The Elastics of Snap Removal: An Empirical Case Study of Textualism

This article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this article we offer a narrative discussion of key variables and we detail the results of our logistic regression analysis. The most salient predictive variable was the party of the president who appointed the judge. Female judges and young judges were also more likely to reach textualist outcomes. Cases involving torts were substantially more likely to be removed even though the statute raises a pure legal question upon which the subject matter of the case should have no bearing. Our most surprising finding was the impact of a judges’ undergraduate and legal education: the eliteness of the educational institution was positively correlated with removal for judges appointed by Republicans, but negatively correlated for judges appointed by Democrats. This disordinal interaction was especially striking since there was no party effect among judges who attended non-elite institutions. In addition to the aforementioned variables which were significant, several variables that were not predictive are also discussed; these include race, seniority, state court experience, and the prospect of multi-district case consolidations

Snap Removal: Concept; Cause; Cacophony; and Cure

So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility. Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending claims in an inconvenient or hostile forum – such removals are barred so long as resident defendants are properly joined “and served.” Defendants preferring the federal forum have invested significant resources monitoring state trial dockets in order to race to remove before service on forum defendants can be effectuated. Where such snap removal is permitted, defendants, both in-state and outsider are allowed to select their preferred forum – an outcome in derogation of the history, purpose, and logic of permitting removal. This clever strategy of defense counsel is facilitated and accelerated by electronic docket monitoring and sometimes (as in the Third Circuit case) attorney trickery amounting to deceit. The recent federal appellate decisions are regrettable both in taking the wrong fork of the metaphorical road regarding snap removal and in shifting the trial court landscape from one of resistance to snap removal to one of toleration. Disturbingly, the appellate decisions (without recorded dissent) analyzed the issue through the simplistic lens of textual literalism with nary a nod to the history, purpose, and public policy of federal removal law. In doing so, the Circuit panels not only reached a problematic result but also displayed an impoverished interpretative methodology. Corrective action by Congress can put a stop to these mistaken results in a manner that vindicates the intent and purpose of the 1948 Congress that added the service requirement and that adequately protects the interests of both plaintiffs and defendants. We outline and assess the most prominent suggestions for fixing the snap removal problem, including our own preferred solution

Pharmacokinetic and safety profile of raltegravir and ribavirin, when dosed separately and together, in healthy volunteers

Results: No statistically significant differences in PK parameters were observed for raltegravir between phases 2 and 3. A statistically significant decrease in maximum plasma concentration (Cmax) and an increase in time to maximum plasma concentration (Tmax) were observed for ribavirin in phase 3 compared with phase 1 [GMR (95% confidence interval) 0.79 (0.62 –1.00) and 1.39 (1.08 –1.78), respectively], whereas no significant differences in other ribavirin PK parameters were observed between study phases. No clinically significant safety concerns were reported. Conclusions: The PK profile of ribavirin is altered when administered with raltegravir (reduced Cmax and increased Tmax), with no safety concerns identified. This is unlikely to be of clinical significance or have an impact on the antiviral effects of ribavirin in HIV-1- and HCV-co-infected subjects

Tilted-Cone Induced Cusps and Nonmonotonic Structures in Dynamical Polarization Function of Massless Dirac Fermions

The polarization function of electrons with the tilted Dirac cone found in organic conductors is studied using the tilted Weyl equation. The dynamical property is explored based on the analytical treatment of the particle-hole excitation. It is shown that the polarization function as the function of both the frequency and the momentum exhibits cusps and nonmonotonic structures. The polarization function depends not only on the magnitude but also the direction of the external momentum. These properties are characteristic of the tilted Dirac cone, and are contrast to the isotropic case of grapheme. Further, the results are applied to calculate the optical conductivity, the plasma frequency and the screening of Coulomb interaction, which are also strongly influenced by the tilted cone.Comment: 28 pages, 12 figures, to be published in Journal of the Physical Society of Japan Vol. 79 (2010) No. 1

