A Gate Forever Closed? Retiring Immigration Law’s Post-departure Bar

Immigration law’s “post-departure bar” destroys the jurisdiction of either an immigration judge or the Board of Immigration Appeals to hear a motion to reopen or reconsider filed by an alien who is no longer physically within the country. This Note examines the current conflict between the federal circuits regarding the post-departure bar and why the circuits that have decided to strike down the bar in the cases before them have ruled in line with certain trends present in recent Supreme Court immigration cases. Conflict between the circuits has arisen because the governing statute, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, was enacted without reference to the bar, which had been in place before the Act’s passage. In that statutory silence, the Attorney General promulgated regulations intended to reestablish the bar. In recent years, circuits have taken various positions on the bar’s validity. Many have struck the bar down on the basis of either Chevron deference or the grounds outlined in Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers, which bars an agency from limiting its jurisdiction in certain situations. Still, other circuits have upheld the bar by using Chevron to conclude that deference to the agency is proper. This Note suggests that the circuits that have struck down the bar are in line with prevailing trends in recent immigration cases decided by the Supreme Court. Further, this Note argues that it does not matter whether a circuit court relies upon Chevron or Union Pacific to strike down the bar, as the use of either precedent to attack the bar serves these trends, and is consistent with the overall direction of American immigration law

The Morphology of Lava Flows in Planetary Environments: Predictions From Analog Experiments

The rates of surface cooling and lateral spreading are evaluated for lava flows on the surface of Earth, Venus, Mars, the Moon, and 10. Differences between the flow morphologies expected in these environments are then predicted under the assumption that the results of recent laboratory simulations oflavas using wax extruded beneath cold water (Fink and Griffiths, 1990) can be carried over. These experiments involved the spreading of viscous liquid under gravity in the presence of a solidifying surface crust and revealed a set of four distinct surface morphologies. Transitions from one morphology to the next occurred in a well-defined sequence when the relative rates of surface solidification and lateral spreading were varied. In comparison with subaerial flows on Earth, the surface of lavas solidifies faster on Venus, where the dense atmosphere provides additional convective heat transfer. Lateral flow oflava is much slower under the smaller gravity of the Moon. Hence, for a given extrusion rate and viscosity, solid crust is predicted to form closer to the vent on both the Moon and Venus than on Earth. Equivalently, faster extrusion rates than those on Earth are required on the Moon, 10, and Venus in order to produce a given surface morphology. A comparison of observed structure, flow rates, and estimated viscosities for some well-documented terrestrial lava flows shows reasonable agreement with the predictions of the model. Extrapolation to extraterrestrial lavas is then illustrated by constraining the effusion rate for a Martian lava flow whose composition is assumed. Spectral information on the chemical composition of Martian flows to be sought by the thermal emission spectrometer on the Mars Observer mission, in conjunction with detailed morphologic observations from the Mars Observer camera, could allow much more accurate estimates of effusion rates for Martian lavas

Secondary or Transient Pseudohypoaldosteronism Associated With Urinary Tract Anomaly and Urinary Infection: A Case Report

AbstractHyponatremia with hyperkalemia in infancy is a rare presentation, but may be due to aldosterone deficiency or end organ resistance to its action. There are few cases associating this condition with urinary tract infections or anatomic abnormalities that predispose to infection. Clinicians should have a high index of suspicion in diagnosing secondary pseudohypoaldosteronism (PHA) due to its often atypical presentation. We describe ten month-old infant who presented with this condition and was found to have urinary tract infection complicating unilateral urinary tract anomaly, which may have strong association with renal tubular resistance to aldosterone

Characteristic QSO Accretion Disk Temperatures from Spectroscopic Continuum Variability

Using Sloan Digital Sky Survey (SDSS) quasar spectra taken at multiple epochs, we find that the composite flux density differences in the rest frame wavelength range 1300-6000 AA can be fit by a standard thermal accretion disk model where the accretion rate has changed from one epoch to the next (without considering additional continuum emission components). The fit to the composite residual has two free parameters: a normalizing constant and the average characteristic temperature $\bar{T}^*$. In turn the characteristic temperature is dependent on the ratio of the mass accretion rate to the square of the black hole mass. We therefore conclude that most of the UV/optical variability may be due to processes involving the disk, and thus that a significant fraction of the UV/optical spectrum may come directly from the disk.Comment: 31 pages, 8 figure

How much do delayed health care seeking, delayed care provision and diversion from primary care contribute to the transmission of STIs

Objectives: To explore the changing pattern of condom use from 1990 to 2000; to identify sociodemographic and behavioural factors associated with condom use; and reasons for condom use in 2000. Methods: Large probability sample surveys administered among those resident in Britain aged 16–44 (n = 13 765 in 1990, n = 11 161 in 2000). Face to face interviews with self completion components collected sociodemographic, behavioural, and attitudinal data. Results: Condom use in the past year among sexually active 16–24 year old men increased from 61.0% in 1990 to 82.1% in 2000 (p<0.0001), and from 42.0% to 63.2% (p<0.0001) among women of the same age, with smaller increases among older age groups. Among individuals reporting at least two partners in the previous 4 week period, approximately two thirds reported inconsistent or no condom use (63.1% (95% CI 55.9% to 69.8%) of the men and 68.5% (95% CI 57.6% to 77.7%) of the women). Conclusions: Rates of condom use increased substantially between 1990 and 2000, particularly among young people. However, inconsistent condom use by individuals with high rates of partner acquisition may contribute significantly to the recent resurgence in STIs. This group is an important target for intensive and specific sexual health interventions

