Secondhand Smoke Signals from Prison

This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates\u27 long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing inmates to possess tobacco without effectively addressing the risk of harm that policy creates for other inmates. Additionally, Part II rejects the proposition that a court confronted with an Eighth Amendment violation may fail to act merely because legislative action may eventually cure the constitutional deficiency. Finally, Part III contends that a court is empowered to remedy this Eighth Amendment violation effectively by easing an inmate\u27s burden of production and by ordering prison officials to adopt increasingly strict smoking restrictions until the inmate no longer faces a serious risk of harm

Granting Certiorari to Video Recording but Not to Televising

Cameras are an understandable yet inapt target for Supreme Court Justices apprehensive about televising the high Court’s proceedings. Notwithstanding Justice Souter’s declaration to a congressional subcommittee in 1996 that cameras will have to roll over his dead body to enter the Court, the Justices’ public statements suggest that their objections are to televising—not to cameras. In fact, welcoming cameras to video record Court proceedings for archival purposes will serve the Justices’ interests well. Video recording can forestall legislation recently introduced in both houses of Congress that would require the Court to televise its proceedings. The Court’s desired result—the legislation disappearing from the congressional agenda—will become more plausible once the Justices have acknowledged legislators’ legitimate arguments for improving access to the Court. When initiating video recording, however, the Justices can allay the concerns they have expressed about televising by strictly limiting the distribution of the archival footage

Secondhand Smoke Signals from Prison

This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates\u27 long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing inmates to possess tobacco without effectively addressing the risk of harm that policy creates for other inmates. Additionally, Part II rejects the proposition that a court confronted with an Eighth Amendment violation may fail to act merely because legislative action may eventually cure the constitutional deficiency. Finally, Part III contends that a court is empowered to remedy this Eighth Amendment violation effectively by easing an inmate\u27s burden of production and by ordering prison officials to adopt increasingly strict smoking restrictions until the inmate no longer faces a serious risk of harm

Granting Certiorari to Video Recording but Not to Televising

Cameras are an understandable yet inapt target for Supreme Court Justices apprehensive about televising the high Court’s proceedings. Notwithstanding Justice Souter’s declaration to a congressional subcommittee in 1996 that cameras will have to roll over his dead body to enter the Court, the Justices’ public statements suggest that their objections are to televising—not to cameras. In fact, welcoming cameras to video record Court proceedings for archival purposes will serve the Justices’ interests well. Video recording can forestall legislation recently introduced in both houses of Congress that would require the Court to televise its proceedings. The Court’s desired result—the legislation disappearing from the congressional agenda—will become more plausible once the Justices have acknowledged legislators’ legitimate arguments for improving access to the Court. When initiating video recording, however, the Justices can allay the concerns they have expressed about televising by strictly limiting the distribution of the archival footage

The Dilution Solution: Populating the Trademark A-list

In our celebrity-conscious culture, the media serve as arbiters of fame. The editors of Us Weekly and People wield significant influence over public recognition of celebrities. Since the Federal Trademark Dilution Act (“FTDA”) amended the Lanham Act in 1995, federal courts have adopted similar roles as arbiters of fame, determining which trademarks are sufficiently famous to receive federal protection against dilution. Recent changes to the Lanham Act, however, reserve the availability of dilution actions to “A-list” marks. These changes fulfill the objectives of trademark law while achieving Congress’s intent in enacting the FTDA

The Dilution Solution: Populating the Trademark A-list

In our celebrity-conscious culture, the media serve as arbiters of fame. The editors of Us Weekly and People wield significant influence over public recognition of celebrities. Since the Federal Trademark Dilution Act (“FTDA”) amended the Lanham Act in 1995, federal courts have adopted similar roles as arbiters of fame, determining which trademarks are sufficiently famous to receive federal protection against dilution. Recent changes to the Lanham Act, however, reserve the availability of dilution actions to “A-list” marks. These changes fulfill the objectives of trademark law while achieving Congress’s intent in enacting the FTDA

FAPRI 2005 Outlook for Missouri Agriculture

Agricultural and Food Policy,

Improving access to longitudinal patient health information within an emergency department

pre-printWe designed and implemented an electronic patient tracking system with improved user authentication and patient selection. We then measured access to clinical information from previous clinical encounters before and after implementation of the system. Clinicians accessed longitudinal information for 16% of patient encounters before, and 40% of patient encounters after the intervention, indicating such a system can improve clinician access to information. We also attempted to evaluate the impact of providing this access on inpatient admissions from the emergency department, by comparing the odds of inpatient admission from an emergency department before and after the improved access was made available. Patients were 24% less likely to be admitted after the implementation of improved access. However, there were many potential confounders, based on the inherent pre-post design of the evaluation. Our experience has strong implications for current health information exchange initiatives

Hydrogen-atom Attack on Phenol and Toluene is \u3cem\u3eortho\u3c/em\u3e-directed

The reaction of H + phenol and H/D + toluene has been studied in a supersonic expansion after electric discharge. The (1 + 1′) resonance-enhanced multiphoton ionization (REMPI) spectra of the reaction products, at m/z = parent + 1, or parent + 2 amu, were measured by scanning the first (resonance) laser. The resulting spectra are highly structured. Ionization energies were measured by scanning the second (ionization) laser, while the first laser was tuned to a specific transition. Theoretical calculations, benchmarked to the well-studied H + benzene → cyclohexadienyl radical reaction, were performed. The spectrum arising from the reaction of H + phenol is attributed solely to the ortho-hydroxy-cyclohexadienyl radical, which was found in two conformers (syn and anti). Similarly, the reaction of H/D + toluene formed solely the ortho isomer. The preference for the ortho isomer at 100–200 K in the molecular beam is attributed to kinetic, not thermodynamic effects, caused by an entrance channel barrier that is ∼5 kJ mol−1 lower for ortho than for other isomers. Based on these results, we predict that the reaction of H + phenol and H + toluene should still favour the ortho isomer under elevated temperature conditions in the early stages of combustion (200–400 °C)