Statistical Proof of Racial Discrimination in the Use of Peremptory Challenges: The Impact and Promise of the Miller-El Line of Cases As Reflected in the Experience of One Philadelphia Capital Case

The jurisprudence that has developed in the last twenty-five years under Batson v. Kentucky may be fairly described as indeterminate, unprincipled, and generally ineffective. Scholarly literature points to a variety of reasons for this state of affairs. This Article focuses on one source of the problem— the lack of clarity in the law concerning the evidentiary framework (methodology) needed for a reliable analysis of statistical evidence in Batson cases. United States Supreme Court decisions beginning with Miller-El v. Cockrell (2003) and continuing through Miller-El v. Dretke (2005), Johnson v. California (2005), and Snyder v. Louisiana (2008) clarified a number of issues related to the use of statistical evidence and laid the foundation for the development of a more rigorous and principled methodology for use in Batson cases. In that regard, this line of cases may be usefully compared to the Supreme Court’s Title VII decisions in the 1970s, which laid the foundation for the development of an exhaustive body of evidentiary and methodological law that informs the use of statistical evidence in employment cases. In this Article, we first consider the issues, rulings, and likely impact of the Miller-El line of cases. We then discuss research developed in connection with a recent capital case with complicated Batson issues to both illustrate and build on that foundation in an effort to provide useful guidance for future policymakers and litigants. In the next part, Part II, we provide background information on Batson and the evidentiary issues this paper seeks to address. Part III then introduces the Supreme Court cases that form the centerpiece of our analysis and considers, again, the contribution these cases make to the appropriate use of statistical analysis in Batson claims. This part presents a preliminary evaluation of how some courts have applied the Supreme Court’s guidance in these areas. Part IV focuses on the case of Commonwealth v. Harold Wilson, a capital case from Pennsylvania in which the defendant successfully litigated a complex Batson claim using statistical evidence. The evidence presented in this case can serve as a model of how to present statistical evidence of discrimination in jury selection. The conclusion appears in Part V

Effects of a high protein, whey protein concentrate and spray-dried animal plasma on growth performance of weanling pigs

A 35-d experiment was conducted to compare the effects of increasing spray-dried animal plasma and a high protein whey concentrate (73% CP) on starter pig performance. Spray-dried animal plasma and whey protein concentrate replaced dried skin1 milk on an equal lysine basis. Pigs fed increasing spray-dried animal plasma protein had increased ADG and ADFI from d 0 to 7 after weaning, but not for any other period in the study. Increasing whey protein concentrate had no effect on growth perforn1ance in relation to the pigs fed dried skim milk.; Swine Day, Manhattan, KS, November 20, 199

Effects of different zinc oxide sources on weanling pig growth performance

A total of 192 pigs (initially 13.61b and 18 d of age) were used in a 27-d growth assay to determine the effects of different ZnO sources on weanling pig growth performance. The four experimental treatments consisted of a control diet or three diets containing Zn from ZnO from one of three different sources. For the entire trial, no differences occurred in growth performance of pigs fed the different ZnO sources; however, all sources increased ADG and ADFI compared to pigs fed the control diet. Economics and ingredient availability should dictate which ZnO source to use in weanling pig diets to promote growth.; Swine Day, Manhattan, KS, November 18, 199

Genetic structure along an elevational gradient in Hawaiian honeycreepers reveals contrasting evolutionary responses to avian malaria

