“Statistical Judo”: The Rhetoric of Senate Inaction in the Judicial Appointment Process

This article first briefly summarizes the issues that arise in the lower-court judicial confirmation process, and examines how the issues differ from those that arise during the confirmation of Supreme Court justices. The article considers constitutionally-based differences as well as practical differences in Senate and Executive behavior that have developed during more than two centuries of judicial confirmations. The body of the article offers a chronological history and critique of the rhetoric of both Republican and Democratic senators in discussing lower-court confirmations during the 107th Congress. This congressional session, spanning the years 2001 to 2002, was a particularly interesting one for examining the lower-court nominations process. Much the rhetoric of the 107th Congress relies upon comparisons of then-current nomination success rates to earlier judicial confirmation rates from the Carter, Reagan, Bush I, and Clinton presidencies. Thus, by carefully analyzing the claims of senators concerning judicial appointments during the first Congressional term of Bush II’s presidency, the article is able to survey more than twenty years of Senate behavior with respect to lower-court confirmations. In doing so, the article identifies a number of “confirmation process fallacies” that senators have repeatedly relied upon in their efforts to score political points on confirmation issues. It also explains some “confirmation process relevancies” in hopes that future debates can be grounded in important considerations rather than trivial and irrelevant ones. Because the lower-court “confirmation mess” is sure to return to prominence in the Democrat-controlled Senate that will be constituted in early 2007, and following the 2008 presidential elections and beyond, the author hopes that the article will help establish a baseline for arguments about delays in the confirmation process, particularly when the White House and Senate are held by different political parties. Finally, the article offers some brief thoughts on which procedural aspects of the current judicial confirmation process likely contribute most to the problem of delay, and whether anything can, or even should, be done to modify those procedures

THE LAWYER DOTH PROTEST TOO MUCH, METHINKS: RECONSIDERING THE CONTEMPORANEOUS OBJECTION REQUIREMENT IN DEPOSITIONS

The time has come to eliminate the contemporaneous objection requirement for depositions. From the original 1938 framing of the Federal Rules of Civil Procedure (Rules) to the present, no one has recognized that the theory behind the contemporaneous objection rule in depositions, as drawn from pre-Rules equity practice, does not match the function of depositions in our post-Rules system of open discovery. Pre-Rules depositions in the federal courts were exclusively testimony-preservation devices, and never discovery tools. The common law and statutory procedural rules for pre-Rules depositions, including the contemporaneous objection rule, reflected this use . But when the original Federal Rules of Civil Procedure converted depositions into primarily fact-discovery devices, the older procedural rules were incorporated into the new Rules, nearly wholesale, and without consideration—and there they remain. In the last ten years, perceived problems with deposition practice have resulted in a number of modifications to the discovery rules, as well as other proposals to curb aggressive use of objections in depositions. Before 1993, in the federal civil system, the Rules did not specify the manner in which deposition objections were to be made, which led to a chorus of commentators decrying the prevalence of “speaking” and “coaching” objections. Revisions in 1993 to the Federal Rules of Civil Procedure for the first time required deposition objections to be made “concisely and in a non-argumentative and non-suggestive manner.” In 1999, the Texas state courts went so far as to limit all objections to deposition questions to two words, either “Objection, leading” or “Objection, form.” However, all of these modifications and proposals share the pathology of the original Rules: they fail to recognize the theoretical disconnect between antiquated testimony-preservation-focused procedural rules and the now-primary use of depositions as fact-discovery devices. Thus, the proposals have focused on “discovery abuse,” rather than addressing the real problem, which is a fundamental misconception of the proper, less-adversarial role of attorneys in depositions. Rather than issue prescriptions that treat the symptoms, surgical elimination of the contemporaneous objection rule will address the disease, and finally bring deposition practice into line with the theory of open discovery upon which its modern incarnation is based

Magnetic ordering of Mn sublattice, dense Kondo lattice behavior of Ce in (RPd3)8Mn (R = La, Ce)

