Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions

This Note examines the constitutionality of allowing a probation officer the discretion to either impose or forego particular conditions of a supervised release, depending on the officer\u27s assessment of the defendant\u27s needs. Two federal Circuits allow probation officers to have such discretion; the majority have held that such arrangements violate Article III of the Constitution, which makes imposing a sentence an exclusively judicial task. In this Note, the author investigates the history of delegation of judicial function to non Article-III officers and examines the split in federal courts over this particular issue, ultimately advocating for the adoption of the so-called pragmatic approach used by the minority circuits allowing such arrangements

Self-Help in the 1990s: The Management of the Self in the Clinton Era

In the 1990s, there was a presumption that the election of Bill Clinton marked a new kind of politics, one marked in part by the heightened visibility of therapeutic language and concepts in political discourse. This thesis questions that presumption by placing trends in the mainstream of self-help (as articulated directly in books and television talk-shows and indirectly in Hollywood cinema) alongside the policy agenda of successive administrations. A comparison of the Clinton era and the preceding Reagan-Bush era does indeed reveal parallels between the dominant strains of therapeutic culture and the dominant politics of each era. Some have sought to explain these parallels by arguing that therapeutic culture displaces traditional forms of legitimisation in the political system. Such an argument suggests that the therapeutic ethos succeeds where “traditional” institutions of all kinds (mainstream religion, the family, the law) are in a post-1960s state of decline. Others find that the influence works in the other direction: that the ethos of personal responsibility within contemporary self-help reflects the growing strength of neoliberalism as practiced by the state since the late 1970s. Neoliberalism here appears not just as an economic agenda but as a wholesale displacement of the social as an organising principle within people's lives - explaining away structural inequalities as the result of individual success and failure. In this argument, neoliberal policies under Clinton may differ in inflection but are essentially continuous with those under Reagan and Bush Snr. By contrast, this thesis argues that the prominence of therapeutic culture in the 1990s represents neither the decline of the social nor the rise of individualism. Following Nikolas Rose and the Foucauldian model of governmentality he uses, I argue that, on the contrary, there was, in the Clinton era, a deep concern both for the therapeutic healing of the self and for the reparation of the social fabric in the midst of a supposed “culture war.” However, the subject and object of that reconciliation differ in kind from that of the Reagan era. While Reagan-era neoliberalism associates freedom with the creation of markets in which rational, choice-making individuals can succeed on their own terms, the centrist politics of the Third Way under Clinton presupposes a world in which partnership not competition is the basis for a new ethical citizen-subject. A close reading of both eighties’ Recovery literature and nineties’ New Age literature shows that while the opposing themes of freedom and responsibility are foregrounded in both eras, the context, rationale and ultimately the meaning of these themes is distinct because they address two different kinds of subjectivity. Similarly, while the actual policies of the Clinton era may resemble those of the Reagan era, the rhetorical terrain of government had shifted: from the market unleashed to the community empowered. I argue that an analysis which seeks not to separate but align the personal and political provides the basis for more nuanced cultural history of both therapeutic culture and contemporary American politics

Xenogeneic liver transplantation: Potential applications and pitfalls in a discordant rodent model

After the initial focus on the biology of graft rejection and its prevention, now the main concern of transplantation research is donor shortage. In 1979, the introduction of cyc1osporine A (esA) improved the outcome of clinical organ transplantation significantly. Technical developments and experience fhrther increased survival rates. Therefore, serious efforts have been made to raise the amount of potential donors. These efforts included public awareness campaigns, altered donation legislation and expanded clinical donation programs [1,2]. Despite these initiatives, there was no reduction in the number of patients awaiting transplantation. Thus, interest has focussed on tec1mical and scientific advances to broaden the possibilities of mastering this problem. The development of artificial organs and progress in cloning techniques might lead to a solution. Xenotransplantation, transplantation of organs and tissues from one species to another, including man, also holds a high potential. It could offer th

Growth of Pseudomonas chloritidismutans AW-1T on n-alkanes with chlorate as electron acceptor

Microbial (per)chlorate reduction is a unique process in which molecular oxygen is formed during the dismutation of chlorite. The oxygen thus formed may be used to degrade hydrocarbons by means of oxygenases under seemingly anoxic conditions. Up to now, no bacterium has been described that grows on aliphatic hydrocarbons with chlorate. Here, we report that Pseudomonas chloritidismutans AW-1T grows on n-alkanes (ranging from C7 until C12) with chlorate as electron acceptor. Strain AW-1T also grows on the intermediates of the presumed n-alkane degradation pathway. The specific growth rates on n-decane and chlorate and n-decane and oxygen were 0.5 ± 0.1 and 0.4 ± 0.02 day−1, respectively. The key enzymes chlorate reductase and chlorite dismutase were assayed and found to be present. The oxygen-dependent alkane oxidation was demonstrated in whole-cell suspensions. The strain degrades n-alkanes with oxygen and chlorate but not with nitrate, thus suggesting that the strain employs oxygenase-dependent pathways for the breakdown of n-alkanes