Losing the Loss Calculation: Toward a More Just Sentencing Regime in White-Collar Criminal Cases

The sentencing regime that governs white-collar criminal cases requires reform. The U.S. Sentencing Guidelines recommend sentences that are generally too high and place a grossly disproportionate emphasis on the concept of loss -the dollar value of the harm that a court finds a white-collar criminal to have caused. This concept of loss is ill defined, and often artificial to the point of being arbitrary. Moreover, the loss calculation fails to adequately approximate a defendant\u27s culpability, dwarfing traditionally relevant considerations such as the manner in which the defendant committed the crime and the defendant\u27s motive for doing so. Fortunately, the Supreme Court has recently opened the door to systemic reform. In Kimbrough v. United States, the Supreme Court held that-at least in certain circumstances-a sentencing judge may deviate from a Guidelines recommendation based purely on policy disagreement with that guideline. This Note argues that sentencing judges should adopt an aggressive interpretation of the Supreme Court\u27s Kimbrough opinion and exercise their newly rediscovered discretion to deemphasize the loss calculation and restore rationality to the sentencing of white-collar criminals

Shaken Baby Syndrome as Felony Murder in North Carolina

This Article argues that the North Carolina criminal law’s treatment of Shaken Baby Syndrome should be reformed. Rather than leaving in place a legal regime that allows the state to prosecute all Shaken Baby Syndrome cases as first-degree murder, the law should distinguish between accidental and purposeful killings. If the state wishes to punish Shaken Baby Syndrome cases with special severity, the General Assembly should make this policy choice explicit. In making this argument, this Article proceeds in three parts. First, this Article examines how and why North Carolina subjects all Shaken Baby Syndrome deaths to prosecution as first-degree murder. Part I examines the two rules that, when combined, achieve this result: North Carolina’s felony murder rule, and the State’s codification of the crime of felonious child abuse. Second, this Article digs deeper into the felony murder doctrine, arguing that North Carolina’s felony murder rule is indefensible in the Shaken Baby Syndrome context. Finally, this Article’s conclusion suggests reform of the way the North Carolina criminal law treats Shaken Baby Syndrome cases. This Part argues for legislative and judicial reform that would limit North Carolina’s felony murder rule in child abuse cases. If the State wishes killing children to be punished more severely than killing an adult, the General Assembly should make that policy choice explicit. In the absence of such reforms, prosecutors should take it upon themselves to exercise sound discretion. Prosecutors should bring first-degree murder charges only in those Shaken Baby Syndrome cases that involve a defendant who acted with the premeditated design to kill or with knowledge that death would result from his actions

Losing the Loss Calculation: Toward a More Just Sentencing Regime in White-Collar Criminal Cases

The sentencing regime that governs white-collar criminal cases requires reform. The U.S. Sentencing Guidelines recommend sentences that are generally too high and place a grossly disproportionate emphasis on the concept of loss -the dollar value of the harm that a court finds a white-collar criminal to have caused. This concept of loss is ill defined, and often artificial to the point of being arbitrary. Moreover, the loss calculation fails to adequately approximate a defendant\u27s culpability, dwarfing traditionally relevant considerations such as the manner in which the defendant committed the crime and the defendant\u27s motive for doing so. Fortunately, the Supreme Court has recently opened the door to systemic reform. In Kimbrough v. United States, the Supreme Court held that-at least in certain circumstances-a sentencing judge may deviate from a Guidelines recommendation based purely on policy disagreement with that guideline. This Note argues that sentencing judges should adopt an aggressive interpretation of the Supreme Court\u27s Kimbrough opinion and exercise their newly rediscovered discretion to deemphasize the loss calculation and restore rationality to the sentencing of white-collar criminals

Stereocontrolled Synthesis of Amino‐Substituted Carbocycles by Pd‐Catalyzed Alkene Carboamination Reactions

Amino‐substituted alkylidenecyclopentanes were synthesized through a stereoselective intermolecular Pd‐catalyzed alkene carboamination reaction between alkenyl triflates bearing a pendant alkene and exogenous amine nucleophiles. The reactions are effective with a range of different substrate combinations, and proceed with generally high diastereoselectivity. Use of (S)‐tBuPhox as the ligand in reactions of achiral substrates provides enantioenriched products with up to 98.5:1.5 e.r.Adding amines: The palladium‐catalyzed coupling of amines with enol triflates derived from 2‐allylcycloalkanones provides substituted alkylidenecyclopentylamine derivatives in good yield with high levels of stereoselectivity. Achiral substrates are transformed with up to 98.5:1.5 e.r.Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/136662/1/chem201700466_am.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/136662/2/chem201700466.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/136662/3/chem201700466-sup-0001-misc_information.pd

Pd‐Catalyzed C−C, C−N, and C−O Bond‐Forming Difunctionalization Reactions of Alkenes Bearing Tethered Aryl/Alkenyl Triflates

Over the past few years our group has described a new type of alkene difunctionalization reaction in which aryl or alkenyl triflates bearing tethered alkenes are coupled with various nucleophiles to afford carbocyclic products. The products are formed in moderate to good chemical yield, with generally high levels of stereoselectivity. Our progress to date in this area, which includes reactions of amine, alcohol, enolate, and indole nucleophiles, is described in this review.Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/154890/1/ijch201900108_am.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/154890/2/ijch201900108.pd

Chemical Analysis, Antibacterial Activities and Uses of Leaves and Calyces of Hibiscus sabdariffa Grown in Dodoma, Tanzania

