American Bar Association (ABA) regarding electronic discovery. In Zubulake v. UBS Warburg LLC, I-VI, Judge Scheindlin of the Southern District of New York, set out her vision for the management of electronic discovery. It is a sobering vision, with clarified responsibilities for counsel. Increasing the role of electronic information will likely result in additional up-front expenses as law offices will need to acquire the ability to facilitate electronic discovery. In today’s litigation, it is important to provide for the discovery of electronic information, which has the potential to reduce the frequency and intensity of discovery disputes concerning electronic information. Some states, including Texas, incorporate procedural rules governing electronic discovery. Both federal and state courts are just now looking at similar additions and modifications to the Federal Rules of Civil Procedure. The interpretation of the new and revised Federal Rules has not yet begun. Even without the revisions to the Federal Rules, however, courts are beginning to fashion constructs to govern electronic discovery. The many new insights in the materials recited herein are likely just the beginning of the efforts of the bar and the courts to gain control over the discovery of the electronic information. Litigation counsel should watch for these developments as they will likely further define procedures for managing the discovery of electronic information

Electronic Discovery: Not Your Father\u27s Discovery.

This Article examines recent developments in several areas of electronic discovery. It discusses spoliation, cost shifting, form of production, and recent developments in the case law. Additionally, this Article discusses the Texas Rules of Civil Procedure, revisions to the Federal Rules of Civil Procedure and local rules, as well as recommendations of the American Bar Association (ABA) regarding electronic discovery. In Zubulake v. UBS Warburg LLC, I-VI, Judge Scheindlin of the Southern District of New York, set out her vision for the management of electronic discovery. It is a sobering vision, with clarified responsibilities for counsel. Increasing the role of electronic information will likely result in additional up-front expenses as law offices will need to acquire the ability to facilitate electronic discovery. In today’s litigation, it is important to provide for the discovery of electronic information, which has the potential to reduce the frequency and intensity of discovery disputes concerning electronic information. Some states, including Texas, incorporate procedural rules governing electronic discovery. Both federal and state courts are just now looking at similar additions and modifications to the Federal Rules of Civil Procedure. The interpretation of the new and revised Federal Rules has not yet begun. Even without the revisions to the Federal Rules, however, courts are beginning to fashion constructs to govern electronic discovery. The many new insights in the materials recited herein are likely just the beginning of the efforts of the bar and the courts to gain control over the discovery of the electronic information. Litigation counsel should watch for these developments as they will likely further define procedures for managing the discovery of electronic information

Cancer Treatment for Dual Eligibles: What Are the Costs and Who Pays?

This study quantifies treatment costs for melanoma and breast, cervical, colorectal, lung, and prostate cancer among patients with dual Medicare and Medicaid eligibility. The analyses use merged Medicare and Medicaid Analytic eXtract enrollment and claims data for dually eligible beneficiaries age18 in Georgia, Illinois, Louisiana, and Maine in 2003 (n=892,001). We applied ordinary least squares regression analysis to estimate annual expenditures attributable to each cancer after controlling for beneficiaries’ age, race/ethnicity, sex, and comorbid conditions, and state fixed effects. Cancers and comorbid conditions were identified on the basis of diagnosis codes on insurance claims. The most prevalent cancers were prostate (38.4 per 1,000 men) and breast (30.7 per 1,000 women). Dual eligibles with the study cancers had higher rates of other chronic conditions such as hypertension and arthritis than other beneficiaries. Total Medicare and Medicaid expenditures for dual eligibles with the study cancers ranged from $30,328 for those with lung cancer to$17,011 for those with breast cancer, compared with $10,664 for beneficiaries without the cancers. However, only 9$256 million ($314 million in 2012 dollars). Dual eligibles with these cancers also had high rates of other medical conditions. These comorbidities should be recognized, both in documenting cancer treatment costs and in developing programs and policies that promote timely cancer diagnosis and treatment

Kinematic classifications of local interacting galaxies: implications for the merger/disk classifications at high-z

The classification of galaxy mergers and isolated disks is key for understanding the relative importance of galaxy interactions and secular evolution during the assembly of galaxies. The kinematic properties of galaxies as traced by emission lines have been used to suggest the existence of a significant population of high-z star-forming galaxies consistent with isolated rotating disks. However, recent studies have cautioned that post-coalescence mergers may also display disk-like kinematics. To further investigate the robustness of merger/disk classifications based on kinematic properties, we carry out a systematic classification of 24 local (U)LIRGs spanning a range of galaxy morphologies: from isolated spiral galaxies, ongoing interacting systems, to fully merged remnants. We artificially redshift the WiFeS observations of these local (U)LIRGs to z=1.5 to make a realistic comparison with observations at high-z, and also to ensure that all galaxies have the same spatial sampling of ~900 pc. Using both kinemetry-based and visual classifications, we find that the reliability of kinematic classification shows a strong trend with the interaction stage of galaxies. Mergers with two nuclei and tidal tails have the most distinct kinematic properties compared to isolated disks, whereas a significant population of the interacting disks and merger remnants are indistinguishable from isolated disks. The high fraction of late-stage mergers showing disk-like kinematics reflects the complexity of the dynamics during galaxy interactions. However, the exact fractions of misidentified disks and mergers depend on the definition of kinematic asymmetries and the classification threshold when using kinemetry-based classifications. Our results suggest that additional indicators such as morphologies traced by stars or molecular gas are required to further constrain the merger/disk classifications at high-z.Comment: 16 pages, 5 figures, ApJ accepte

