The Case against Improper Motive and Civil Immunity of Police

William Whirl was arrested on suspicion of felony-theft in September 1962 an booked in the Harris County, Texas jail. He was indicted by the Grand Jury on two felony counts. On November 9, 1962, the District Attorney of Harris County moved by nolle prosequi to dismiss the indictment on the basis that the prosecution had insufficient evidence on which to obtain and sustain a conviction. The court approved the dismissal of the indictment against Whirl and an order of dismissal was dispatched to the jail. For some unknown reason, the jailer never received notice of the dismissal, and Whirl was forced to extend his stay in Sheriff Kerns’s hostelry for an additional eight plus months. Upon his release, Whirl brought an action against the Sheriff of Harris County, C.V. (Buster) Kern, claiming Code, section 1983, and for false imprisonment under Texas law. The Federal District Court for the Southern District of Texas, found for defendant Kern and on appeal the Fifth Circuit reversed in favor of plaintiff Whirl. The Fifth Circuit’s reversal was based on their conclusion that a cognizable claim under section 1983 only need show that defendant acted under color of law and that as a result, the plaintiff was deprived of his civil rights. The court heard but refuted defendant’s claim that to recover, plaintiff must show that defendant’s act was improperly motivated. Sheriff Kern’s claim that plaintiff’s continued detention was privileged by good faith was not considered an adequate defense, as common law tort principles of false imprisonment do not recognize an unlawful detention as privileged even where good faith is evidenced. Whirl v. Kern, 407 F.2d 781 (5th Cir. 1969). The purpose of this Comment is: (1) to discuss the significance of improper motive or reprehensible conduct as applied to section 1983 and the exclusion of improper motive from the substantive law; (2) to examine the defenses under section 1983 applicable to false arrest and false imprisonment; (3) to survey some of the policy reasons behind the extension and limitation of civil liability of police

Simultaneous calculation of the helical pitch and the twist elastic constant in chiral liquid crystals from intermolecular torques

We present a molecular simulation method that yields simultaneously the equilibrium pitch wave number q and the twist elastic constant K2 of a chiral nematic liquid crystal by sampling the torque density. A simulation of an untwisted system in periodic boundary conditions gives the product K2q; a further simulation with a uniform twist applied provides enough information to separately determine the two factors. We test our new method for a model potential, comparing the results with K2q from a thermodynamic integration route, and with K2 from an order fluctuation analysis. We also present a thermodynamic perturbation theory analysis valid in the limit of weak chirality

Effects of the private-label invasion in food industries

Using supermarket scanner data, we test a variety of hypotheses from trade journals about the invasion of private-label food products. According to conventional industry wisdom, name-brand firms defended their brands against new private-label products by lowering their prices, engaging in additional promotional activities, and increasingly differentiating their products. Our empirical evidence is inconsistent with these beliefs.private label; entry; price; promotional activity; differentiation; supermarket

If There’s TPACK, Is There Technological Pedagogical Reasoning and Action?

Substantial evidence from research done with both preservice and inservice teachers demonstrates that the nature of teachers\u27 knowledge is expanded and changed when educational technologies are incorporated effectively into teaching. If teachers infuse use of digital tools and resources in their praxis — that is, if they use them to access and comprehend content and teaching materials, to facilitate students\u27 learning, and/or to reflect upon their teaching and their students\u27 learning — does this use of digital technologies also change the fundamental nature of their educational planning and decision-making? Several researchers have asserted that it does. In this critical literature review, we consider these claims in light of the original conceptions of Shulman\u27s (1987a) knowledge base for teaching, which includes pedagogical content knowledge (PCK); of technological pedagogical content knowledge (TPCK/TPACK); and of Shulman\u27s model of pedagogical reasoning and action. This analysis leads to recommendations for a new direction in future TPCK/TPACK research.https://scholarworks.wm.edu/educationbookchapters/1041/thumbnail.jp

PCK and TPCK/TPACK: More Than Etiology

In this review of multiple reinterpretations of TPCK/TPACK that have emerged over time, we trace the construct’s roots not only to PCK, but more importantly to Shulman’s (1987) knowledge base for teaching, within which PCK was originally situated. We suggest that TPACK is a special case of PCK that sits within the considerably broader knowledge base for teaching, basing this assertion upon Cox’s (2008) explanation of the differences between teachers’ PCK and TPACK. Following Cox, we argue that TPACK references only the specific nature of a teacher’s PCK when unfamiliar digital tools are considered and implemented for educational purposes. We recommend that TPACK researchers distinguish among the different categories of teachers’ knowledge, reasoning, and action more clearly, bounding TPACK more narrowly in ways that mirror how Shulman delineated PCK with reference to the six other components comprising his knowledge base for teaching.https://scholarworks.wm.edu/educationbookchapters/1043/thumbnail.jp