Preliminary phytochemical screening of aqueous and ethanolic extracts of Hibiscus sabdariffa grown in Tanzania revealed the presence of secondary metabolites like steroids, tannins, saponins, glycosides, terpenoids, flavonoids along with L-ascorbic acid (vitamin C) and iron(II). Furthermore, both leaves and calyces showed antibacterial activities (agar well diffusion method) against selected bacterial species (Escherichia coli, Staphylococcus aureus, Salmonella typhi and Shigella sonnei), but calyces possessed potent antibacterial activities compared to leaves. The results also supported the claimed traditional uses of this plant. When interrogated during the cross-sectional study in Dodoma region, 54% of the respondents claimed the plant is used to treat anaemia (supposedly as it increases haemoglobin levels), 23% claimed it is used in the preparation of local wine and the remaining respondents stated use in both areas. Furthermore, the intake of H. sabdariffa leaves and calyces on regular basis can boost the immunity system and helps in preventing bacterial and viral infections as the plant is loaded with flavonoids and vitamin C. Thus, the results observed for the plant H. sabdariffa that is grown in Dodoma in small scale for traditional uses, paves a way for consideration of future large scale production of pharmaceutical and neutraceutical products in Tanzania. Keywords: Phytochemical screening, Hibiscus sabdariffa, antibacterial activity, L-ascorbic acid and iron(II

Noise Pollution in Teshie-Nungua Schools

Schools located in the Teshie-Nungua area a suburb of Accra, have their background noise levels above 55 dB, the Environmental Protection Agency (EPA) recommended noise level in educational facility. A maximum noise level (Lmax) value of 95.8 dB and a minimum noise level (Lmin) value of 51.6 dB were recorded. In this paper, a Quest Technologies 210 Model sound level meter equipped with a microphone had been used to measure noise levels in schools around the Teshie-Nungua area. It has been shown that about 90 % of the measured schools presented equivalent noise levels (Leq) above 72.5 dB. Pupils were exposed to a high noise pollution level (LNP) value of 95.8 dB and the day and night noise levels (Ldn) in and around the target schools were all above 72 dB. About 98% of schools in the Teshie-Nungua area do not have acoustic materials to minimize noise levels has been established. It was observed that schools in the study area are located in mixed commercial and semi-commercial areas. Nearly 80 % of survey respondents ranked Constant Traffic as number one source of noise. These measured noise levels have the potential to adversely affect the hearing of the pupils in these schools if the required sound proof mechanism is not put in place. Keywords: Equivalent noise level, Noise level, Noise pollution, Teshie-Nungua

Efficacy of Different Beta-Blockers in the Treatment of Long QT Syndrome

AbstractBackgroundIn LQTS, β-blocker therapy is effective in reducing the risk of cardiac events (syncope, aborted cardiac arrest, sudden cardiac death). Limited studies have compared the efficacy of different β-blockers.ObjectivesThe goal of this study was to compare the efficacy of different β-blockers in long QT syndrome (LQTS) and in genotype-positive patients with LQT1 and LQT2.MethodsThe study included 1,530 patients from the Rochester, New York–based LQTS Registry who were prescribed common β-blockers (atenolol, metoprolol, propranolol, or nadolol). Time-dependent Cox regression analyses were used to compare the efficacy of different β-blockers with the risk of cardiac events in LQTS.ResultsRelative to being off β-blockers, the hazard ratios and 95% confidence intervals (CIs) for first cardiac events for atenolol, metoprolol, propranolol, and nadolol were 0.71 (0.50 to 1.01), 0.70 (0.43 to 1.15) 0.65 (0.46 to 0.90), and 0.51 (0.35 to 0.74), respectively. In LQT1, the risk reduction for first cardiac events was similar among the 4 β-blockers, but in LQT2, nadolol provided the only significant risk reduction (hazard ratio: 0.40 [0.16 to 0.98]). Among patients who had a prior cardiac event while taking β-blockers, efficacy for recurrent events differed by drug (p = 0.004), and propranolol was the least effective compared with the other β-blockers.ConclusionsAlthough the 4 β-blockers are equally effective in reducing the risk of a first cardiac event in LQTS, their efficacy differed by genotype; nadolol was the only β-blocker associated with a significant risk reduction in patients with LQT2. Patients experiencing cardiac events during β-blocker therapy are at high risk for subsequent cardiac events, and propranolol is the least effective drug in this high-risk group

Ethics of sham surgery: Perspective of patients

Sham surgery is used as a control condition in neurosurgical clinical trials in Parkinson's disease (PD) but remains controversial. This study aimed to assess the perspective of patients with PD and the general public on the use of sham surgery controls. We surveyed consecutive patients from a university-based neurology outpatient clinic and a community-based general internal medicine practice. Background information was provided regarding PD and two possible methods of testing the efficacy of a novel gene transfer procedure, followed by questions that addressed participants' opinions related to the willingness to participate and permissibility of blinded and unblinded trial designs. Two hundred eighty-eight (57.6%) patients returned surveys. Patients with PD expressed less willingness to participate in the proposed gene transfer surgery trials. Unblinded studies received greater support, but a majority would still allow the use of sham surgery. Those in favor of sham surgery were more educated and more likely to use societal perspective rationales. Patients with PD are more cautious about surgical research participation than patients with non-PD. Their policy views were similar to others', with a majority supporting the use of sham controls. Future research needs to determine whether eliciting more considered judgments of laypersons would reveal different levels of support for sham surgery. © 2007 Movement Disorder SocietyPeer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/57916/1/21775_ftp.pd