<p>Abstract</p> <p>Background</p> <p>The Hawaiian honeycreepers (Drepanidinae) are one of the best-known examples of an adaptive radiation, but their persistence today is threatened by the introduction of exotic pathogens and their vector, the mosquito <it>Culex quinquefasciatus</it>. Historically, species such as the amakihi (<it>Hemignathus virens</it>), the apapane (<it>Himatione sanguinea</it>), and the iiwi (<it>Vestiaria coccinea</it>) were found from the coastal lowlands to the high elevation forests, but by the late 1800's they had become extremely rare in habitats below 900 m. Recently, however, populations of amakihi and apapane have been observed in low elevation habitats. We used twelve polymorphic microsatellite loci to investigate patterns of genetic structure, and to infer responses of these species to introduced avian malaria along an elevational gradient on the eastern flanks of Mauna Loa and Kilauea volcanoes on the island of Hawaii.</p> <p>Results</p> <p>Our results indicate that amakihi have genetically distinct, spatially structured populations that correspond with altitude. We detected very few apapane and no iiwi in low-elevation habitats, and genetic results reveal only minimal differentiation between populations at different altitudes in either of these species.</p> <p>Conclusion</p> <p>Our results suggest that amakihi populations in low elevation habitats have not been recolonized by individuals from mid or high elevation refuges. After generations of strong selection for pathogen resistance, these populations have rebounded and amakihi have become common in regions in which they were previously rare or absent.</p

Effects of distillers dried grains with solubles and added fat fed immediately before slaughter on growth performance and carcass characteristics of finishing pigs

Citation: Coble, K. F., DeRouchey, J. M., Tokach, M. D., Dritz, S. S., Goodband, R. D., & Woodworth, J. C. (2017). Effects of distillers dried grains with solubles and added fat fed immediately before slaughter on growth performance and carcass characteristics of finishing pigs. Journal of Animal Science, 95(1), 270-278. doi:10.2527/jas2016.0679The addition of dietary fat has been shown to increase HCW and carcass yield in pigs fed low-fiber corn-soy diets; however, data on added fat in high-fiber, low-energy diets is less available. Therefore, the potential for dietary fat to ameliorate the negative effect high-fiber diets have on carcass yield during the last 3 wk before slaughter is of high importance. This experiment was conducted to determine the interactive effects of 30% distillers dried grains with solubles (DDGS) and 5% added fat fed before slaughter on growth performance and carcass characteristics. A total of 1,258 pigs in 2 groups (initially 105.8 +/- 0.1 kg BW; group 1 PIC 337 x 1,050; group 2 PIC 327 x 1,050) were used in a 20-d experiment. All pigs were fed a common diet with 30% DDGS until 20 d before slaughter. Then, all pens were weighed and allotted to treatments with 20 replicate pens per treatment. Dietary treatments were arranged in a 2 x 2 factorial with 2 diet types (corn-soybean meal-based with or without 30% DDGS) and added fat (0 or 5%; group 1 = tallow; group 2 = choice white grease). Diets were formulated to a constant standardized ileal digestible Lys: NE ratio. There were no treatment x group interactions for any response criteria. Thus, data for the 2 groups were combined for analysis. Overall, there was a tendency for a diet type x added fat interaction for ADG (P = 0.054), whereas this was significant for G: F (P = 0.008). This was a result of 5% added fat increasing ADG and G: F to a greater magnitude for pigs fed the diet containing 30% DDGS (8.6 and 10.4%, respectively) than for pigs fed the corn-soy diet (2.0 and 2.9%, respectively). Although diet type did not affect final live BW, pigs fed the diet containing DDGS had decreased HCW and carcass yield (P < 0.05). Adding 5% fat did not affect carcass yield. In conclusion, adding 5% fat to finishing pig diets containing 30% DDGS approximately 20 d before slaughter improved ADG and G: F but did not overcome the reduction in carcass yield from feeding DDGS