Recent Developments in the Law of the Seas: A Synopsis

This Synopsis is an attempt to summarize legally significant events relevant to the law of the seas on a continuing yearly basis. This initial effort encompasses significant state, national, and international events which occurred between July 1, 1969, and March 15, 1970, indexed chronologically within each topic heading. The selection of the included events is arbitrary, due to the incompleteness of available resource materials and the lack of any established indices of significance. Of the numerous resources utilized, primary reliance was placed on the New York Times, the United States Code Congressional and Administrative News and the West Publishing Company\u27s National Reporter System advance sheets

Off-farm Income and Investments in Farm Assets: A Double Hurdle Approach

The farm household structure is a complex set of inter-relationships between and among a variety of internal and external factors involving consumption, investment, and income-earning activities. In this paper we use ARMS data to explore the contribution of off-farm income to the viability of the farm business. We focus on the link between off-farm income and farm investment and whether off-farm income drives on-farm investment. The results indicate the importance of farm characteristics such as type, size, and location on the probability of investment but lead us to reject the hypothesis that off farm income is driving farm investment. Further research will be needed to further unweave some of the complex relationships involved in the farm household structure. Keywords: Farm investments, off-farm income, double hurdleOff-farm income, farm investment, double hurdle, Agricultural Finance, Financial Economics, D1, J2, Q12,

Determinants of Farm Household Income Diversification in the United States: Evidence from Farm-Level Data

This study examines the determinants of income diversification of farm households in the United States. Farm households allocate their time between farm and off-farm activities to help stabilized household income (consumption). What characterizes those households who engage in off-farm activities? Is there any pattern over time? Using 1999, 2003 and 2007 farm-level data from the USDA’s Agricultural Resource Management Survey (ARMS), this study estimates intensity of off-farm income (or income diversification). The results show that older operators, full owners, and small farms have higher intensity of off-farm income in total household income. In contrast, dairy farms, vertically coordinated farms and farms located in the Southern and Pacific regions have lower intensity of off-farm income. In other words, household incomes of these farms are less likely to be diversified.Tobit, income diversification, vertical integration, tenure, farm households, Agricultural Finance, Consumer/Household Economics, D1, J2, Q12,

Family Outbreaks of Nontyphoidal Salmonellosis following a Meal of Guinea Pigs

Salmonella outbreaks have been linked to a wide variety of foods, including recent nationwide outbreaks. Guinea pig (Cavia porcellus), also known as cuy or cobayo, has long been a popular delicacy and ceremonial food in the Andean region in South America. This case report describes three family outbreaks of nontyphoidal salmonellosis, each occurring after a meal of guinea pigs. We believe this case report is the first to describe a probable association between the consumption of guinea pig meat and human salmonellosis. Physicians should be aware of the association of Salmonella and the consumption of guinea pigs, given the increasing immigration of people from the Andean region of South America and the increasing travel to this region

Association of urinary uromodulin with kidney function decline and mortality: the health ABC study .

BackgroundUrine uromodulin (uUMOD) is a protein secreted by the kidney tubule. Recent studies have suggested that higher uUMOD may be associated with improved kidney and mortality outcomes.MethodsUsing a case-cohort design, we evaluated the association between baseline uUMOD levels and ≥ 30% estimated glomerular filtration rate (eGFR) decline, incident chronic kidney disease (CKD), rapid kidney function decline, and mortality using standard and modified Cox proportional hazards regression.ResultsThe median value of uUMOD was 25.8 µg/mL, mean age of participants was 74 years, 48% were women, and 39% were black. Persons with higher uUMOD had lower prevalence of diabetes and coronary artery disease (CAD), and had lower systolic blood pressure. Persons with higher uUMOD also had higher eGFR, lower urinary albumin to creatinine ratio (ACR), and lower C-reactive protein (CRP). There was no association of uUMOD with > 30% eGFR decline. In comparison to those in the lowest quartile of uUMOD, those in the highest quartile had a significantly (53%) lower risk of incident CKD (CI 73%, 18%) and a 51% lower risk of rapid kidney function decline (CI 76%, 1%) after multivariable adjustment. Higher uUMOD was associated with lower risk of mortality in demographic adjusted models, but not after multivariable adjustment.ConclusionHigher levels of uUMOD are associated with lower risk of incident CKD and rapid kidney function decline. Additional studies are needed in the general population and in persons with advanced CKD to confirm these findings.