Stripped of Funds, Stripped of Rights: A Critique of Guardianship as a Remedy for Elder Financial Harm

There is a growing consensus in the United States and abroad recognizing the right to “legal capacity”—the right to make legally binding decisions for oneself—as a basic human right. Despite this recognition, adult guardianship—the state court procedure by which a person is declared incapacitated and stripped of decision-making rights—remains a widely used tool, particularly for older adults who have suffered financial exploitation or loss. For this population, guardianship is considered an unpleasant yet necessary remedy to address their financial harms. But what if the cure does not really work as intended, while other, less intrusive means could prevent and redress elder financial exploitation without stripping older persons of their rights? This Article acknowledges that elder financial exploitation is a significant problem that causes great distress and harm but recognizes that, to date, many responses have been distorted by ageism and a reluctance to allow older adults some “dignity of risk.” Applying lessons from the lived experiences of older adults, the Article takes a clear-eyed look at how guardianship is being asked to solve problems it may not, in fact, be capable of solving. In doing so, the Article challenges the view that elder financial exploitation and loss is an individual problem that is effectively addressed by transferring decision-making rights to a surrogate. Instead, the Article calls for systemic measures to prevent elder financial harm and more robust remedial measures that do not remove a person’s decision-making rights

A Functional Approach to Memory-Safe Operating Systems

Purely functional languages--with static type systems and dynamic memory management using garbage collection--are a known tool for helping programmers to reduce the number of memory errors in programs. By using such languages, we can establish correctness properties relating to memory-safety through our choice of implementation language alone. Unfortunately, the language characteristics that make purely functional languages safe also make them more difficult to apply in a low-level domain like operating systems construction. The low-level features that support the kinds of hardware manipulations required by operating systems are not typically available in memory-safe languages with garbage collection. Those that are provided may have the ability to violate memory- and type-safety, destroying the guarantees that motivate using such languages in the first place. This work demonstrates that it is possible to bridge the gap between the requirements of operating system implementations and the features of purely functional languages without sacrificing type- and memory-safety. In particular, we show that this can be achieved by isolating the potentially unsafe memory operations required by operating systems in an abstraction layer that is well integrated with a purely functional language. The salient features of this abstraction layer are that the operations it exposes are memory-safe and yet sufficiently expressive to support the implementation of realistic operating systems. The abstraction layer enables systems programmers to perform all of the low-level tasks necessary in an OS implementation, such as manipulating an MMU and executing user-level programs, without compromising the static memory-safety guarantees of programming in a purely functional language. A specific contribution of this work is an analysis of memory-safety for the abstraction layer by formalizing a meaning for memory-safety in the presence of virtual-memory using a novel application of noninterference security policies. In addition, we evaluate the expressiveness of the abstraction layer by implementing the L4 microkernel API, which has a flexible set of virtual memory management operations

Lessons learned in promoting evidence-based public health: Perspectives from managers in state public health departments

Evidence-based public health (EBPH) practice, also called evidence-informed public health, can improve population health and reduce disease burden in populations. Organizational structures and processes can facilitate capacity-building for EBPH in public health agencies. This study involved 51 structured interviews with leaders and program managers in 12 state health department chronic disease prevention units to identify factors that facilitate the implementation of EBPH. Verbatim transcripts of the de-identified interviews were consensus coded in NVIVO qualitative software. Content analyses of coded texts were used to identify themes and illustrative quotes. Facilitator themes included leadership support within the chronic disease prevention unit and division, unit processes to enhance information sharing across program areas and recruitment and retention of qualified personnel, training and technical assistance to build skills, and the ability to provide support to external partners. Chronic disease prevention leaders\u27 role modeling of EBPH processes and expectations for staff to justify proposed plans and approaches were key aspects of leadership support. Leaders protected staff time in order to identify and digest evidence to address the common barrier of lack of time for EBPH. Funding uncertainties or budget cuts, lack of political will for EBPH, and staff turnover remained challenges. In conclusion, leadership support is a key facilitator of EBPH capacity building and practice. Section and division leaders in public health agencies with authority and skills can institute management practices to help staff learn and apply EBPH processes and spread EBPH with partners

Brief of Amici Curiae 23 Law Professors in Support of Petitioner

On January 18, the Bet Tzedek Civil Litigation Clinic, co-directed by Professors Rebekah Diller and Leslie Salzman, filed a U.S. Supreme Court amicus brief in support of certiorari in the case of a deaf student who suffered 12 years of isolation and distress because his school refused to provide him with a qualified sign language interpreter (Perez v. Sturgis Public Schools). The clinic filed on behalf of 23 law professors who argued that the Court’s intervention was needed to ensure that disabled students can pursue damage claims when their rights are violated in school settings

Brief of \u3ci\u3eAmici Curiae\u3c/i\u3e on Behalf of Professors in Support of Petitioner

Amici Curiae respectfully urge to reverse the decision of the Sixth Circuit in Perez v. Sturgis Public Schools