We have synthesized two new interstitial compounds (RPd3)8Mn (R = La and Ce). The Mn ions present in "dilute" concentration of just 3 molar percent form a sublattice with an unusually large Mn-Mn near neighbor distance of ~ 85 nm. While the existence of (RPd3)8M (where M is a p-block element) is already documented in the literature, the present work reports for the first time the formation of this phase with M being a 3d element. In (LaPd3)8Mn, the Mn sub-lattice orders antiferromagnetically as inferred from the peaks in low-field magnetization at 48 K and 23 K. The latter peak progressively shifts towards lower temperatures in increasing magnetic field and disappears below 1.8 K in a field of ~ 8 kOe. On the other hand in (CePd3)8Mn the Mn sublattice undergoes a ferromagnetic transition around 35 K. The Ce ions form a dense Kondo-lattice and are in a paramagnetic state at least down to 1.5 K. A strongly correlated electronic ground state arising from Kondo effect is inferred from the large extrapolated value of C/T = 275 mJ/Ce-mol K^2 at T = 0 K. In contrast, the interstitial alloys RPd3Mnx (x = 0.03 and 0.06), also synthesized for the first time, have a spin glass ground state due to the random distribution of the Mn ions over the available "1b" sites in the parent RPd3 crystal lattice.Comment: 18 figures and 20 pages of text documen

A general T-matrix approach applied to two-body and three-body problems in cold atomic gases

We propose a systematic T-matrix approach to solve few-body problems with s-wave contact interactions in ultracold atomic gases. The problem is generally reduced to a matrix equation expanded by a set of orthogonal molecular states, describing external center-of-mass motions of pairs of interacting particles; while each matrix element is guaranteed to be finite by a proper renormalization for internal relative motions. This approach is able to incorporate various scattering problems and the calculations of related physical quantities in a single framework, and also provides a physically transparent way to understand the mechanism of resonance scattering. For applications, we study two-body effective scattering in 2D-3D mixed dimensions, where the resonance position and width are determined with high precision from only a few number of matrix elements. We also study three fermions in a (rotating) harmonic trap, where exotic scattering properties in terms of mass ratios and angular momenta are uniquely identified in the framework of T-matrix.Comment: 14 pages, 4 figure

Lack of Renal 11 Beta-Hydroxysteroid Dehydrogenase Type 2 at Birth, a Targeted Temporal Window for Neonatal Glucocorticoid Action in Human and Mice

International audienceBackground Glucocorticoid hormones play a major role in fetal organ maturation. Yet, excessive glucocorticoid exposure in utero can result in a variety of detrimental effects, such as growth retardation and increased susceptibility to the development of hypertension. To protect the fetus, maternal glucocorticoids are metabolized into inactive compounds by placental 11beta-hydroxysteroid dehydrogenase type2 (11βHSD2). This enzyme is also expressed in the kidney, where it prevents illicit occupation of the mineralocorticoid receptor by glucocorticoids. We investigated the role of renal 11βHSD2 in the control of neonatal glucocorticoid metabolism in the human and mouse. Methods Cortisol (F) and cortisone (E) concentrations were measured in maternal plasma, umbilical cord blood and human newborn urine using HPLC. 11βHSD2 activity was indirectly assessed by comparing the F/E ratio between maternal and neonatal plasma (placental activity) and between plasma and urine in newborns (renal activity). Direct measurement of renal 11βHSD2 activity was subsequently evaluated in mice at various developmental stages. Renal 11βHSD2 mRNA and protein expression were analyzed by quantitative RT-PCR and immunohistochemistry during the perinatal period in both species. Results We demonstrate that, at variance with placental 11βHSD2 activity, renal 11βHSD2 activity is weak in newborn human and mouse and correlates with low renal mRNA levels and absence of detectable 11βHSD2 protein. Conclusions We provide evidence for a weak or absent expression of neonatal renal 11βHSD2 that is conserved among species. This temporal and tissue-specific 11βHSD2 expression could represent a physiological window for glucocorticoid action yet may constitute an important predictive factor for adverse outcomes of glucocorticoid excess through fetal programming

New aspects in the pathogenesis, prevention, and treatment of hyponatremic encephalopathy in children