Magnetically Dominated Strands of Cold Hydrogen in the Riegel-Crutcher Cloud

We present new high resolution (100 arcsec) neutral hydrogen (H I) self-absorption images of the Riegel-Crutcher cloud obtained with the Australia Telescope Compact Array and the Parkes Radio Telescope. The Riegel-Crutcher cloud lies in the direction of the Galactic center at a distance of 125 +/- 25 pc. Our observations resolve the very large, nearby sheet of cold hydrogen into a spectacular network of dozens of hair-like filaments. Individual filaments are remarkably elongated, being up to 17 pc long with widths of less than ~0.1 pc. The strands are reasonably cold, with spin temperatures of 40 K and in many places appearing to have optical depths larger than one. Comparing the H I images with observations of stellar polarization we show that the filaments are very well aligned with the ambient magnetic field. We argue that the structure of the cloud has been determined by its magnetic field. In order for the cloud to be magnetically dominated the magnetic field strength must be > 30 microGauss.Comment: To appear in the Astrophysical Journal. 26 pages, 6 figures. Full resolution version available at ftp://ftp.atnf.csiro.au/pub/people/nmcclure/papers/rc_cloud.pd

Improvement in accuracy of multiple sequence alignment using novel group-to-group sequence alignment algorithm with piecewise linear gap cost

BACKGROUND: Multiple sequence alignment (MSA) is a useful tool in bioinformatics. Although many MSA algorithms have been developed, there is still room for improvement in accuracy and speed. In the alignment of a family of protein sequences, global MSA algorithms perform better than local ones in many cases, while local ones perform better than global ones when some sequences have long insertions or deletions (indels) relative to others. Many recent leading MSA algorithms have incorporated pairwise alignment information obtained from a mixture of sources into their scoring system to improve accuracy of alignment containing long indels. RESULTS: We propose a novel group-to-group sequence alignment algorithm that uses a piecewise linear gap cost. We developed a program called PRIME, which employs our proposed algorithm to optimize the well-defined sum-of-pairs score. PRIME stands for Profile-based Randomized Iteration MEthod. We evaluated PRIME and some recent MSA programs using BAliBASE version 3.0 and PREFAB version 4.0 benchmarks. The results of benchmark tests showed that PRIME can construct accurate alignments comparable to the most accurate programs currently available, including L-INS-i of MAFFT, ProbCons, and T-Coffee. CONCLUSION: PRIME enables users to construct accurate alignments without having to employ pairwise alignment information. PRIME is available at

Mitochondrial Substrate-Level Phosphorylation as Energy Source for Glioblastoma: Review and Hypothesis

Glioblastoma multiforme (GBM) is the most common and malignant of the primary adult brain cancers. Ultrastructural and biochemical evidence shows that GBM cells exhibit mitochondrial abnormalities incompatible with energy production through oxidative phosphorylation (OxPhos). Under such conditions, the mitochondrial F0-F1 ATP synthase operates in reverse at the expense of ATP hydrolysis to maintain a moderate membrane potential. Moreover, expression of the dimeric M2 isoform of pyruvate kinase in GBM results in diminished ATP output, precluding a significant ATP production from glycolysis. If ATP synthesis through both glycolysis and OxPhos was impeded, then where would GBM cells obtain high-energy phosphates for growth and invasion? Literature is reviewed suggesting that the succinate-CoA ligase reaction in the tricarboxylic acid cycle can substantiate sufficient ATP through mitochondrial substrate-level phosphorylation (mSLP) to maintain GBM growth when OxPhos is impaired. Production of high-energy phosphates would be supported by glutaminolysis-a hallmark of GBM metabolism-through the sequential conversion of glutamine -> glutamate -> alpha-ketoglutarate -> succinyl CoA -> succinate. Equally important, provision of ATP through mSLP would maintain the adenine nucleotide translocase in forward mode, thus preventing the reverse-operating F0-F1 ATP synthase from depleting cytosolic ATP reserves. Because glucose and glutamine are the primary fuels driving the rapid growth of GBM and most tumors for that matter, simultaneous restriction of these two substrates or inhibition of mSLP should diminish cancer viability, growth, and invasion