SUMMARY JUDGMENT UNDER THE FEDERAL RULES WHEN AN ISSUE OF FACT IS PRESENTED

Rule 56 of the Federal Rules of Civil Procedure introduced to federal practice the summary judgment procedure, which had been developed previously in England and several of the states. The scope of rule 56 is the broadest possible, since the rule provides that any party may move for a summary judgment in any type of civil action. Rule 56(c) provides that the court shall grant a motion for summary judgment if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. It is clear from this provision that the movant in order to obtain a summary judgment must show: (1) that there is no genuine issue as to any material fact in the case, and (2) that he is entitled to a judgment in his favor as a matter of law. The second of these requirements has not caused much difficulty; here generally the courts have borrowed a test with which they are familiar, holding that the movant to obtain summary judgment must show that he would be entitled to a directed verdict at trial (if the case were tried to a jury) on the basis of the undisputed facts. It is rather the first of these two requirements which has caused conflict and uncertainty

Scope of Discovery Against the United States

In the interpretation and application of the discovery provisions of the Federal Rules of Civil Procedure, one of the most controversial problems is the extent to which discovery is available against the United States when it is a party to an action. Undeniably, the Government is entitled to use the discovery procedures, and it has not hesitated to do so; however, it has often fought vigorously the use of the same procedures against it. At one time the Government argued unsuccessfully that it was entirely exempt from the discovery provisions of the Rules. It has apparently abandoned this argument, but it continues to fight discovery by urging not only its well-recognized evidentiary privileges, but also an all inclusive privilege which, it contends, executive officers alone can apply. In answer to claims of this latter privilege, the courts have gone in all directions, often assuming or inventing such a privilege, and sometimes even applying it, but more frequently finding a way to avoid it. The purpose of this article is to discuss the unique problems arising as to discovery against the United States as a party litigant. The discussion does not cover the situation where discovery is sought against the United States although it is not a party. Nor does it cover the usual problems which are presented in seeking discovery against any private litigant and which are, of course, also present when the United States is involved. The subject to be discussed can be divided into three parts: (1) whether the United States is subject to discovery; (2) whether there are any special privileges available to it which are not available to an ordinary litigant; and (3) to the extent that there are such special privileges, who decides their application

The development of new tools for field and laboratory diagnosis of Pierces Disease

Pierce’s Disease (PD), caused by Xylella fastidiosa, is a devastating bacterial disease of grapevines. One of the few control options is roguing. Roguing depends on precise diagnosis of PD in vines. These experiments were conducted to improve available diagnostic protocols and enhance levels of disease control. Plots were selected from four different Texas vineyards with a total of four different varieties (Blanc duBois, Cabernet Sauvignon, Chardonnay, and Merlot). An infrared thermometer was used to take temperature measurements of the vines. Samples were taken of each of these vines at the same time and were tested for X. fastidiosa by culturing, Enzyme-Linked ImmunoSorbent Assay (ELISA), and Quantitative Real-Time Polymerase Chain Reaction (QRT-PCR). ELISA found an increase in plant temperature in samples that tested positive for X. fastidiosa, but QRT-PCR did not. An infrared thermometer could be used to detect asymptomatic vines, but there are several variables to consider such as grape variety and vineyard location. Grape varieties differed significantly in mean temperatures, as did vineyard locations. PD does not seem to have a pattern in which it spreads, although this could be because of the high level of disease incidence in the chosen vineyards. Both the ELISA and QRT-PCR tests have their own pros and cons for X. fastidiosa detection. ELISA takes approximately 6 hours and can be inaccurate in detecting X. fastidiosa. QRT-PCR takes 2-3 hours and is a much more sensitive test. A combination of techniques (PrepMan Ultra® and nucleic acid precipitation) can be used to clean QRTPCR samples when they have degraded and are being affected by inhibitors

Becoming a human trafficker: qualitatively examining social learning theory and social opportunity structure among Bulgarian human traffickers