Effect of fish meal source on nursery pig performance

Citation: Jones, A. M., Woodworth, J. C., Goodband, R. D., Tokach, M. D., Dritz, S. S., & DeRouchey, J. M. (2016). Effect of fish meal source on nursery pig performance. Journal of Animal Science, 94, 94-94. doi:10.2527/msasas2016-199A total of 350 pigs (DNA Line 200 × 400; initially 6.5 ± 0.09 kg BW; 21 d of age) were used in a 14-d experiment to determine the effects of fish meal source on nursery pig performance. Pigs were randomly allotted to pens at weaning (d 0) and were fed a common starter diet for 7 d. On d 7, pens of pigs were randomly allotted by BW to 1 of 7 dietary treatments (10 pens/treatment and 5 pigs/pen) in a 2 × 3 + 1 factorial. Diets were corn-soybean meal-based that contained 10% dried whey and none (Control) or 3 or 6% fish meal from 1 of 3 sources (IPC 790 Fish Meal, The Scoular Company, Minneapolis, MN; Special Select Menhaden Fish Meal, Omega Proteins, Houston, TX; and Daybrook LT Prime Menhaden Fish Meal, Daybrook Fisheries, Morristown, NJ). All fish meal sources were from the 2014 catch year. All samples of fish meal contained less than 0.15% total volatile N suggesting high quality. A source × level interaction (P < 0.05) for ADG and final BW was observed as increasing levels of IPC 790 improved ADG; however, pigs fed Special Select and LT Prime fish meal only saw improvement when 3% was included. While no differences were observed between treatments for ADFI, there was a source × level interaction for G:F (Linear P = 0.005). This was a result of G:F linearly improving as IPC 790 increased, with pigs fed 3% Special Select or LT Prime having similar performance to 6% IPC 790, but no further improvement thereafter. In conclusion, adding 3% of any fish meal source improved ADG and G:F; however, only pigs fed IPC 790 had a further improvement in ADG when 6% was fed

Evaluating the efficacy of a novel phytase source

Citation: Flohr, J. R., DeRouchey, J. M., Tokach, M. D., Dritz, S. S., Woodworth, J. C., & Goodband, R. D. (2016). Evaluating the efficacy of a novel phytase source. Journal of Animal Science, 94, 111-112. doi:10.2527/msasas2016-236A total of 350 nursery pigs (PIC 1050 barrows, initially 15.1 kg BW) were used in a 21-d study to determine the available phosphorus (aP) release curve for a novel phytase product (Microtech 5000, VTR Bio-tech Co., Guangdong, China). Pigs were randomly allotted to pens at arrival to facilities and on d 0 of the trial pens were allotted to 1 of 7 treatments in a randomized complete block design. There were 5 pigs per pen and 10 pens per treatment. Pigs were fed corn-soybean meal-based diets formulated to contain 1.25% SID Lys. Experimental treatments consisted of 3 diets formulated to 0.12, 0.18, and 0.24% aP with the only source of added P being an inorganic source (monocalcium P). Then, phytase was added to the diet formulated to 0.12% aP at 4 levels (250, 500, 750, and 1000 FTU/kg). Diets were analyzed for phytase using the AOAC method, and analyzed concentrations were lower than formulated. Diets formulated to contain 250, 500, 750, and 1000 FTU/kg had analyzed concentrations of 155, 335, 465, and 780 FTU/kg, respectively. On d 21, one pig per pen was euthanized and fibulas were collected to determine bone ash weight and percentage bone ash. From d 0 to 21, increasing P from inorganic P or increasing phytase increased ADG (linear, P < 0.01), G:F (linear, P < 0.01 for inorganic P; quadratic, P < 0.03 for phytase), and final BW (linear, P < 0.01). Bone ash weight and percentage were increased (linear, P < 0.01) with increasing inorganic P and increasing phytase. Response criteria, which remained in the linear portion of the quadratic phytase curve (ADG, bone ash weight, and percentage bone ash), were used to calculate aP release curves. When analyzed phytase values and percentage bone ash are used as the predictor variables, aP release percentage for up to 780 FTU/kg of Microtech 5000 phytase can be predicted by the equation (y = 0.000002766761x– 0.000000002225x2– 0.000201841391; r2 = 0.948), where x is the phytase concentration in the diet (FTU/kg)

Development of equations to predict the influence of floor space on average daily gain, average daily feed intake, and gain-to-feed ratio of finishing

