The Compatibility of a Federal Magistrate\u27s Final Judgment With Nonmutual Issue Preclusion

This Note examines the propriety of issue preclusion as applied to a magistrate\u27s factual determination by providing an overview of section 636(c) of the Magistrate Act of 1979 and the decisions holding its provisions constitutional. It briefly looks at the expanded use of issue preclusion, which is largely due to the elimination of the mutuality agreement. After reviewing the policies that are promoted through the use of issue preclusion in such a manner, the Note concludes that nonmutual issue preclusion should apply to a magistrate\u27s determination in a civil trial only if the parties are aware of the consequences that may result when they consent

The Direction of Denominational Switching in Judaism

This paper examines patterns of denominational switching and the characteristics of switchers within Judaism in the United States. Viewing Orthodox, Conservative, and Reform Judaism and a fourth non-specific group as categories that range from the most traditional to the least traditional respectively, it focuses on the movement of individuals toward or away from a more traditional denomination in comparison with remaining in the same denomination in which they were raised. Data used to conduct this study are drawn from the National Jewish Population Survey 2000-01 (National Jewish Population Survey [NJPS] 2003). We found that 62% stay within the same group, 29% move away from tradition, and 9% move to a more traditional denomination. Multivariate logistic regression analyses show that a lower level of Jewish background, higher previous travel to Israel, a greater extent of organizational affiliation, and a higher level of spiritual feelings and beliefs are associated with moving to a more traditional denomination whereas a higher level of Jewish background, lower previous travel to Israel, and a lower level of spiritual feelings and beliefs are associated with moving to a less traditional denomination. In addition, a few sociodemographic factors (previously married, has a child at home, lives in a Western state) are associated with movement toward tradition whereas others (older age, female, not living in the Northeast or West) are associated with movement in the other direction

Gender Differences in the Construction of Spirituality, Work, Learning, and Community by Baalei Teshuvah

This paper explores the question, How do Jewish men and women who have become Orthodox (baalei teshuvah) compare in their constructions of spirituality, work, learning, religious practices, and community? It is based on a qualitative research study that included interviews with 48 baalei teshuvah (24 men, 24 women), two focus groups, and ten key informant interviews. Participants were from the East Coast of the USA. We found the women more affirmative about their spirituality and feelings about community; men identified with these experiences but not the terminology. The men gave more attention to work and to their struggles integrating work and religion. The women expressed excitement about learning whereas the men conveyed self-consciousness over their language and learning deficiencies

Is participation in a clinical trial associated with a survival benefit in patients with bladder cancer?

Bladder cancer that is unresponsive to intravesical therapies is difficult to treat. Patients with this disease usually have to try salvage therapies, partial cystectomy, or radical cystectomy. Unfortunately, the population afflicted by bladder cancer is older and frailer than those afflicted by other cancers with mortality approaching 1.5% and readmission rates approaching 64%. These patients are left with no other options aside from participating in a clinical trial to delay or avoid surgery. We hypothesized that participation in a clinical trial provides survival benefits when controlling for tumor stage and pathology in the case of non-muscle invasive bladder cancer that is refractory to intravesical Bacillus Calmette-Guérin (BCG). Using our Institutional Review Board (IRB) approved Columbia Urologic Oncology Database, 55 patients with BCG-refractory NMIBC (29 clinical trial patients, 26 non-clinical trial patients) were identified between 2008 and 2012. Clinical characteristics, demographics, and outcomes were obtained from the medical records. Non-clinical trial patients had fewer mean BCG instillations than their clinical trial counterparts (7.8 versus 11.5 doses, p < .01). Kaplan Meier (KP) curves for Overall Survival (OS) and Cancer Specific Survival (CSS) indicate an increased survival benefit for patients enrolled in a clinical trial (OS: χ2 = 8.802, p< 0.01, median of 6.68 years versus 3.15 years; CSS: χ2 = 10.205, p < 0.01, mean 5.6 years versus 2.65 years). The data support the notion that there may be an inherent survival benefit gained by virtue of being included in a clinical trial. The drivers of this survival benefit may include more interactions with the hospitals and clinics, greater patient involvement in their health care, and increased surveillance by clinicians

The undebated issue of justice: silent discourses in Dutch flood risk management

Flood risk for all types of flooding is projected to increase based on climate change projections and increases in damage potential. These challenges are likely to aggravate issues of justice in flood risk management (henceforth FRM). Based on a discursive-institutionalist perspective, this paper explores justice in Dutch FRM: how do institutions allocate the responsibilities and costs for FRM for different types of flooding? What are the underlying conceptions of justice? What are the future challenges with regard to climate change? The research revealed that a dichotomy is visible in the Dutch approach to FRM: despite an abundance of rules, regulations and resources spent, flood risk or its management, are only marginally discussed in terms of justice. Despite that the current institutional arrangement has material outcomes that treat particular groups of citizens differently, depending on the type of flooding they are prone to, area they live in (unembanked/embanked) or category of user (e.g. household, industry, farmer). The paper argues that the debate on justice will (re)emerge, since the differences in distributional outcomes are likely to become increasingly uneven as a result of increasing flood risk. The Netherlands should be prepared for this debate by generating the relevant facts and figures. An inclusive debate on the distribution of burdens of FRM could contribute to more effective and legitimate FRM