161 research outputs found
Environmental Law: States May No Longer Bring a Federal Common Law Nuisance Action to Abate Interstate Water Pollution
City of Milwaukee v. Illinois, 101 S.Ct. 1784 (1981).
In the landmark decision Erie Railroad v. Tomkins, the United States Supreme Court set forth the general proposition that the federal courts may not provide their own rules of decision under the guise of federal common law. Since Erie, however, in cases involving a significant federal interest, the Court has consistently backed away from this rather harsh limitation on federal judicial power. In the City of Milwaukee v. Illinois decision, the United States Supreme Court apparently came full circle, returning to its rule preventing federal courts from fashioning federal common law, at least in the context of interstate water pollution controversies. The immediate effect of City of Milwaukee is to preclude the states from bringing common law nuisance actions demanding relief from the harmful effects of extraterritorial pollution.
Just nine years prior to City of Milwaukee, in Illinois v. Milwaukee, a case involving the same dispute and parties, the Supreme Court gave formal recognition to the federal common law nuisance action for the abatement of water pollution crossing state boundaries. More important, the Illinois v. Milwaukee Court held that because interstate pollution is a federal concern, the nuisance action qualified for a grant of 28 U.S.C. § 1331 federal question jurisdiction. Because of the Supreme Court\u27s holding that it was no longer the only forum available to hear such a dispute between two states, for the first time, a state could initiate a common law nuisance action in a federal district court.
Congress severely criticized the judicial response to water pollution as being far too ad hoc and sporadic” a method for adequately dealing with the mounting pollution problem. Just six months after Illinois v. Milwaukee, Congress passed the Federal Water Pollution Control Act Amendments of 1972 (FWPCAA). The new regulatory scheme changed the approach to water pollution from one of state control and authority to a federal framework of standards and enforcement. Both Congress and the Supreme Court regarded the FWPCAA as a comprehensive legislative response to the inadequacies of past pollution control efforts.
In Illinois v. Milwaukee, the Court acknowledged that, in time, the legislature might take action which would preempt any further need for the federal common law nuisance action. City of Milwaukee v. Illinois provided the Court with the first opportunity to determine the propriety of maintaining a federal common law nuisance action in light of the FWPCAA. This case note explores whether, by abolishing such a nuisance action, the Court has laid to rest what Congress intended to be an important mechanism for enforcing and effectuating the FWPCAA
The use of electric fields for edible coatings and films development and production: A review
Edible films and coatings can provide additional
protection for food, while being a fully biodegradable,
environmentally friendly packaging system. A diversity of
raw materials used to produce edible coatings and films are
extracted from marine and agricultural sources, including
animals and plants. Electric fields processing holds advantage
in producing safe, wholesome and nutritious food.
Recently, the presence of a moderate electric field during
the preparation of edible coatings and films was shown to
influence their main properties, demonstrating its usefulness
to tailor edible films and coatings for specific applications.
This manuscript reviews the main aspects of the use of
electric fields in the production of edible films and coatings,
including the effect in their transport and mechanical
properties, solubility and microstructure.Fundação para a Ciência e a Tecnologia (FCT), Portugal.Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES), Brasil
Spam1-associated transmission ratio distortion in mice: Elucidating the mechanism
BACKGROUND: While transmission ratio distortion, TRD, (a deviation from Mendelian ratio) is extensive in humans and well-documented in mice, the underlying mechanisms are unknown. Our earlier studies on carriers of spontaneous mutations of mouse Sperm Adhesion Molecule 1 (Spam1) suggested that TRD results from biochemically different sperm, due to a lack of transcript sharing through the intercellular cytoplasmic bridges of spermatids. These bridges usually allow transcript sharing among genetically different spermatids which develop into biochemically and functionally equivalent sperm. OBJECTIVES: The goals of the study were to provide support for the lack of sharing (LOS) hypothesis, using transgene and null carriers of Spam1, and to determine the mechanism of Spam1-associated TRD. METHODS: Carriers of Spam1-Hyal5 BAC transgenes were mated with wild-type female mice and the progeny analyzed for TRD by PCR genotyping. Sperm from transgene and Spam1 null carriers were analyzed using flow cytometry and immunocytochemistry to detect quantities of Spam1 and/or Hyal5. Transgene-bearing sperm with Spam1 overexpression were detected by fluorescence in situ hybridization. In wild-type animals, EM studies of in situ transcript hybridization of testis sections and Northern analysis of biochemically fractionated testicular RNA were performed to localize Spam1 transcript. Finally, AU-rich motifs identified in the 3' UTR of Spam1 RNA were assayed by UV cross-linking to determine their ability to interact with testicular RNA binding proteins. RESULTS: The Tg8 line of transgene carriers had a significant (P < 0.001) TRD, due to reduced fertilizing ability of transgene-bearing sperm. These sperm retained large cytoplasmic droplets engorged with overexpressed Spam1 or Hyal5 protein. Caudal sperm from transgene carriers and caput sperm of null carriers showed a bimodal distribution of Spam1, indicating that the sperm in a male were biochemically different with respect to Spam1 quantities. Spam1 RNA was absent from the bridges, associated exclusively with the ER, and was shown to be anchored to the cytoskeleton. This compartmentalization of the transcript, mediated by cytoskeletal binding, occurs via protein interactions with 3' UTR AU-rich sequences that are likely involved in its stabilization. CONCLUSION: We provide strong support for the LOS hypothesis, and have elucidated the mechanism of Spam1-associated TRD
Book Reviews
Kenneth G. Goode. From Africa to the United States and Then... A Concise Afro-American History. Second Edition. Glenview, Ill.: Scott, Foresman and Company, 1976. Pp. 192. 8.50. Review by Al-Tony Gilmore of the University of Maryland, College Park.