Citation: Flohr, J. R., Woodworth, J. C., Tokach, M. D., Dritz, S. S., DeRouchey, J. M., & Goodband, R. D. (2016). Development of equations to predict the influence of floor space on average daily gain, average daily feed intake, and gain-to-feed ratio of finishing. Journal of Animal Science, 94, 7-7. doi:10.2527/msasas2016-015Data from existing literature examining the influence of floor space allowance on the growth of finishing pigs was used to develop prediction equations for ADG, ADFI, and G:F. Two databases were used: the first included information from studies examining the influence of floor space allowance, and the second included the aforementioned papers along with papers examining the impact of floor space after pigs were removed from the pen. The first database included 27, 25, and 25 papers for ADG, ADFI, and G:F, respectively, and the second database contained 30, 28, and 28 papers for ADG, ADFI, and G:F, respectively. The predictor variables tested were floor space (m2/pig), k (floor space/final BW0.67), initial BW, final BW, feed space (pigs per feeder hole), water space (pigs per waterer), group size (pigs per pen), gender, floor type, and study length (d). Floor space treatments within each experiment were the experimental unit and random effects of decade, paper within decade, and experiment within paper × decade interactions were included in the statistical model. A weighted variance term was included in the statistical model to account for heterogeneity of experimental designs and replication across the existing literature. The statistical significance for inclusion of terms in the model was determined at P < 0.10. Further evaluation of models with significant terms was then conducted based on the Bayesian information criterion (BIC). Once the ADG and ADFI models for each respective database were determined, then the G:F model was evaluated as the predicted ADG/predicted ADFI. The optimum equations to predict finishing ADG, ADFI, and G:F for the first database were ADG, g = 395.57 + (15,727 × k) ? (221,705 × k2) ? (3.6478 × initial BW, kg) + (2.209 × final BW, kg) + (67.6294 × k × initial BW, kg); ADFI, g = 802.07 + (20,121 × k) ? (301,210 × k2) ? (1.5985 × initial BW, kg) + (11.8907 × final BW, kg) + (159.79 × k × initial BW, kg); and G:F = predicted ADG/predicted ADFI. The optimum equations to predict ADG, ADFI, and G:F for the second database were ADG, g = 337.57 + (16,468 × k) ? (237,350 × k2) ? (3.1209 × initial BW, kg) + (2.569 × final BW, kg) + (71.6918 × k × initial BW, kg); ADFI, g = 833.41 + (24,785 × k) ? (388,998 × k2) ? (3.0027 × initial BW, kg) + (11.246 × final BW, kg) + (187.61 × k × initial BW, kg); and G:F = predicted ADG/predicted ADFI. All multiterm models improved BIC values compared with single-term predictor models, signifying that multiterm models proved to better fit their respective databases

Effects of diet form and type on growth performance, carcass yield, and iodine value of finishing pigs

Citation: Nemechek, J. E., Tokach, M. D., Dritz, S. S., Goodband, R. D., DeRouchey, J. M., & Woodworth, J. C. (2015). Effects of diet form and type on growth performance, carcass yield, and iodine value of finishing pigs. Journal of Animal Science, 93(9), 4486-4499. doi:10.2527/jas2015-9149Two experiments were conducted to determine the effects of pelleting, diet type (fat and fiber level), and withdrawal of dietary fiber and fat before marketing on growth performance, carcass yield, and carcass fat iodine value (IV) of finishing pigs. Each experiment used 288 pigs (initially 49.6 and 48.5 kg BW, respectively) with 6 dietary treatments arranged as 2 x 3 factorials. In Exp. 1, main effects were diet form (meal vs. pellet) and diet regimen. Diet regimens were 1) a low-fiber, low-fat (corn-soybean meal) diet from d 0 to 81, 2) a high-fiber, high-fat (30% dried distillers grains with solubles [DDGS] and 19% wheat middlings [midds]) diet from d 0 to 64 followed by the low-fiber, low-fat diet from d 64 to 81 (fiber and fat withdrawal), and 3) the high-fiber, high-fat diet fed from d 0 to 81. Pigs fed pelleted diets had increased (P < 0.05) ADG and G:F compared with those fed meal diets. Pigs fed pelleted diets had increased belly fat IV (2.9 mg/g) compared with those fed meal diets, with a greater increase when fed high-fiber, high-fat diets throughout the entire study (interaction, P < 0.05). Pigs fed the low-fiber, low-fat diet throughout had increased (P < 0.001) G:F compared with pigs fed the other 2 treatments. Pigs fed low-fiber, low-fat diets throughout the study or pigs withdrawn from high-fiber, high-fat diets had increased (P < 0.001) carcass yield compared with pigs fed high-fiber, high-fat diets throughout. In Exp. 2, treatment main effects were diet form (meal vs. pellet) and diet type (corn-soybean meal-based control, the control with 30% DDGS and 19% midds, or the control diet with 3% corn oil). The diet containing corn oil was calculated to produce carcass fat IV similar to diets containing DDGS and midds. Overall, pigs fed pelleted diets had increased (P < 0.05) ADG, G:F, and belly fat IV (1.3 mg/g) compared with those fed meal diets. Pigs fed the diets containing DDGS and midds had decreased (P < 0.05) ADG, carcass yield, and HCW compared with pigs fed the control or corn oil diets and decreased (P < 0.001) G:F compared with pigs fed added corn oil. Belly IV was greatest (P < 0.001) for pigs fed diets with DDGS and midds and lowest for pigs fed the control diet, with pigs fed the corn oil diets intermediate. In conclusion, pelleting diets improves pig ADG (approximately 3%) and G:F (approximately 6%); however, a novel finding of this study is that pelleting diets fed to finishing pigs also increases belly fat IV

