Fine(ing) Wine: Challenging Direct-Shipment Licensing Fees on Dormant Commerce Clause Grounds

This Note advocates for a constitutional challenge to state direct-to-consumer licensing fees, arguing that the licensing fees impose an undue burden on interstate commerce. To this end, this Note will apply the Supreme Court’s dormant Commerce Clause jurisprudence to state DtC wine licensing fees. Under this framework, the Court has almost always invalidated state laws that discriminate against out-of-state interests absent a showing that the law is necessary to achieve a legitimate purpose other than economic protectionism. If the state law is not found to discriminate against out-of-state interests, the Court balances the law’s burdens on interstate commerce against its benefits, invalidating a law when the burden imposed on interstate commerce is “excessive in relation to the [law’s] putative local benefits.” There are two approaches to this balancing test. In balancing the law’s burdens on interstate commerce against its benefits, some circuit courts require a heightened standard in which the government must prove that the asserted local benefits are both genuine and credibly advanced by the law; other circuits accept any rational assertion of benefit by the state. This Note argues that the heightened approach to balancing is appropriate with respect to DtC licensing fees because of concerns that states will prop up seemingly legitimate interests that are not truly advanced by the licensing fees. Moreover, a rational basis standard ignores the unique climate conditions of particular states that affect the quality of wine production. This Note will ultimately conclude that DtC licensing fees are unconstitutionally burdensome on interstate commerce

Friendships in Integrative Settings: Network Analyses in Organized Sports and a Comparison with School

Social networks affect health. In this empirical study, friendship networks in integrative organized sports were examined and then compared with friendship networks in integrative school. Relevant factors for friendship network formation were investigated, with a particular interest in the relevance of intellectual disability. Advanced social network analysis was performed using exponential random graph modeling (ERGM) on individual attributes and dyadic factors, while controlling for network structures. A meta-analysis of estimated ERGMs in each setting, organized sports and school, was conducted. When controlling for all other included factors, intellectual disability is not relevant for friendship networks in organized sports. Athletic ability and gender homophily are relevant factors, while language and similarity in athletic ability are not. Contrary to the results for organized sports, intellectual disability and speaking a foreign language at home are negative factors in friendship networks at school. Athletic ability is important in both settings. Regarding dyadic factors, gender homophily is important in both settings, but similarity in athletic ability is not. To foster the psychosocial health of children with intellectual disabilities, they should be encouraged to participate in integrative organized sports as, there, they are part of friendship networks in a manner equal to their peers without an intellectual disability

Abundant topological outliers in social media data and their effect on spatial analysis

Twitter and related social media feeds have become valuable data sources to many fields of research. Numerous researchers have thereby used social media posts for spatial analysis, since many of them contain explicit geographic locations. However, despite its widespread use within applied research, a thorough understanding of the underlying spatial characteristics of these data is still lacking. In this paper, we investigate how topological outliers influence the outcomes of spatial analyses of social media data. These outliers appear when different users contribute heterogeneous information about different phenomena simultaneously from similar locations. As a consequence, various messages representing different spatial phenomena are captured closely to each other, and are at risk to be falsely related in a spatial analysis. Our results reveal indications for corresponding spurious effects when analyzing Twitter data. Further, we show how the outliers distort the range of outcomes of spatial analysis methods. This has significant influence on the power of spatial inferential techniques, and, more generally, on the validity and interpretability of spatial analysis results. We further investigate how the issues caused by topological outliers are composed in detail. We unveil that multiple disturbing effects are acting simultaneously and that these are related to the geographic scales of the involved overlapping patterns. Our results show that at some scale configurations, the disturbances added through overlap are more severe than at others. Further, their behavior turns into a volatile and almost chaotic fluctuation when the scales of the involved patterns become too different. Overall, our results highlight the critical importance of thoroughly considering the specific characteristics of social media data when analyzing them spatially

Single-face non-crossing shortest paths in planar graphs

We consider the following problem: Given an n-vertex undirected planar-embedded graph with a simple boundary cycle, non-negative edge lengths, and k pairs of terminals {(s_1,t_1),(s_2,t_2),...,(s_k,t_k)} specified on the boundary, find non-crossing shortest paths connecting all pairs of terminals (if any such paths exist). We present an algorithm to find such paths in O(n log log k) time which improves upon the previous best runtime of O(n log k) by Takahashi, Suzuki, and Nishizeki [Algorithmica 1996]

