Considering New Issues on Appeal: The General Rule and the Gorilla Rule

One aspect of the appellate process that most bedevils judges and lawyers occurs when a party attempts to raise an issue in the appellate court that it did not present to the trial court. This question creates problems for the following reasons: (1) the general rule against considering new issues on appeal; (2) the perception that it is unfair to the appellant if the new issue is not considered, yet it is unfair to the appellee if the new issue is considered; and (3) the failure or inability of appellate courts to articulate any principled basis for determining when and under what circumstances a new issue will be considered. As a result, it is almost impossible to predict in a particular case whether or not the appellate court will consider a new issue raised by the appellant. This uncertainty reduces the value of being the successful party in the trial court and adds to the already overwhelming caseload of American appellate courts by encouraging appeals. Further, in many appeals, which would have been taken in any event, it can add two issues: whether or not to consider the new issue, as well as the merits of the issue itself. Legal scholars have paid little attention to the problem, not-withstanding the enormous implications of the decision whether or not to consider new issues on appeal. In fact, the only article on the subject was published over a half century ago. Since that time,courts increasingly are willing to consider new issues, bringing into question the continued validity of the general rule. The purpose of this Article is to reexamine the general rule against considering new issues on appeal, explore the many exceptions to it, and analyze whether courts should continue to apply the rule. The Article will also examine whether exceptions to the general rule should exist and, if so, which exceptions should be recognized and under what circumstance

Restrictions on Publication and Citation of Judicial Opinions: A Reassessment

In response to the crisis of volume, state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed loss of judicial accountability, the difficulties of appellate review, the problems of predicting precedential value, the inequalities of parties\u27 access to unpublished opinions, and the illusory nature of the claims of judicial and litigant economy. In this Article, Professor Martineau demonstrates that these criticisms are based on false premises and ignore the realities of legal research and the appellate decision making process. Professor Martineau writes that limited publication and citation rules are an essential way to respond to increasing caseloads, so long as: (1) they are crafted and administered to ensure that the criteria for publication are maintained with several checks on judges\u27 discretion not to publish and (2) the prohibitions against citing unpublished opinions be enforced strictly through good example, sanctions, and structural mechanisms intended to make the opinions available less readily to people other than the immediate parties

Mechanical strength and thermophysical properties of PM212: A high temperature self-lubricating powder metallurgy composite

A powder metallurgy composite, PM212, composed of metal bonded chromium carbide and solid lubricants is shown to be self-lubricating to a maximum application temperature of 900 C. The high temperature compressive strength, tensile strength, thermal expansion and thermal conductivity data needed to design PM212 sliding contact bearings and seals are reported for sintered and isostatically pressed (HIPed) versions of PM212. Other properties presented are room temperature density, hardness, and elastic modulus. In general, both versions appear to have adequate strength to be considered as sliding contact bearing materials, but the HIPed version, which is fully dense, is much stronger than the sintered version which contains about 20 percent pore volume. The sintered material is less costly to make, but the HIPed version is better where high compressive strength is important

Vitamin A Metabolism by Dendritic Cells Triggers an Antimicrobial Response against Mycobacterium tuberculosis.

Epidemiological evidence correlates low serum vitamin A (retinol) levels with increased susceptibility to active tuberculosis (TB); however, retinol is biologically inactive and must be converted into its bioactive form, all-trans retinoic acid (ATRA). Given that ATRA triggers a Niemann-Pick type C2 (NPC2)-dependent antimicrobial response against Mycobacterium tuberculosis, we investigated the mechanism by which the immune system converts retinol into ATRA at the site of infection. We demonstrate that granulocyte-macrophage colony-stimulating factor (GM-CSF)-derived dendritic cells (DCs), but not macrophages, express enzymes in the vitamin A metabolic pathway, including aldehyde dehydrogenase 1 family, member a2 (ALDH1A2) and short-chain dehydrogenase/reductase family, member 9 (DHRS9), enzymes capable of the two-step conversion of retinol into ATRA, which is subsequently released from the cell. Additionally, mRNA and protein expression levels of ALDH1A2 and DC marker CD1B were lower in tuberculosis lung tissues than in normal lung. The conditioned medium from DCs cultured with retinol stimulated antimicrobial activity from M. tuberculosis-infected macrophages, as well as the expression of NPC2 in monocytes, which was blocked by specific inhibitors, including retinoic acid receptor inhibitor (RARi) or N,N-diethylaminobenzaldehyde (DEAB), an ALDH1A2 inhibitor. These results indicate that metabolism of vitamin A by DCs transactivates macrophage antimicrobial responses.IMPORTANCE Tuberculosis (TB) is the leading cause of death by a single infectious agent worldwide. One factor that contributes to the success of the microbe is the deficiency in immunomodulatory nutrients, such as vitamin A (retinol), which are prevalent in areas where TB is endemic. Clinical trials show that restoration of systemic retinol levels in active TB patients is ineffective in mitigating the disease; however, laboratory studies demonstrate that activation of the vitamin A pathway in Mycobacterium tuberculosis-infected macrophages triggers an antimicrobial response. Therefore, the goal of this study was to determine the link between host retinol levels and retinoic acid-mediated antimicrobial responses against M. tuberculosis By combining established in vitro models with in situ studies of lung tissue from TB patients, this study demonstrates that the innate immune system utilizes transcellular metabolism leading to activation between dendritic cells and macrophages as a means to combat the pathogen