Sexual exploitation is a human rights violation sustained by sophisticated organized crime syndicates and a lucrative sex industry. In Europe, research on human traffickers indicates that people choose to become a trafficker due to the juxtaposition of widespread poverty and poor economic opportunity with reliable, well paid employment in the illegitimate economy. Building on this, the primary aim of this dissertation was to expand this existing, one-dimensional (economic) theoretical framework by examining the theorized cognitive and behavioral mechanisms represented by a leading criminology theory (social learning theory) and a more recent concept (social opportunity structure) developed from organized crime theory, as a means to broaden the understanding of why a person becomes a human trafficker. Applying a multiple-case study research design, this aim was achieved by qualitatively examining both theories from the perspective of 16 Bulgarian human traffickers. Findings indicate that Bulgarian human traffickers were heavily influenced by a high benefits (money) – low cost (prison) dynamic represented by social learning theory’s third theoretical component (differential reinforcement). Moreover, this dynamic was further solidified by a general attitude of ambivalence and fatalism directed towards the Bulgarian political, economic, and criminal justice systems. The opportunity to participate in sexual exploitation for profit emerged primarily through peer and work relationships, most of which were not characterized as belonging to the gray economy, thereby offering non-organized crime affiliated individuals to supplement their low, legal economy salaries. Findings have implications for anti-trafficking policy, especially in the area of prevention, as well as for social workers working in the area of sexual exploitation

Investigation of API 8 Round Casing Connection Performance- Part III: Sealability and Torque

The performance of the API LT&C8 Round casing connection is investigated using 7-in.-29-lbift Introduction A 7-in.-29-lb/ft pipe size is used to investigate the performance of the API LT&C 8 Round (8R) casing connection. Part I [1], compared stress results determined from unthreaded and threaded finite element models, test results from strain gages, and hand calculations using strength of material equations. These comparisons showed the finite element modeling to be valid. Part II [2], dealt with the effects of thread tapers and external loads on pin and coupling hoop stresses. It also investigated maximum assembly interference based on an assumed criteria. Part III, is concerned with connection sealability based on the assumption that the contact pressure in the mated surfaces must equal or exceed the fluid pressure being contained. Of particular interest is the effects of thread taper, tension and internal pressure, with tension being the greatest unknown influence on leak tightness. Variations in torque are also investigated from the same forces used to evaluate sealability

Effects of JWH015 in cytokine secretion in primary human keratinocytes and fibroblasts and its suitability for topical/transdermal delivery

BACKGROUND: JWH015 is a cannabinoid (CB) receptor type 2 agonist that produces immunomodulatory effects. Since skin cells play a key role in inflammatory conditions and tissue repair, we investigated the ability of JWH015 to promote an anti-inflammatory and pro-wound healing phenotype in human primary skin cells. METHODS: Human primary keratinocytes and fibroblasts were stimulated with lipopolysaccharide. The mRNA expression of cannabinoid receptors was determined using RT-PCR. The effects of JWH015 (0.05, 0.1, 0.5, and 1 µM) in pro- and anti-inflammatory factors were tested in lipopolysaccharide-stimulated cells. A scratch assay, using a co-culture of keratinocytes and fibroblasts, was used to test the effects of JWH015 in wound healing. In addition, the topical and transdermal penetration of JWH015 was studied in Franz diffusion cells using porcine skin and LC-MS. RESULTS: The expression of CB1 and CB2 receptors (mRNA) and the production of pro- and anti-inflammatory factors enhanced in keratinocytes and fibroblasts following lipopolysaccharide stimulation. JWH015 reduced the concentration of major pro-inflammatory factors (IL-6 and MCP-1) and increased the concentration of a major anti-inflammatory factor (TGF-β) in lipopolysaccharide-stimulated cells. JWH015 induced a faster scratch gap closure. These JWH015’seffects were mainly modulated through both CB1 and CB2 receptors. Topically administered JWH015 was mostly retained in the skin and displayed a sustained and low level of transdermal permeation. CONCLUSIONS: Our findings suggest that targeting keratinocytes and fibroblasts with cannabinoid drugs could represent a therapeutic strategy to resolve peripheral inflammation and promote tissue repair