Mining and correlating traffic events from human sensor observations with official transport data using self-organizing-maps

Cities are complex systems, where related Human activities are increasingly difficult to explore within. In order to understand urban processes and to gain deeper knowledge about cities, the potential of location-based social networks like Twitter could be used a promising example to explore latent relationships of underlying mobility patterns. In this paper, we therefore present an approach using a geographic self-organizing map (Geo-SOM) to uncover and compare previously unseen patterns from social media and authoritative data. The results, which we validated with Live Traffic Disruption (TIMS) feeds from Transport for London, show that the observed geospatial and temporal patterns between special events (r = 0.73), traffic incidents (r = 0.59) and hazard disruptions (r = 0.41) from TIMS, are strongly correlated with traffic-related, georeferenced tweets. Hence, we conclude that tweets can be used as a proxy indicator to detect collective mobility events and may help to provide stakeholders and decision makers with complementary information on complex mobility processes

Complications of retroperitoneoscopic living donor nephrectomy: single center experience after 164 cases

Objectives: Retroperitoneoscopic living donor nephrectomy (RLDN) is used by only a few centers worldwide. Similar to laparoscopic living donor nephrectomy it offers the donor rapid convalescence and excellent cosmetic results. However, concerns have been expressed over the safety of endoscopic living donor nephrectomy. Methods: We review the results of 164 consecutive RLDN from November 2001 to November 2007. Complications were classified into intra- and early postoperative. Results: Mean donor age was 53.4±10.7years (27-79). Left kidneys were harvested in 76% of cases. Mean operation time was 146±44min (55-270), and warm ischemia time 131±45s (50-280). In two patients (1.2%) conversion to open nephrectomy was necessary. The intraoperative complication rate was 3.0%. In the postoperative period we observed in 17.7% minor complications with no persisting impairments for the donor. The rate of major complications in the early postoperative period was 4.3%. Three patients (1.8%) necessitated revision, due to laceration of the external iliac artery in one patient and chyloretroperitoneum in two patients. Mean donor creatinine was 113.1±26.6mg/dl (63-201) on the first postoperative day, and 102.0±22.2mg/dl (68-159) on the fifth postoperative day. Conclusion: Retroperitoneoscopic living donor nephrectomy can be performed with acceptable intraoperative and early postoperative morbidity. Operation times and warm ischemia times are comparable to the open approac

ABO blood group-incompatible living donor kidney transplantation: a prospective, single-centre analysis including serial protocol biopsies

Background. ABO incompatible kidney transplantation using antigen-specific immunoadsorption is increasingly performed but data on outcome, complications and protocol biopsies are still scarce. The present prospective single-centre study was aimed at these issues. Methods. This was a prospective single-centre cohort study of 10 successive ABO incompatible living donor kidney transplantations at the University Hospital Basel from September 2005 to October 2007. The following parameters were closely monitored during the whole follow-up: graft function, albuminuria, blood group antibody titres, CD19+ cell count, total IgG and IgG subclasses, CMV antigenaemia, decoy cells in the urine, EBV and polyoma BK virus PCR in the blood. Protocol biopsies were performed on Days 0 and 7 after 3, 6, 12 and 18 months. Results. Patient and graft survival is 100% after a median follow-up of 489 days (range 183-916 days). Median serum creatinine is 137 μmol/l (range 70-215 μmol/l), and median urine albumin-creatinine ratio (UACR) is 3.1 mg/ mmol (range 0.6-7.8 mg/mmol) at the time of the last follow-up. All patients had sustained diminished CD19+ cell count and/or total IgG concentrations. Neither CMV antigenaemia nor EBV replication in the blood was observed. Seven patients had positive polyoma BK virus replication in the blood but none developed polyoma virus-associated nephropathy (PVAN). Protocol biopsies revealed rejection Banff IIa in three patients on Day 7, and in one patient after 3 and 6 months. Banff Ia rejection was found in five patients. All rejection episodes resolved. Mild signs of chronic antibody-mediated rejection were observed in five patients. Conclusions. ABO-incompatible kidney transplantation seems to be successful and safe. Modifications of the current protocol may be possible and may further reduce potential side effects and cost

Impact of tumor localization and molecular subtypes on the prognostic and predictive significance of p53 expression in gastric cancer