How Low Can You Go? The Photoeccentric Effect for Planets of Various Sizes

It is well-known that the light curve of a transiting planet contains information about the planet's orbital period and size relative to the host star. More recently, it has been demonstrated that a tight constraint on an individual planet's eccentricity can sometimes be derived from the light curve via the "photoeccentric effect," the effect of a planet's eccentricity on the shape and duration of its light curve. This has only been studied for large planets and high signal-to-noise scenarios, raising the question of how well it can be measured for smaller planets or low signal-to-noise cases. We explore the limits of the photoeccentric effect over a wide range of planet parameters. The method hinges upon measuring $g$ directly from the light curve, where $g$ is the ratio of the planet's speed (projected on the plane of the sky) during transit to the speed expected for a circular orbit. We find that when the signal-to-noise in the measurement of $g$ is $< 10$, the ability to measure eccentricity with the photoeccentric effect decreases. We develop a "rule of thumb" that for per-point relative photometric uncertainties $\sigma = \{ 10^{-3}, 10^{-4}, 10^{-5} \}$, the critical values of planet-star radius ratio are $R_p / R_\star \approx \{ 0.1, 0.05, 0.03 \}$ for Kepler-like 30-minute integration times. We demonstrate how to predict the best-case uncertainty in eccentricity that can be found with the photoeccentric effect for any light curve. This clears the path to study eccentricities of individual planets of various sizes in the Kepler sample and future transit surveys

The Effects of Acute and Chronic Ethanol Exposure on Presynaptic and Postsynaptic GABAA Receptor Function in Cultured Cortical and Hippocampal Neurons

Decades after ethanol was first described as a GABA mimetic, the precise mechanisms that produce the acute effects of ethanol and the physiological adaptations that underlie ethanol tolerance and dependence remain unclear. While a substantial body of evidence suggests that ethanol acts on GABAergic neurotransmission to enhance inhibition in the CNS, the precise mechanisms underlying the physiological effects of both acute and chronic ethanol exposure are still under investigation. We have used in vitro ethanol exposure followed by recording of miniature inhibitory postsynaptic currents (mIPSCs) to determine whether acute or chronic ethanol exposure directly alters synaptic GABAA receptor function or GABA release in cultured cortical and hippocampal neurons. Acute ethanol exposure slightly increased the duration of mIPSCs in hippocampal neurons but did not alter mIPSC kinetics in cortical neurons. Acute ethanol exposure did not change mIPSC frequency in either hippocampal or cortical neurons. One day of chronic ethanol exposure produced a transient decrease in mIPSC duration in cortical neurons but did not alter mIPSC kinetics in hippocampal neurons. Chronic ethanol exposure did not change mIPSC frequency in either hippocampal or cortical neurons. Chronic ethanol exposure also did not produce substantial cross-tolerance to a benzodiazepine in either hippocampal or cortical neurons. The results suggest that ethanol exposure in vitro has limited effects on synaptic GABAAR function and action-potential independent GABA release in cultured neurons and suggests that ethanol exposure in cultured cortical and hippocampal neurons may not reproduce all of the effects that occur in vivo and in acute brain slices

The Impact of Operation Bushmaster on Medical Student Decision-making in a High-Stress, Operational Environment.

INTRODUCTION: Operation Bushmaster is a high-fidelity military medical field practicum for fourth-year medical students at the Uniformed Services University. During Operation Bushmaster, students treat live-actor and mannequin-based simulated patients in wartime scenarios throughout the five-day practicum. This study explored the impact of participating in Operation Bushmaster on students\u27 decision-making in a high-stress, operational environment, a crucial aspect of their future role as military medical officers. MATERIALS AND METHODS: A panel of emergency medicine physician experts used a modified Delphi technique to develop a rubric to evaluate the participants\u27 decision-making abilities under stress. The participants\u27 decision-making was assessed before and after participating in either Operation Bushmaster (control group) or completing asynchronous coursework (experimental group). A paired-samples t-test was conducted to detect any differences between the means of the participants\u27 pre- and posttest scores. This study was approved by the Institutional Review Board at Uniformed Services University #21-13079. RESULTS: A significant difference was detected in the pre- and posttest scores of students who attended Operation Bushmaster (P \u3c .001), while there was no significant difference in the pre- and posttest scores of students who completed online, asynchronous coursework (P = .554). CONCLUSION: Participating in Operation Bushmaster significantly improved the control group participants\u27 medical decision-making under stress. The results of this study confirm the effectiveness of high-fidelity simulation-based education for teaching decision-making skills to military medical students

Effect of Maternal Exercise on Adverse Cardio-Pulmonary Responses in Offspring Exposed to Post-Natal Chronic Hypoxia

Emerging evidence shows exercise by women throughout pregnancy (i.e., maternal exercise) endows the offspring with positive health benefits and resistance to many diseases later in life. PURPOSE: To determine if maternal exercise reduces unfavorable cardiopulmonary development and improves exercise capacity in offspring after chronic hypoxic exposure throughout early life. METHODS: Female adult C57BL/6J mice were randomly assigned to one of the following groups: high altitude, sedentary (HS), high altitude, active (HE), or the respective, low-altitude conditions (LS or LE). Pregnant females in the exercise groups performed voluntary wheel running during mating and the perinatal period (about 4 weeks). Three days after birth, the pups in the high-altitude groups were exposed to chronic hypobaric hypoxia (450mmHg). When pups were eight weeks old, body size (weight and tail length) was measured and exercise capacity was assessed via a Rotarod test. Terminal procedures were performed to measure right ventricular systolic pressure (RVSP), hematocrit, and heart remodeling (Fulton’s Index: right ventricular weight ratio to bodyweight (RV/BW) and to the left ventricle plus septum (RV/LV+S)). RESULTS: All variables measured had a main effect for altitude (pCONCLUSION: Chronic hypoxia decreases exercise capacity and attenuates growth. This stress also induces potentially harmful cardiovascular changes, such as high blood viscosity, RVSP, and right ventricular hypertrophy. Our results indicate that maternal exercise may attenuate some of the negative effects of chronic hypoxia in the offspring, but does not prevent significant development impairments