Seasonal water storage and release dynamics of bofedal wetlands in the Central Andes

Tropical high-Andean wetlands, locally known as ‘bofedales’, are key ecosystems sustaining biodiversity, carbon sequestration, water provision and livestock farming. Bofedales' contribution to dry season baseflows and sustaining water quality is crucial for downstream water security. The sensitivity of bofedales to climatic and anthropogenic disturbances is therefore of growing concern for watershed management. This study aims to understand seasonal water storage and release characteristics of bofedales by combining remote sensing analysis and ground-based monitoring for the wet and dry seasons of late 2019 to early 2021, using the glacierised Vilcanota-Urubamba basin (Southern Peru) as a case study. A network of five ultrasound loggers was installed to obtain discharge and water table data from bofedal sites across two headwater catchments. The seasonal extent of bofedales was mapped by applying a supervised machine learning model using Random Forest on imagery from Sentinel-2 and NASADEM. We identified high seasonal variability in bofedal area with a total of 3.5% and 10.6% of each catchment area, respectively, at the end of the dry season (2020), which increased to 15.1% and 16.9%, respectively, at the end of the following wet season (2021). The hydrological observations and bofedal maps were combined into a hydrological conceptual model to estimate the storage and release characteristics of the bofedales, and their contribution to runoff at the catchment scale. Estimated lag times between 1 and 32 days indicate a prolonged bofedal flow contribution throughout the dry season (about 74% of total flow). Thus, our results suggest that bofedales provide substantial contribution to dry season baseflow, water flow regulation and storage. These findings highlight the importance of including bofedales in local water management strategies and adaptation interventions including nature-based solutions that seek to support long-term water security in seasonally dry and rapidly changing Andean catchments

Comparison of Non-Exercise Cardiorespiratory Fitness Prediction Equations in Apparently Healthy Adults

Aims: A recent scientific statement suggests clinicians should routinely assess cardiorespiratory fitness using at least non-exercise prediction equations. However, no study has comprehensively compared the many non-exercise cardiorespiratory fitness prediction equations to directly-measured cardiorespiratory fitness using data from a single cohort. Our purpose was to compare the accuracy of non-exercise prediction equations to directly-measured cardiorespiratory fitness and evaluate their ability to classify an individual\u27s cardiorespiratory fitness. Methods: The sample included 2529 tests from apparently healthy adults (42% female, aged 45.4 ± 13.1 years (mean±standard deviation). Estimated cardiorespiratory fitness from 28 distinct non-exercise prediction equations was compared with directly-measured cardiorespiratory fitness, determined from a cardiopulmonary exercise test. Analysis included the Benjamini-Hochberg procedure to compare estimated cardiorespiratory fitness with directly-measured cardiorespiratory fitness, Pearson product moment correlations, standard error of estimate values, and the percentage of participants correctly placed into three fitness categories. Results: All of the estimated cardiorespiratory fitness values from the equations were correlated to directly measured cardiorespiratory fitness (p \u3c 0.001) although the R2 values ranged from 0.25-0.70 and the estimated cardiorespiratory fitness values from 27 out of 28 equations were statistically different compared with directly-measured cardiorespiratory fitness. The range of standard error of estimate values was 4.1-6.2 ml·kg-1·min-1. On average, only 52% of participants were correctly classified into the three fitness categories when using estimated cardiorespiratory fitness. Conclusion: Differences exist between non-exercise prediction equations, which influences the accuracy of estimated cardiorespiratory fitness. The present analysis can assist researchers and clinicians with choosing a non-exercise prediction equation appropriate for epidemiological or population research. However, the error and misclassification associated with estimated cardiorespiratory fitness suggests future research is needed on the clinical utility of estimated cardiorespiratory fitness. Keywords: Prognosis; cardiopulmonary exercise test; exercise test; fitness algorithm; maximum oxygen consumption

Accuracy of Nonexercise Prediction Equations for Assessing Longitudinal Changes to Cardiorespiratory Fitness in Apparently Healthy Adults: BALL ST Cohort

Background Repeated assessment of cardiorespiratory fitness (CRF) improves mortality risk predictions in apparently healthy adults. Accordingly, the American Heart Association suggests routine clinical assessment of CRF using, at a minimum, nonexercise prediction equations. However, the accuracy of nonexercise prediction equations over time is unknown. Therefore, we compared the ability of nonexercise prediction equations to detect changes in directly measured CRF. Methods and Results The sample included 987 apparently healthy adults from the BALL ST (Ball State Adult Fitness Longitudinal Lifestyle Study) cohort (33% women; average age, 43.1±10.4 years) who completed 2 cardiopulmonary exercise tests ≥3 months apart (3.2±5.4 years of follow-up). The change in estimated CRF (eCRF) from 27 distinct nonexercise prediction equations was compared with the change in directly measured CRF. Analysis included Pearson product moment correlations, SEE values, intraclass correlation coefficient values, Cohen\u27s κ coefficients, γ coefficients, and the Benjamini-Hochberg procedure to compare eCRF with directly measured CRF. The change in eCRF from 26 of 27 equations was significantly associated to the change in directly measured CRF (P\u3c0.001), with intraclass correlation coefficient values ranging from 0.06 to 0.63. For 16 of the 27 equations, the change in eCRF was significantly different from the change in directly measured CRF. The median percentage of participants correctly classified as having increased, decreased, or no change in CRF was 56% (range, 39%-61%). Conclusions Variability was observed in the accuracy between nonexercise prediction equations and the ability of equations to detect changes in CRF. Considering the appreciable error that prediction equations had with detecting even directional changes in CRF, these results suggest eCRF may have limited clinical utility