Evaluating the removal of pigs from a group and subsequent floor space allowance on the growth performance of heavy-weight finishing pigs

Citation: Flohr, J. R., Tokach, M. D., DeRouchey, J. M., Woodworth, J. C., Goodband, R. D., & Dritz, S. S. (2016). Evaluating the removal of pigs from a group and subsequent floor space allowance on the growth performance of heavy-weight finishing pigs. Journal of Animal Science, 94(10), 4388-4400. doi:10.2527/jas2016-0407A total of 1,092 finishing pigs (initially 36.3 kg) were used in a 117-d study to evaluate the impact of initial floor space allowance and removal strategy on the growth of pigs up to 140 kg BW. There were 4 experimental treatments with 14 pens per treatment. The first treatment provided 0.91 m(2) per pig (15 pigs/pen). The other 3 treatments initially provided 0.65 m(2) per pig (21 pigs/pen) with 3 different removal strategies. The second treatment (2:2:2) removed the 2 heaviest pigs from pens on d 64, 76, and 95 when floor space allowance was predicted to be limiting. Treatment 3 (2:4) removed the 2 heaviest pigs on d 76 and the 4 heaviest pigs on d 105. Treatment 4 (6) removed the heaviest 6 pigs on d 105. All pigs remaining in pens after removals were fed to d 117. Overall (d 0 to 117), pigs initially provided 0.91 m(2) of floor space had increased (P < 0.05) ADG compared to pigs in pens on the 2: 4 or 6 removal strategy, but ADG was not different compared with pigs on the 2:2:2 removal strategy. Total BW gain per pen was greater (P < 0.05) for pens initially stocked at 0.65 m(2) compared to pens initially stocked at 0.91 m(2). Feed usage per pen was less (P < 0.05) for pens initially stocked at 0.91 m(2) compared to pens initially providing 0.65 m(2) of floor space and on removal strategies; however, feed usage per pig was greater (P < 0.05) for pigs initially stocked at 0.91 m(2) compared to pigs initially stocked at 0.65 m(2) and on removal strategies. Feed usage, on a pig or pen basis, was less (P < 0.05) for pigs on the 2: 2: 2 removal strategy compared to pigs on the 2:4 or the 6 removal strategy. Income over feed and facility cost (IOFFC) was less (P < 0.05) for pigs initially provided 0.91 m(2) compared to pigs initially provided 0.65 m(2) and on removal strategies. Also, IOFFC was less (P < 0.05) for pigs on the 2:2:2 compared to the 2:4 and 6 removal strategies. In conclusion, increasing the floor space allowance or the time points at which pigs are removed from the pen improved the growth of pigs remaining in the pen; however, IOFFC may be reduced because fewer pigs are marketed from each pen (pigs stocked at 0.91 m(2) throughout the study) or from reducing total weight produced (2:2:2 removal strategy)