Zivotofsky II and National Security Decisionmaking at the Lowest Ebb

This Note examines assertions of exclusive presidential power in light of the Supreme Court’s 2015 decision in Zivotofsky ex rel. Zivotofsky v. Kerry. This Note argues that, contrary to the suggestion of some commentators, the decision enhances the President’s ability to disregard legislative restrictions at flashpoints of national security decisionmaking. As Zivotofsky II saw, the President exclusively holds the power to recognize foreign countries. More significant, however, are the analytic moves that the Court introduces when assessing a President’s defiance of an act of Congress—a setup where the President’s power reaches its “lowest ebb.” The Zivotofsky II Court reshaped the lowest-ebb posture by relying heavily on historical practice and functionalist arguments to support its conclusion that the President enjoys exclusive authority over foreign recognition. Such arguments have never before been invoked by the Court to invalidate an act of Congress in the field of foreign affairs and systematically favor the executive in future separation-of-powers standoffs. Moreover, even if courts read Zivotofsky II narrowly, executive branch lawyers will not. And because justiciability doctrines often insulate executive action from judicial review, the primary (if not the only) legal assessment of hard national security choices will be made by lawyers in the executive branch. To illustrate the importance of Zivotofsky II’s impact on executive power, this Note presents three case studies in areas where the political branches have ambiguous or overlapping authority and where the structural advantages of the executive branch are uniquely important—covert actions, electronic surveillance, and the disposition of captured enemy combatants

Altered Auditory Feedback

The purpose of the study was to determine if combining delayed auditory feedback (DAF) and frequency altered feedback (FAF) would be more fluency enhancing than either DAF or FAF alone. Ten stutterers read at normal and fast speech rates under nonaltered auditory feedback (NAF), DAF (i.e., a 50 ms delay), FAF (i.e., a one half octave downward shift), and a combination of DAF and FAF [(COMBO), i.e., a 50 ms delay plus a one half octave downward shift]. Results indicated that stuttering frequency was significantly reduced under all altered auditory conditions at both speech rates relative to the NAF condition. There was, however, no significant differences between the altered auditory feedback conditions (i.e., DAF, FAF, and COMBO). It is suggested that further studies be undertaken to explore the combination of altered auditory feedback conditions, as it may be the case that a floor effect was demonstrated with the singular presentations of DAF and FAF and further improvements in fluency enhancement could not be exhibited in the combined condition. Finally, these findings support the notion that a slowed rate of speech is not necessary for fluency enhancement under conditions of altered auditory feedback

Understanding a language of ‘aristocracy’, 1700-1850

This article engages with current debates about linguistic usage but in a new way. It examines linguistic change, the shifts in frequency of usage of ‘aristocracy,’ both qualitatively and quantitatively, at specific moments and over time, in print of the period 1700 to 1850. Digital resources are utilized to provide broad quantitative evidence not previously available to historians. The potential use and value of digitized sources is also explored in calculating the volume and frequency of keyword appearance within a broad set of genres. This article also examines qualitatively usage of ‘aristocracy’ by contemporaries and historians and concludes that historians have often used the term anachronistically. It reveals that for much of the eighteenth century ‘aristocracy’ was entirely a political term confined primarily to the educated elite but that by 1850 it had become a common social descriptor of an elite class. It also compares the trajectory of usage of ‘aristocracy’ with that of ‘democracy’ and accounts for the divergence in such usage. It is argued here that analyzing the prevalence and usage of ‘aristocracy’ in contemporary contexts reveals an important narrative of linguistic changes that parallel shifts in political and social culture

Linking anhedonia symptoms with behavioural and neural reward responses in adolescent depression

Adolescence is a period of change that crucially increases vulnerability to depression. Studies report blunted neural responses to reward that relate to positive affect and depression symptoms in adolescents. However how these results relate to the symptom of anhedonia in adolescents is not entirely clear. Anhedonia is not a unitary construct, but is described as having different processes (e.g. wanting vs. liking) each underpinned by different neurobiological pathways. Current studies report inconsistencies in findings when trying to relate reward processing at the behavioural and neural level with symptoms. One reason for this is the lack of specificity of clinical, behavioural and neural tasks for measuring reward in depression. Links between the experience of anhedonia in adolescent depression and the behavioural and neural measures of reward could be improved with more detailed questionnaires, more detailed measurements of the components of reward for e.g. decreased motivation/effort and more ecologically valid tasks relevant to adolescents, in the MRI scanner

Genetic Predictions of Prion Disease Susceptibility in Carnivore Species Based on Variability of the Prion Gene Coding Region