Hyponatremia is the most common electrolyte abnormality encountered in children. In the past decade, new advances have been made in understanding the pathogenesis of hyponatremic encephalopathy and in its prevention and treatment. Recent data have determined that hyponatremia is a more serious condition than previously believed. It is a major comorbidity factor for a variety of illnesses, and subtle neurological findings are common. It has now become apparent that the majority of hospital-acquired hyponatremia in children is iatrogenic and due in large part to the administration of hypotonic fluids to patients with elevated arginine vasopressin levels. Recent prospective studies have demonstrated that administration of 0.9% sodium chloride in maintenance fluids can prevent the development of hyponatremia. Risk factors, such as hypoxia and central nervous system (CNS) involvement, have been identified for the development of hyponatremic encephalopathy, which can lead to neurologic injury at mildly hyponatremic values. It has also become apparent that both children and adult patients are dying from symptomatic hyponatremia due to inadequate therapy. We have proposed the use of intermittent intravenous bolus therapy with 3% sodium chloride, 2 cc/kg with a maximum of 100 cc, to rapidly reverse CNS symptoms and at the same time avoid the possibility of overcorrection of hyponatremia. In this review, we discuss how to recognize patients at risk for inadvertent overcorrection of hyponatremia and what measures should taken to prevent this, including the judicious use of 1-desamino-8d-arginine vasopressin (dDAVP)

Measurements of fiducial and differential cross sections for Higgs boson production in the diphoton decay channel at s√=8 TeV with ATLAS

Measurements of fiducial and differential cross sections are presented for Higgs boson production in proton-proton collisions at a centre-of-mass energy of s√=8 TeV. The analysis is performed in the H → γγ decay channel using 20.3 fb−1 of data recorded by the ATLAS experiment at the CERN Large Hadron Collider. The signal is extracted using a fit to the diphoton invariant mass spectrum assuming that the width of the resonance is much smaller than the experimental resolution. The signal yields are corrected for the effects of detector inefficiency and resolution. The pp → H → γγ fiducial cross section is measured to be 43.2 ±9.4(stat.) − 2.9 + 3.2 (syst.) ±1.2(lumi)fb for a Higgs boson of mass 125.4GeV decaying to two isolated photons that have transverse momentum greater than 35% and 25% of the diphoton invariant mass and each with absolute pseudorapidity less than 2.37. Four additional fiducial cross sections and two cross-section limits are presented in phase space regions that test the theoretical modelling of different Higgs boson production mechanisms, or are sensitive to physics beyond the Standard Model. Differential cross sections are also presented, as a function of variables related to the diphoton kinematics and the jet activity produced in the Higgs boson events. The observed spectra are statistically limited but broadly in line with the theoretical expectations

Measurement of χ c1 and χ c2 production with s√ = 7 TeV pp collisions at ATLAS

The prompt and non-prompt production cross-sections for the χ c1 and χ c2 charmonium states are measured in pp collisions at s√ = 7 TeV with the ATLAS detector at the LHC using 4.5 fb−1 of integrated luminosity. The χ c states are reconstructed through the radiative decay χ c → J/ψγ (with J/ψ → μ + μ −) where photons are reconstructed from γ → e + e − conversions. The production rate of the χ c2 state relative to the χ c1 state is measured for prompt and non-prompt χ c as a function of J/ψ transverse momentum. The prompt χ c cross-sections are combined with existing measurements of prompt J/ψ production to derive the fraction of prompt J/ψ produced in feed-down from χ c decays. The fractions of χ c1 and χ c2 produced in b-hadron decays are also measured

Evidence for the Higgs-boson Yukawa coupling to tau leptons with the ATLAS detector

Results of a search for H → τ τ decays are presented, based on the full set of proton-proton collision data recorded by the ATLAS experiment at the LHC during 2011 and 2012. The data correspond to integrated luminosities of 4.5 fb−1 and 20.3 fb−1 at centre-of-mass energies of √s = 7 TeV and √s = 8 TeV respectively. All combinations of leptonic (τ → `νν¯ with ` = e, µ) and hadronic (τ → hadrons ν) tau decays are considered. An excess of events over the expected background from other Standard Model processes is found with an observed (expected) significance of 4.5 (3.4) standard deviations. This excess provides evidence for the direct coupling of the recently discovered Higgs boson to fermions. The measured signal strength, normalised to the Standard Model expectation, of µ = 1.43 +0.43 −0.37 is consistent with the predicted Yukawa coupling strength in the Standard Model