Essential Elements

The Court has struggled for well over a century with the issue of who has final authority to define what is a crime for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just as labeling an action civil may allow the government to circumvent constitutional criminal procedure entirely, so labeling a fact an affirmative defense or a sentencing factor instead of an element of the offense may allow the government to escape constitutional criminal procedure selectively, bypassing the burden of proof, pleading, and jury requirements that would otherwise apply to an offense element. In its decision in Apprendi v. New Jersey, the Court put to rest one aspect of this ongoing battle about the significance of labels, declaring that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt. But even as Apprendi settled one dispute, it uncovered others. The Court also recognized the possibility that legislatures might simply amend some of the many criminal statutes affected by this rule, in order to avoid full-blown trial adjudication of sentence-enhancing facts. Our examination of the response by every state legislature and Congress to seven major Supreme Court decisions allowing a change in substantive criminal law to effectuate a relaxation in procedures indicates that there will, in fact, be post-Apprendi evasion. Stating only that any effort to avoid the Apprendi rule by redrafting criminal statutes will be subject to constitutional scrutiny, the Court invited litigation over the constitutionality of substantive criminal law, but offered few clues about what shape that constitutional scrutiny should take. We take up this challenge. Drawing guidance from the rich and varied history of constitutional regulation of the substantive criminal law under many different constitutional provisions (including the Court\u27s most recent efforts to police the civil/criminal divide) we develop here a modest multi-factor test to help courts identify those few statutes that contain facts designated as non-elements by a legislature that, nonetheless, quack like elements under the Constitution

Apprendi and Plea Bargaining

Before Apprendi , prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor\u27s threats of added time were not persuasive and the proof of aggravating facts weak, the defendant prior to Apprendi could refuse to admit to the aggravating fact, and plead guilty only to the offense without the aggravating fact. Nothing about Apprendi gives additional leverage to the prosecutor in this situation. A defendant who, prior to Apprendi , decided to risk trial rather than face the aggravated sentence will make the same decision after Apprendi . In fact, only one new bargaining chip is created in Apprendi , and the Court gives it unequivocally to the defendant. By raising the burden of proof, Apprendi makes it much more difficult for the prosecutor to prove aggravating facts that trigger longer sentences

σ,π Interaction in Halogen-Substituted Biadamantylidene Radical Cations

The order of E°‘ and vIP for 4-eq-halogenated-biadamantylidene is F > Cl Br, and the 5-F-substituted compound is harder to ozidize than the 4-eq-F-substituted one. The former result is most consistent with a detectable resonance contribution through the σ-framework, and the latter with σ-hyperconjugative destablilization proceeding through two pathways being more than double the same effect through one pathway (the Whiffen effect). AM1 calculations predict these results. The facial selectivity for epoxidation and diazetidine formation from 4-eq-halogenated 3 (4(X)) is in the order Cl > F > Br, and the 5-fluoro compound (8) is less selective than 4(F) for both reactions. Steric as well as electronic factors might well contribute to these results, neither of which was expected from consideration of σ,π interaction. Cation radical catalyzed chain dioxetane formation from 4(F) and 3(Cl) is significantly more face selective than epoxidation or diazetidine formation, as expected on electronic grounds; σ,π interaction should be larger in the radical cation

Long-term moderate calorie restriction inhibits inflammation without impairing cell-mediated immunity: A randomized controlled trial in non-obese humans

