The T-Rex Without Teeth: Evolving Strickland v. Washington and the Test for Ineffective Assistance of Counsel

In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact--a legal tyrannosaurus rex without teeth. In the last decade, by using American Bar Association (“ABA”) standards to evaluate counsel\u27s performance, the Court has given the T-Rex some sizable incisors. The purposes of this article are to: (1) determine how frequently the United States Supreme Court uses ABA standards in its decisions and describe briefly for what purposes the Court uses those standards; (2) describe in some detail the decision of Strickland v. Washington and its test for determining whether counsel was ineffective; (3) describe the decisions of Williams v. Taylor, [FN4] Wiggins v. Smith, [FN5] and Rompilla v Beard, [FN6] and their implications on the test formulated in Strickland as to how the ABA standards relate to defense counsel\u27s duty to investigate; (4) report on the ABA\u27s efforts to discover and describe the causes of ineffective assistance; and (5) suggest changes that tighten the Strickland test, giving it more traction as a guide for the courts in measuring counsel\u27s performance

Factor XII Activation Promotes Platelet Consumption in the Presence of Bacterial-Type Long-Chain Polyphosphate In Vitro and In Vivo

Objective- Terminal complications of bacterial sepsis include development of disseminated intravascular consumptive coagulopathy. Bacterial constituents, including long-chain polyphosphates (polyP), have been shown to activate the contact pathway of coagulation in plasma. Recent work shows that activation of the contact pathway in flowing whole blood promotes thrombin generation and platelet activation and consumption distal to thrombus formation ex vivo and in vivo. Here, we sought to determine whether presence of long-chain polyP or bacteria in the bloodstream promotes platelet activation and consumption in a coagulation factor (F)XII-dependent manner. Approach and Results- Long-chain polyP promoted platelet P-selectin expression, microaggregate formation, and platelet consumption in flowing whole blood in a contact activation pathway-dependent manner. Moreover, long-chain polyP promoted local fibrin formation on collagen under shear flow in a FXI-dependent manner. Distal to the site of thrombus formation, platelet consumption was dramatically enhanced in the presence of long-chain polyP in the blood flow in a FXI- and FXII-dependent manner. In a murine model, long-chain polyP promoted platelet deposition and fibrin generation in lungs in a FXII-dependent manner. In a nonhuman primate model of bacterial sepsis, pre-treatment of animals with an antibody blocking FXI activation by FXIIa reduced lethal dose100 Staphylococcus aureus-induced platelet and fibrinogen consumption. Conclusions- This study demonstrates that bacterial-type long-chain polyP promotes platelet activation in a FXII-dependent manner in flowing blood, which may contribute to sepsis-associated thrombotic processes, consumptive coagulopathy, and thrombocytopenia

"A Riotous Spray of Words": Rethinking the Medieval Theory of Satire

This article offers a reconsideration of the theory of satire found in medieval exegesis. While acknowledging the importance of recent scholarship on the subject, such as the studies by Paul Miller and Udo Kindermann, it also seeks to develop the findings of this criticism further. Particular attention is paid to commentaries that offer more unusual remarks on classical satire. It is argued that these observations constitute a second tendency in the medieval response to satire, which identifies more scurrilous and disruptive potential in the genre