Mammalian species vary widely in their apparent susceptibility to prion diseases. For example, several felid species developed prion disease (feline spongiform encephalopathy or FSE) during the bovine spongiform encephalopathy (BSE) epidemic in the United Kingdom, whereas no canine BSE cases were detected. Whether either of these or other groups of carnivore species can contract other prion diseases (e.g. chronic wasting disease or CWD) remains an open question. Variation in the host-encoded prion protein (PrP(C)) largely explains observed disease susceptibility patterns within ruminant species, and may explain interspecies differences in susceptibility as well. We sequenced and compared the open reading frame of the PRNP gene encoding PrP(C) protein from 609 animal samples comprising 29 species from 22 genera of the Order Carnivora; amongst these samples were 15 FSE cases. Our analysis revealed that FSE cases did not encode an identifiable disease-associated PrP polymorphism. However, all canid PrPs contained aspartic acid or glutamic acid at codon 163 which we propose provides a genetic basis for observed susceptibility differences between canids and felids. Among other carnivores studied, wolverine (Gulo gulo) and pine marten (Martes martes) were the only non-canid species to also express PrP-Asp163, which may impact on their prion diseases susceptibility. Populations of black bear (Ursus americanus) and mountain lion (Puma concolor) from Colorado showed little genetic variation in the PrP protein and no variants likely to be highly resistant to prions in general, suggesting that strain differences between BSE and CWD prions also may contribute to the limited apparent host range of the latter

High-intensity interval training vs. moderate-intensity continuous training in the prevention/management of cardiovascular disease

Moderate-intensity continuous training (MICT) has long been considered the most effective exercise treatment modality for the prevention and management of cardiovascular disease, but more recently high-intensity interval training (HIIT) has emerged into the clinical environment has been viewed as a potential alternative to MICT in accruing such benefits. HIIT was initially found to induce significant improvements in numerous physiological and health-related indices, to a similar if not superior extent to MICT. Since then, many studies have attempted to explore the potential clinical utility of HIIT, relative to MICT, with respect to treating numerous cardiovascular conditions such as coronary artery disease, heart failure, stroke, and hypertension. Despite this, however, the efficacy of HIIT compared to MICT with respect to in reversing the specific symptoms and risk factors of these cardiovascular pathologies for improved health and wellbeing as well as reduced morbidity and mortality is not well understood. In addition, HIIT is often perceived as very strenuous, which could potentially render it unsafe for those at risk of or afflicted with cardiovascular disease, but these issues are also yet to be reviewed. Furthermore, the optimal HIIT protocol for each of the cardiovascular disease cohorts has not been established. Thus, the purpose of this review article is to (i) evaluate the efficacy of HIIT relative to MICT in the prevention and management of cardiovascular conditions, and (ii) explore any potential safety issues surrounding the suitability and/or tolerability of HIIT for patients with cardiovascular disease, as well as the potential optimal prescriptive variables of HIIT for application in the clinical environment

Attenuated Fatigue in Slow Twitch Skeletal Muscle during Isotonic Exercise in Rats with Chronic Heart Failure

During isometric contractions, slow twitch soleus muscles (SOL) from rats with chronic heart failure (chf) are more fatigable than those of sham animals. However, a muscle normally shortens during activity and fatigue development is highly task dependent. Therefore, we examined the development of skeletal muscle fatigue during shortening (isotonic) contractions in chf and sham-operated rats. Six weeks following coronary artery ligation, infarcted animals were classified as failing (chf) if left ventricle end diastolic pressure was >15mmHg. During isoflurane anaesthesia, SOL with intact blood supply was stimulated (1s on 1s off) at 30Hz for 15 min and allowed to shorten isotonically against a constant afterload. Muscle temperature was maintained at 37°C. In resting muscle, maximum isometric force (Fmax) and the concentrations of ATP and CrP were not different in the two groups. During stimulation, Fmax and the concentrations declined in parallel sham and chf. Fatigue, which was evident as reduced shortening during stimulation, was also not different in the two groups. The isometric force decline was fitted to a bi-exponential decay equation. Both time constants increased transiently and returned to initial values after approximately 200 s of the fatigue protocol. This resulted in a transient rise in baseline tension between stimulations, although this effect which was less prominent in chf than sham. Myosin light chain 2s phosphorylation declined in both groups after 100 s of isotonic contractions, and remained at this level throughout 15 min of stimulation. In spite of higher energy demand during isotonic than isometric contractions, both shortening capacity and rate of isometric force decline were as well or better preserved in fatigued SOL from chf rats than in sham. This observation is in striking contrast to previous reports which have employed isometric contractions to induce fatigue