John B. Duff and Larry A. Greene, eds. Slavery: Its Origin and Legacy. New York: Thomas Y. Crowell Company, 1975. Pp . IX, 143. 3.25. Review by Robert W. Dubay of Bainbridge Junior College.
John Shelton Reed. The Enduring South: Subcultural Persistence in Mass Society. Chapel Hill: University of North Carolina Press. 1974. Pp. xxi, 131. 3.75. Review by Richard N. Ellis of the University of New Mexico.
Paul A. Carter. The Twenties in America. Second Edition. New York: Thomas Y. Crowell Company, 1975. Pp. ix, 131. 3.50. Review by James L. Forsythe of Fort Hays Kansas State College.
Warren A. Beck and Myles L. Clowers, eds. Understanding American History Through Fiction. 2 vols. New York: McGraw-Hill, 1975. Pp. x, 200; x, 210. $4.95 per vol. Review by Philip Reed Rulon of Northern Arizona University.
(Missing) Lafore, The Long Fuse: An Interpretation of the Origins of World War I. Review by James A. Zabel.
(Missing) Cassels, Fascism. Review by Bullitt Lowry.
(Pages 76-77 Missing) Buxton and Prichard, editors, Excellence in University Teaching: New Essays. Review by Mary Quinlivan of the University of Texas of the Permian Basin.
Paul Smith, ed. The Historian and Film. Cambridge: Cambridge University Press, 1976. Pp. viii, 208. Review by Steve Philip Kramer of the University of New Mexico.
Jackdaws: Mini-Courses in History. New York: Grossman, 1975. Review by J. Wade Caruthers of Southern Connecticut State College
Book Reviews
Eliot Wigginton. Sometimes a Shining Moment: The Foxfire Experience-- Twenty Years in a High School Classroom. Garden City, New York: Anchor Press/ Doubleday, 1985. Pp. xiv, 438. Cloth, 8.95. Review by Jayme A. Sokolow of the National Endowment for the Humanities.
Lois W. Banner. American Beauty. Chicago and London: University of Chicago Press, 1983. Pp. ix, 369. Paper, 25.00. Review by Raymond C. Bailey of Northern Virginia Community College.
Clarence L. Mohr. On the Threshold of Freedom: Masters and Slaves in Civil War Georgia. Athens and London: The University of Georgia Press, 1986. Pp. xxi, 397. Cloth, 15.95. Review by Darlene E. Fisher of New Trier Township High School, Winnetka, Il.
Barry D. Karl. The Uneasy State: The United States from 1915 to 1945. Chicago and London: University of Chicago Press, 1983. Pp. x, 257. Paper, 11.95. Review by David L. Nass of Southwest State University, Mn.
Michael P. Sullivan. The Vietnam War: A Study in the Making of American Policy. Lexington: The University Press of Kentucky, 1985. Pp. 198. Cloth, 27.50; Paper, 49.50; Paper, 16.95. Review by Calvin H. Allen, Jr of The School of the Ozarks.
Henry C. Boren. The Ancient World: An Historical Perspective. Englewood Cliffs, New Jersey: Prentice-Hall, Inc., 1986. Pp. xx, 407. Paper, 35.00; Paper, 22.95. Review by Linda Frey of the University of Montana.
Jonathan Powis. Aristocracy. New York: Basil Blackwell, 1984. Pp. ix, 110. Cloth, 8.95. Review by Robert W. Brown of Pembroke State University.
A. J. Youngson. The Prince and the Pretender: A Study in the Writing of History. Dover, New Hampshire: Croom Helm, Ltd., 1985. Pp. 270. Cloth, $29.00. Review Michael J. Salevouris of Webster University
Appointment letter for Dean Samuel D. Thurman
Appointment letter for Dean Samuel D. Thurman from University of Utah Board of Regents
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