We investigated the prognostic and predictive impact of p53 expression for gastric cancer (GC) patients treated without or with preoperative chemotherapy (CTx) and its relationship with specific molecular GC subtypes. Specimens from 694 GC patients (562 surgical resection specimens without or after CTx, 132 biopsies before CTx) were analyzed by p53 immunohistochemistry. High (H) and low (L) microsatellite instability (MSI) and Epstein–Barr virus positivity were determined previously. Our results show that aberrant p53 expression was a negative prognostic factor in uni- and multivariable analysis in the resection specimens cohort (each p < 0.01). Subgroup analysis showed the strongest prognostic effect for patients with distally located tumors or no CTx treatment. In the biopsy cohort before CTx, p53 did not predict response or survival. p53 expression was significantly different among the molecular subtypes in surgical resection and bioptic specimens with strong association of altered p53 with MSI-L. Patients with MSI-H and aberrant p53 showed the worst survival in the biopsy cohort. In conclusion, the prognostic impact of p53 in GC differs according to tumor localization and CTx. Altered p53 is characteristic for MSI-L, and the p53 status in biopsies before CTx delineates MSI-H subtypes with inverse prognostic impact

Elevated microsatellite instability at selected tetranucleotide (EMAST) repeats in gastric cancer: a distinct microsatellite instability type with potential clinical impact?

We investigated the clinical impact of elevated microsatellite instability at selected tetranucleotide (EMAST) repeats in the context of neoadjuvant chemotherapy (CTx) in gastric/gastro-oesophageal adenocarcinomas. We analysed 583 resected tumours (272 without and 311 after CTx) and 142 tumour biopsies before CTx. If at least two or three of the five tetranucleotide repeat markers tested showed instability, the tumours were defined as EMAST (2+) or EMAST (3+), respectively. Expression of mismatch repair proteins including MSH3 was analysed using immunohistochemistry. Microsatellite instability (MSI) and Epstein-Barr virus (EBV) positivity were determined using standard assays. EMAST (2+) and (3+) were detected in 17.8 and 11.5% of the tumours, respectively. The frequency of EMAST (2+) or (3+) in MSI-high (MSI-H) tumours was 96.2 or 92.5%, respectively, demonstrating a high overlap with this molecular subtype, and the association of EMAST and MSI status was significant (each overall p < 0.001). EMAST (2+ or 3+) alone in MSI-H and EBV-negative tumours demonstrated only a statistically significant association of EMAST (2+) positivity and negative lymph node status (42.3% in EMAST (2+) and 28.8% in EMAST negative, p = 0.045). EMAST alone by neither definition was significantly associated with overall survival (OS) of the patients. The median OS for EMAST (2+) patients was 40.0 months (95% confidence interval [CI] 16.4-63.6) compared with 38.7 months (95% CI 26.3-51.1) for the EMAST-negative group (p = 0.880). The median OS for EMAST (3+) patients was 46.7 months (95% CI 18.2-75.2) and 38.7 months (95% CI 26.2-51.2) for the negative group (p = 0.879). No statistically significant association with response to neoadjuvant CTx was observed (p = 0.992 and p = 0.433 for EMAST (2+) and (3+), respectively). In conclusion, our results demonstrate a nearly complete intersection between MSI-H and EMAST and they indicate that EMAST alone is not a distinct instability type associated with noticeable clinico-pathological characteristics of gastric carcinoma patients

Retroperitoneoscopic donor nephrectomy: donor outcome and complication rate in comparison with three different techniques

Four surgical techniques for living donor nephrectomy were analyzed retrospectively in terms of perioperative outcome and early complication rate. A total of 182 donor nephrectomies including 69 open (OLDN), 14 fully laparoscopic (LDN), 34 hand-assisted laparoscopic (HLDN) and 65 retroperitoneoscopic (RLDN) nephrectomies were analyzed. There was a significant difference in mean operating time (OPT) between the OLDN (160min) and RLDN (150min) as compared to the LDN (212min) and HLDN group (192min) (P<0.001). Mean warm ischemia time (WIT) was significantly shorter with OLDN (114s), RLDN (121s) and HLDN (128s) when compared to LDN (238s) (P<0.001). Major complication rate was comparable among the groups. Independent of the preferred technique, donor nephrectomy is associated with complication rates. RLDN is comparable to OLDN in terms of OPT, WIT. Learning endoscopic donor nephrectomy could be associated with a higher complication rat