Calorie restriction (CR) inhibits inflammation and slows aging in many animal species, but in rodents housed in pathogen-free facilities, CR impairs immunity against certain pathogens. However, little is known about the effects of long-term moderate CR on immune function in humans. In this multi-center, randomized clinical trial to determine CR's effect on inflammation and cell-mediated immunity, 218 healthy non-obese adults (20-50 y), were assigned 25% CR (n=143) or an ad-libitum (AL) diet (n=75), and outcomes tested at baseline, 12, and 24 months of CR. CR induced a 10.4% weight loss over the 2-y period. Relative to AL group, CR reduced circulating inflammatory markers, including total WBC and lymphocyte counts, ICAM-1 and leptin. Serum CRP and TNF-α concentrations were about 40% and 50% lower in CR group, respectively. CR had no effect on the delayed-type hypersensitivity skin response or antibody response to vaccines, nor did it cause difference in clinically significant infections. In conclusion, long-term moderate CR without malnutrition induces a significant and persistent inhibition of inflammation without impairing key in vivo indicators of cell-mediated immunity. Given the established role of these pro-inflammatory molecules in the pathogenesis of multiple chronic diseases, these CR-induced adaptations suggest a shift toward a healthy phenotype

Racial and Ethnic Health Disparities among Fifth-Graders in Three Cities

http://dx.doi.org/10.1056/NEJMsa111435

Bacterial Vaginosis and the Natural History of Human Papillomavirus

Objective. To evaluate associations between common vaginal infections and human papillomavirus (HPV). Study Design. Data from up to 15 visits on 756 HIV-infected women and 380 high-risk HIV-uninfected women enrolled in the HIV Epidemiology Research Study (HERS) were evaluated for associations of bacterial vaginosis, trichomoniasis, and vaginal Candida colonization with prevalent HPV, incident HPV, and clearance of HPV in multivariate analysis. Results. Bacterial vaginosis (BV) was associated with increased odds for prevalent (aOR = 1.14, 95% CI: 1.04, 1.26) and incident (aOR = 1.24, 95% CI: 1.04, 1.47) HPV and with delayed clearance of infection (aHR = 0.84, 95% CI: 0.72, 0.97). Whereas BV at the preceding or current visit was associated with incident HPV, in an alternate model for the outcome of incident BV, HPV at the current, but not preceding, visit was associated with incident BV. Conclusion. These findings underscore the importance of prevention and successful treatment of bacterial vaginosis

Association between Semen Exposure and Incident Bacterial Vaginosis

Objective. To identify correlates of incident bacterial vaginosis (BV) diagnosed with Nugent scoring among high-risk women. Study Design. We conducted both cohort and case-crossover analyses, stratified by HIV infection status, based on 871 HIV-infected and 439 HIV-uninfected participants in the HIV Epidemiology Research Study, conducted in 4 US sites in 1993–2000. Results. BV incidence was 21% and 19% among HIV-infected and -uninfected women, respectively. Fewer correlates of BV were found with case-crossover than with cohort design. Reporting frequent coitus (regardless of consistency of condom use) was correlated with BV in cohort analyses but not in case-crossover analyses. The sole correlate of BV in both types of analyses was the detection of spermatozoa on Gram stain, which is a marker of semen exposure. Conclusion. The inconsistent association between condom use and BV in prior studies could be from reporting bias. We found evidence of a relationship between semen exposure and incident BV

Shifting perspectives on coastal impacts and adaptation

The Intergovernmental Panel on Climate Change reports reflect evolving attitudes in adapting to sea-level rise by taking a systems approach and recognizing that multiple responses exist to achieve a less hazardous coast.info:eu-repo/semantics/publishedVersio

General Protein Diffusion Barriers Create Compartments within Bacterial Cells

In eukaryotes, the differentiation of cellular extensions such as cilia or neuronal axons depends on the partitioning of proteins to distinct plasma membrane domains by specialized diffusion barriers. However, examples of this compartmentalization strategy are still missing for prokaryotes, although complex cellular architectures are also widespread among this group of organisms. This study reveals the existence of a protein-mediated membrane diffusion barrier in the stalked bacterium Caulobacter crescentus. We show that the Caulobacter cell envelope is compartmentalized by macromolecular complexes that prevent the exchange of both membrane and soluble proteins between the polar stalk extension and the cell body. The barrier structures span the cross-sectional area of the stalk and comprise at least four proteins that assemble in a cell-cycle-dependent manner. Their presence is critical for cellular fitness because they minimize the effective cell volume, allowing faster adaptation to environmental changes that require de novo synthesis of envelope proteins