The Virtues of Abstention: Separation of Powers in Al-Nashiri II

(Excerpt) Part I examines various scholarly approaches to judicial deference, then considers deference in the context of military commissions. In Part II, the history of military commissions in the United States is examined, paying particular attention to the extended dialogue among the coordinate federal branches that created the system currently in operation. The decision in Al-Nashiri II not to adjudicate a collateral attack on one of these commissions is the focus of Part III. That Part embraces the underlying jurisdictional challenge at stake in Al-Nashiri II, the development of abstention doctrine generally and as applied to the current commissions, as well as the role judicial deference played in the panel’s decision. Finally, in Part IV, this Note argues that the path of abstention had many virtues in this case and as a rule of law, because it furthered sound separation of powers principles by respecting the considered judgments of Congress and successive Presidents. Part IV first categorizes the type of deference the panel engaged in by abstaining. Next, it considers the effect the decision will have on future collateral attacks on commission proceedings, as federal courts will now review military commission final judgments, just as Congress and the President intended, rather than intervening indiscriminately. This Note argues that this effect will, in turn, preserve the commission system created by Congress—the branch best suited to weigh the intricate national security considerations involved in prosecuting and bringing to justice those who, in their attempt to thwart our military effort, violate the laws of war

Christian Legal Thought

(Excerpt) On January 26, 2018, the Journal of Catholic Legal Studies proudly hosted a conference on Christian Legal Thought: Materials and Cases a first-of-its-kind casebook authored by Patrick M. Brennan and William S. Brewbaker. Held in Manhattan at the New York Athletic Club, the conference brought together scholars from law schools across the country to discuss the casebook’s impact, as well as the role Christian legal thought might play in the contemporary law school curriculum

Purification and Characterization of Acinetobacter calcoaceticus 4-Hydroxybenzoate 3-Hydroxylase after Its Overexpression in Escherichia coli

4-Hydroxybenzoate 3-hydroxylase [EC 1.14.13.2] from Acinetobacter calcoaceticus was purified to homogeneity following the 40-fold overexpression of this gene (pobA) in Escherichia coli. Overexpression was accomplished by placing the folA gene (encoding trimethoprim-resistant dihydrofolate reductase) directly downstream of the pobA gene, and demanding growth of recombinants on elevated concentration of trimethoprim. Presumably, the surviving variants have undergone a genetic alteration which allowed the overexpression of both folA and pobA. 4-Hydroxybenzoate 3-hydroxylase was purified in two chromatographic steps, characterized biochemically, and its properties were compared to those of its homolog from Pseudomonas fluorescens. The two enzymes differ in their reponse to Cl− ion inhibition. A single ami no acid change in the putative NADPH-binding site is proposed to account for this difference. The inhibitory and catalytic properties of substrate analogs were also examine

The Virtues of Abstention: Separation of Powers in Al-Nashiri II

(Excerpt) Part I examines various scholarly approaches to judicial deference, then considers deference in the context of military commissions. In Part II, the history of military commissions in the United States is examined, paying particular attention to the extended dialogue among the coordinate federal branches that created the system currently in operation. The decision in Al-Nashiri II not to adjudicate a collateral attack on one of these commissions is the focus of Part III. That Part embraces the underlying jurisdictional challenge at stake in Al-Nashiri II, the development of abstention doctrine generally and as applied to the current commissions, as well as the role judicial deference played in the panel’s decision. Finally, in Part IV, this Note argues that the path of abstention had many virtues in this case and as a rule of law, because it furthered sound separation of powers principles by respecting the considered judgments of Congress and successive Presidents. Part IV first categorizes the type of deference the panel engaged in by abstaining. Next, it considers the effect the decision will have on future collateral attacks on commission proceedings, as federal courts will now review military commission final judgments, just as Congress and the President intended, rather than intervening indiscriminately. This Note argues that this effect will, in turn, preserve the commission system created by Congress—the branch best suited to weigh the intricate national security considerations involved in prosecuting and bringing to justice those who, in their attempt to thwart our military effort, violate the laws of war

Christian Legal Thought

(Excerpt) On January 26, 2018, the Journal of Catholic Legal Studies proudly hosted a conference on Christian Legal Thought: Materials and Cases a first-of-its-kind casebook authored by Patrick M. Brennan and William S. Brewbaker. Held in Manhattan at the New York Athletic Club, the conference brought together scholars from law schools across the country to discuss the casebook’s impact, as well as the role Christian legal thought might play in the contemporary law school curriculum

Comparison of fingolimod with interferon beta-1a in relapsing-remitting multiple sclerosis: a randomised extension of the TRANSFORMS study

In a 12-month phase 3 study in patients with relapsing-remitting multiple sclerosis (RRMS), TRANSFORMS, fingolimod showed greater efficacy on relapse rates and MRI outcomes compared with interferon beta-1a. We had two aims in our extension: to compare year 2 with year 1 in the switched patients to assess the effect of a change from interferon beta-1a to fingolimod, and to compare over 24 months the treatment groups as originally randomised to assess the effect of delaying the start of treatment with fingolimod

Oral fingolimod or intramuscular interferon for relapsing multiple sclerosis.

BACKGROUND: Fingolimod (FTY720), a sphingosine-1-phosphate-receptor modulator that prevents lymphocyte egress from lymph nodes, showed clinical efficacy and improvement on imaging in a phase 2 study involving patients with multiple sclerosis. METHODS: In this 12-month, double-blind, double-dummy study, we randomly assigned 1292 patients with relapsing-remitting multiple sclerosis who had a recent history of at least one relapse to receive either oral fingolimod at a daily dose of either 1.25 or 0.5 mg or intramuscular interferon beta-1a (an established therapy for multiple sclerosis) at a weekly dose of 30 microg. The primary end point was the annualized relapse rate. Key secondary end points were the number of new or enlarged lesions on T(2)-weighted magnetic resonance imaging (MRI) scans at 12 months and progression of disability that was sustained for at least 3 months. RESULTS: A total of 1153 patients (89%) completed the study. The annualized relapse rate was significantly lower in both groups receiving fingolimod--0.20 (95% confidence interval [CI], 0.16 to 0.26) in the 1.25-mg group and 0.16 (95% CI, 0.12 to 0.21) in the 0.5-mg group--than in the interferon group (0.33; 95% CI, 0.26 to 0.42; P<0.001 for both comparisons). MRI findings supported the primary results. No significant differences were seen among the study groups with respect to progression of disability. Two fatal infections occurred in the group that received the 1.25-mg dose of fingolimod: disseminated primary varicella zoster and herpes simplex encephalitis. Other adverse events among patients receiving fingolimod were nonfatal herpesvirus infections, bradycardia and atrioventricular block, hypertension, macular edema, skin cancer, and elevated liver-enzyme levels. CONCLUSIONS: This trial showed the superior efficacy of oral fingolimod with respect to relapse rates and MRI outcomes in patients with multiple sclerosis, as compared with intramuscular interferon beta-1a. Longer studies are needed to assess the safety and efficacy of treatment beyond 1 year. (ClinicalTrials.gov number, NCT00340834.