Trends of and factors associated with live-birth and abortion rates among HIV-positive and HIV-negative women

Little is known about fertility choices and pregnancy outcome rates among HIV-infected women in the current combination ART era

Systems-guided forward genetic screen reveals a critical role of the replication stress response protein ETAA1 in T cell clonal expansion

T-cell immunity requires extremely rapid clonal proliferation of rare, antigen-specific T lymphocytes to form effector cells. Here we identify a critical role for ETAA1 in this process by surveying random germ line mutations in mice using exome sequencing and bioinformatic annotation to prioritize mutations in genes of unknown function with potential effects on the immune system, followed by breeding to homozygosity and testing for immune system phenotypes. Effector CD8+ and CD4+ T-cell formation following immunization, lymphocytic choriomeningitis virus (LCMV) infection, or herpes simplex virus 1 (HSV1) infection was profoundly decreased despite normal immune cell development in adult mice homozygous for two different Etaa1 mutations: an exon 2 skipping allele that deletes Gly78-Leu119, and a Cys166Stop truncating allele that eliminates most of the 877-aa protein. ETAA1 deficiency decreased clonal expansion cell autonomously within the responding T cells, causing no decrease in their division rate but increasing TP53-induced mRNAs and phosphorylation of H2AX, a marker of DNA replication stress induced by the ATM and ATR kinases. Homozygous ETAA1-deficient adult mice were otherwise normal, healthy, and fertile, although slightly smaller, and homozygotes were born at lower frequency than expected, consistent with partial lethality after embryonic day 12. Taken together with recently reported evidence in human cancer cell lines that ETAA1 activates ATR kinase through an exon 2-encoded domain, these findings reveal a surprisingly specific requirement for this ATR activator in adult mice restricted to rapidly dividing effector T cells. This specific requirement may provide new ways to suppress pathological T-cell responses in transplantation or autoimmunity.This work was funded by National Institutes of Health Grant U19-AI100627; by the National Health and Medical Research Council through Program Grants 1016953 and 1113904, Australia Fellowship 585490, Senior Principal Research Fellowship 1081858, and C. J. Martin Early Career Fellowship 585518 (to I.A.P.); and by the National Collaborative Research Infrastructure Strategy

Functional Neuroanatomy of Second Language Sentence Comprehension: An fMRI Study of Late Learners of American Sign Language

The neurobiology of sentence comprehension is well-studied but the properties and characteristics of sentence processing networks remain unclear and highly debated. Sign languages (i.e., visual-manual languages), like spoken languages, have complex grammatical structures and thus can provide valuable insights into the specificity and function of brain regions supporting sentence comprehension. The present study aims to characterize how these well-studied spoken language networks can adapt in adults to be responsive to sign language sentences, which contain combinatorial semantic and syntactic visual-spatial linguistic information. Twenty native English-speaking undergraduates who had completed introductory American Sign Language (ASL) courses viewed videos of the following conditions during fMRI acquisition: signed sentences, signed word lists, English sentences and English word lists. Overall our results indicate that native language (L1) sentence processing resources are responsive to ASL sentence structures in late L2 learners, but that certain L1 sentence processing regions respond differently to L2 ASL sentences, likely due to the nature of their contribution to language comprehension. For example, L1 sentence regions in Broca's area were significantly more responsive to L2 than L1 sentences, supporting the hypothesis that Broca's area contributes to sentence comprehension as a cognitive resource when increased processing is required. Anterior temporal L1 sentence regions were sensitive to L2 ASL sentence structure, but demonstrated no significant differences in activation to L1 than L2, suggesting its contribution to sentence processing is modality-independent. Posterior superior temporal L1 sentence regions also responded to ASL sentence structure but were more activated by English than ASL sentences. An exploratory analysis of the neural correlates of L2 ASL proficiency indicates that ASL proficiency is positively correlated with increased activations in response to ASL sentences in L1 sentence processing regions. Overall these results suggest that well-established fronto-temporal spoken language networks involved in sentence processing exhibit functional plasticity with late L2 ASL exposure, and thus are adaptable to syntactic structures widely different than those in an individual's native language. Our findings also provide valuable insights into the unique contributions of the inferior frontal and superior temporal regions that are frequently implicated in sentence comprehension but whose exact roles remain highly debated